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This week on IPWatchdog Unleashed, we speak with James Edwards, a property rights advocate, lobbyist and now also the author of the forthcoming book To Invent Is Divine: Creativity and Ownership,which addresses the disconnect between the attributes of creativity and ownership and human innovation, technological progress, and practical benefits from human creativity and ownership in combination.
Image by Jorge Franganillo from Pixabay On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of Stephen Thalers application to register A Recent Entrance to Paradise , a purportedly machine-authored work, holding that the Copyright Act of 1976 requires all eligible work to be authored in the first instance by a human being.
Originally posted 2010-11-30 08:00:13. Republished by Blog Post PromoterIn far-off Hong Kong, the Motion Picture Association has created a Boy Scout merit badge on copyright: “Boy Scouts in Hong Kong now can earn merit badges for learning about the wonders of copyright law–at least the version described by the Motion Picture Association,” reports Declan McCullagh. […] The post Good Deed for the Day: Helping Old Producers Cross Agents appeared first on LIKELIHOOD OF CONFUS
In the autumn of 2023, a storm brewed between two tech titans. Nokia, the Finnish telecommunications stalwart, filed lawsuits across four continents, alleging that Amazons streaming servicesPrime Video and Twitchhad woven its patented video technologies into their platforms without permission. The claims centered on innovations Nokia had cultivated over decades: video compression algorithms that shrink file sizes without sacrificing quality, adaptive bitrate systems that adjust streaming.
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?
Admissions for LL.M. in Intellectual Property and Competition Law at Munich Intellectual Property Law Center (MIPLC) are now open! Take a look below at their sponsored post to know more about the benefits of the programme. From Law to Leadership: How the MIPLC LL.M. Transforms Careers in IP and Competition Law If youre reading this, chances are youre already intrigued by the world of intellectual property, data, and competition law, and the ever-shifting terrain of the digital economy.
In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke partners, Austin Padgett and Rusty Close, who host the No Infringement Intended podcast. Together, they explore the intersection of intellectual property (IP) and employment law through the lens of the movie The Social Network. They discuss works made for hire, the impact of the Defend Trade Secrets Act, and the challenges employers of all sizes face in protecting their.
Schedule 1 has become an indie darling, selling millions of copies in just weeks. But it's attracted some unwanted attention. The post The Copyright Blunder Over Schedule 1 appeared first on Plagiarism Today.
Schedule 1 has become an indie darling, selling millions of copies in just weeks. But it's attracted some unwanted attention. The post The Copyright Blunder Over Schedule 1 appeared first on Plagiarism Today.
Need Assessment, Vetting, and Identification of a Reliable Expert in the Digital Forensics Process - Whether your organization is looking for advisory and expert support for an internal investigation into allegations of exfiltration, or outside counsel is preparing a client for pending litigation, specific needs may vary. Digital forensics services for these types of matters can be broad-ranging; from overtly technical (e.g. deep-dive recovery of fragmentary deleted data, intensive review.
AI company gets quick appeal in Reuters case, Tesla can't dodge Blade Runner claims yet and photographer challenges the server rule. The post 3 Count: Embed This appeared first on Plagiarism Today.
On March 24, 2025, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued an opinion affirming a district courts judgement of infringement while vacating and remanding the district courts damages award, finding that there was insufficient evidence to support the damages ascribed to convoyed sales. Wash World Inc. v. Belanger Inc., No. 2023-1841, slip op. at *26 (Fed.
Last weeks firing of the head of the National Security Agency and U.S. Cyber Command, along with his deputies, is one more reason to conclude that the United States is not led by serious people. As the administration waves off the implications of Signalgate and then fires Four-Star General Timothy D. Haugh et al. on […] The post As AI Moves Fast and U.S.
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 Central District of California denied a defendants motion to dismiss or transfer plaintiffs first-filed declaratory judgement action based on defendants later-filed patent infringement suit in Wisconsin. Though suit was seemingly imminent when defendant advised plaintiff it might be infringing defendants patents, plaintiff responded by requesting a licensing agreement in lieu of litigation.
With the continued growth of pirate IPTV services in recent years, TV broadcasters and distributors have been ramping up their anti-piracy efforts. The International Broadcaster Coalition Against Piracy ( IBCAP ) has been particularly active. It’s also the main driver behind a new lawsuit filed yesterday by DISH Network at a Texas federal court.
Current written description jurisprudence can make it difficult to obtain broad antibody patents, leading practitioners to explore alternative claiming strategies in an effort to bypass the limited scope afforded under the structure-function paradigm. Xencor pursued a so-called Jepson claim and argued that the portion of the claim reciting an antibody did not have to satisfy the written description requirement of 35 U.S.C. 112.
Viral DRM is a copyright enforcement agency focused on extreme weather videos. The first time I blogged about them , they brought a SAD Scheme suit that initially resulted in an ex parte TRO. However, the case fell apart on further proceedings when the court reconsidered jurisdiction and joinder. It’s so typical that SAD Scheme cases can’t survive actual scrutiny, unlike the deferential reviews courts apply at the ex parte TRO stage.
In re Forest, Appeal No. 2023-1178 (Fed. Cir. Apr. 3, 2025) In an appeal from a Patent Office decision denying a patent that would have been expired upon issuance, the Federal Circuit dismissed. Applicant Forest had filed a string of patent continuation applications, culminating with a continuation application filed more than 20 years after the original application in the chain, claiming priority to the original application.
