Intellectual Property Law Blog
NOVEMBER 7, 2023
This case addresses the ability of a petitioner in an IPR to present new evidence in a reply brief, particularly where the patent owner proposes a new claim construction in its patent owner response. Background Medtronic, Inc. (“Medtronic”) owns multiple patents relating to transcutaneous (i.e. through the skin) charging of implanted medical devices.
Plagiarism Today
NOVEMBER 7, 2023
The long-running YouTube series Zero Punctuation has come to an abrupt end. Here's what copyright and trademark law say about what is next. The post Copyright, Trademark and the Future of Zero Punctuation appeared first on Plagiarism Today.
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Intellectual Property Law Blog
NOVEMBER 7, 2023
This case is primarily about the Daubert standard as applied to expert testimony on damages. The Federal Circuit reversed the Northern District of California’s admission of expert testimony on damages, which relied on calculations that failed to differentiate between infringing products and non-infringing products. The Federal Circuit also reiterated the standards for a judgment as a matter of law (“JMOL”) of non-obviousness, and clarified that “by means of” claim language does not limit to but-
Plagiarism Today
NOVEMBER 7, 2023
OpenAI offers to pay for copyright lawsuits, cricket YouTube channel shuttered over copyright and ASCAP sues 12 restaurants over music. The post 3 Count: Blue Moose 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?
Erik K Pelton
NOVEMBER 7, 2023
Erik shares some key questions to ask yourself when choosing a trademark attorney. The post Measuring the Competition appeared first on Erik M Pelton & Associates, PLLC. Erik shares some key questions to ask yourself when choosing a trademark attorney.
The IPKat
NOVEMBER 7, 2023
As IPKat readers know, unlike other areas of IP, the creation of an EU-wide copyright title has never appeared like a concrete possibility. yet. Indeed, the history of EU copyright harmonization has progressed in steps, with several directives (and a couple of regulations) being adopted over a period of 30+ years. Despite the relatively limited legislative harmonization, over the past several years the copyright laws of individual EU Member States have nevertheless become more and more harmonize
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
NOVEMBER 7, 2023
On the heels of a report published Sunday by IPWatchdog, the U.S. Patent and Trademark Office (USPTO) announced today that they will be postponing the transition to Patent Center—the tool meant to replace legacy systems, EFS-Web and Private PAIR—until November 15. The stated goal of the delay is “to better respond to and incorporate additional valuable stakeholder feedback into the Patent Center system,” according to a blog post published today by USPTO Commissioner for Patents, Vaishali Udupa.
The IPKat
NOVEMBER 7, 2023
Earlier this year, the Institute of Professional Representatives before the European Patent Office (epi) proposed a radical raising of the admission requirements for the European patent attorney qualifying examinations (EQEs). Epi proposed that, to maintain the quality of European patents, there should be no admission to the EQE without at least a 4 year scientific degree.
Olartemoure Blog
NOVEMBER 7, 2023
The United States Federal Trade Commission (FTC) signed a cooperation agreement, in the form of a Multilateral Memorandum of Understanding (MOU), with consumer protection authorities from four Latin American countries: Chile, Colombia, Mexico, and Peru. This multilateral agreement will facilitate information sharing, accelerate investigations, spur policy development, and assist cross-border enforcement.
Technology & Marketing Law Blog
NOVEMBER 7, 2023
Apple rejected two of the plaintiffs’ apps, “Coronavirus Reporter” and “Bitcoin Lottery,” for its app store. Apple rejected the Coronavirus Reporter app because it wasn’t associated with a government entity or medical institution; and it rejected the Bitcoin Lottery app due to its general ban on bitcoin apps. Apple’s developer guidelines expressly say Apple can reject apps in its sole discretion.
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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.
Christopher Roser
NOVEMBER 7, 2023
In my previous posts I went into great detail through all the categories of the Toyota KPI dashboard: safety, quality, productivity, and cost. I also explained the additional section on HR development, albeit this may not really be KPI in the normal sense. However, the dashboard often contains even more: a section with the monthly. Read more The post The Toyota KPI Dashboard—Production Plan first appeared on AllAboutLean.com.
