Plagiarism Today
JULY 10, 2024
US Copyright Office clarifies copyright termination issue, IPTV pirates hit with massive judgment and religious group sues critic. The post 3 Count: Termination Ruling appeared first on Plagiarism Today.
Erik K Pelton
JULY 10, 2024
Beware of latest scam from Worldwide Trademarks, Inc. aka Worldwide Trademarks at 447 Broadway, 2nd Floor, New York, NY 10013. The offer, for $2760, is for inclusion in a publication. A publication with no real value. I have never heard any trademark professional recommend inclusion in such a publication; nor any trademark professional use such a publication for any research.
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Plagiarism Today
JULY 10, 2024
Nexon, developers of The First Descendent, are accused of copying icons from Destiny 2. However, the story is more complicated. The post Copyright, Trademark and Plagiarism in Icons appeared first on Plagiarism Today.
Erik K Pelton
JULY 10, 2024
In this episode, Erik breaks down the key differences between the supplemental and principal registers and what types of trademarks reside in each. The post What is the Supplemental Register of Trademarks? appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik breaks down the key differences between the supplemental and principal registers and what types of trademarks reside in each.
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 Watchdog
JULY 10, 2024
The deadline for comments on the U.S. Patent and Trademark Office’s (USPTO’s) notice of proposed rulemaking (NPRM) on terminal disclaimer practice was July 9 and several key organizations weighed in just as the door was closing. One of those commenters was the Federal Trade Commission (FTC), which claimed in its comment letter that “[t]he use of terminal disclaimers linking similar patent claims can exacerbate the exclusionary impact of patent thickets by forcing potential market entrants to inc
TorrentFreak
JULY 10, 2024
On paper, Nintendo’s lawsuit targeting the developers of Switch emulator Yuzu was solid. It also had the potential to drag on for a long time. Without surprise banana peels suddenly making an appearance, on balance, Nintendo could’ve walked away with a fairly easy win. Yet just weeks after the lawsuit was filed, Nintendo and the anonymous Yuzu developers agreed to settle.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JULY 10, 2024
In 2015, Brazilian developer Matheus Valadares shared a new game called Agar.io on 4chan, which soon became a smash hit. The game also popularized the IO extension for games, a reference to the input/output computing term, not the Indian Ocean territory from where it originally derived its initials. These IO games are often quite basic but addictive and entertaining nonetheless.
IP Law 360
JULY 10, 2024
The U.S. Patent and Trademark Office has received heated feedback regarding its proposal to make follow-on patents easier to invalidate, with drug pricing advocates applauding it, top technology and pharma companies decrying it, and high-profile officials calling the proposal an overstep of the agency's authority.
IP Watchdog
JULY 10, 2024
Last week, just before the holiday weekend, U.S. District Judge Ada Brown of the Northern District of Texas issued a memorandum opinion supporting the entry of a preliminary injunction against the Federal Trade Commission’s (FTC) final rule banning non-compete provisions from U.S. employment contracts. While the requested relief is limited to the plaintiffs named in the action, the ruling marks an important victory for business interests opposing the rule and intellectual property advocates warn
IP Law 360
JULY 10, 2024
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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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
JULY 10, 2024
The digital age has ushered in innovative forms of entertainment and commerce, including through the development of in-game economies. In recent years, the digital landscape of gaming has expanded beyond mere entertainment, evolving into a vast ecosystem of virtual goods. There are numerous entities that develop, publish, or otherwise operationalize video games (“Game Developers”) that are incorporating virtual marketplaces into gaming platforms (“Platforms”) where individuals who play on or.
Technology & Marketing Law Blog
JULY 10, 2024
In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. Two of those cases, Gonzalez v. Google and Taamneh v. Twitter, produced Supreme Court rulings last year. In Taamneh, the court held that Twitter could not be liable for aiding-and-abetting because, among other reasons, Twitter did not do anything that specifically facilitated the terrorist attack at issue.
JD Supra Law
JULY 10, 2024
In the first half of 2024, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. The Rx IP Update team at Smart & Biggar has collected the top stories from January to June and summarized them for you.
The TTABlog
JULY 10, 2024
In Chutter, Inc. v. Great Management Group, LLC , the Board ruled that reckless disregard for the truth is sufficient for a finding of fraud on the USPTO. [ TTABlogged here ]. The CAFC reversed that ruling because Section 14 of the Lanham Act, which lists the bases for cancellation of a registration, does not include fraud committed in connection with a Section 15 incontestability declaration (as opposed to fraud in obtaining a registration). [ TTABlogged here ].
JD Supra Law
JULY 10, 2024
The United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) have signed a memorandum of understanding (MoU) that outlines a new framework for collaboration between the two offices on policies relating to Standard Essential Patents (SEPs).
IP Watchdog
JULY 10, 2024
This week, there were an average number of patent filings at the Patent Trial and Appeal Board (PTAB) with 38 new filings—two post grant reviews and 36 inter partes reviews (IPRs)—while the district court saw a below-average 48 new filings. At the PTAB, Directv filed seven petitions challenging as many Entropic Communications LLC [associated with FIG LLC (d/b/a Fortress Investment Group LLC)] patents.
JD Supra Law
JULY 10, 2024
When the U.S. Government licenses commercial software, it generally does so under the same terms as any other commercial software licensee, unless the terms of that license are inconsistent with federal law or do not otherwise meet the Government’s needs. These deviations from a software licensor’s standard form often introduce challenges unique to the Government marketplace, particularly with respect to monitoring for, detecting, and addressing unlicensed uses by Government end users.
