Plagiarism Today
MAY 30, 2024
A judge sides with Cher in a royalty dispute, UK businesses are hit with damages over unlicensed sports, and the Reggaeton lawsuit continues. The post 3 Count: Partly Sonny (and Cher) appeared first on Plagiarism Today.
JD Supra Law
MAY 30, 2024
In this episode of Trending Now - An IP Podcast, Janet Cho and Amy Pruett provide an update on recent cases and some of the legal issues involved with using datasets to train AI models.
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Plagiarism Today
MAY 30, 2024
Bungie recently scored a significant win against a video game cheat maker. Here's what the law says about cheating in modern video games. The post Copyright and Cheating in Video Games appeared first on Plagiarism Today.
Kluwer Copyright Blog
MAY 30, 2024
Photo by Dinh Pham on Unsplash As the environmental crisis escalates due to overproduction and overconsumption, there is an increasing recognition of the urgent need for environmental consciousness and a shift towards a sustainable, circular economy (see, in the intellectual property context, Pihlajarinne & Ballardini (2020) , Senftleben (2023) , Calboli (2024) ).
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?
TorrentFreak
MAY 30, 2024
Z-Library is one of the largest shadow libraries on the Internet, hosting millions of books and articles that can be downloaded for free. The site defied all odds over the past two years. It continued to operate despite a full-fledged criminal prosecution by the United States, which resulted in the arrest of two alleged operators in Argentina. According to the latest available information, these two defendants are still fighting their extradition.
IP Law 360
MAY 30, 2024
A Washington federal jury said Thursday that The Boeing Co. should pay Zunum Aero Inc. $72 million for misappropriating the electric jet startup's trade secrets and souring a deal with a potential investor, in an award partially subject to trebling under state law.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
MAY 30, 2024
The Federal Trade Commission has been scrutinizing patents listed by drugmakers on a key federal database, warning several companies that their listings are improper and drive up drug prices. Here's a look at what the agency and others could do next.
JD Supra Law
MAY 30, 2024
In the rapidly evolving landscape of AI, the valuation and viability of AI companies are extensively tied to their intellectual property assets. For AI companies, safeguarding these assets is not just about legal protection—it’s about securing a competitive edge and enhancing market value. For investors, understanding the IP landscape is crucial to assessing both the risks and the growth potential of their investments.
Technology & Marketing Law Blog
MAY 30, 2024
I previously described this case: Joseph Mercola ran a YouTube channel with 300k subscribers and 50M views. YouTube removed the channel for violating its medical misinformation policy (Mercola apparently peddled anti-vax views ). Mercola sued YouTube for the usual things and got the usual outcomes. By the time the case reached the Ninth Circuit, the case had narrowed quite a bit.
JD Supra Law
MAY 30, 2024
In recent years, we have seen numerous media reports on cases involving suspected misappropriation of trade secrets by foreign companies who have hired former Japanese engineers. Given that Japanese law and Japanese jurisdiction have ambiguity as to their applicability in such circumstances, Japan’s Unfair Competition Prevention Act (the “Unfair Competition Act”) was amended in June 2023 with a view toward providing clarity in admitting the Japanese jurisdiction and the applicability of.
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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.
SpicyIP
MAY 30, 2024
Image from here * A slightly long post discussing the key ideas of the essay. * A few months ago, I wrote a detailed post discussing the history of IP teaching in India highlighting that the same gained traction after the 2000s. There I asked, “[w]hether this delay has potentially trapped us in an epistemological framework given a canonical body of work that has already developed during or before our entry into IP teaching and research.
JD Supra Law
MAY 30, 2024
On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard. The decision eliminates the Rosen-Durling test, which had required 1) a primary reference that is “basically the same” as the claimed design and 2) any differences between the primary reference and the claimed design be covered by secondary references that are “so related” to the primary reference’s features that features.
The IPKat
MAY 30, 2024
This TechieKat was thrilled to put her paws on Forever , written by Daniel J. Gervais , Milton R. Underwood Chair in Law and Director of Vanderbilt Intellectual Property Program at Vanderbilt University. Forever is a legal sci-fi story and the first volume of the Coexistence Trilogy (see the dedicated website here ). The trilogy is part of a project to understand the interactions between humans and advanced artificial intelligence (AI), aiming to explore the legal and philosophical aspects of su
JD Supra Law
MAY 30, 2024
We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its opposition, in which it raises the substantive arguments to the copyright claim set forth below.
Copyright Alliance
MAY 30, 2024
This week we’d like to introduce you to stop-motion animator, Blake Derksen. Some of his more well-known projects include Robot Chicken (2001), Fall Out Boy: Love from the Other Side (2023), […] The post Creator Spotlight with Stop-Motion Animator Blake Derksen appeared first on Copyright Alliance.
JD Supra Law
MAY 30, 2024
Plaintiff’s attorneys have filed a wave of lawsuits against various AI tools under a variety of legal theories. Most have had no success so far. Many of the asserted claims have been dismissed for lack of sufficiently pleaded facts to state a claim or for being legally untenable claims.
IP Law 360
MAY 30, 2024
Sen. Elizabeth Warren, D-Mass., and Rep. Lloyd Doggett, D-Texas, Thursday urged the U.S. Department of Commerce to finalize a proposal that would allow the government to take possession of "taxpayer-funded" patents on drugs and lease them to generic-drug makers, saying the "popular framework will help reduce exorbitant drug costs.
JD Supra Law
MAY 30, 2024
In early May, Brazil’s Law No. 14,852/2024 (the “Legal Framework for Games” or the “Framework”) was published. Originating as Bill No. 2796/2021, the legislation provides the necessary legal framework for the burgeoning Brazilian gaming market, and offers incentives to national companies in the gaming industry.
