Erik K Pelton
OCTOBER 10, 2024
Trademark scams take all forms, unfortunately. They come by snail mail, by email, by telephone, and via websites. Here are some tips to help avoid these scams. Phone Calls: USPTO will never ask for money over the phone. And if an attorney filed your application, USPTO should never call you directly. Be careful of spoofed phone numbers. Tip: Ask to call them back at their directly line.
Plagiarism Today
OCTOBER 10, 2024
The modern history of plagiarism is dominated by the evolution of tech. However, there was one particularly dark time that's making a return. The post The Dark Ages of Academic Plagiarism appeared first on Plagiarism Today.
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TorrentFreak
OCTOBER 10, 2024
In late 2022, several of the world’s largest music companies including Warner Bros. and Sony Music prevailed in their lawsuit against Internet provider Grande Communications. The record labels accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.
Plagiarism Today
OCTOBER 10, 2024
Universal Music Group sues Chilis over social media posts, Barry White estate sues over 40-year-old song and Nelly lawsuit creates tension. The post 3 Count: Baby Back Lawsuit appeared first on Plagiarism Today.
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?
Copyright Alliance
OCTOBER 10, 2024
The 2024-2025 National High School Policy Debate Topic is: Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. […] The post How Strong Copyright Laws Empower Local Communities appeared first on Copyright Alliance.
IP and Legal Filings
OCTOBER 10, 2024
Judicial Immunity Policy in the United States Judicial immunity is a common concept, based on judicial decisions. It arose in the courts of ancient Europe to prevent people from attacking a court decision by filing a lawsuit against a judge. The defeated parties had to instead take their complaints to the appellate court. The idea of protecting judges from citizens’ money was based on this basic teaching and worked to strengthen the independence of the judiciary.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
OCTOBER 10, 2024
Non-compete agreements can be an effective method for protecting confidential and proprietary business information. However, over the past several years, it seems that non-compete agreements have been falling out of favor. After the Federal Trade Commission (FTC) recently came too close for comfort with its attempt to ban non-compete agreements, and with the National Labor Relations Board (NLRB) doubling down on its own anti-non-compete positions on October 7, 2024, employers would be wise to.
IP Watchdog
OCTOBER 10, 2024
The recently-formed Inventors Defense Alliance (IDA) sent a letter yesterday to the Committee on Rules of Practice and Procedure in the Administrative Office of the United States Courts urging it not to heed the call of a letter sent to the Committee last week by 124 large companies to implement a uniform process on disclosure of third-party litigation financing (TPLF) sources.
JD Supra Law
OCTOBER 10, 2024
The Servier case: The game isn’t over yet - The European Court of Justice recently issued seven judgments in the landmark "Servier" case, confirming the anticompetitive nature of "pay-for-delay" agreements between originator and generic companies. However, the case is not fully resolved, as part of it was referred back to the General Court. This decision underscores the strict scrutiny of anticompetitive practices in the pharmaceutical industry and its impact on market strategies.
IP Watchdog
OCTOBER 10, 2024
The ongoing debate over the nearly two-decades long battle to restore injunctive relief to prevailing patent owners is no doubt a vigorous one. Two different camps within the pro-strong-patent rights community have emerged. One camp consists of those backed by and/or supporting corporate innovators. The other camp consists of those supporting small, independent innovators.
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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
OCTOBER 10, 2024
The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act have different elements and wider array of damages for the same claims asserted under the Patent Act, which may give rise to an increase in such claims.
IP Law 360
OCTOBER 10, 2024
A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
JD Supra Law
OCTOBER 10, 2024
Brand owners in China continue to grapple with recurring problems of trademark squatting, hijacking, and infringement. Some malicious trademark agencies employ complex strategies to assist individuals or entities acting in bad faith to exploit the reputation and goodwill of established brands. Seeking to profit at the expense of brand owners, these bad actors engage in bad faith filings and instances of coercion, subterfuge, and abuse of the corporate form.
IP Law 360
OCTOBER 10, 2024
A Federal Circuit panel struggled Thursday to work out whether published patent applications meet the requirements to serve as prior art, in order to evaluate whether the Patent Trial and Appeal Board rightfully invalidated claims of a Lynk Labs LED patent.
JD Supra Law
OCTOBER 10, 2024
With the release of OpenAI’s ChatGPT in 2022 and the proliferation of competing large language models, the demand for Generative AI use cases has skyrocketed and, with it, the demand for processing power and computer chips powerful enough to develop and operate AI models.
IP Law 360
OCTOBER 10, 2024
OpenAI asked a California federal judge to toss Elon Musk's claims that the artificial intelligence venture and its top brass engaged in fraud by deciding to make OpenAI a for-profit company, claiming Musk "has been trying to leverage the judicial system for an edge" since launching a competing AI company.
JD Supra Law
OCTOBER 10, 2024
Understanding the definition of a trade secret under federal law is crucial for businesses looking to protect their valuable information. Trade secrets are also defined by state law. While there is no single, universal definition of a trade secret across all states, most states have enacted a version of the Uniform Trade Secrets Act (UTSA), which serves as a model for state statutes.
IP Law 360
OCTOBER 10, 2024
Western Digital's My Book and Ultrastar storage devices infringe features in Spex Technologies' data security patent, including hardware encryption and a means of allowing a host computer to request and receive information from the device once it's plugged in, an expert witness testified during the infringement trial Thursday in California federal court.
