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In this quarterly update, we review the latest developments in three subjects salient to corporate use of artificial intelligence (AI). First, we discuss the risks associated with AI, the case for board oversight and how the board can exercise oversight over management’s implementation of AI. Second, we review recent trends in AI Intellectual Property (IP) litigation.
Despite warnings from internet experts, the government passed a law in 2023 aimed at combating illegal IPTV services. However, the legislation has failed to achieve its intended outcomes. What followed wasn’t a meeting of minds with all stakeholders involved, but a steely determination to make the system work for the rightsholders. For a framework that had measures in place to punish internet companies for failing to block, but nothing in place to punish rightsholders for blocking innocent
California’s Safe and Secure Innovation for Frontier Artificial Intelligence Models Act is one of the first significant regulations of artificial intelligence in the United States that, if signed, would place liability on the developers of AI models. Before a company can begin to initially train a covered model, the bill would require AI developers to publicly post disclosures about how the company will test the likelihood of the model to cause critical harm and the conditions under which the.
This week in Other Barks & Bites: the Federal Trade Commission (FTC) appeals a Florida court’s ruling on its proposed ban on noncompete agreements; two Nobel Prize winners ask to cancel their groundbreaking CRISPR patent to avoid a potential legal cancellation of the patent; and the Trademark Trial and Appeal Board (TTAB) invalidates four superhero trademarks owned by comic giants DC and Marvel.
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 FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of The Briefing.
Last week, over the course of a single day, California Governor Gavin Newsom made headlines by signing into law five new bills tackling complex issues involving digital replicas and deepfakes. Two of the bills are aimed at “digital replicas,” and the other three address concerns about deepfakes relating to elections.
Last week, over the course of a single day, California Governor Gavin Newsom made headlines by signing into law five new bills tackling complex issues involving digital replicas and deepfakes. Two of the bills are aimed at “digital replicas,” and the other three address concerns about deepfakes relating to elections.
In an important order concerning claim amendments, the Controller has recently ruled that any new amendments to the claims cannot exceed the scope of the lastly amended claims. The decision was passed by Dr. S. P. Subramaniyan and concerned the patent application number 9790/ CHENP/ 2011 filed by M/s. Nippon Shinyaku Co. Ltd. Here, the applicant originally filed 11 claims, with claims 1-3 related to crystal forms I, II, and III; claims 4-8 related to composition/product; and claims 9-11 related
American patent law is evolving to allow damages for foreign sales of infringing products. Both American companies making sales abroad and foreign companies with exposure to American supply chains should take note. Previous strategies to potentially escape the reach of the U.S. patent laws may no longer be useful. This uncertainty may be worthy of additional legal scrutiny.
A Delaware federal jury decided Friday that Amazon Web Services infringed two computer network patents that were once owned by Boeing, and told the tech giant to pay $30.5 million in damages.
Trademark scams are on the rise, again. In the five years since we initially published this advisory, scammers have honed their tactics, using advanced technology to distribute misleading solicitations and invoices related to trademarks. Many clients report receiving a steady stream of these deceptive communications.
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.
A Texas federal jury told IBM on Friday that its blockchain software infringes two patents by a small tech developer and that it owes $19.5 million, far less than the $167 million the developer asked for.
Starting a company by licensing technology from a university is a complex process with unique challenges and opportunities. Here are the most critical points for founders to consider when navigating university technology licensing.
by Dennis Crouch The United States Patent and Trademark Office (USPTO) has disclosed a significant error in its patent term adjustment (PTA) calculations, potentially affecting patents issued between March 19, 2024, and July 30, 2024. The USPTO discovered a coding error introduced in a recent software update. This error specifically affected two aspects of the PTA calculation: 1.
Ever since the Supreme Court's decision in Dickinson v. Zurko, federal courts (including the Federal Circuit) are compelled under the Administrative Procedures Act to review factual determinations by the U.S. Patent and Trademark Office under a substantial evidence standard. The consequences of this standard are illustrated (once again) in the Federal Circuit affirming.
On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an opinion affirming a district court’s decision to grant the U.S. Patent and Trademark Office’s (USPTO) motion to dismiss for failure to state a claim in a contested patent case. Appellant/Plaintiff Eula Winfrey had initiated the claim in the U.S. District Court for the Middle District of Georgia, seeking “relief for the issue of two pillaged patents” as well as damages from the USPTO.
On July 2, 2024, in Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., 108 F.4th 458 (7th Cir. 2024), the U.S. Court of Appeals for the Seventh Circuit held as a matter of first impression at the appellate level that the Defend Trade Secrets Act (DTSA) has extraterritorial reach, and therefore a trade secret owner can.
Renner Otto, a growing intellectual property (IP) law firm located in Cleveland’s Playhouse Square, is looking for a Trademark Associate. Renner Otto is committed to providing a world-class work environment with very competitive compensation for outstanding work. Compensation is commensurate with experience and may include salary or percentage of billings in addition to comprehensive benefits, including health, dental, life, 401(k) and many other excellent benefits.
