Erik K Pelton
AUGUST 13, 2024
Erik shares key insider tips he learned from his time as a USPTO Examiner in this episode The post 25 Tips from a Former Trademark Examiner appeared first on Erik M Pelton & Associates, PLLC.
JD Supra Law
AUGUST 13, 2024
The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First Circuit.
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Erik K Pelton
AUGUST 13, 2024
The following is an edited transcript of Chapter 7 of my book video Building a Bold Brand Chapter 7: Registration is the Keystone to Brand Protection While there are many incredible sights and millennia of history to write about in the city of Rome, one feature is central to all of the great buildings there: arches. From the first basic structures to the Colosseum, from the castles to the bridges and aqueducts, archways were central to building large and lasting structures.
JD Supra Law
AUGUST 13, 2024
On August 7, 2024, the 6th Circuit upheld a Chinese spy’s twenty-year prison sentence for attempting to steal aviation trade secrets from General Electric (GE). Yanjun Xu, a deputy director in China’s Ministry of State Security, was responsible for trying to steal aviation-related proprietary information. He spent years inviting Western aviation experts to China, attempting….
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?
The IPKat
AUGUST 13, 2024
OpenAI's approach to IP is often cited in the tech industry as an example of a radically new approach to IP. OpenAI has the reputation for protecting its innovations through the use of trade secrets as opposed to patents. However, it appears that this characterisation of OpenAI's strategy is years out of date. This is perhaps not surprising, given that patent applications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released abou
JD Supra Law
AUGUST 13, 2024
After almost 2 years of negotiations over a new interactive media agreement with video game industry giants such as Activision, Electronic Arts, Warner Bros. and Walt Disney Co., video game performers voted to strike as of Friday, July 26, 2024. The crux of the issue being negotiated surrounds artificial intelligence (“AI”) and performers’ fears that its unbridled use could provide game makers with a means to replace them by training AI to replicate an actor’s voice, or to create a digital.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
AUGUST 13, 2024
Continuing our series on electric vehicle (EV) trade secret litigation, see here and here, a California judge has tentatively given Tesla the green light to proceed with a trial against rival Rivian in March of 2025. This will pit two major players in the EV industry head-to-head in a high-stakes legal battle over proprietary EV battery and manufacturing technology.
TorrentFreak
AUGUST 13, 2024
For pirate IPTV blocking orders to be effective, the time between spotting a domain or IP address to be blocked, and the blocking actually taking place, needs to be as short as possible. For legal, practical, and technical reasons, the gap seems unlikely to shorten to the extent most rightsholders would like, but in general the process seems to be heading in that direction.
JD Supra Law
AUGUST 13, 2024
Corporate leaders concerned about protecting the recipe for their company's success have been following the fitful path of the FTC's rule banning non-competes. Lawsuits seeking to enjoin the rule were filed in multiple courts, but preliminary rulings conflict with the rule's legality and have offered no clarity about its ultimate fate. It remains set to take effect on September 4.
SpicyIP
AUGUST 13, 2024
Image from here The Delhi High Court, in AB Initio v. Assistant Controller , allowed the maintainability of divisional applications, which were rejected by the Controller u/s. 3(k) for being a computer program per se. The DHC, in this judgement, continued with its restrictive interpretation of 3(k), narrowing the scope of inventions which are excluded u/s. 3(k).
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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.
JD Supra Law
AUGUST 13, 2024
Mobile Acuity Ltd. v. Blippar Ltd., Appeal No. 2022-2216 (Fed. Cir. Aug. 6, 2024) In its only precedential patent opinion last week, the Federal Circuit confirmed the invalidity of all claims of two asserted patents as abstract under Section 101. Although the Section 101 analysis follows a long line of cases, the procedural aspects of this case sounded a cautionary note to patent plaintiffs and their counsel about the practice of using representative claims in litigation.
Technology & Marketing Law Blog
AUGUST 13, 2024
This case involves the CancelWatch “blog” on Substack, which says: “We report the activists trying to ruin people’s lives and careers.” In July 2023, it made a post entitled “ Oliver D. Smith ” that details Smith’s online activities and explains why it thinks they are nefarious. In response, Smith sued Substack pro se for defamation and more.
JD Supra Law
AUGUST 13, 2024
The United States Supreme Court is set to take on a trademark infringement case that may have a lasting impact on the concept of corporate separateness. In Dewberry Group, Inc. v. Dewberry Engineers Inc., the Supreme Court will decide whether the disgorgement of profits of non-party corporate affiliates is appropriate in calculating damages under federal trademark law (i.e., the Lanham Act).
SpicyIP
AUGUST 13, 2024
Image by rawpixel.com on Freepik In the aftermath of the very recent controversy surrounding the reports of Trademark orders being passed by contractual staff employed through the Quality Control Council (QCI), the CGPDTM has published an office order (dt. August 13, 2024) explaining the mechanism to revalidate these orders. This office order comes in light of the DPIIT’s direction to form a committee of officers for the above exercise, as pointed out by Sabeeh in his post above.
JD Supra Law
AUGUST 13, 2024
Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
SpicyIP
AUGUST 13, 2024
In light of the ongoing copyright dispute between legendary composer Ilaiyaraaja and makers of the hit Malayalam movie “Manjummel Boys” we are pleased to bring to you this tidbit by SpicyIP intern Tejas Misra. Tejas explains what the dispute was about and shares his quick take on the rights of composers under the Indian Copyright Act. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India.