IP Law 360
MAY 30, 2024
A sorority and a former affiliate have agreed to scrap a trademark dispute alleging the affiliate continued to use the sorority's name and symbols after their relationship had been severed.
JD Supra Law
MAY 30, 2024
The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s grant of summary judgment, finding that the language used in an invention assignment clause was subject to more than one reasonable interpretation (i.e., ambiguous) and thus remand was necessary for further fact finding. Core Optical Tech., LLC v. Nokia Corp., Case Nos. 23-1001; -1002; -1003 (Fed.
IP Law 360
MAY 30, 2024
Apple has successfully challenged an inventor's patent covering a way for a mobile phone to show information by a user just looking at it, with the Patent Trial and Appeal Board finding several claims were invalid as obvious.
JD Supra Law
MAY 30, 2024
Before Dyk, Mayer, and Taranto. Appeal from the Central District of California. Summary: Applying California law, the phrase “entirely on my own time” in an employment agreement was found ambiguous and therefore precluded summary judgment of no standing to sue for patent infringement.
IP Watchdog
MAY 30, 2024
On May 28, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief with the U.S. Supreme Court in Cellect v. Vidal, urging Court to take up Cellect’s appeal from the invalidation of its patent claims to image sensors for obviousness-type double patenting (ODP). The NYIPLA’s brief contends that the Federal Circuit’s decision increases the risk of invalidity for a significant portion of U.S. patents despite the fact that the traditional basis for ODP doctrine no longer ex
JD Supra Law
MAY 30, 2024
Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Claim limitations requiring communications to be “encrypted” or to deliver “program code” were not subject to the printed matter doctrine.
Patently-O
MAY 30, 2024
by Dennis Crouch Although not expressly an IP case, the Federal Circuit’s new decision in The Portland Mint v. United States does focus on counterfeiting coins as well as implied contracts with the Federal Government. The key facts are as follows : The Portland Mint (a private company) participated in the U.S. Mint’s Mutilated Coin Redemption Program , which allowed individuals and businesses to submit bent or partial coins to the U.S.
JD Supra Law
MAY 30, 2024
LKQ Corp., et al. v. GM Global Technology Operations LLC, No. 2021-2348 (Fed. Cir. (PTAB) May 21, 2024). En banc opinion by Stoll, joined by Moore, Dyk, Prost, Reyna, Taranto, Chen, Hughes, and Stark. Concurring opinion by Lourie.
The TTABlog
MAY 30, 2024
So far this year, the Board has affirmed about 90% of the Section 2(e)(1) mere descriptiveness refusals reviewed on appeal. Here are three more. How do you think they came out? [Results in first comment]. In re Track Draft, LLC , Serial No. 90704707 (May 28, 2024) [not precedential] (Opinion by Judge Mark Lebow). [Mere descriptiveness refusal of TRACK DRAFT for, inter alia , online gaming services in the nature of motorsports, automobile racing, and motorcycle racing gambling,] In re Theia Group
JD Supra Law
MAY 30, 2024
We are still waiting for a formal ruling on the Andersen v. Stability AI defendants’ second round of motions to dismiss, but so far it’s looking like most of the case may be allowed to proceed to discovery. The judge heard oral arguments on May 8, 2024 in this case involving image-generating AI software, a day after issuing a tentative ruling seeming to give the plaintiffs a chance to try to prove up at least some of their claims.
The IPKat
MAY 30, 2024
The Board of Appeals of the Italian Patent and Trademark Office (UIBM) recently issued a decision in favour of Elettra Lamborghini, allowing her to register her name as a trade mark despite the opposition from well-known car manufacturer Automobili Lamborghini. Facts of the case Elettra Lamborghini , granddaughter of the founder of Automobili Lamborghini (Lamborghini), has built a career in the entertainment industry, participating in various international reality shows and releasing successful
JD Supra Law
MAY 30, 2024
The almost-full Federal Circuit (minus two judges) has overturned the Rosen-Durling test for determining design patent obviousness under 35 U.S.C. § 103. Under 35 U.S.C. § 103, A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective.
The Trichordist
MAY 30, 2024
David is on a workshop at Stanford co-sponsored by the Justice Department Antitrust Division and Stanford B-school.
JD Supra Law
MAY 30, 2024
On April 18, the USPTO announced a Notice of Proposed Rulemaking (“Notice”), which sets forth proposed rules affecting AIA trial proceedings for public comment. These proposed rules relate primarily to how the Patent Trial and Appeal Board (PTAB) will handle discretionary denial of petitions for inter partes review (IPR) and post grant review (PGR).
Patent Trademark Blog
MAY 30, 2024
This content is password protected. To view it please enter your password below: Password: The post Protected: Trademark Form appeared first on Patent Trademark Blog | IP Q&A.
JD Supra Law
MAY 30, 2024
The PTO has issued a Notice of Proposed Rulemaking regarding who may represent parties in PTAB post-grant trials. The proposal is part of the USPTO’s wider initiative to expand access to practice before the Office. Specifically, the proposed rule changes address, in part, comments received from the USPTO’s October 2022 request for comments on ways to expand opportunities for non-registered practitioners (“NRP”) (Fed.
IP Law 360
MAY 30, 2024
The Patent Trial and Appeal Board has issued a pair of rulings wiping out claims in two patents asserted by a litigation outfit targeting the way that ads work on YouTube, but the decisions included a rare dissent-in-part from an administrative judge who disagreed on how a 2005 Sony patent application fit into the dispute.
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