Plagiarism Today
FEBRUARY 21, 2024
A pair of news stories have drawn new focus on terms of service overreach by companies and the new dangers AI brings to problem. The post AI and the New Age of the TOS Rights Grab appeared first on Plagiarism Today.
Intellectual Property Law Blog
FEBRUARY 21, 2024
Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. Everyone involved in the filing and prosecution of a U.S. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention.
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Plagiarism Today
FEBRUARY 21, 2024
Cox gets $1 billion judgment overturned, Cam'ron to pay $50k to photographer and Reddit strikes deal with AI company. The post 3 Count: One Billion Overturned appeared first on Plagiarism Today.
Erik K Pelton
FEBRUARY 21, 2024
Erik provides updates on one of our most frequently asked questions about the trademark process in this video. The post Update on USPTO Trademark Delays appeared first on Erik M Pelton & Associates, PLLC. Erik provides updates on one of our most frequently asked questions about the trademark process in this video.
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?
TorrentFreak
FEBRUARY 21, 2024
Late 2019, Internet provider Cox Communications lost its legal battle against a group of major record labels, including Sony and Universal. Following a two-week trial, a Virginia jury held Cox liable for its pirating subscribers. The ISP failed to disconnect repeat infringers and was ordered to pay $1 billion in damages. Heavily disappointed by the decision, Cox later asked the court to set the jury verdict aside and decide the issue directly, arguing that the “shockingly excessive” damages shou
JD Supra Law
FEBRUARY 21, 2024
The US Patent and Trademark Office (USPTO) has denied OpenAI’s applications to trademark “ChatGPT” and “GPT.” The Final Office Action states, “Registration is refused because the applied-for mark merely describes a feature, function, or characteristic of applicant’s goods and services.”.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Olartemoure Blog
FEBRUARY 21, 2024
Article 5 of Law 2213 of 2022 establishes that the special powers of attorney required to carry out any type of legal action may be conferred by data message, without requiring a handwritten or digital signature. SUPREME COURT OF JUSTICE (STC 3134-2023) Generally, we err in equating the data message to an e-mail and understanding it as an indispensable requirement for the validity of a power of attorney.
IP Law 360
FEBRUARY 21, 2024
An Illinois federal judge on Wednesday reinstated a lawsuit claiming a collector infringed the copyright of the late Chicago photographer Vivian Maier, giving the collector until June to pay Maier's estate as agreed in a 2020 settlement of the case.
Technology & Marketing Law Blog
FEBRUARY 21, 2024
According to the complaint, a 12-year-old girl made a Snapchat account, connected with sexual predators on Snapchat, met them offline, and was sexually abused. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds. The contested issue is whether the claims treat Snapchat as a publisher/speaker of the third-party content.
SpicyIP
FEBRUARY 21, 2024
Image from here The Delhi High Court (DHC) judgement in Vifor (International) Ltd. v. MSN Laboratories Pvt. Ltd. ,explaining and allowing product-by-process claims as fundamentally concerned with the product in question, is of seminal importance for Indian Patent jurisprudence. In my opinion, the judgement, although verbose, brings much needed clarity on Patent-by-Process in India by locating it within the Act, laying out its scope and applicability and interaction with Process Patent u/s 48(b)
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.
JD Supra Law
FEBRUARY 21, 2024
The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being. The question of how inventions that were at least partially implemented using an AI system would be treated was left unanswered by these holdings.
IP Law 360
FEBRUARY 21, 2024
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
JD Supra Law
FEBRUARY 21, 2024
2023 was a calm year for the International Trade Commission (“ITC”) with no revisions to the USITC Rules & Procedures.1 And while the number of Section 337 complaints filed experienced a three-year low, administrative law judges (“ALJs”) focused on fine tuning their rules and procedures and training new attorneys. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Law 360
FEBRUARY 21, 2024
A federal judge in Atlanta has said he won't reduce a $2.3 million verdict against two Georgia wholesalers of cigarette rolling paper accused of selling knockoffs, saying the jury's determination on the amount of the damages is "something the court cannot second-guess.
JD Supra Law
FEBRUARY 21, 2024
The burgeoning artificial intelligence (AI) sector received a boost late last year with President Biden’s “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” It directed the U.S. Patent and Trademark Office (USPTO) to “publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process,” as part of a set of policies and principles focused on “[p]romoting.
The TTABlog
FEBRUARY 21, 2024
People are saying that one can predict the outcome of a Section 2(d) appeal about 95 percent of the time just by looking at the marks and the goods and/or services. Here are the three Section 2(d) appeals recently decided by the TTAB. How do you think these three came out? [Answers in first comment.] In re Adorama, Inc. , Serial No. 97263050 (February 9, 2024) [not precedential] (Opinion by Judge Mark A.
JD Supra Law
FEBRUARY 21, 2024
Late last month, a Patent Trial and Appeal Board (“PTAB”) panel instituted two petitions that were filed separately by Celltrion and Biocon for inter partes review (“IPR”) of Regeneron’s U.S. Patent 11,253,572 (“the ’572 patent”) and joined the two IPR proceedings with a pending IPR proceeding filed by Samsung Bioepis Co., Ltd (IPR2023-00884), which had previously been instituted on November 17, 2023.
IP Law 360
FEBRUARY 21, 2024
A consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year from U.S. District Judge William Alsup that threw out a patent lawsuit from speaker maker Sonos for being too "sad," "ancient" and "wrong" to hold up in his court.
