Plagiarism Today
FEBRUARY 14, 2024
Plagiarism has been in the headlines more than ever before, but why does it feel like people are finding plagiarism everywhere they look? The post Why is There So Much Plagiarism Right Now? appeared first on Plagiarism Today.
Intellectual Property Law Blog
FEBRUARY 14, 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. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions.
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Plagiarism Today
FEBRUARY 14, 2024
OpenAI gets courtroom victory, Travis Scott sued over unlicensed samples and Apple removes sneaky piracy app from app store. The post 3 Count: Hidden Piracy appeared first on Plagiarism Today.
Intellectual Property Law Blog
FEBRUARY 14, 2024
ParkerVision, Inc., v. Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. Cir. December 15, 2023) primarily involved three topics: (1) the type of language in a patent specification that “clearly expresses” that the inventor was acting as a lexicographer, i.e., redefining a term against the term’s plain and ordinary meaning, (2) the appropriate scope of a reply brief when a patent owner introduces a claim construction for the first time in the patent ow
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?
Michael Geist
FEBRUARY 14, 2024
Crown copyright, which grants the government exclusive copyright in any any work that is, or has been, prepared or published by or under the direction or control, has long been the focus on copyright and open government advocates who have called for its elimination. Under the current system of crown copyright that dates back for decades, government departments can use copyright to limit the publication or distribution of public works.
TorrentFreak
FEBRUARY 14, 2024
Apple is known to have a rigorous app-review policy that aims to keep piracy at bay. In the past, several BitTorrent apps have been rejected from the App Store , for example. Despite these efforts, problematic apps slip through the cracks occasionally. We’ve seen piracy apps disguised as other tools getting approval and a recent report from The Verge shows that this trick still works today.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
FEBRUARY 14, 2024
The Alliance for Creativity and Entertainment regularly announces site closures following enforcement action. Over the past seven years, hundreds of sites have fallen, but the supply of new threats currently seems inexhaustible. The level of detail ACE makes available to the public varies, but it appears to be affected by several variables. Details of settlements are rare, as one might expect.
Olartemoure Blog
FEBRUARY 14, 2024
Valentine’s Day is the day to celebrate love! We express love in different ways, through gifts, dates, kisses, food, etc. Today we want to talk about how intellectual property is always present, from heart-shaped diamonds to innovative dating systems. Get to know a bit more about these patents that have added a touch of creativity and technology to the season of love.
IP and Legal Filings
FEBRUARY 14, 2024
Observations Constitution Bench In Kashiram Aggarwalla (Supra) Has Authoritatively Interpreted As Well As Outlined The Scope And Ambit Of Section 127 Of The Act: The court notes that at the time the impugned orders were passed, the Faceless Assessment Scheme was governed by these notifications, not Section 144B of the Income Tax Act. The court considers the scope and interpretation of Section 127 of the Act, which deals with the power of transfer.
Nelligan Law
FEBRUARY 14, 2024
Reading Time: 3 minutes In a recent incident aboard an Alaska Airlines Boeing 737 Max, passengers experienced a terrifying moment when a section of the aircraft’s fuselage, known as a “plug door,” suddenly detached, causing explosive decompression mid-flight. The door plug, essentially a blank section meant for optional door placement, failed, leaving a significant hole in the plane and chaos among passengers as the flight ascended from its origin in Portland, Oregon.
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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.
Velocity of Content
FEBRUARY 14, 2024
Throughout the past year, feedback from the scholarly publishing community was an essential component to enhancing CCC’s market-leading solutions to help publishers of all sizes. Whether managing institutional agreements with RightsLink for Scientific Communications, improving data quality with Ringgold Solutions, or analyzing publication data with OA Intelligence, here is a look back at some key improvements and highlights for CCC’s Scholarly Communications Suite in 2023 resulting from our cont
Technology & Marketing Law Blog
FEBRUARY 14, 2024
A rare case analyzing Section 230’s intersection with admiralty law. The case involves GetMyBoat, an online marketplace for boat rentals. Listings are free, but GetMyBoat takes a cut of any booked transactions. A young woman, Lindsey Faith Partridge, used GMB to rent a boat from Chaves. A boating accident led to Lindsey’s tragic death. Chaves sought a declaration of non-liability (an “exoneration”), which prompted Lindsey’s estate to sue GMB as well.
JD Supra Law
FEBRUARY 14, 2024
While romance might be viewed as a personal matter, an employee falling for a romance scam can have a direct impact on an organization’s bottom line. Not only could their performance suffer, but a criminal may try to steal the employee’s or company’s confidential information, money, or mobile devices to gain access to company data. Or the employee being scammed might fraudulently divert company funds to benefit the scammer, as one Minnesota company that lost $4 million due to a romance scam.
The IPKat
FEBRUARY 14, 2024
On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The Guidance has been published and will be effective from 13 February 2024. The Guidance “ provides instructions to examiners and stakeholders on how to determine whether the human contribution to an innovation is significant enough to qualify for a patent when AI also contributed.
The TTABlog
FEBRUARY 14, 2024
The CAFC upheld the Board's affirmance [ TTABlogged here ] of a refusal to register the mark CHESTEK LEGAL for "legal services" based on Applicant Chestek PLLC's failure to provide its "domicile address." Chestek listed a post office address, but under Trademark Rules 2.32(a)(2) and 2.189 a post office box is not a street address. Conceding that it failed to comply with the domicile address requirement, Chestek argued on appeal that the Rules were unlawfully promulgated under the Administrative
JD Supra Law
FEBRUARY 14, 2024
Why should internet of things (IoT) manufacturers prepare to be approached by standard essential patent (SEP) holders? A recent trend suggests that many implementers may soon have to negotiate licenses that implicate IoT-specific concerns.
