JD Supra Law
DECEMBER 8, 2023
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small servings of technical contract insights expertly prepared by our seasoned attorneys. This month, we're dishing up tips on intellectual property considerations for NFTs.
The Illusion of More
DECEMBER 8, 2023
In my last post, I focused on the hypothetical fair use defense of generative AI under the principles articulated in the Google Books decision of 2014. In this post, I want to address another claim that has arisen—both on social media, and in comments to the Copyright Office—namely that generative AI companies should be shielded […] The post Generative AI is a lot Like a Video Tape Recorder, No?
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JD Supra Law
DECEMBER 8, 2023
On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.
TorrentFreak
DECEMBER 8, 2023
On December 14, 2022, a group of music rightsholders including BMG, UMG, and Capitol filed a complaint at a Texas district court, accusing Altice, the parent company of ISP Optimum, of facilitating massive copyright infringement. Just days ahead of that lawsuit’s one-year anniversary , Altice now finds itself fighting a second and substantially similar lawsuit, filed by 49 member labels of the RIAA at the same Texas court.
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?
JD Supra Law
DECEMBER 8, 2023
A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models were trained in the US. However, the court relied on seemingly contradictory public statements by Stability’s CEO, including that Stability helped “fast track” UK residency applications of Russian and Ukrainian developers working on Stable Diffusion.
TorrentFreak
DECEMBER 8, 2023
In 2021 , Sony Music obtained an injunction that ordered DNS resolver Quad9 to block a popular pirate site. The injunction, issued by the District Court of Hamburg, required the Swiss DNS resolver to block access to a site that links to pirated music. The name of the targeted site initially remained a mystery, but we deduced that Canna.to was the target.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
DECEMBER 8, 2023
When Italian lawmakers finally passed new law in the summer designed to crack down on pirate IPTV providers once and for all, powerful Serie A football clubs, broadcasters, and influential business associates, breathed a joint sigh of relief. The tools needed to avert the imminent destruction of Italian football had finally been enshrined in law following a massive lobbying and media campaign.
IP Law 360
DECEMBER 8, 2023
A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.
IP and Legal Filings
DECEMBER 8, 2023
Introduction The present matter was a criminal revision filed by the Petitioner under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 04.12.2021 passed by the Ld. Additional Sessions Judge, Indore whereby the Ld. Appellate Court affirmed the order of the Ld. Judicial Magistrate First Class, Indore wherein the application filed by the Respondent under Section 23 of the Prevention of Women from Domestic Violence Act, 2005 was allowed and
IP Law 360
DECEMBER 8, 2023
A group of Blue Cross and Blue Shield licensees have filed a lawsuit in Virginia federal court claiming Johnson & Johnson has been trying to stifle competition in the market for the immunosuppressive drug Stelara, saying it defrauded federal patent officials.
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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
DECEMBER 8, 2023
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.
Technology & Marketing Law Blog
DECEMBER 8, 2023
Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Indeed, they are already filing lawsuits despite the pending Supreme Court appeal hanging over the law. But surprise! The plaintiffs may have to sue in California if the law survives Constitutional scrutiny. This change in venue would dampen the plaintiffs’ enthusiasm.
JD Supra Law
DECEMBER 8, 2023
While licensing agreements between brands and license holders are typical in mature cannabis jurisdictions, what is uncommon is the requirement that said brands become licensed solely for the purposes of entering into branding and licensing agreements with in-state licensed operators, but that is exactly what New York and the Office of Cannabis Management (“OCM”) have required and made plain.
The IPKat
DECEMBER 8, 2023
The General Court has recently confirmed the validity of two 3D trade marks, owned by Lego ( T-297/22 and T-298/22 ). The parallel proceedings concerned two trade marks representing Lego minifigures, whose validity was challenged on functionality grounds. Background of the dispute In 1996, Lego filed two applications for 3D trade marks consisting of toy figures, one with a dub on the head (illustrating this post) and one without it.
JD Supra Law
DECEMBER 8, 2023
Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing.
IP Law 360
DECEMBER 8, 2023
A California software company has won a ruling out of Delaware federal court that software it sells doesn't indirectly infringe decade-old microchip patents, though the state's top federal judge spent some time complaining about the filing practices of the tech company's lawyers, writing that he "arguably should have" rejected their motion out of hand.
JD Supra Law
DECEMBER 8, 2023
Numerous clients are receiving unsolicited emails from a company called Trademark Omega. Future versions may originate from companies with different names. For your protection, we advise you to read the fine print.
The TTABlog
DECEMBER 8, 2023
The USPTO refused to register the mark CREME DE LA CREME for raw and processed nuts, including candied nuts, "supplied to grocery chains and wholesale grocers," finding confusion likely with the mark CRÈME DE LA CRÈME registered (on the Supplemental Register) for "candy.” Applicant Hines Nut argued that the cited mark is laudatory, commonly used, and therefore weak and entitled to a narrow scope of protection.
