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Erik M. Pelton & Associates (EMP&A) is a boutique firm focusing on intellectual property protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters. We are seeking a law student for a paid IP/Trademark internship ($25/hr) from May 2025 to August 2025 (dates are flexible, minimum 10 weeks is required).
A judge has ruled against Ross Intelligence, an AI company, in their case against Thomson Reuters. It's the first major AI fair use decision. The post Judge Rules Against Fair Use Defense for AI Company appeared first on Plagiarism Today.
The following is an edited transcript of my video What is a TTAB Discovery Conference? If you get involved in a dispute at the USPTO’s Trademark Trial and Appeal Board (TTAB), one of the steps early on in the process of an opposition or a cancellation proceeding is the Discovery Conference. Discovery Conference is required by the board as part of the procedures of the case.
Site-blocking is controversial and has been right from the beginning. The idea that powerful companies could gain authority from the courts to interfere in residential access to the internet, was initially dismissed as insane. In time, those who protested the loudest were the ones dismissed as deluded. Their warnings, that handing internet blocking powers to rightsholders would eventually end in disaster, were subsequently dismissed by governments and national courts all around Europe.
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 story is every inventor's nightmare: A small innovative company develops a breakthrough technology. A much larger company takes notice. Shortly thereafter, it launches a suspiciously similar product. I understand this story well,because I lived it as General Counsel of SilcoTek, a small technology company.
Ozzy Osbourne sued over social media posts, US Copyright Office holds inquiry about PROs and VPN providers try to duck French blocking order. The post 3 Count: VPN Trust appeared first on Plagiarism Today.
A domestic industry may never be too small so long as the commercial product is 100% American-made according to the latest Federal Circuit opinion. In Wuhan Healthgen Biotech v. ITC, the Federal Circuit affirmed the Commissions conclusion that a patentee satisfied the economic prong of the domestic industry requirement by showing that 100% of the manufacturing occurred in the United States even though the actual investments were small.
A domestic industry may never be too small so long as the commercial product is 100% American-made according to the latest Federal Circuit opinion. In Wuhan Healthgen Biotech v. ITC, the Federal Circuit affirmed the Commissions conclusion that a patentee satisfied the economic prong of the domestic industry requirement by showing that 100% of the manufacturing occurred in the United States even though the actual investments were small.
Image from Copilot As covered in a guest post by KatFriends Monica Thornell and Jonathan Coote last year [here] , the estates of two bandmates of Jimi Hendrix (bassist Noel Redding and drummer Mitch Mitchell) are suing Sony Music Entertainment UK Ltd (Sony) for infringement of their copyright and performers rights. Sony tried to dispute jurisdiction in early 2022, but that failed.
The Unified Patent Court (UPC) recently issued its first decision, in case UPC_CFI_239/2023, addressing infringement by equivalence. The patent in suit (EP2137782) was determined not to be infringed by the literal scope of the granted claims. The UPC, therefore, applied a new four-step test for the assessment of infringement by equivalence. The steps set out below were based on the case law in various national jurisdictions, but do not appear to be identical to any national approach.
Artificial intelligence is everywhere today. It almost seems as if there’s no problem it can’t solve. While a breakthrough use case for the public at large has yet to emerge, many companies and governments are incorporating AI into their workflow. That ranges from automating customer responses to gathering national intelligence. It’s no surprise that copyright holders are experimenting with AI as well.
In this episode, Rusty Close and Austin Padgett discuss what happens when a trademark becomes so common and descriptive that it reaches the point of being generic. They explore how trademark owners can protect their trademarks from this heinous crime by actively enforcing their rights and educating the public on the proper use of their trademarks. No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual.
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.
The scope of protection of short marks is often considered to be narrower than for longer marks. Consumers are deemed to remember short signs more easily and perceive differences more readily. This is why a difference in one letter can be sufficient to exclude a likelihood of confusion. However, simply changing one letter of a short mark may not be a free pass, as a recent decision of the German Patent Court involving the trade marks GTI and GTA shows.
[A surprising ruling from Judge Bibas (sitting as a district court judge by designation) in the Thompson Reuters v. Ross case, because he reverses himself on numerous points (all in favor of the copyright owner). I sent the following comments to a reporter.] I have multiple problems with the ruling: 1) I disagree that individual headnotes each can be copyrightable.
The Fourth Circuit recently vacated and remanded a finding that the term MOKE is generic for certain low-speed, open-air vehicles. This case originated in the Trademark Trial and Appeal Board (TTAB) where Moke America LLC filed a notice of opposition against Moke International and Moke USAs application to federally register the mark MOKE for vehicles in the USPTO, based on priority and likelihood of confusion.
Since 2007, CCC has partnered with Outsell, Inc. , provider of must-have intelligence to data, information, and analytics businesses worldwide, to conduct independent research and analysis into content consumption in the workplace by professionals across industries. The following is an excerpt from the ebook, 2025 Copyrighted Content Usage Trends, which draws on data from the 2025 Information Seeking and Usage Study to offer insights into how employees think about, use, and share copyrighted con
Trudell Medical International Inc. v. D R Burton Healthcare, LLC, Appeal Nos. 2023-1777, -1779 (Fed. Cir. Feb. 7, 2025) This weeks Case of the Week presents a cautionary tale for litigators to be sure theyve timely complied with Fed. R. Civ. P. 26(a)(2) by the conclusion of discovery. In a precedential opinion, the Federal Circuit found that the district court erred by admitting late-disclosed non-infringement testimony for appellee D R Burton.