IP Law 360
FEBRUARY 14, 2024
Judges on the Federal Circuit split in a Wednesday finding on how exactly the courts should read the phrase "transaction partner" in a patent lawsuit against a regional bank in Indiana, with the majority opting to agree with a federal judge in Illinois that the words could only be construed in such a way that meant the patent case couldn't hold up in court.
IP Watchdog
FEBRUARY 14, 2024
Fashion is a brand-driven industry, and few brands in the fashion space carry the same cachet as Chanel. But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.” The jury awarded Chanel $4 million in statutory damages on Chanel’s claims of trademark infringement, false association, unfair competition, and false advertising related to What Goes
JD Supra Law
FEBRUARY 14, 2024
In a relatively scathing opinion finding the plaintiffs’ Complaint “defective in numerous respects,” a district court judge has thrown out most of the claims a group of artists has asserted against AI platforms that allegedly used the artists’ copyrighted works without permission. The order in Andersen et al. v. Stability AI Ltd. provides an important preview on courts’ tolerance for AI-related copyright lawsuits moving forward—including a similar class action filed by actor/comedian Sarah.
IP Law 360
FEBRUARY 14, 2024
A D.C. federal judge may be allowing suspended U.S. Circuit Judge Pauline Newman to pursue a handful of arguments over the constitutionality of the Judicial Conduct and Disability Act, but attorneys told Law360 they aren't convinced those claims will fare any better than those already dismissed by the court.
JD Supra Law
FEBRUARY 14, 2024
Can a drug manufacturer refuse to provide samples of its innovator product under the CREATES Act if it thinks that the requester will not actually use them to develop a biosimilar or generic drug? A recently filed suit in the District of Delaware may provide an answer to this novel question.
IP Law 360
FEBRUARY 14, 2024
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
JD Supra Law
FEBRUARY 14, 2024
In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act. This decision, however, left an important question unanswered: Are inventions created with AI assistance patentable?
IP Law 360
FEBRUARY 14, 2024
A New York music licensor has hit a Detroit-area restaurant with a copyright suit over the unauthorized performance of three 1970s-era disco songs by artists like the Bee Gees and KC and the Sunshine Band, telling the Michigan court that it had reached out to the dining establishment over 50 times ahead of filing its claims.
JD Supra Law
FEBRUARY 14, 2024
Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed.
IP Watchdog
FEBRUARY 14, 2024
On February 12, the Mechanical Licensing Collective (MLC) filed a lawsuit against streaming music company Pandora Media in the Middle District of Tennessee seeking unpaid royalty fees for blanket licenses under the Music Modernization Act (MMA). The case, prompted by recent final determinations on blanket license royalty rates, could prove an interesting test case on the level of interactivity and personal control required before a streaming service qualifies as a covered activity under the MMA.
JD Supra Law
FEBRUARY 14, 2024
AI-assisted inventions can be patented, provided there is a significant contribution by at least one natural person - The USPTO has now published guidance explaining how the determination of inventorship for AI-assisted inventions should be considered, including the below key takeaways. The USPTO is seeking public comment. The USPTO may issue further guidance and examples or modify the current guidance.
IP Watchdog
FEBRUARY 14, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) today held that certain claims of a patent for a system to protect against identity theft and fraud were invalid for indefiniteness. Judge Schall dissented-in-part, explaining that he would not have found the claims indefinite based on the intrinsic evidence. U.S. Patent No. 9,361,658 is owned by Mantissa Corporation and is titled “System and Method for Enhanced Protection and Control Over the Use of Identity.
JD Supra Law
FEBRUARY 14, 2024
The USPTO Director is under no obligation to institute petitions for inter partes review, even if a petition technically meets all of the requirements for institution. There are two well-known flavors of discretionary denial upon which the Director may rely to deny institution. The first falls under 35 U.S.C. § 314(a), which provides the minimum requirements for a petition while otherwise granting the Director broad discretion in determining which proceedings to institute.
The IPKat
FEBRUARY 14, 2024
If you've been too busy organising a grand romantic gesture for your loved one , not to worry, the IPKat has lovingly prepared this summary of the IP news from last week. Patents Happy Valentine's Day from the IPKat! Photo by Jasmine Pang, via Pexels. This Kat highlighted the potential changes to the global protection of traditional knowledge. With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent ap
JD Supra Law
FEBRUARY 14, 2024
On February 13, 2024, the USPTO published a Federal Register notice on Inventorship Guidance for Artificial Intelligence (AI)-assisted Inventions ("Guidance") in response to President Biden’s October 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO 14110).
IP Law 360
FEBRUARY 14, 2024
Gibson Dunn & Crutcher LLP scored a directed verdict of noninfringement for Dell during a $435 million patent trial in front of U.S. District Judge Alan Albright and shielded SharkNinja from any business interruption during proceedings before the U.S. International Trade Commission, earning the firm a spot in Law360's 2023 Intellectual Property Groups of the Year.
JD Supra Law
FEBRUARY 14, 2024
On Monday, the US Patent and Trademark Office (USPTO) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI). This guidance, which was published in the Federal Register on Tuesday, aims to bring clarity to the patent application process given that AI plays an increasing role in innovation across all aspects of technology.
IP Law 360
FEBRUARY 14, 2024
American Airlines Inc. told a Texas federal court Tuesday that it has settled its lawsuit claiming that Kiwi.com sold the airline's tickets and displayed American's trademarks and copyright-protected flight symbol without permission.
JD Supra Law
FEBRUARY 14, 2024
In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. design patents. The three 2023 opinions are Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., LKQ Corporation v. GM Global Technology Operations LLC, and Blue Gentian, LLC v. Tristar Products, Inc. The first two opinions are summarized below.
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