Plagiarism Today
FEBRUARY 15, 2024
The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.
Copyright Alliance
FEBRUARY 15, 2024
Today, we turn the spotlight over to one of our community partners, The Ella Project. They are dedicated to providing “pro bono legal assistance, arts business services, and advocacy to […] The post Community Partner Spotlight: The Ella Project appeared first on Copyright Alliance.
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Plagiarism Today
FEBRUARY 15, 2024
Roddy Rich beats lawsuit over The Box, Choreographer settles Fortnite case and MLC sues Pandora over allegedly unpaid royalties. The post 3 Count: Out of The Box appeared first on Plagiarism Today.
The IP Law Blog
FEBRUARY 15, 2024
On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention. The USPTO explained that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity.
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
Greenspoon Marder LLP
FEBRUARY 15, 2024
By: Monifa Hall, Esq. In the ever-evolving landscape of entertainment and entrepreneurship, one man has stood out as an icon of success: Dwayne “The Rock” Johnson. Beyond his towering presence in the wrestling ring and his blockbuster performances on the silver screen, Johnson has demonstrated savvy business acumen. His recent acquisition of full ownership rights to “The Rock” trademark serves […] The post Can You Smell What The Rock is Trademarking?
IP and Legal Filings
FEBRUARY 15, 2024
Introduction In an epoch where digitalisation has permeated in almost every aspect, India’s entertainment industry has also seen a major shift in the way people consume entertainment. The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
FEBRUARY 15, 2024
There’s no shortage of reasonable arguments that support the existence of a comprehensive anti-piracy system in Italy, capable of returning revenue to broadcasters, local football clubs, and rightsholders in general. On the other side of the debate, consumers of pirate IPTV services argue that a virtual monopoly, in which competition isn’t allowed to exist, is the very reason pirate IPTV services became so popular in the first place.
IP Law 360
FEBRUARY 15, 2024
Illinois-based marketing consulting firm Impossible X LLC has asked the U.S. Supreme Court to review a decision from a divided Ninth Circuit that revived plant-based burger maker Impossible Foods Inc.'s trademark lawsuit against it.
TorrentFreak
FEBRUARY 15, 2024
Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. When TVkaista launched in Finland way back in 2007, storing video in the cloud certainly wasn’t taken for granted as it is now. The service came with a program guide and allowed users to record and store TV shows from 15 local channels.
IP Law 360
FEBRUARY 15, 2024
VLSI urged the Federal Circuit on Thursday to block a California federal court from holding a trial solely on Intel's argument that it has a license to VLSI's patents after Intel was cleared of infringement, saying the court has acted "in clear excess of its jurisdiction.
Advertiser: IPO
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
Cogency Global
FEBRUARY 15, 2024
What this is : Entity management is the practice of keeping a n organization's core vital entity information in a system that serves as a single source of truth to manage ownership, management, formation, governance, compliance and other critical matters. What this means : S trong protocols and best practices on how the core vital entity information is managed for your organization by usin g an entity management system will support key governance and compliance requirements during the lifecycle
Technology & Marketing Law Blog
FEBRUARY 15, 2024
by guest blogger Prof. Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post , along with the attached meme. Otherwise, I generally try to avoid the DSA because it is so long, complicated, and mind-bending. To move us a little closer to understanding the DSA, Prof. Trimble provides this guest post.] * * * The European Union’s Digital Services Act (“DSA”), a significant legislative act of 93 articles and 156 recitals, will become fully effective from this
JD Supra Law
FEBRUARY 15, 2024
The explosion of artificial intelligence (AI) offerings and integrations in recent years has sent sepia-toned twentieth-century legal doctrines scrambling to keep up with decidedly technicolor twenty-first century technology. As more and more companies and consumers continue down the yellow brick road of using AI to buy and sell products and services, 2024 is set to be a year in which advertising law comes to the forefront to address the dramatic increase in false and misleading commercial.
Likelihood of Confusion
FEBRUARY 15, 2024
Last year there was much Strum und Drang here about INTA — sorry, I mean The I-N-T-A!, which stands for International Trademark Association! now there’s some INTA branding wisdom for ya — annual meeting. In a series of blog posts (here and here and here), I asked what I thought, consonant with my characteristic self-importance, were […] The post It’s fun to stay at the U-N-T-A!
The TTABlog
FEBRUARY 15, 2024
San Antonio Shoe, Inc. opposed Nike's application to register the proposed mark FOOTWARE for goods and service in classes 9, 38, and 42, all related to sensor and communication software, hardware, and services. Nike did not deny that "the FOOTWARE platform may be incorporated into a shoe," but it pointed out that the identification of goods and services makes no mention of shoes or footwear.
SpicyIP
FEBRUARY 15, 2024
Image from here In a welcome development, the office of Controller General of Patents, Designs and Trade Marks (CGPDTM) launched the Open House Helpdesk Portal on February 14, to “provide swift and effective resolution to the queries and grievances of applicants and stakeholders” on a plethora of issues. Registering oneself with the portal seems pretty straightforward where a person has to put in their name, email id, and mobile phone number.
JD Supra Law
FEBRUARY 15, 2024
In accordance with an executive order on the use of artificial intelligence (“AI”), the United States Patent and Trademark Office (“USPTO”) published guidance on February 13, 2024, that explained that a human can obtain a patent even in instances where “an AI system—like other tools—could perform acts that, if performed by a human, could constitute inventorship under [United States] laws.”.