JD Supra Law
AUGUST 13, 2024
Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
AUGUST 13, 2024
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
JD Supra Law
AUGUST 13, 2024
Kilpatrick partner Charles Gray, a patent attorney and the firm’s Shanghai Office Managing Partner, joined other leading Kilpatrick attorneys on a panel at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) to discuss the topic of “AI and Generative AI: What’s Here, What’s Coming.” The panel presented the complexities of artificial intelligence and generative AI in the IP landscape.
IP Law 360
AUGUST 13, 2024
A Federal Circuit panel on Tuesday summarily affirmed Twitter and Google's wins before the U.S. Patent Trial and Appeal Board in a matter concerning targeting advertising software patents, upholding a decision that found the tech giants had shown enough evidence to render the patents at issue as obvious based on prior art.
JD Supra Law
AUGUST 13, 2024
Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
AUGUST 13, 2024
A Chicago tech manufacturer says LinkedIn profiles aren't enough to keep it from getting away from the Western District of Texas' U.S. District Judge Alan Albright in a patent case involving microchip patents brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.
JD Supra Law
AUGUST 13, 2024
In Sanho Corp. v. Kaijet Tech. Int’l Ltd., issued July 31, 2024, the U.S. Court of Appeals for the Federal Circuit addressed the Leahy-Smith America Invents Act (“the AIA”) public disclosure exception to prior art, 35 U.S.C. § 102(b)(2)(B).
IP Close Up
AUGUST 13, 2024
Large learning models (LLMs) like OpenAI’s ChaptGPT and Google’s Gemini train their models on copyrighted content from the Internet under “fair use,” a controversial doctrine Continue reading
JD Supra Law
AUGUST 13, 2024
Over the last two years, we have studied the examiner affirmance rates of the Patent Trial and Appeal Board (PTAB) for § 101 rejections. The PTAB is the administrative court of the U.S. Patent and Trademark Office (USPTO) that handles applicant appeals of examiner rejections, as well as inter partes reviews (IPRs) and post-grant reviews (PGRs).
IP Watchdog
AUGUST 13, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled today in a precedential decision that a “first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date” under the judicially-created doctrine of obviousness-type double patenting (ODP).
JD Supra Law
AUGUST 13, 2024
Koss filed a patent infringement suit against Bose asserting the ’155, ’934, and ’025 patents, after which Bose petitioned for inter partes review of all three patents before the PTAB. The district court case was stayed pending resolution of the IPRs, which were instituted.
The TTABlog
AUGUST 13, 2024
Look Cycle, owner of the mark LOOK for bicycles and bicycle parts, petitioned to cancel a registration for the mark BLOOKE for bicycles, parts, and accessories, alleging likelihood of confusion, nonuse, and fraud. The Board upheld all three claims This blog post will discuss the first two; yesterday's post dealt with the fraud issue. Look Cycle International v.
The IPKat
AUGUST 13, 2024
The Katfriends at Newton Media wish to inform that the well-reputed and -attended Life Sciences Patent Network (LSPN) North America Fall 2024 conference is returning to San Francisco (CA, USA) on 15 and 16 October 2024. As explained by the organizers, LSPN Fall is the premier life sciences-focussed patent event on the West Coast. For 5 years, the conference has been been bringing together leading pharmaceutical and biotech professionals for 2 days of cutting edge content.
Velocity of Content
AUGUST 13, 2024
The primary goal for information managers is to provide the information their internal users need to meet their research objectives. As renewal season nears, information managers face the challenge of how to justify their content investment portfolio to internal budget decision makers amidst a potentially shrinking budget. Information managers find themselves asking these two questions: How can usage data tell the story of what resources are being used by researchers?
IP Law 360
AUGUST 13, 2024
American-Israeli 3D printing company Stratasys filed a pair of infringement cases in Texas federal court against a group of Chinese-based entities, accusing them of designing, making and selling Bambu Lab-branded printers that copy several of its patents.
Velocity of Content
AUGUST 13, 2024
As an educator, I spent countless hours searching to find content that would connect my students to the required traditional literary canon and district-supplied curriculum. The internet has multiplied the number of resources available, making it much easier for teachers to find supplementary materials, but more difficult to determine their quality.
IP Law 360
AUGUST 13, 2024
A California federal judge appeared open Tuesday to trimming counterclaims filed by a man accused by OpenAI of preventing the ChatGPT-maker from registering its name as a trademark, criticizing the allegations for being too generalized and driven by irrelevant "disgruntlement" against OpenAI CEO Sam Altman.
Christopher Roser
AUGUST 13, 2024
As part of my Grand Tour of German Automotive, I visited the two Audi plants in Germany, the headquarters in Ingolstadt and the second plant in Neckarsulm. In my last post I showed you Ingolstadt, in this post you will see Neckarsulm, which makes (among other things) the ultra-luxurious Audi A8 and its variants. Both. Read more The post The Grand Tour of German Automotive—Audi Neckarsulm first appeared on AllAboutLean.com.
IP Law 360
AUGUST 13, 2024
Nike Inc.'s lawsuit claiming New Balance Athletics Inc. infringed its Flyknit patents can advance, a Massachusetts federal judge ruled Tuesday — rejecting arguments that some of the allegations are barred by a Federal Circuit decision involving Adidas.
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