Plagiarism Today
SEPTEMBER 10, 2024
The Internet Archive's defeat is a blow to the organization So why did it lose? Who is to blame? The answer is very simple. The post Why the Internet Archive Lost appeared first on Plagiarism Today.
Erik K Pelton
SEPTEMBER 10, 2024
There are an infinite number of reasons for an attorney to help you with your brand protection. Erik shares his top 25 in this episode. The post 25 Reasons to Use a Trademark Attorney appeared first on Erik M Pelton & Associates, PLLC. There are an infinite number of reasons for an attorney to help you with your brand protection. Erik shares his top 25 in this episode.
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IP Watchdog
SEPTEMBER 10, 2024
On IPWatchdog Unleashed this week, we had a wide ranging conversation on patent strategy, including working with patent examiners—for example, what to do when you are assigned to a difficult patent examiner with a low allowance rate—the importance of interviews, tips for getting past 112 rejections, and how outside counsel can build solid, working relationships with in-house counsel, and much more.
Erik K Pelton
SEPTEMBER 10, 2024
The following is an edited transcript of Chapter 11 of my book video Building a Bold Brand: Responding to Office Action Refusals Once a trademark application has been filed, it generally takes the USPTO approximately four months to complete its initial review. The review that takes place at that time is the first substantive step in the application process.
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?
IP Law 360
SEPTEMBER 10, 2024
T-Mobile failed Tuesday to undercut a Fourth Circuit decision that revived a Virginia-based cellphone company's infringement claims over the phrase "Simply Prepaid," with a panel of judges declining to grant the telecommunications giant's request for a second look.
TorrentFreak
SEPTEMBER 10, 2024
In an article published yesterday , we featured the Motion Picture Association’s submission to the European Commission (EC) for its next Counterfeit and Piracy Watch List. While still calling out familiar targets, such as torrent sites, streaming portals, and piracy apps, the MPA clearly wants to draw attention to the role of third-party intermediaries in the piracy ecosystem.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP and Legal Filings
SEPTEMBER 10, 2024
Introduction A trademark is a symbol that differentiates one’s brand from another. A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. The main objective of getting a mark registered is to distinguish it from other similar goods & services. A company/any person who can secure ownership over products and services, benefits not only the domestic income but also increases the recognition in the international market.
TorrentFreak
SEPTEMBER 10, 2024
In recent years, music and movie companies have filed several lawsuits against U.S. Internet providers based on allegations that they failed to take action against pirating subscribers. One of the main arguments is that the DMCA requires providers to terminate the accounts of repeat infringers in ‘appropriate circumstances’. These lawsuits have resulted in multi-million dollar windfalls in favor of rightsholders.
JD Supra Law
SEPTEMBER 10, 2024
What if the key to unlocking true autonomy and advancing artificial intelligence lies in the development of more efficient and intelligent visual sensors? On today's episode of Founder Shares, Charbel Rizk, the visionary founder and CEO of Oculi, discusses the need for a shift towards advanced visual sensors over traditional motion sensors, and shares their potential to revolutionize automation and AI capabilities.
Likelihood of Confusion
SEPTEMBER 10, 2024
Originally posted 2012-03-30 14:37:51. Republished by Blog Post PromoterThe Second Circuit, just yesterday (March 29, 2012) has issued an opinion called Louis Vuitton v. Ly USA, Inc. (08-4483-cv(L)) sure to bring joy to the hearts of trademark counterfeiting enforcers everywhere. This was one of those major counterfeiting-ring busts, and there have been lawyers and federal marshals scuttling about […] The post Fees, won’t you stay appeared first on LIKELIHOOD OF CONFUSION™.
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.
JD Supra Law
SEPTEMBER 10, 2024
Be careful when you sell intellectual property (“IP”) in return for future royalty payments. You may think your contract is airtight, guaranteeing you a future annuity on the sales of product relating to your IP, but that might not be the case if your buyer files for bankruptcy.
Copyright Alliance
SEPTEMBER 10, 2024
The Copyright Alliance team had the opportunity to speak with storm chaser and videographer Brandon Clement to learn more about his exciting career and the immense amount of copyright infringement […] The post Creator Spotlight with Storm Chaser & Videographer Brandon Clement appeared first on Copyright Alliance.
JD Supra Law
SEPTEMBER 10, 2024
This chart tracks the date, drug, reference-listed company, applicant, and indications of publicly available drug launches resulting from Abbreviated New Drug Applications and 505(b)(2) Applications.
IP Watchdog
SEPTEMBER 10, 2024
Last week, independent inventor Carrie Hafeman filed an opening brief for the appellant at the U.S. Court of Appeals for the Federal Circuit (CAFC) seeking reversal of the Patent Trial and Appeal Board’s (PTAB) invalidation of her device location and theft prevention patent claims. The brief includes Hafeman’s most recent challenge to alleged abuses of Sotera stipulations by Big Tech firms working in concert to invalidate Hafeman’s claims.
JD Supra Law
SEPTEMBER 10, 2024
This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act. It also includes the same information for proceedings before the Patent Trial and Appeal Board concerning Orange Book-listed patents.