IP Law 360
NOVEMBER 7, 2023
A Washington federal judge on Tuesday tossed Amazon's suit that sought a declaration it developed its own system that doesn't infringe an augmented reality company's patents, saying the case's issues overlap with an earlier filed suit.
JD Supra Law
NOVEMBER 7, 2023
Gene therapy is part of a new wave of medicine that approaches disease treatment by addressing the root causes rather than focusing on treating or reducing symptoms. Currently, gene therapies are being developed for treatment of inherited diseases, autoimmune diseases, cancer, and infectious diseases. In July 2023, we posted about a series of FDA approvals in the first half of 2023 of several first-in-class gene- and cell-therapies for various rare inherited diseases.
IP Law 360
NOVEMBER 7, 2023
Guidance on artificial intelligence's implications for patent law, which the White House has directed the U.S. Patent and Trademark Office to produce, could illuminate important issues, according to attorneys, but the tight timeline and evolving technology might limit what the office can say.
JD Supra Law
NOVEMBER 7, 2023
As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and potential bankruptcy issues. Trademark protection safeguards a company’s brand, while bankruptcy considerations can have far-reaching implications for intellectual property assets.
IP Close Up
NOVEMBER 7, 2023
Generating a return on tech patents from licensing without suing for infringement is fast becoming a lost art – even if the licensor is a Continue reading
IP Law 360
NOVEMBER 7, 2023
The non-fungible token creator found liable for ripping off Hermes' Birkin bag told the Second Circuit that U.S. District Court Judge Jed Rakoff "wrongly focused on questions of intent" throughout his trial rather than whether the NFTs at the center of the case were protected free speech.
JD Supra Law
NOVEMBER 7, 2023
In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor & Employment Law Department. Along with partner Steve Pearlman, Daryl and Edna recently published an article in Legal Drive that discusses methods and strategies employers can use to bulk up their protections for trade secrets and human capital in a world where non-competes are.
The TTABlog
NOVEMBER 7, 2023
Metal Jeans, Inc. opposed an application to register the mark METAL HEADS for headwear, claiming likelihood of confusion with its registered mark METAL for" ski jackets, jackets, jeans and shirts.” Third-party registrations covering both headwear and one or more of opposer's goods, along with applicant's admissions, established the relatedness of the goods.
JD Supra Law
NOVEMBER 7, 2023
The Background: There has been a growing trend to invalidate European patents by challenging their formal priority and using intervening prior art. The Technical Boards of Appeal of the European Patent Office ("EPO") referred questions of law to the Enlarged Board of Appeal ("EBA"): first, whether the EPO is competent to assess a party's entitlement to priority; and second, whether a newly added applicant in a Patent Cooperation Treaty ("PCT") application is entitled to claim priority from an.
Copyright Alliance
NOVEMBER 7, 2023
This week we’d like to introduce you to industrial designer Matthew Cunningham. He’s widely known for his “expertise in advanced vehicle design, brand futuring, and feature film concept design.” Matthew […] The post Creator Spotlight with Industrial Designer Matthew Cunningham appeared first on Copyright Alliance.
JD Supra Law
NOVEMBER 7, 2023
A common problem for intellectual property owners in the age of e-commerce is trying to unmask the identity of anonymous infringers to get the infringing activity to stop. Even if a brand owner is successful in unmasking the identity of an infringer, it can be exceedingly difficult to find an appropriate jurisdiction to bring a claim, as infringers are often foreign with no substantial ties to the U.S.
SpicyIP
NOVEMBER 7, 2023
[ This post is co-authored by with Swaraj Paul Barooah. The authors would like to thank Aditya Gupta for his input. Views remain those of the authors’ alone. ] Perhaps not in this case. Image from here In a major development bound to impact IP litigation in Delhi, a Division Bench (DB) of the Delhi High Court in Pankaj Ravjibhai Patel v. SSS Pharmachem Pvt.
JD Supra Law
NOVEMBER 7, 2023
A Federal Circuit judge, sitting by designation in the District of Delaware, granted-in-part and denied-in-part a Rule 12(c) motion by the defendant for judgment based on patent eligibility under 35 U.S.C. § 101. The case is KOM Software Inc. v. NetApp, Inc.