JD Supra Law
DECEMBER 8, 2023
The US Patent and Trademark Office (USPTO) launched the Semiconductor Technology Pilot Program on December 1, 2023 for patent applications for processes or apparatuses for manufacturing semiconductor devices. Applications that meet the requirements will be advanced out of turn for examination (granted special status) until a first Office Action is issued.
The IP Law Blog
DECEMBER 8, 2023
Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
JD Supra Law
DECEMBER 8, 2023
The Biden administration made a significant announcement today, December 7, 2023, marking a potential turning point in the way the U.S. government handles pharmaceutical patents. The administration asserted its authority, using so-called “march-in” rights, to license patents to third parties—in this case, patents of certain costly medications in a push to reduce high drug prices and promote competition.
IP Law 360
DECEMBER 8, 2023
The U.S. Patent and Trademark Office has added six members between its Trademark Public Advisory Committee and its Patent Public Advisory Committee, including several patent and intellectual property attorneys and experts, according to a Wednesday announcement.
JD Supra Law
DECEMBER 8, 2023
In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker.
Velocity of Content
DECEMBER 8, 2023
The Association of American Publishers (AAP) has released its Reply Comments to the U.S. Copyright Office concerning a Notice of Inquiry regarding copyright law and artificial intelligence. According to Andrew Albanese , Publishers Weekly executive editor, “the AAP told the Copyright Office that the tech industry needs to stop telling copyright owners to back off on their claims that the use of their works to create training datasets for Gen AI systems without permission is infringement.
JD Supra Law
DECEMBER 8, 2023
The National Collegiate Athletic Association (NCAA) transfer portal is open for business, though that phrase may be too accurate these days. Nevertheless, for Division I football student-athletes, the time is now and business considerations seem to be front of mind, even if no one is saying as much out loud.
SpicyIP
DECEMBER 8, 2023
Image from here [ This post is authored by SpicyIP Fellow Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. Her previous posts can be accessed here. ] The Delhi High Court, on 30 November 2023, determined that a mark’s global reputation or asserted goodwill alone would not suffice to establish a trans-border reputation cla
JD Supra Law
DECEMBER 8, 2023
Proper construction of claim limitations reciting the chemical property of pH (which denotes the concentration of hydrogen ions in a solution as an indication of acidity) has arisen several times in district court and Federal Circuit opinions, perhaps the most notable being in Warner-Jenkinson v. Hilton Davis Chemical (1997), which revitalized the doctrine of equivalents.
LexBlog IP
DECEMBER 8, 2023
This blog article is a book review of the very practical guidebook Creativity & Copyright ➲ Legal Essentials for Screenwriters & Creative Artists looking to succeed as industry professionals written by California-based film industry veterans John L. Geiger and Howard Suber. In due course, the intention is to design and build an accompanying U.S.
JD Supra Law
DECEMBER 8, 2023
Although merely exemplifying the burden imposed on an appellant by the Federal Circuit's substantial evidence standard of review over decisions by the U.S. Patent and Trademark Office regarding the facts underlying legal decisions on obvious, an inter partes review of patents directed to capturing feral pigs provides enough of a curiosity to provoke a post, in Jager Pro, Inc. v.
IP Law 360
DECEMBER 8, 2023
A Pennsylvania state appellate court on Friday backed a lower court's ruling in favor of Cozen O'Connor in a case where it was sued by a software company on allegations of legal malpractice over intellectual property issues, saying the litigation was filed beyond the applicable limitations period.
LexBlog IP
DECEMBER 8, 2023
Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
IP Law 360
DECEMBER 8, 2023
A California federal judge entered judgment Thursday ordering a former Skye Orthobiologics employee to pay more than $62 million to Skye and Human Regenerative Technologies after a jury found the defendant breached his fiduciary duties and loyalty when he started a competing business using the plaintiffs' proprietary information.
Likelihood of Confusion
DECEMBER 8, 2023
CNET News.com reports: U.S. District Judge Sam Lindsay in the northern district of Texas granted a preliminary injunction against Robert Davis, who operated Supercrosslive.com and had been providing direct links. The post Deep-linking deep-sixed appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
DECEMBER 8, 2023
Allen & Overy LLP has recruited a German intellectual property partner with almost 20 years of experience for its Hamburg office, while McCarter & English LLP announced that an IP partner from Stroock & Stroock & Lavan LLP who focuses on transactional matters joined the firm's New York office. Here are the details on these and other notable IP hires.
Indiana Intellectual Property Law
DECEMBER 8, 2023
Plaintiff OrthoPediatrics Corp. (“OP”) filed a Complaint against fellow Warsaw, Indiana corporation, WishBone Medical, Inc. (“WishBone”). They are alleging patent infringement concerning U.S. Patent No. 8,777,998 , titled “Pediatric Long Bone Support or Fixation Plate.” The complaint states that the Plaintiff (OP) has designed and patented an innovative orthopedic plate system explicitly made for pediatric patients.
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