IP Law 360
SEPTEMBER 10, 2024
Deckers Outdoor Corp. has dropped its suit in California federal court accusing Costco Wholesale Corp. of infringing a design patent and trade dress for Ugg "Classic Ultra Mini" boots with the retailer's Kirkland-branded footwear.
JD Supra Law
SEPTEMBER 10, 2024
Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional language without specifying the steps of information manipulation are invalid under 35 U.S.C. § 101.
IP Close Up
SEPTEMBER 10, 2024
A three-judge panel of the Court of Appeals has unanimously affirmed a March 2023 lower court decision finding the Internet Archive’s program to scan and Continue reading
JD Supra Law
SEPTEMBER 10, 2024
In the ongoing legal battle of Yellow Rose Productions, Inc. v. Pandora Media, LLC, a group of high-profile comedians, including Lewis Black, George Lopez, and the estates of Robin Williams and George Carlin, has filed a motion for partial summary judgment claiming that Pandora is infringing on their copyrights by streaming over 2,000 comedy routines without the necessary licenses.
IP Law 360
SEPTEMBER 10, 2024
Amazon Technologies could not convince the EU's intellectual property office to let it register trademarks for "halo" unscathed, with the office backing a Californian health technology company's bid to trim key protections for medical monitoring devices and health assessment services.
JD Supra Law
SEPTEMBER 10, 2024
Platinum Optics Tech. Inc. v. Viavi Solutions Inc., 2024 WL 3836107 (Fed. Cir. 2024) - On August 24, 2024, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed an appeal for lack of standing after a failed inter partes review (IPR) challenge by petitioner Platinum Optics Technology Inc. (Platinum Optics). The decision underscores the fact that even if a party has the right to challenge a patent before the PTAB, it might still lack standing to challenge the results of.
IP Law 360
SEPTEMBER 10, 2024
A biologist and photographer sued a Houston-area pest control company in Texas federal court for copyright infringement alleging the company stole his ant picture to promote their services online.
JD Supra Law
SEPTEMBER 10, 2024
In a closely watched case, the 2d Circuit upheld a decision that Internet Archive's book lending practices violated the authors' copyrights and was not protected by the fair use doctrine. But was this decision really just based on the Internet Archive becoming one of the world's largest digital libraries?
IP Law 360
SEPTEMBER 10, 2024
More than 4,000 arts professionals have signed a joint letter urging the government to ensure that artists have control over whether copyrighted works are used for training artifical intelligence, highlighting the "significant challenges" faced by creatives in Britain.
JD Supra Law
SEPTEMBER 10, 2024
Kilpatrick partners Joel Bush and Michele Floyd recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trade Secret Update: 2024 Legal Developments and Trends.” This session provided an overview of some recent trade secret decisions, a preview of consequential decisions expected in 2024, and trade secret best practices.
IP Law 360
SEPTEMBER 10, 2024
India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.
JD Supra Law
SEPTEMBER 10, 2024
Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Intelligence
SEPTEMBER 10, 2024
On September 9, the Court of Appeals for the Federal Circuit reversed a finding by the District Court for the Northern District of California that point-of-view camera claims were ineligible. [1] While this decision did not break new ground on eligibility, it reinforces how patent drafters and owners must cast their claims to demonstrate an improvement to the relevant technology to prove eligibility in step one of the Alice framework.
JD Supra Law
SEPTEMBER 10, 2024
Before Dyk, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: An expert witness can testify from the perspective of a POSITA at the time of the invention even if they did not qualify as a POSITA until later.
IP Law 360
SEPTEMBER 10, 2024
A Chinese car parts manufacturer can keep its European patent for a heat-resistant steel alloy because its combination of elements is sufficiently inventive over previous formulae, an appeals panel has ruled.
JD Supra Law
SEPTEMBER 10, 2024
For a recent article published in Law360, we looked at data from the US Patent and Trademark Office (USPTO) covering both AI and non-AI inventions from 2015 to 2020. Our findings show a stark difference: AI-related inventions were rejected for not being eligible subject matter 45% of the time, compared to just 10% for non-AI inventions.
IP Law 360
SEPTEMBER 10, 2024
A group of Cypriot halloumi producers has lost its attempt to overturn a decision that allowed a Swedish cheesemaker to register its "Grilloumi" and "Grilloumaki" trademarks in the U.K., as a London court ruled the marks are sufficiently different.
JD Supra Law
SEPTEMBER 10, 2024
Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
SEPTEMBER 10, 2024
A group of former University of Michigan football players are seeking more than $50 million in damages through a proposed class action filed Tuesday that alleges a decades-long scheme by the NCAA and Big Ten Network to unlawfully exploit athlete names, images and likenesses for commercial gain.
JD Supra Law
SEPTEMBER 10, 2024
Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s alleged infringement of signal processing patents owned by ParkerVision. Among other things, the panel addressed questions of collateral estoppel that arose from prior proceedings between the parties on similar patents, as well as from co-pending inter partes review (“IPR”).
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