Patently-O
NOVEMBER 7, 2023
by Dennis Crouch The 5th Circuit Court of Appeals recently decided an important convenient venue case. Granting TikTok’s mandamus petition to have its trade secret case transferred from W.D.Tex to N.D.Cal. The decision does not really break ground in the venue/mandamus debate, but does solidify the Federal Circuit’s parallel approach in patent cases out of the same district.
JD Supra Law
NOVEMBER 7, 2023
The U.S. Patent and Trademark Office (USPTO) released a report on innovations in COVID-19-related diagnostics as a case study of how innovation and intellectual property operate during times of crisis. The study utilized publicly available data from December 2019 through April 2023. Highlights that might be of interest to stakeholders in this space include trends in the volume of COVID-19 diagnostic patents filed, the entities filing them, and countries with the most identified patent families.
IP Intelligence
NOVEMBER 7, 2023
On Oct. 30, Judge William Orrick of the U.S. District Court for the Northern District of California largely sided with defendants Stability AI, DeviantArt and Midjourney in the generative AI-copyright infringement suit brought by a trio of artists. Judge Orrick found plaintiffs’ complaint “defective in numerous aspects” and gave plaintiffs leave to amend “to provide clarity regarding their theories of how each defendant separately violated their copyrights, removed or altered their copyright man
JD Supra Law
NOVEMBER 7, 2023
In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor & Employment Law Department. Along with partner Steve Pearlman, Daryl and Edna recently published an article in Legal Drive that discusses methods and strategies employers can use to bulk up their protections for trade secrets and human capital in a world where non-competes are.
Trading Secrets
NOVEMBER 7, 2023
We are excited to present the latest edition of our renowned resource, the 50-State Non-Compete Desktop Reference, thoughtfully updated by our distinguished Trade Secrets, Computer Fraud, and Non-Competes practice group. Key Features: Comprehensive Updates: Covering key jurisdictions such as California, New York, and many more. In-Depth Topics: Covers vital aspects such as penalty frameworks, wage thresholds, and notice requirements.
JD Supra Law
NOVEMBER 7, 2023
Artificial intelligence-generated deepfakes—video, audio, or photographic content that mimics some or all of the characteristics of one’s identity—have captured the wary attention of the public, politicians and the entertainment industry, among others. While copyright laws have been frequently invoked when considering generative AI training and outputs, concerns have been raised about whether current state right of publicity laws are sufficient to guard against the misuse or unauthorized.
Managing IP
NOVEMBER 7, 2023
Each week Managing IP speaks to a different IP professional about their life and career
JD Supra Law
NOVEMBER 7, 2023
The Federal Circuit's claim construction gospel set forth in Phillips has been entrenched in the minds of patent litigators for nearly 20 years.1 The intrinsic evidence - the claims, specification, and prosecution history - is usually “dispositive” and is “the single best guide to the meaning of a disputed term.”.
IP Watchdog
NOVEMBER 7, 2023
If you’re a regular reader of IPWatchdog, it probably wouldn’t surprise you to hear that two different U.S. Court of Appeal for the Federal Circuit (CAFC or Federal Circuit) panels recently issued inconsistent, irreconcilable opinions. But what just happened over the last month is particularly concerning. Specifically, within the span of six days, the Federal Circuit held that: “A computer” means one and only one computer when a subsequent claim element recites “the computer” (Finjan v.
JD Supra Law
NOVEMBER 7, 2023
In re PersonalWeb Technologies LLC, Appeals Nos. 2021-1858, -1859, -1860 (Fed. Cir. Nov. 3, 2023) In this appeal from the United States District Court for the Northern District of California, the question before the Federal Circuit was whether an award of approximately $5.1 million in attorneys’ fees under 35 U.S.C. § 285 was appropriate. The Federal Circuit affirmed the fee award, holding that the district court had not abused its discretion in finding the case exceptional or in calculating.
WIPO Magazine
NOVEMBER 7, 2023
Analyzing patent data can uncover technologies with low patenting activity that could be spaces for future innovation.
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