JD Supra Law
FEBRUARY 21, 2024
Intellectual property (“IP”) is hugely important to businesses. Given that importance, IP owners must occasionally litigate against the unauthorized use of their technology. The costs of such litigation and appurtenant settlements implicate a host of federal income tax issues. Some IP litigants do not consider those tax issues at all, while others aggressively overplay their hand.
The IPKat
FEBRUARY 21, 2024
This is a review of Commercialising Celebrity Persona, Intellectual Property Law and Practice by Emma Perot, Lecturer in Law at the University of the West Indies, St Augustine, Trinidad and Tobago. Bloomsbury publishing have kindly provided IPKat readers who would like to purchase this book with a 20% discount. The code can be found below. In the preface, Perot explains that: this is the first book to undertake empirical research on persona protection.
JD Supra Law
FEBRUARY 21, 2024
Artificial intelligence (AI) and machine learning (ML) are ushering in a new era in drug discovery. The AlphaFold2 system developed by Google’s Deepmind was able to predict the 3D structures of over 200 million proteins - with accuracy on par with experimental methods - in just two years. AI tools are being combined into virtual screening platforms that can accelerate multiple steps in the drug discovery process.
The IPKat
FEBRUARY 21, 2024
The IPKat has received and is pleased to host the following guest contribution by Til Todorski (Stockholm University) concerning some recent developments relating to the pending referral to the Court of Justice of the European Union (CJEU) in IKEA , C-298/23 (discussed on The IPKat here ), a key case for the interplay between freedom of expression and trade mark protection.
JD Supra Law
FEBRUARY 21, 2024
For many who draft, prosecute, or examine software-based claims, the Supreme Court’s 2014 opinion in Alice Corporation Pty. Ltd. v. CLS Bank International (Alice) kicked off an era of uncertainty and frustration. Based on a number of Federal Circuit decisions in the years since Alice, the United States Patent and Trademark Office (USPTO) has attempted to clarify the issue of patent eligibility for process claims.
IP Law 360
FEBRUARY 21, 2024
Federal patent officials are planning to increase the number of attorneys who can practice before the Patent Trial and Appeal Board, making a proposal to do things such as "designate non-registered practitioners who are recognized pro hac vice" as the legal head of a party in a proceeding.
JD Supra Law
FEBRUARY 21, 2024
Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process.
IP Watchdog
FEBRUARY 21, 2024
Oral arguments took place today in Warner Chappell Music v. Nealy, a case that asks whether a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit. The Justices repeatedly asked the parties involved whether they should dismiss the case as having been improvidently granted (DIG) in order to first grant and decide another pending case that directly addresses a technically peripheral, but seemingly crucial, question at issue i
JD Supra Law
FEBRUARY 21, 2024
Kilpatrick was honored to be a Platinum sponsor of the New York City Bar Association’s 2024 Intellectual Property Institute. Jonathan W. Thomas, Megan E. Bussey, Sindy Ding-Voorhees, and Anna Antonova represented Kilpatrick at the day-long Institute, which featured panels on wideranging topics, including the effects of the Supreme Court’s decision in “Bad Spaniels” on the arts and entertainment industries’ use of trademarks in expressive works; generative AI and copyright law; and the scope of.
43(B)log
FEBRUARY 21, 2024
World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No. 21-cv-03202-LB (N.D. Cal. Feb. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. It sued Peloton for trademark infringement and other claims after the defendant launched a new line of interactive stationary bicycles under the name “Peloton Bike+.
JD Supra Law
FEBRUARY 21, 2024
Is an invention developed with the assistance of artificial intelligence (AI) patentable? On February 13, the United States Patent and Trademark Office (USPTO) issued guidance that helps to answer this question while also incentivizing, protecting, and encouraging investment in innovations made possible through the use of AI.
LexBlog IP
FEBRUARY 21, 2024
In today’s ever-evolving online world, the intersection between trademark infringement and the use of trademarks as meta tags is an issue receiving more and more attention. In a drawn-out dispute spanning more than five years , the United States District Court for the Eastern District of Pennsylvania in Penn Engineering & Manufacturing Corp. v.
JD Supra Law
FEBRUARY 21, 2024
Precedential Decisions - Penumbra, Inc. v. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) (designated: November 15, 2023) (regarding prior art status under AIA § 102) The Director designated as precedential a final written decision holding that, for AIA patents, an analysis under Dynamic Drinkware v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed.
Olartemoure Blog
FEBRUARY 21, 2024
Article 5 of Law 2213 of 2022 establishes that the special powers of attorney required to carry out any type of legal action may be conferred by data message, without requiring a handwritten or digital signature. SUPREME COURT OF JUSTICE (STC 3134-2023) Generally, we err in equating the data message to an e-mail and understanding it as an indispensable requirement for the validity of a power of attorney.
JD Supra Law
FEBRUARY 21, 2024
Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions on patent case-law and developments in the areas of ethics in patent law, patent-eligible subject matter, claim construction, inequitable conduct, popular litigation venues, Inter Partes Review, and other patent-related issues.
IP Law 360
FEBRUARY 21, 2024
A California federal judge agreed on Tuesday to postpone the latest legal showdown between patent litigation business VLSI and chipmaker Intel after lawyers in the case acknowledged they couldn't reach agreement on the case schedule.
JD Supra Law
FEBRUARY 21, 2024
The Arkansas civil and criminal statutes referenced in our prior blog posts on the subject each have their own definition of what constitutes a trade secret. The applicable definitions are highlighted below.
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