JD Supra Law
OCTOBER 10, 2024
Provisur Technologies, Inc. v. Weber, Inc., et al., No. 2023-1438 (Fed. Cir. (W.D. Mo.) Oct. 2, 2024). Opinion by Moore, joined by Taranto and Cecchi (sitting by designation).
IP Law 360
OCTOBER 10, 2024
A Massachusetts federal judge has allowed most counterclaims from business software company Appian Corp. to proceed against rival Pegasystems Inc., which accused its competitor in a lawsuit of making deliberately malicious statements and representations regarding a trade secret case the parties are litigating in Virginia.
JD Supra Law
OCTOBER 10, 2024
Precedential and Key Federal Circuit Opinions - PROVISUR TECHNOLOGIES, INC. v. WEBER, INC. [OPINION] (23-1438, 10/2/24) (Moore, Taranto, Cecchi) - Moore, J. The Court reversed the denial of judgment as a matter of law of noninfringement and willfulness and also reversed the denial of a new trial on damages.
IP Law 360
OCTOBER 10, 2024
The Federal Circuit on Thursday threw out a Nevada federal court's finding that Salesforce didn't infringe claims in a pair of patents for database software reprogramming and that the claims weren't valid to begin with, saying key language in the patents has to be looked at differently.
JD Supra Law
OCTOBER 10, 2024
On Oct. 1, 2024, the U.S. Patent and Trademark Office (USPTO) issued a final rule governing Director Review of Patent Trial and Appeal Board (PTAB) decisions in contested proceedings brought under the America Invents Act (AIA), Rules Governing Director Review of Patent Trial and Appeal Board Decisions, effective Oct. 31, 2024, as 37 C.F.R. § 42.75. 89 Fed.
IP Law 360
OCTOBER 10, 2024
The Fifth Circuit has concluded that a Texas federal court correctly upheld a jury verdict finding internet service provider Grande Communications Networks LLC is liable for the willful contributory copyright infringement of 1,403 songs from several record labels but ordered that the nearly $47 million in damages be recalculated.
JD Supra Law
OCTOBER 10, 2024
The Patent Trial and Appeal Board (PTAB) in an inter partes review: Keysight Technologies, Inc. and Palo Alto Networks, Inc. v. Centripetal Networks, LLC found a rule set file used by a network security program to be a “printed publication” under § 102(b). This determination played a role in the PTAB’s conclusion that certain claims of U.S. Patent No. 10,567,343 (the ‘343 Patent) were unpatentable.
IP Law 360
OCTOBER 10, 2024
A Houston hip-hop artist has accused his longtime business partner of engaging in a scheme to steal his music production company's funds before ousting him from the business, according to a complaint filed in Texas federal court on Thursday.
The TTABlog
OCTOBER 10, 2024
Here [ pdf ] for your reading pleasure is the article/outline that I provided in connection with my presentation yesterday at the All Ohio Annual Institute on Intellectual Property (AOAIOIP). It summarizes the "Decisions of the Federal Courts and the Trademark Trial and Appeal Board on Registrability Issues July 2023 to August 2024." Enjoy! Read comments and post your comment here.
IP Law 360
OCTOBER 10, 2024
Nike has pushed back on a report finding that its behavior toward a Pennsylvania apparel company during a trademark dispute was severe enough to support ordering Nike to pay attorney fees, with the smaller company saying it is owed about $6.75 million in fees.
CoCal IP Law Institute
OCTOBER 10, 2024
Please join us Monday, October 14, 2024, at noon, where we will discuss how a panel of judges for the Second Circuit ruled that purchasing a competitor's trademark as a keyword, without also establishing a likelihood of confusion, does not necessarily amount to trademark infringement, in the 1-800 Contacts case that was newly decided this [.
IP Law 360
OCTOBER 10, 2024
A trial lawyer who spent years litigating sexual abuse cases against the Boy Scouts is suing Netflix Inc. for copyright infringement after the streaming giant came out with a documentary on the abuse just nine months after his film premiered.
Intepat
OCTOBER 10, 2024
Introduction Patent trolls are entities that do not actively develop their inventions but instead acquire patent rights for obvious inventions to prevent others from working on them or to collect licensing fees. They exploit legal loopholes to generate revenue without ever producing the patented invention, often by threatening lawsuits against other entities that independently develop similar inventions.
IP Law 360
OCTOBER 10, 2024
The integration of artificial intelligence into patent drafting represents a significant change in how legal work is performed, and patent attorneys must shift from manual drafting to a strategy-oriented approach, says Ian Schick at Draft Builders.
Hugh Stephens Blog
OCTOBER 10, 2024
Image: Shutterstock I am a lifelong non-smoker, although this is more by luck than design. When the other kids were lighting up behind the school, I joined them.
IP Law 360
OCTOBER 10, 2024
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
Olartemoure Blog
OCTOBER 10, 2024
On World Mental Health Day, we recognize that mental health is crucial to our overall well-being, especially in the workplace. It impacts not just individuals, but entire teams and communities. Challenges like stress and anxiety deserve our attention. Here are five practical tips you don’t want to miss that will help you nurture your mental health. 1 Take a wider view According to Andrew Huberman, a neuroscientist and professor at Stanford , panoramic vision has a great impact in reducing stress
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