Plagiarism Today

MAY 9, 2024

Artists sue Nvidia and Databricks over AI training, Nintendo targets more Switch emulators and one major AI case to move forward. The post 3 Count: AI Dogpile appeared first on Plagiarism Today.

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Plagiarism Copyright 253

IP Watchdog

MAY 9, 2024

If you have done a search for just about anything using Google, you have no doubt at one time or another stumbled across Reddit, the self-described “home to thousands of communities, endless conversation, and authentic human connection.” Regardless of what you are interested in, there is a community and conversation to be found on Reddit. For those familiar with Reddit and the breadth of topics covered it probably comes as no real surprise that there is a patent examiner Reddit, which has some 4

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Plagiarism Today

MAY 9, 2024

Another year, another Eurovision plagiarism allegation. The annual show has a long history of plagiarism controversies, here's why. The post Eurovision’s Bizarre Plagiarism History appeared first on Plagiarism Today.

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IP Watchdog

MAY 9, 2024

The U.S. Patent and Trademark Office (USPTO) will officially publish a Notice of Proposed Rulemaking (NPRM) tomorrow that would change terminal disclaimer practice related to “non-statutory double patenting.” The judicially-created doctrine of “obviousness-type double patenting”(ODP) has become codified by the USPTO such that the Office will reject claims to more than one patent that vary in only minor ways from one another unless there is a promise by the patentee “not to extend the patent excl

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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?

Technology

Cogency Global

MAY 9, 2024

What this is : In the world of nonprofit corporations, much of the focus is on charitable organizations. These types of nonprofit organizations come up with many recurring questions, especially as they relate to fundraising and state charitable solicitation registration requirements nationwide. What this means : To help address some common areas of confusion, we’ve shared the top 10 nonprofit compliance questions regarding fundraising that we field the most.

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Registration 101

IP Watchdog

MAY 9, 2024

The U.S. Supreme Court today issued its decision 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 ruled 6-3 that “the Copyright Act entitles a copyright owner to recover damages for any timely claim,” with no limit preventing recovery for infringement that happened beyond three years.

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IP Law 360

MAY 9, 2024

About 14,000 trademark applicants have been notified by the U.S. Patent and Trademark Office that some of their personal information had accidentally been released publicly, with the agency saying it happened over an eight-month period.

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IP Intelligence

MAY 9, 2024

The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC [1] highlights the strategic and technical aspects involved in registering a color trademark as applied to a product. Color marks are considered inherently nondistinctive for the purpose of eligibility for federal trademark registration.

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IP Law 360

MAY 9, 2024

An Illinois federal judge handling antitrust claims targeting the credit-scoring market should disregard the "sideshows" customers lodged by requesting confidential settlement records and other documents that are too far removed from the case's core issues, Fair Isaac Corp. argued on Wednesday.

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Likelihood of Confusion

MAY 9, 2024

Originally posted on April 28, 2016. John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that Preston’s proof of acquired distinctiveness under Section 2(f) was inadequate. In re National Presto Industries, Inc., Serial No. 85883551 […] The post Wrong skillset for trademark registration (Best of 2016) appeared first on LIKELIHOOD OF

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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.

Patent

Patently-O

MAY 9, 2024

By Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. Nealy , No. 22-1078, 601 U.S. (2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. In a 6-3 decision authored by Justice Kagan, the Court affirmed the Eleventh Circuit’s ruling, permitting recovery of damages for acts that occurred more than three years before the filing of the lawsuit under the “discovery accrual ru

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TorrentFreak

MAY 9, 2024

The Entertainment Software Association ( ESA ) protects the rights of several of the largest game companies in the world. With promiment members, including EA, Disney Interactive, Epic Games, Nintendo, Take-Two, Ubisoft, and others, it is a force to be reckoned with. In addition to sending millions of takedown requests on behalf of its members, ESA also attempts to target pirate sites directly.

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Copying Reporting IP Copyright 91

JD Supra Law

MAY 9, 2024

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation imposes a nationwide and retroactive ban on non-compete clauses and also requires employers to notify their current and former employees to tell them that existing non-compete agreements are no longer effective.

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IP Watchdog

MAY 9, 2024

On May 8, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling in Zircon Corp. v. International Trade Commission affirming the U.S. International Trade Commission’s (ITC) ruling that Zircon Corp. had failed to meet the domestic industry requirement to prove a violation of 19 U.S.C. § 1337 due to Stanley Black & Decker’s alleged patent infringement.

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Patent Patent Infringement Technology Litigation 59

JD Supra Law

MAY 9, 2024

In this episode of Trending Now - An IP Podcast, Tom Bergert and Clint Brannon discuss considerations for AI patent applicants and investors in light of emerging AI state and federal regulatory laws.

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IP Law Patent Application Patent 78

IP Law 360

MAY 9, 2024

The U.S. Supreme Court concluded Thursday that plaintiffs in copyright ownership disputes can recover damages beyond the three-year statute of limitations for bringing a claim, rejecting Warner Chappell Music's argument that the only time that could happen is in cases involving fraud.

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Copyright Ownership Music 59

JD Supra Law

MAY 9, 2024

Mark your calendars for July 3—the date we will likely learn whether a Texas Court will enjoin the FTC Rule banning non-competes from taking effect on September 4. This week, Judge Ada Brown, the presiding judge in Ryan, LLC v. The Federal Trade Commission, issued a series of Orders that require all briefing on the request to stay/enjoin the FTC Rule to be completed by June 12.