IP Law 360
JULY 10, 2024
A Maine federal judge has issued a preliminary injunction holding that HP Inc. may not use the word "Wex" for a planned product launch for the duration of trademark litigation brought by financial technology provider Wex Inc., finding that there's a "risk of saturating the market with potential infringement.
JD Supra Law
JULY 10, 2024
Artificial intelligence has extraordinary potential, but it also presents a number of daunting challenges. One is the high energy consumption of the computer chips required to drive the programs. Lightmatter is developing unique photonic technologies that reconstruct how computer chips calculate and communicate, allowing data to move at much higher speeds than is possible today.
IP Law 360
JULY 10, 2024
A Tenth Circuit panel that cited the U.S. Supreme Court's Warhol decision in holding that Netflix Inc. could not dodge a copyright complaint for including a funeral video clip in its "Tiger King" docuseries sounded more skeptical about the plaintiffs' arguments during a rehearing Wednesday, grilling counsel about why the short video was not fair use.
JD Supra Law
JULY 10, 2024
Administrative agencies long enjoyed deference from the courts under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron required courts to give leeway to agencies interpreting ambiguous statutes. On June 28, the Supreme Court overturned Chevron with its decision in Loper Bright Enterprises v. Raimondo, 603 U.S. (2024).
IP Law 360
JULY 10, 2024
Nixon Peabody LLP is continuing to grow its intellectual property practice on the West Coast, adding three former Maynard Nexsen PC partners, including a former practice chair.
JD Supra Law
JULY 10, 2024
Kilpatrick partners Brian Axelrad, Jeff Hechtman, and Brenda Holmes recently presented to clients at the Kilpatrick Intellectual Property Seminar on the topic of “Corporate Perspectives on Intellectual Property.” They discussed corporate and intellectual property issues and how they are handled by different types of companies (early and later stage).
Stock Legal Blog
JULY 10, 2024
Legal fees are one of the largest transaction costs faced by buyers in the purchase of a business, and are notoriously difficult to estimate or predict. In a typical hourly billing model, clients have limited ability to predict or influence legal fees. The exception is those with greater communication needs, who can generally, expect higher bills, accounting for extra calls and emails.
JD Supra Law
JULY 10, 2024
In June, Uruguay committed to join the Patent Cooperation Treaty (“PCT” or “Treaty”), with unanimous approval from both houses of parliament. The PCT—first signed in 1970, effective for 35 years and currently covering 157 contracting countries—is an essential milestone for the globalization of patent law and, consequently, for the protection of inventions at an international level.
IP Law 360
JULY 10, 2024
With the dismissal of Federal Circuit Judge Pauline Newman's lawsuit against her colleagues over her suspension, experts say she faces significant challenges in securing a different outcome on appeal or persuading the court's other judges to let her hear cases again.
JD Supra Law
JULY 10, 2024
For forty years, Chevron has put a thumb on the scales in favor of the executive agencies whenever their decisions were challenged in court. Now, the Supreme Court has overturned that longstanding precedent, issuing its opinion in the two cases that will define judicial deference to executive agencies going forward.
IP Law 360
JULY 10, 2024
Intellectual property licensing outfit Factor2 Multimedia Systems has sued Bank of America, Capital One and others in Texas federal court for allegedly infringing authentication patents with Zelle and other money-transfer apparatuses.
JD Supra Law
JULY 10, 2024
The United States Patent and Trademark Office ("USPTO") is seeking public input about the need for a statutory experimental use exception in light of the common law jurisprudence.
IP Law 360
JULY 10, 2024
A Texas federal judge sent to California a case accusing Roku of infringing patents related to automatic content recognition technology for commercial advertising, finding on Wednesday that the ease of access to evidence, location of Roku's witnesses and Roku's headquarters in San Jose weigh in favor of a transfer.
JD Supra Law
JULY 10, 2024
A pal and I walked across the parking lot at the Maryland State Bar Association conference last month looking for a lunch joint; the topic of our conversation was whether and why copyright and trademark registrations are necessary and beneficial. Originally published in The Daily Record.
IP Law 360
JULY 10, 2024
A New York federal court has unsealed medical imaging company Molecular Dynamics Ltd.'s still-pending 2022 petition seeking to vacate an allegedly fraudulent arbitral award favoring its former partner in a project to develop cameras in the field of nuclear medicine, revealing more information about the dispute.
JD Supra Law
JULY 10, 2024
In Dragon Intellectual Property LLC v. Dish Network L.L.C. No. 22-1621 (Fed. Cir. May 20, 2024), the Federal Circuit clarifies the standard for “exceptional” cases under 35 U.S.C. § 285. The case concerns attorneys’ fees and the application of § 285 attorneys’ fees to inter partes review (“IPR”) proceedings, and addresses attorney liability for § 285 fee awards.
IP Law 360
JULY 10, 2024
Former Kasowitz Benson Torres LLP partner Jay Deshmukh filed a lawsuit in New York state court against his former firm Tuesday, saying the firm "deliberately" fired him weeks before his one-year anniversary so it could hold back more than half his annual pay.
JD Supra Law
JULY 10, 2024
Beteiro, LLC v. DraftKings Inc., No. 2022-2275, 2024 WL 3077636 (Fed. Cir. June 21, 2024) - On June 21, 2024, the Federal Circuit affirmed the District Court for the District of New Jersey’s dismissal of Beteiro, LLC’s (“Beteiro’s”) patent infringement case against DraftKings, Inc. (“DraftKings”) on the basis that Beteiro’s patents claimed unpatentable subject matter under 35 U.S.C. §101.
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