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After decades of sending DMCA notices, I began also serving as a DMCA agent. Several years later, here's what I've learned. The post 5 Things I’ve Learned Being a DMCA Agent for 100s of Sites appeared first on Plagiarism Today.
The Artificial Intelligence boom promises unparalleled progress but, in reality, it’s still early days. As startups and established tech giants explore their options, semiconductors are selling like hot cakes, while seemingly mundane data archives are suddenly portrayed as digital gold. Chips and data are the oil of the AI-revolution and a quick glance at Nvidia’s stock chart shows that business is going well.
Cox attempts to get a new trial in $1 billion case, Mattel wins lawsuit against producer and Nvidia leak highlights dubious scraping. The post 3 Count: Billion Dollar Question appeared first on Plagiarism Today.
Key Developments - The Society of Automotive Analysts (SAA) will host Coffee Break with Foley & Lardner: Combating Internal and External IP Leakage on August 21, 2024 at 11:00am (ET). Register here to attend the webinar.
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?
The Federal Court issued another troubling copyright decision involving Blacklock’s Reporter (BR) in the recent case, 1395804 Ontario Ltd, operating as Blacklock’s Reporter v AG Canada , 2024 FC 829. In reasons that are very difficult to follow and untangle, Justice Roy of the Federal Court held that Parks Canada did not infringe copyright or breach the Copyright Act’s legal protection of technological protection measures by circulating copies of articles and passwords to locked articles publish
It has been a busy year for issues related to drug pricing, and with the election around the corner, litigation issues that have been developing over the last few years are likely to be a key focus for the second half of 2024. The FTC and private litigants are testing the limits of Orange Book listings, and challenges to the IRA's drug-pricing provisions continue to percolate in court.
The UPCKat on its way to enforce some orders. As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte , Hiske Roos and Laura Mikkelsen and members from the team at Carpmaels we continue the journey, again visiting the Düsseldorf Local Division last year in two decisions (22 June and 18 Octo
The UPCKat on its way to enforce some orders. As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte , Hiske Roos and Laura Mikkelsen and members from the team at Carpmaels we continue the journey, again visiting the Düsseldorf Local Division last year in two decisions (22 June and 18 Octo
On July 26, NIST released a final version of its Generative Artificial Intelligence Profile (GenAI Profile), a cross-sectoral profile of and companion to the AI Risk Management Framework (AI RMF) (for further detail on the AI RMF, see our prior advisory). The new GenAI Profile reflects NIST's recommendations for implementing the risk management principles of the AI RMF specifically with respect to generative AI.
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
On July 29, the American Bar Association (ABA) weighed in for the first time on the ethical implications of generative AI (GenAI) use with the release of Formal Opinion 512. The 15-page document details, among other things, the current use of GenAI in the legal space, GenAI’s transformative potential, and some important advice on effectively….
Grubhub Inc. must face a proposed class action brought against it in Illinois federal court for allegedly using restaurants' trademarks without permission and listing them on its food delivery app without their consent, even though most of the lead plaintiffs have not registered the marks at issue.
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.
After receiving input from thousands of stakeholders during a public comment period, the U.S. Copyright Office has released the first of four reports in its Copyright and Artificial Intelligence series, this one to address digital replicas.
by Dennis Crouch The Federal Circuit’s recent decision in Impact Engine v. Google has again raised the issue of over the proper treatment of means-plus-function (MPF), this time regarding patent eligibility and infringement analyses. Appeal No. 22-2291 (Fed. Cir. July 3, 2024). I had skipped a write-up of the non-precedential decision, but now Impact Engine has petitioned for en banc review, arguing that MPF claims having specific corresponding structure should be deemed per se eligible
Artificial intelligence and machine learning are transforming the medical device industry. Simultaneously, companies are working to gain Food and Drug Administration approval and obtain intellectual property protection for this technology. As these changes take place and newer guidance emerges, IP practitioners need to help clients navigate these complicated areas without jeopardizing investment into AI or machine learning-enabled technology.
The IPKat is ready for your answers in our AI survey What inventions are deserving of patent protection? This is the question that has percolated through the London patent ranks following the recent Court of Appeal decision in Comptroller - General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825. Friend of the AmeriKat, Peter Arrowsmith ( GJE ) is on hand to delve into the debate and ask readers the pertinent question.
The US Patent Office (USPTO) recently issued new guidance and three examples for AI-related patent claims, which indicate that claims applying AI to a process are unlikely to render the process patent-eligible at the USPTO under 35. U.S.C. § 101. This briefing: - Summarizes the key aspects of the USPTO’s new AI guidance and examples. - Summarizes the varying allowance rates of USPTO art units that examine AI-related patent claims. - Provides strategic considerations for drafting and.
This week we saw slightly below average numbers of patent filings at both the Patent Trial and Appeal Board (PTAB) and in district court. In the PTAB, there were 21 new filings—all inter partes reviews (IPRs). Samsung filed three petitions challenging three patents held and asserted by Collision Communications [associated with Concert Technology Corporation].
The Patent Trial and Appeal Board has granted a petitioner’s motion to submit supplemental information, over patent owner’s objections, concerning the public availability of references that were relied upon to support grounds of unpatentability in the petition. Petitioner filed a petition challenging patent claims directed to a semiconductor power device.
