Plagiarism Today
OCTOBER 24, 2023
A new study claims that AI systems can trivially reproduce hundreds of words from copyrighted works. Here's what it means. The post Study Highlights AI Systems Printing Copyrighted Work Verbatim appeared first on Plagiarism Today.
Intellectual Property Law Blog
OCTOBER 24, 2023
This case addresses the validity of two patents asserted against wireless communications technologies. In particular, this case discusses claim construction and post-issuance claim amendments that broaden the scope of challenged claims. Background Sierra Wireless, along with several other defendants, filed petitions seeking inter partes review of U.S.
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Plagiarism Today
OCTOBER 24, 2023
Lighting company wins summary judgment against wholesaler, China targets video game infringement and South Africa sentences streaming pirate. The post 3 Count: Lighting in a Bottle appeared first on Plagiarism Today.
Intellectual Property Law Blog
OCTOBER 24, 2023
This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). Background Cellect sued Samsung Electronics, Co. for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.
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?
Erik K Pelton
OCTOBER 24, 2023
Erik shares fun trademark facts about some of your favorite The post Halloween Candy Trademarks appeared first on Erik M Pelton & Associates, PLLC.
JD Supra Law
OCTOBER 24, 2023
With deepfakes going around the Internet, the ability of AI tools to generate convincing and hyperreal replicas of a person’s likeness has raised a number of new issues, including the ability of rights of publicity (or “name, image and likeness” laws) to protect against improper use. Currently in the US, the rights of publicity are governed largely by state law, and the scope and level of protection varies significantly from one state to the next.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
OCTOBER 24, 2023
Copyright Office To Consider AI Proposal as Part of the Current DMCA Triennial Review - A key feature of the 1998 Digital Millenium Copyright Act (DMCA) is its prohibition of circumventing access controls that have been implemented to protect copyrighted works. As part of the Copyright Office’s ninth triennial review of the DMCA, the office announced on October 19, 2023, that it is considering, and seeking public comment on, seven different carveouts to this prohibition, one of which would.
IP Watchdog
OCTOBER 24, 2023
On October 23, the U.S. Patent and Trademark Office’s (USPTO) Office of the Chief Economist (OCE) published a report detailing patent application filing trends at the USPTO related to COVID-19 diagnostics technologies. The OCE found that filing activity surged following the arrival of the novel coronavirus in early 2020, with much of that increase driven by small companies and research institutions.
Velocity of Content
OCTOBER 24, 2023
The John Maddox Prize is a joint initiative of the charity Sense about Science and the leading international scientific journal Nature. Past winners include journalists, scientists, and public health officials from around the world. In 2020, Dr. Anthony Fauci won for his efforts to communicate the science behind COVID-19. Last year, the prize went to Eucharia Oluchi Nwaichi , a Nigerian biochemist and academic, for her work engaging communities to explore solutions for pollution in the oi
Technology & Marketing Law Blog
OCTOBER 24, 2023
SMS has copyright registrations in photos of its pump dispensers. It claims that a rival, Pharmaaid, is selling identical products and displays SMS’s photos in its Amazon store and on product packaging. Here’s SMS’s purported visual proof of Pharmaaid’s infringements: (It’s like the meme with Pam from the Office about the differences between two pictures, except in this case they are clearly NOT the same picture).
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.
Christopher Roser
OCTOBER 24, 2023
In my series on the Toyota KPI dashboard, after safety, quality, and productivity, we finally arrive at cost. While for some companies it is the number one factor, for Toyota it is far behind safety, quality, and productivity. The argument is that if safety, quality, and productivity are in line, it is likely that cost. Read more The post The Toyota KPI Dashboard—Cost first appeared on AllAboutLean.com.
IP Close Up
OCTOBER 24, 2023
Almost half of the top 100 colleges, universities and research institutes that have been granted U.S. patents are located outside of America.
JD Supra Law
OCTOBER 24, 2023
The European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) have recently published a new joint study highlighting just how impactful intellectual property (IP) rights, such as patents and trademarks, can be in securing funding for start-ups.
IP Law 360
OCTOBER 24, 2023
The Fourth Circuit was tasked Tuesday with deciding whether a news website publishing a Ted Nugent photograph to allegedly convey a political message falls under fair use, even as two judges confessed they had no clue as to the identity of the '70s rock star turned conservative icon.
JD Supra Law
OCTOBER 24, 2023
While AI has been a revolutionary development that can streamline and improve many workplace tasks, it also comes with legal hurdles that need to be carefully navigated. Meagan Bainbridge and Lukas Clary review some of the potential intellectual property and privacy concerns that can come about when employees use AI for work purposes in this episode of California Employment News.
IP Law 360
OCTOBER 24, 2023
A Sixth Circuit panel focused Tuesday on whether an ex-Major League Baseball pitcher won an inflated jury award in a trademark infringement lawsuit, pressing an attorney for baseball academy Player's Dugout Inc. to justify his argument that the award should have been reduced.
JD Supra Law
OCTOBER 24, 2023
The U.S. Patent Office, the National Institute of Standards and the International Trade Administration are all currently seeking input to establish U.S. policy on foreign standard-essential patent licensing regulatory regimes — after the European Commission proposed a regulation to reform SEP licensing. Originally published in Law360 - October 19, 2023.