In the world of furniture design, aesthetics often play as crucial a role as functionality since the unique appearance of a furniture piece can set it apart in a competitive marketplace and help establish a brand’s identity. Fortunately, design patents are uniquely suited to protect the visual innovation embedded in furniture designs, and can help to safeguard company investment in the creation of unique offerings.
The USPTO refused to register the mark shown below left, for "Back packs; fanny packs; tote bags" and for "“Clothing, namely, aprons, t-shirts, sweatshirts, and hats," finding confusion likely with the registered mark shown below right, for, inter alia, backpacks and t-shirts. The goods are in-part identical and those goods presumably travel in the same trade channels to the same classes of consumers.
On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. Since then, the Office québécois de la langue française (OQLF) has published on its website a guide – currently available only in French – on the new rules for trademarks appearing on products.
Federal Communications Commission chairwoman Jessica Rosenworcel vowed during a speech Friday to take a strong position on enforcing the Telephone Consumer Protection Act against AI-generated robocalls and noted the FCC is considering new AI election-related disclosure regulations, quoting pop singer Taylor Swift who said, "The simplest way to combat misinformation is with the truth.
On September 10, 2024, District Judge Paul G. Gardephe (S.D.N.Y.) granted in part Defendant Adobe, Inc.’s motion to dismiss for failing to plead “facts sufficient to establish infringement.”.
Western Digital has asked a California federal court to either toss a jury's $262 million verdict against it and rule that the hard drive maker did not infringe any MR Technologies patents, or order a new trial in the dispute over technology that increases storage capacity of disk drives.
The mergers and acquisitions (M&A) landscape in the sports industry has remained notably active and attractive to investors, driven by continuous digital transformation and global franchise investments. Since 1985, the sports industry has recorded 5,724 M&A transactions, amounting to $1.7 trillion, highlighting a sustained growth trajectory.
An advocate for lowering drug prices squared off Friday against a former U.S. Patent and Trademark Office director about the potential risk of accepting government funds to develop drugs, as part of a discussion at New York University School of Law.
Precedential and Key Federal Circuit Opinions - 1. ASTELLAS PHARMA v. SANDOZ INC. [OPINION] (2023-2032, 2023-2063, 2023-2089, 9/18/24) (Lourie, Prost, Reyna) - Lourie, J. The Court vacated and remanded the district court’s finding that the asserted claims are invalid under 35 U.S.C. § 101 as directed to an ineligible natural law. Because no party had raised an invalidity challenge under § 101, the Court found the district court abused its discretion by disregarding the principle of party.
A Florida federal judge has awarded more than $1.3 million in attorney fees to a timeshare company that prevailed in a lawsuit against a Wyoming company over a false advertising scheme encouraging customers to stop paying for their properties, after agreeing the marketers pursued an "exceptionally weak case" that would not succeed.
The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of The Briefing.
Two Seventh Circuit judges seemed unsure Friday that they saw enough evidence of copying to reverse rapper French Montana's summary judgment win over claims that he infringed a California producer's sound recording copyright to make his song "Ain't Worried About Nothin'.
Originally posted 2009-08-27 17:38:37. Republished by Blog Post PromoterNoel Sheppard (via Insty) smells a rat: [T]he photo sharing website Flickr removed the Obama Joker picture that was later transformed into posters showing up in cities around the country. At the time, Flickr claimed it had acted on advice of counsel due to legal issues involving copyright […] The post No joke appeared first on LIKELIHOOD OF CONFUSION™.
Lawyers for The Walt Disney Co. urged a California federal judge Friday to throw out an animator and writer's lawsuit alleging the company stole his ideas for the hit movie "Moana," saying there's not a single piece of evidence meriting a jury trial.
Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. Many of our clients have a history of trying to protect their brand and products through various tactics, including the Amazon Brand Registry , threat letters, alleging infringement, and monitoring.
An online hemp retailer has narrowed a North Carolina farm's lawsuit alleging the retailer doctored its THC reports before listing the farm's products for sale online, with a state Business Court judge finding they aren't competitors and the farm otherwise failed to show the retailer tried to pass off the hemp producer's products as its own.
In the first half of 2024, Bogota captured 96.9% of the capital raised in Colombia, according to the Bogota Capital Raising Report. Despite having fewer investment rounds, the capital achieved 93% of the total raised in 2023, evidencing a greater maturity of the market with high investment tickets. The fintech sector led with US$405.4 million, with startups such as Nu Colombia and Simetrik standing out.
Sen. Elizabeth Warren, D-Mass., has chided defense contractors for seeking to "sabotage" efforts to require them to cough up parts and data allowing the U.S. Department of Defense to repair its own equipment, while urging the DOD to take action on related restrictions.
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