The U.S Court of Appeals for the Federal Circuit (CAFC) on Tuesday vacated and remanded a decision from the Trademark Trial and Appeal Board (TTAB) based on an incorrect application of the DuPont factors in determining the likelihood of confusion of a famous mark. Bureau National Interprofessional du Cognac (“the Bureau”), the union that oversees the production of COGNAC spirits, and Institut National des Appellations d’Origine, an administrative agency within the French government, filed an opp
When you run a small business, protecting your unique inventions and ideas is crucial to maintaining a competitive edge. You need tools to help fend off copycats who would love to use your own ideas to steal your sales and compete against you. One of the most effective ways to safeguard your innovations is by filing for a patent.
ASSA ABLOY is seeking a Senior IP Administrator. As a member of the ASSA ABLOY Opening Solutions Americas IP team, this senior administrator position assists and supports the Opening Solutions (Americas) IP Practice as the person primarily responsible for handling day-to-day docketing and updates to the records, databases and files maintained, and managing invoice/billing process.
A private sale may start an inventor’s one-year filing clock, but it likely won’t save a patentee from an intervening prior art reference. On July 31, 2024, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) elaborated on the prior art public sale exception set forth in 35 U.S.C. §102(b)(2)(B). Specifically, the CAFC affirmed that a secret sale of a product would not be sufficient to pre-date a prior art reference under 35 U.S.C §102(b)(2)(B).
Federal Circuit judges proved unpersuaded on Wednesday to do anything to touch an administrative board ruling that wiped out most, but not all, of the claims in a patent that allegedly covered a new feature in the Roomba brand of robotic vacuum cleaners.
The United States Copyright Office has released the first in a series of reports relating to the implications of AI on copyright law and policy, urging the creation of new federal law addressing deepfakes. This article explores the recommended parameters of that new law, and the related reports, legislation and interagency action likely to follow.
The Sixth Circuit upheld a 20-year prison sentence for a Chinese spy convicted of espionage for trying to steal trade secrets from General Electric's GE Aviation unit, noting in an opinion unsealed Wednesday the punishment was reasonable as he continuously pursued the confidential information using sophisticated tradecraft processes for several years.
Sanho Corp. v. Kaijet Technology International Limited Inc., Appeal No. 2023-1336 (Fed. Cir. July 31, 2024) In our Case of the Week, the Federal Circuit held that the private but non-confidential sale of thousands of laptop ports did not count as a “public disclosure” of the inventions embodied therein.
A Federal Circuit panel on Wednesday was willing to explore Astellas Pharma's argument that a Nebraska federal judge should be taken off its infringement case over the bladder medication Myrbetriq, given statements that showed a potential bias against the pharmaceutical industry, but also made clear that such reassignments are rare and difficult.
Before Hughes, Stoll, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Filing an amended complaint does not nullify a dismissal order that was not later vacated. Such an order merges into a final judgement for purposes of issue preclusion.
The owner of Florida-based CBD and hemp companies White Lab LLC and GS Distribution LLC is suing a company owned by his cousin, saying the cousin has failed to pay up on a distribution agreement and is now trying to steal the trademarks to one of White Lab's product lines.
On July 31, 2024, the United States Copyright Office (Copyright Office) published a report urging Congress to create a federal law protecting individuals against unauthorized artificial intelligence (AI) generated digital replicas, commonly known as “deepfakes” (Report). The Report is the first in a series of reports on the intersection of AI and copyright law that the Copyright Office plans to issue emanating from its August 2023 Notice of Inquiry (NOI).
An investor who put money into an unsuccessful business looking to revolutionize the chemical manufacturing industry urged the U.S. Supreme Court Wednesday to overturn a split Ninth Circuit decision enforcing a $5.7 million arbitration award in favor of that business' founders, arguing the award should never have been issued.
Is it possible to increase your utility patent chances of success? It is common knowledge that obtaining a US utility patent is a years-long process that can cost tens of thousands. I have discussed ways to speed up the patent process. In this article, let’s explore how can you boost your chances of obtaining a utility patent. Need to get a utility patent granted?
The Federal Circuit issued an order Wednesday declining to hold a panel rehearing or a full court rehearing on its May decision to revive an electric outlet cover maker's declaratory judgment action over alleged infringement through Amazon's patent evaluation program.
Originally posted 2011-05-19 19:15:24. Republished by Blog Post Promoter A Century of Trademark Law: Looking Back and Looking Forward, a photo by Eric Goldman Mountain View on Flickr. Eric Goldman took this picture of me asking him my question during the “Century of Trademark Law” panel at INTA on Tuesday. Not that bloggers do any […] The post A Century of Trademark Law: Looking back … at me appeared first on LIKELIHOOD OF CONFUSION™.
Maryland-based independent licensees of the Blue Cross Blue Shield Association claim pharmaceutical giant Amgen Inc. and its subsidiaries have engaged in unlawful monopolistic practices that have inflated the cost of the blockbuster drug Enbrel.
There is often confusion between the functions of “diligence” and “disclosure” in a mergers and acquisitions transaction. Diligence and disclosure have a lot of conceptual and substantive crossover, but serve very different roles in a transaction, and both deserve the full attention of parties and counsel. In fact, disclosure (on the behalf of a seller), and understanding the seller’s disclosures (on the behalf of a buyer) are arguably one of the most important parts of any MA& transaction.
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