Every now and then, The IPKat team welcomes new contributors, says thanks and goodbye to existing contributors, and shares some news concerning the Kats. Lets find out more! GuestKat and InternKat The IPKat is delighted to welcome the following as new GuestKat and InternKat for the next six months. Oliver Fairhurst (GuestKat) Oliver is a partner at Lewis Silkin's Intellectual Property team, supporting clients on IP disputes and other IP advisory work.
On February 4, 2025, HyClone Laboratories, LLC (HyClone), a cell culture media supplier, filed a Motion to Quash a subpoena issued by Amgen, Inc. (Amgen). The underlying subpoena was issued in Amgens ongoing denosumab BPCIA litigation against Fresenius Kabi USA, LLC and its affiliates (Fresenius) in the District Court for the Northern District of Illinois, to which HyClone is a nonparty.
Introduction The Union Budget 2025 made major changes to the income tax structure under the new tax regime. One critical aspect of the changes is that no taxes will be imposed on income of up to Rs. 12 lakh with enhanced rebates. While the major thrust of these changes is to simplify income tax compliance for citizens and allow the individuals to make the shift to the new tax regime, this article carries an analysis of the new tax slab structure, the compared tax rates, and the benefits accrued
This post is part of MoFos 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences. Stay tuned for expert insights regarding the impact of AI on intellectual property, licensing, contracts, regulatory policy, enforcement, privacy, and venture markets in life sciences.
Tech startup ROSS Intelligence used copyrighted material from Thomson Reuters' Westlaw database to create its own AI legal research tool, a Delaware federal judge ruled Tuesday, finding that ROSS infringed more than 2,200 headnotes to make its product.
During their annual In-House Counsel Seminar, Ward and Smith Certified AI Governance Professional and privacy and data security attorney Angela Doughty provided a comprehensive overview of the potential impacts of the use of Artificial Intelligence (AI) to give in-house attorneys an edge on this transformative technology. By: Ward and Smith, P.A.
Black History Month 2025 offers an opportunity to reflect on individuals who have profoundly shaped cultural narratives through their work. Among those who stand out is Jordan Peele, a filmmaker […] The post Black History Month 2025: Honoring Film Trailblazer Jordan Peele appeared first on Copyright Alliance.
This months cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder that the discovery rule can trigger the clock on the statute of limitations even on suspicion of trade secret misappropriation.
A Connecticut federal judge has approved the dismissal of a trademark lawsuit brought by a professional women's hockey player against two retired teammates over the name of their podcast, "Moms Who Puck," about two weeks after the parties agreed to end the litigation.
The Court of Justice of the European Union ("CJEU") has issued a ruling on the joint liability of suppliers and producers in the context of product liability, with notable implications for the use and impact of trademarks in such cases.
Logan Paul's company told a New York federal judge it won't object to Lionel Messi's absence in an upcoming settlement conference in a trademark dispute due to the soccer legend's unavailability, after Messi's counsel claimed Monday the demand for the athlete's attendance appears to be designed "solely to harass" him.
Appellate courts issued a variety of notable intellectual property (IP) cases in 2024, including cases touching on Orange Book listings, extraterritoriality, willful infringement, design patent obviousness, and public disclosure, just to name a few. While it would be impossible to cover them all, below are some of the cases we found the most interesting over the past year.
Teva Pharmaceuticals has urged a Delaware federal judge to reject GlaxoSmithKline's request to enhance a $235 million infringement award over a skinny label version of GSK's cardiovascular drug Coreg, saying judges at all levels of courts made clear the case wasn't open and shut.
This chart summarizes the case name, drug, patents-in-suit, and publicly available terms for reported settlements in federal district court cases that are filed pursuant to the Hatch-Waxman Act.
A maker of electric outlet covers has told the U.S. Supreme Court that a jurisdictional victory it scored last year at the Federal Circuit over patent infringement allegations initially brought through Amazon's patent evaluation program was "unremarkable" and should not be considered further.
Wisconsin cornerbackNyzier Fourqureanwas granted a preliminary injunction on Thursday that would allow him to maintain his college eligibility and continue playing for theWisconsin Badgersthis fall.
A California federal judge on Tuesday agreed to permanently dismiss Medtronic's long-running dispute accusing Axonics of infringing its patents related to its bladder and bowel control device, three months after Medtronic sought a new trial in the case following a verdict where a federal jury found no infringement by Axonics.
On January 27, 2025, the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) has jurisdiction over IPRs concerning expired patents. See Apple Inc. v. Gesture Tech. Partners, LLC, 2025 WL 299939, *2 (Fed. Cir. Jan. 27, 2025). By: Rothwell, Figg, Ernst & Manbeck, P.C.
A Delaware federal judge properly invalidated a patent covering Novartis Pharmaceuticals' blockbuster cardiovascular drug Entresto for lacking written description, and a panel should never have overridden him, MSN Pharmaceuticals told the full Federal Circuit seeing a rehearing.
In lean, there is a lot of talk about “learning to see,” with the goal of better understanding the shop floor. This is, of course, important. However, another important aspect is listening, both on the shop floor and elsewhere. This blog post goes deeper into why and how to listen to the shop floor, or.
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