The IPKat
FEBRUARY 15, 2024
The recent Board of Appeal decision in T 1252/20 proposed a substantially broader category of products permissible for second medical use claiming. The Board of Appeal disagreed with the previous approach in the case law of restricting second medical use claiming to products having a chemical mode of action. For the Board of Appeal in T 1252/20 , the category of "substance or composition" should include any product that may be defined by its chemical composition, regardless of the mode of action
JD Supra Law
FEBRUARY 15, 2024
The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. In general the changes bend toward greater alignment and the emergence of international norms. 2023 saw the near-completion of global adoption of partial design practice (China and Brazil are now there, Australia nearly so).
Corsearch
FEBRUARY 15, 2024
X (formerly Twitter) is one of the most popular social media platforms for businesses and individuals, with around 335 million monthly active users worldwide. Allowing brands to connect with their consumers and establish a recognizable online presence, it is a crucial platform to reach audiences on a global scale. Unfortunately, this global reach and accessibility to a large audience also attracts bad actors looking to exploit the popularity and features of social media platforms.
JD Supra Law
FEBRUARY 15, 2024
The Federal Circuit recently affirmed a Rule 12(b)(6) dismissal of patent claims directed to changing the position of components in an image to create the appearance of movement, i.e., animation. The court agreed that the claims are patent ineligible under 35 U.S.C. § 101 because they perform digital animation, an abstract idea, without including any technological improvement to computer functionality.
IP Law 360
FEBRUARY 15, 2024
Irell & Manella LLP helped VLSI win a nearly $949 million verdict against Intel Corp. for infringing a patent for microchip technology, and represented Netlist in its win where a jury said Samsung owes $303 million for willfully infringing five flash memory patents, earning the firm a spot among Law360's 2023 Intellectual Property Groups of the Year.
JD Supra Law
FEBRUARY 15, 2024
Ladas & Parry LLP considers diversity and inclusion as core values and principles that provide access to opportunity, consolidation of expertise and range of perspectives and ensures excellence, particularly in the IP field. We salute those who have helped shape the world and would like to shine a light on these pioneers who sometimes receive little or no credit.
IP Watchdog
FEBRUARY 15, 2024
Three law school faculty and students filed an amicus brief earlier this week urging the U.S. Supreme Court to reverse a trademark decision of the U.S. Court of Appeals for the Seventh Circuit regarding the legal standard for trademark confusion. The brief asks the Court to “end the contradiction and confusion” around the different approaches taken to the likelihood of confusion analysis by federal courts.
JD Supra Law
FEBRUARY 15, 2024
Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper Partner Andy Zappia and Counsel Bryan Smith analyze the sanctions order made public on February 6 in the OpenSky v. VLSI IPR proceeding. They explore how sanctions work at the PTAB, the types of conduct that could expose a party to sanctions, and best practices to avoid them.
IP Watchdog
FEBRUARY 15, 2024
It was an average week for patent filings at the Patent Trial and Appeal Board (PTAB) and an above-average week in district courts, with 72 district court complaints filed and 18 new PTAB petitions—one petition for Post Grant Review (PGR), and 17 for Inter Partes Review (IPR). At the PTAB, a number of challenges were filed, including two IPRs by Tesla challenging patents owned by Iqar Inc, four IPRs by Dish challenging patents owned by Entropic Communications LLC (associated with Fortress), two
JD Supra Law
FEBRUARY 15, 2024
Bayer's ‘053 patent on its drug Xarelto® expires in November 2024, and Bayer granted Mylan a covenant not to sue. Bayer has a second patent that is subject to a pediatric exclusivity that expires later - February 2025 - and Mylan concedes that the second patent blocks approval for its generic version of Xarelto® until that time.
Managing IP
FEBRUARY 15, 2024
Managing IP will host a ceremony in London on April 11 to reveal the winners of the EMEA Awards 2024
JD Supra Law
FEBRUARY 15, 2024
Scott McKeown is a shareholder in Wolf Greenfield’s Post-Grant Proceedings Practice. Based in the firm’s Washington, DC office, Scott focuses his practice on high-stakes matters before the US Patent Trial & Appeal Board, Court of Appeals for the Federal Circuit, and related patent litigation matters. Recognized as one of the top PTAB trial attorneys in the US, Scott is also a frequent speaker and author on various intellectual property topics and his award-winning blog can be followed at.
LexBlog IP
FEBRUARY 15, 2024
In October 2021, Robert Kolker published a longform feature in The New York Times Magazine with the title “ Who Is the Bad Art Friend? ” In his piece—which sparked widespread discussion online about the ethics of altruism, art, and friendship—Kolker describes a feud that erupted between two writer friends-turned-enemies, Dawn Perry Dorland and Sonya Larson.
JD Supra Law
FEBRUARY 15, 2024
Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants seeking relief from patent infringement litigation and other unfair acts. In 2023, the number of complaints filed in federal courts was down over previous years, and the ITC was no exception.
IP Law 360
FEBRUARY 15, 2024
A California federal magistrate judge appeared skeptical Thursday of Kirkland & Ellis' bid to subpoena confidential personnel information from a former IP associate's prior employers Paul Hastings LLP and Fish & Richardson PC in Kirkland's defense against her discrimination suit, telling counsel the requests seem overbroad and "at best marginally relevant.
JD Supra Law
FEBRUARY 15, 2024
Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law.
IP Law 360
FEBRUARY 15, 2024
A California state judge tentatively ruled on Thursday that government contractor Peraton Corp. cannot get discovery for ArentFox Schiff's work for a business rival around the time it represented Peraton, saying since the discovery bid relates to an arbitration provision in Peraton's retainer, what happened after it was inked isn't irrelevant.
JD Supra Law
FEBRUARY 15, 2024
In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise its discretion to institute an America Invents Act (AIA) trial when there is co-pending litigation—continued to grab headlines and spark controversy. It has, thus far, survived myriad efforts to curtail the PTAB’s discretion at institution.
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