Plaintiff Harold Davis has filed a lawsuit against Defendant Fort Wayne Allergy & Asthma Consultants, Inc. (FW Allergy) for alleged copyright inf ringement. Davis claims that FW Allergy violated his exclusive rights under the Copyright Act by using his copyrighted photograph, titled “WASP,” without permission. Davis, an allegedly accomplished artist and photographer recognized for his innovative techniques, created the photograph in 2005, and it was registered with the U.S.
In this episode, Austin Padgett and Rusty Close joined Troutman Pepper Locke partners, Tracey Diamond and Emily Schifter, who host the Hiring to Firing podcast. Together, they explore the intersection of intellectual property (IP) and employment law through the lens of the movie The Social Network. They discuss works made for hire, the impact of the Defend Trade Secrets Act, and the challenges employers of all sizes face in protecting their innovations and the inventions their employees create.
In my last two posts I described the impact of fluctuations on the duration of the work on a continuously moving assembly line. One key tool for reducing fluctuations on Toyota assembly lines is the team leader, the frontline support for operators. Team leaders reduce fluctuations in general by taking over irregular tasks like delivering.
In re Entresto, 125 F.4th 1090 (Fed. Cir. 2025) - After Novartis patent on the blockbuster blood pressure medication Entresto was found invalid at the district court for covering technology that was developed after the patent was filed, the Federal Circuit reversed that decision. The Federal Circuit explained that while the later-arising technology fell within the claims of the patent for purposes of infringement, that does not mean that the patent must provide adequate written support for.
Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd. affirming the District of Delawares ruling that Alkems generic drinkable antibiotic product did not infringe patent claims owned by Azurity Pharmaceuticals. The Federal Circuit found that the plaintiff clearly and unmistakably disclaimed the presence of propylene glycol from flavoring agents claimed in Azuritys patents and that prosecution dis
The USPTO refused to register the word-and-design mark shown below, for "Employment counseling and recruiting; providing career information," absent a disclaimer of the words UNITED STATES COAST GUARD under Section 6(a) of the Trademark Act. Applicant DHS argued that the phrase UNITED STATES COAST GUARD should be considered in the abstract, outside of the context of Applicant's employment and recruiting services, because consumers would "immediately think of the Coast Guards well-known law enfor
Van Hoven PC is seeking patent attorneys or agents (2 years minimum experience) to join its growing patent drafting and prosecution team. This position requires a degree in Electrical Engineering, Computer Engineering, Computer Science, or Physics. The position is remote and available nationwide, although candidates in the San Francisco/Silicon Valley or Detroit metros can have significant in-person interaction with firm partners.
Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.
UFC has urged a Nevada federal court not to certify a class of fighters in the second antitrust lawsuit it is facing over allegedly suppressed wages, saying the class is legally defective because the plaintiffs who filed the lawsuit cannot represent the group of fighters.
More than a year after its official debut in February 2024, Italy’s controversial Piracy Shield blocking system is yet to deliver on the key predictions justifying its launch. Claims of piracy’s total elimination quickly evaporated, taking predictions of major economic benefits down with them. The pirate sites causing the issues are now rarely mentioned by the authorities.
Over the last several years, the Federal Circuit has increasingly scrutinized patent litigants reliance on comparable licenses as a means for calculating a reasonable royalty, including whether the license needs to be apportioned to account for the value of the patented technology. By: Baker Botts L.L.P.
YouTuber Mr. Beast's media company has hauled a former IT contractor into North Carolina federal court, accusing him of downloading thousands of confidential company documents ahead of his termination documents the company said have yet to be returned and leaving behind hidden cameras throughout the company's offices.
In the wake of recent mass layoffs at the U.S. Food and Drug Administration (FDA), the FDA is likely to have fewer resources to manage its regulatory responsibilities. One area that may be significantly impacted by such workforce reduction is the FDAs review of Freedom of Information Act (FOIA) requests.
Jazz Pharmaceuticals has agreed to pay $145 million to resolve antitrust litigation accusing it of working with its rival Hikma Pharmaceuticals to stave off generic competitors to Jazz's narcolepsy drug Xyrem, the Ireland-based pharmaceutical company revealed Tuesday.
On April 3, 2025, GlaxoSmithKline (GSK) and Pfizer filed a stipulation to dismiss with prejudice GSKs litigation in the United States District Court for the District of Delaware.
A California federal judge indicated Tuesday that he's unlikely to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to benefit startups in China, but said he "can't shake the feeling" that prosecutors wouldn't have brought the case if it involved a different country.
On March 10, John Squires was officially nominated to be Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
At least eight banks and financial institutions were caught up in a wave of patent lawsuits filed Tuesday in the Eastern District of Texas over technology covering a way of securing payment systems from data breaches.
The United States Supreme Court issued a unanimous decision in Dewberry Engineers Inc. v. Dewberry Group, Inc. on Feb. 26, 2025, clarifying the scope of damages available under the Lanham Act in trademark infringement cases. The Court held that nonparty affiliates profits should not be used to calculate a defendants profit for damages purposes.
Warner Bros. has objected to the proposed Chapter 11 bidding procedures and debtor-in-possession financing of bankrupt Village Roadshow, asking the court to protect its rights to more than 90 films the parties co-produced and keep its cut of the proceeds ahead of other creditors.
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