IP Law 360
OCTOBER 24, 2023
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
JD Supra Law
OCTOBER 24, 2023
Means-plus-function claim elements can be a sticky wicket during an inter partes review, to borrow a phrase from the cricket lovers out there. These are claim elements drafted under 35 U.S.C. § 112(f) (or its predecessor paragraph 6) that recite an element of a combination as a means for performing a specified function. Normally, elements like that are construed to cover the structure disclosed in a patent’s specification corresponding to the claim-recited function.
The TTABlog
OCTOBER 24, 2023
The Board recently decided three Section 2(d) oppositions in which it held oral arguments in August 2023. How do you think they came out? Answers in first comment. K2 Sports, LLC v. Joyride Snowboards LLC , Opposition No. 91263939 (September 28, 2023) [not precedential] (Opinion by Judge Frances S. Wolfson). [Opposition to registration of JOYRIDE SNOWBOARDS for "snowboards" [SNOWBOARDS disclaimed] on the ground of likelihood of confusion with the registered mark RIDE for snowboards and accessori
JD Supra Law
OCTOBER 24, 2023
The Patent Trial and Appeal Board rejected a patent owner’s argument that the Board should exercise its discretion to deny a petitioner’s inter partes review (IPR) petition because Petitioner failed to name a time-barred real party-in-interest (RPI). The PTAB concluded that the evidence of record—including overlapping but minimal legal representation, different accused products and no proof of a preexisting relationship between parties—supported the conclusion that Petitioner had met its burden.
Patently-O
OCTOBER 24, 2023
by Dennis Crouch The idea of “techno-optimism” has been gaining traction lately, thanks to wealthy venture capitalist Marc Andreessen. In his recent essay “ The Techno-Optimism Manifesto ,” Andreessen lays out his vision of how constant technological development leads to to abundance, progress, and human flourishing. At its core, techno-optimism is the belief that technological innovation is an inherent good that we should actively encourage as a society.
JD Supra Law
OCTOBER 24, 2023
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Appeal No. 2022-1873 (Fed. Cir. Oct. 16, 2023) In this week’s Case of the Week, the Federal Circuit reversed and remanded a California district court’s judgment as a matter of law (JMOL) that the asserted patents had not been shown to be obvious, and held that factual disputes on obviousness should have gone to the jury.
Kluwer Copyright Blog
OCTOBER 24, 2023
The posting of the privately-developed standards constitutes fair use—at least when done for non-profit purposes. A public interest organization that made available to the public a collection of technical standards incorporated by reference in federal regulations engaged in a fair use of those standards and therefore did not infringe on the exclusive rights of the private entities that developed those standards, the U.S.
JD Supra Law
OCTOBER 24, 2023
Spurred by both planetary and economic needs, the industry commonly referred to as “cleantech”—short for “clean technology”—has been on the rise. Current estimates predict clean energy technologies could dominate oil and gas by as early as 2030 (Global cleantech market size by country 2030 | Statista).
43(B)log
OCTOBER 24, 2023
This sticker doesn't seem particularly likely to confuse to me, and dilution is bunk: [link]
JD Supra Law
OCTOBER 24, 2023
A federal court has ruled that a photographer may not recover certain profits indirectly related to authorized copies of his work. The case is Graham v. Prince, No. 15-CV-10160 (SHS), 2023 WL 5917712 (S.D.N.Y. Sept. 11, 2023).
Patent Trademark Blog
OCTOBER 24, 2023
How can a first-time filer speed up their utility patent application? If you are filing a utility patent application for the first time, you might be able to speed up your patent app. The USPTO has launched a First-Time Filer Expedited Examination Pilot Program to help micro entity applicants obtain an earlier review of their patent apps. Here is a breakdown of the USPTO program and qualifications.
JD Supra Law
OCTOBER 24, 2023
The use of artificial intelligence (AI) to advance stem cell therapy has produced exciting results, with a key role in driving recent growth and innovation. Separated into three parts, this article provides an overview the promises and challenges of stem cell therapy before exploring the current uses of AI to address these challenges.
LexBlog IP
OCTOBER 24, 2023
This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). Background Cellect sued Samsung Electronics, Co. for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.
JD Supra Law
OCTOBER 24, 2023
For 48 years, the Trademark Trial and Appeal Board of the U.S. Patent & Trademark Office has held that if a trademark registrant files a fraudulent declaration under Section 15 of the Lanham Act to make its registration incontestable, the registration is cancelled in its entirety, full stop. But on October 18, the U.S. Court of Appeals for the Federal Circuit put an end to that, holding that the TTAB lacks the statutory authority to cancel a registration in its entirety due to a.
LexBlog IP
OCTOBER 24, 2023
This case addresses the validity of two patents asserted against wireless communications technologies. In particular, this case discusses claim construction and post-issuance claim amendments that broaden the scope of challenged claims. Background Sierra Wireless, along with several other defendants, filed petitions seeking inter partes review of U.S.
Trading Secrets
OCTOBER 24, 2023
This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill Blog. In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?
LexBlog IP
OCTOBER 24, 2023
This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill Blog. In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?
IP Watchdog
OCTOBER 24, 2023
Yesterday, Google waived its right to respond to a petition for writ of certiorari to the U.S. Supreme Court filed by the inventors of a method for protecting computers from malware. The inventors, Alfonso Cioffi and Allen Rozman (the patent is now assigned to Melanie, Megan and Morgan Rozman), are appealing a U.S. Court of Appeals for the Federal Circuit (CAFC) decision that reversed a district court ruling and $20 million verdict for the inventors.
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