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IIPRD

MAY 9, 2024

Introduction The human mind is a marvel with an astonishing potential to transform ideas into practice and commercialize them in order to accrue benefits. This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator.

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JD Supra Law

MAY 9, 2024

The Federal Circuit considered the relevance of an alleged infringer’s intent in a safe harbor analysis in Edwards Lifesciences Corp. v. Meril Life Scis. Pvt. The District Court had previously granted summary judgment that Meril’s importations of its two heart valves for a presentation at an industry conference were exempt from infringement under the safe harbor.

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IP Law 360

MAY 9, 2024

The Federal Circuit didn't seem convinced Thursday morning that a patent case against online stockbroker TD Ameritrade had been wrongly tossed out of court, with a judge at one point telling banking patent owner Island Intellectual Property that "this is all abstract.

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Intellectual Property IP Patent 52

JD Supra Law

MAY 9, 2024

In 2023, a lawsuit that had wound its way through the judicial system for nearly 10 years finally had its day in the U.S. Supreme Court – and made waves in the biotechnology, chemical and pharmaceutical communities. Our attorneys dissect the closely watched decision and how it impacts clients.

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IP Law 360

MAY 9, 2024

Job searching platform Tarta.ai has urged a California federal judge to toss a suit accusing it of stealing rival Jobiak LLC's automated database and using it for its own job postings, arguing that Jobiak's website is not subject to copyright protection because it's powered by artificial intelligence.

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Copyright 52

JD Supra Law

MAY 9, 2024

On April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published new guidance on the use of artificial intelligence (AI) based tools in connection with preparing and prosecuting patent and trademark applications, and other filings before the USPTO. The guidance covers how use of AI interacts with patent and trademark practitioners’ duties and obligations before the USPTO in various contexts.

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IP Law 360

MAY 9, 2024

The Federal Circuit on Thursday rejected Astellas Pharma's latest effort to stop the launch of generic drugs that would compete with its own blockbuster overactive bladder medication and lifted a temporary ban that was put in place by the appeals court in April.

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JD Supra Law

MAY 9, 2024

Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of the registration and show where a seller is using it without permission.

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Copying Registration Trademark Copyright 61

IP Law 360

MAY 9, 2024

A Wisconsin business and a Hong Kong furniture maker are looking to end their long-winding patent and trade dress dispute over cup holders, years after a jury handed the Badger State company a $100 million award that was later significantly reduced by the court.

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JD Supra Law

MAY 9, 2024

Issuing a revised opinion following the Supreme Court’s 2023 decision in Abitron Austria GmbH v. Hetronic Int’l, Inc., the US Court of Appeals for the Tenth Circuit determined that none of the defendant’s purely foreign sales to foreign customers can premise liability for the plaintiff’s Lanham Act claims and that any permanent injunction issued against the defendant cannot extend beyond qualifying domestic conduct.

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IP Law 360

MAY 9, 2024

A Delaware federal judge on Thursday rejected Gilead Sciences' request to amend her judgment finding that two medications in its HIV prevention regimen, Truvada and Descovy, directly infringed the government's invalidated patents, but clarified her judgment to say that non-party patients or physicians committed the infringement.

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JD Supra Law

MAY 9, 2024

Addressing the issue of whether to discretionally deny a petition for inter partes review (IPR) under the General Plastics factors when there is no “significant relationship” between the petitioners, the Director of the US Patent & Trademark Office (PTO) vacated the Patent Trial & Appeal Board’s decision denying institution. Videndum Prod. Sol., Inc. v.

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Trademark Patent 61

IP Law 360

MAY 9, 2024

A Seattle federal judge agreed Thursday that Nintendo could pause an intellectual property suit against it while it seeks to challenge the validity of the patents at issue, saying the plaintiff could not now complain about delays since it took them six years to file their complaint.

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JD Supra Law

MAY 9, 2024

To date, the Unified Patent Court (UPC) has not held a trial involving standard-essential patents (SEPs). However, the new forum’s Mannheim Local Division has now authored its first SEP-specific order in a case between Panasonic and Xiaomi. The decision aligns with SEP precedent set in German courts by underscoring the significance of transparency in the context of SEP licensing negotiations.

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IP Law 360

MAY 9, 2024

The U.S. Supreme Court's majority opinion Thursday that plaintiffs in copyright ownership disputes can recover damages past the three-year statute of limitations could lead to an increase in claims for infringing acts that occurred decades before, while leaving uncertainty about whether the so-called discovery rule that widened the time window for claims even exists, according to attorneys.

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Ownership Copyright 52

JD Supra Law

MAY 9, 2024

Tattoos and copyright law have once again crossed paths, as an Ohio jury recently concluded that the creators of the NBA 2K series had an implied license to use an artist’s designs that he tattooed on LeBron James. Even before reaching the jury, however, the artist may have doomed his case simply by not properly registering the copyrights in his tattoo designs.

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IP Law 360

MAY 9, 2024

Lynk Labs Inc. has asked the Federal Circuit to throw out a brief from the High Tech Inventors Alliance in support of Samsung in a case where the tech giant won a Patent Trial and Appeal Board challenge to a Lynk Labs LED patent.

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JD Supra Law

MAY 9, 2024

LKQ Corporation, Keystone Automotive v. GM Global Technology Operations LLC - As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. (collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co.

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