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When Nintendo sued the people behind Switch emulator Yuzu in February, the company knew that establishing certain facts would send the clearest possible message to those considering similar conduct. The conclusion of that lawsuit declared that an emulator like Yuzu, that circumvents Nintendo’s technical measures, decrypts Switch games using unauthorized copies of Switch cryptographic keys, allowing games to be played on anything other than a Switch, violates copyright law.
Introduction Copyright protection is essential for independent artists to secure the recognition and fair compensation they deserve. In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation. Registering a song’s copyright provides proof of ownership, an invaluable tool in resolving disputes or dealing with unauthorized use.
The inception and early years of The Pirate Bay are an intriguing chapter of the Internet’s history. Founded by the Piratbyrån group, The Pirate Bay and its founders embraced the power of the new BitTorrent technology: to copy culture en masse. By doing so, they altered the public discourse, openly taunting the entertainment industries in the process.
Small business owners should consider securing a federal trademark registration as a means of safeguarding their business identity and distinguishing themselves from competitors. Although you are not required to register a tradename or a logo and can acquire common law rights simply by using the trademark in commerce, registration allows a company to establish exclusive rights to its brand name, logo, slogan, or product name or designs.
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 “Infringing Website List” (IWL) was launched in March 2014 as part of the Police Intellectual Property Crime Unit’s (PIPCU) efforts to combat intellectual property crime. The IWL is a component of Operation Creative, a multi-agency initiative led by PIPCU at City of London Police, with support from partners across the creative and advertising industries.
On September 24, 2024, the PTAB denied institution of a post-grant review proceeding initiated by Inari Agriculture, Inc. (Petitioner) against Pioneer Hi-Bred International, Inc. (Patent Owner). The patent at issue was U.S. Patent No. 11,659,803 (“the ’803 patent”) titled “Maize Inbred 1PFLQ21.” The ’803 patent is directed to a genetically engineered hybrid inbred maize seed and plant (1PFLQ21) that is both more resilient than other maize varieties and produces more useful commodity ingredients.
Plaintiff William Miller filed suit against Empire News, LLC (Defendant) for the unauthorized use of a copyrighted photograph depicting migrants being displaced from the Watson Hotel. The lawsuit asserts violations of the Copyright Act ( 17 U.S.C. §101 et seq. ) and the Digital Millennium Copyright Act ( 17 U.S.C. §1202(b) ). The Plaintiff asserts exclusive rights to the photograph in question, which he reports was first published on January 30, 2023, and later registered by the U.S.
Plaintiff William Miller filed suit against Empire News, LLC (Defendant) for the unauthorized use of a copyrighted photograph depicting migrants being displaced from the Watson Hotel. The lawsuit asserts violations of the Copyright Act ( 17 U.S.C. §101 et seq. ) and the Digital Millennium Copyright Act ( 17 U.S.C. §1202(b) ). The Plaintiff asserts exclusive rights to the photograph in question, which he reports was first published on January 30, 2023, and later registered by the U.S.
The U.S. District Court for the Southern District of New York on Thursday, November 7, dismissed a copyright infringement complaint filed by Raw Story Media and Alternet Media against OpenAI, holding that the news outlets lacked Article III standing to bring their claims. However, the court left open the possibility for the sites to file an amended complaint.
The U.S. Supreme Court must reckon with the Federal Circuit's "disconcerting pattern" of affirming decisions from the Patent Trial and Appeal Board with one-word orders, patent holder ParkerVision Inc. has told the justices, saying that by failing to explain its reasoning, the court is creating uncertainty that is stifling innovation.
Venable LLP’s Patent Prosecution and Counseling group seeks a patent agent with three or more years of experience and a background in electrical engineering, computer engineering, or computer science to join the practice in the Washington, D.C., or New York office. The qualified candidate is a registered patent agent with at least three years of experience and should hold an electrical engineering, computer engineering, or computer science degree.
Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection.
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.
This week in Other Barks & Bites: a World Intellectual Property Organization (WIPO) report finds global patent filings at a record high with China leading the way; Universal Music Group sues Believe Music for copyright infringement; and a New York district judge dismisses a copyright infringement lawsuit filed against OpenAI.
A retired Apple executive defended the tech giant Friday in Masimo's trade secret suit over pulse oximetry technology, testifying in California federal court that Apple didn't hire a Masimo spinoff's chief technology office in order to obtain confidential information for the Apple Watch and never received any such information.
Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection.
A trio of Federal Circuit judges took a complex question tied to whether Teva should be able to include inhaler patents in the U.S. Food and Drug Administration's Orange Book and tried to make it simple: Does owning a patent for a steering wheel mean you claim the whole car?
In the early to mid-2000s, Yahoo! worked to develop and refine its search engine capabilities. During this period, Yahoo! obtained U.S. Patent Nos. 8,341,157, 7,698,329, 8,209,317, 9,805,097, and 8,527,623, which are generally related to methods of improving the quality of results in a search engine.
The Federal Circuit won't breathe new life into GeoComply's infringement suit against its geolocation competitor XPoint over an anti-location-spoofing patent, affirming a lower court's dismissal.
This post summarizes two federal patent cases from the Eastern District and Western District of Texas issued in October 2024. The decisions considered the defendants’ motions to stay the cases pending the resolution of inter partes reviews (IPRs) or related appeals.
PPG Industries told a Pennsylvania federal judge Friday that Sherwin-Williams should pay it $23 million in attorney fees after the Federal Circuit backed a jury's verdict invalidating five paint coating patents, saying the litigation was "premised on directly contradicting" admissions Sherwin made to the U.S. Patent and Trademark Office.
On October 30, 2024, Shanghai Henlius Biotech and Organon announced that the FDA has accepted the Biologic License Application (BLA) for HLX14, a proposed biosimilar to PROLIA/XGEVA (denosumab). In 2022, Shanghai Henlius Biotech granted Organon exclusive commercialization rights for HLX14 in the U.S., EU, and Canada.
A company alleging patent infringement through Amazon's patent evaluation program is urging the U.S. Supreme Court to take up its appeal of a Federal Circuit ruling that said it had to face a declaratory judgment suit in the purported infringer's home state.
In the third part of his three part post on personality rights, Akshat discusses the real implications of granting broad personality rights to celebrities. Part I and II of this post can be accessed here and here. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law.
A Delaware vice chancellor on Friday dismissed a lawsuit filed by Swiss microchip maker u-blox AG against tech licensor InterDigital Inc., finding among other points that u-blox was barred from moving forward with potentially unsettled claims arising from the same issues in a California federal court case.
[This three part post is authored by Akshat Agrawal. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He would like to thank Sneha Jain and Angad Makkar for their comments and discussion. He adds the following disclaimer: After some discussion around an earlier draft and an admitted history of verbosity, I would also like to acknowledge the usage of Claude.ai for
A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.
by Dennis Crouch The Supreme Court currently has before it a unique opportunity to address a longstanding problem with the Federal Circuit’s practice of issuing no-opinion summary affirmances in patent cases. The recently filed ParkerVision petition presents a compelling argument that the Federal Circuit’s heavy reliance on Local Rule 36 judgments violates 35 U.S.C. § 144’s requirement that the court “shall issue… its mandate and opinion” when deciding appeals
A government contractor implicated in allegations that the U.S. infringed patents for contactless data carriers must turn over portions of a former employee's emails because the correspondence contains facts not protected by attorney-client privilege, the U.S. Court of Federal Claims has ruled.
"It was twenty years ago today." When I started this blog in 2004, I never dreamed it would still be going strong (more or less) twenty years later. Eighteen or nineteen maybe, but not twenty. The TTABlog debuted on November 8, 2004, with a post entitled "Leo Stoller Loses Again." (here ). Remember him? Here we are, more than 5,600 blog posts and 15,000 "tweets" later.
by Dennis Crouch Today at 2pm Eastern, the Federal Circuit will hear arguments in a case that could significantly shape pharmaceutical patent listing practices under the Hatch-Waxman Act. In Teva v. Amneal (No. 24-1936), the court will consider whether device patents that don't explicitly recite active drug ingredients can be properly listed in FDA's Orange Book.
Prime Hydration, a sports beverage company co-founded by social media influencer and wrestler Logan Paul, has struck back at a trademark infringement complaint from the United States Olympic & Paralympic Committee, accusing it of taking a "shotgun pleading" approach without supporting its claims.
[Like many of you, I am still trying to make sense of the election results. I’ll restart my normal blogging, but I’m having trouble focusing.] This is a design patent SAD Scheme case before Judge Jeremy C. Daniel in the Northern District of Illinois. (He’s a Biden appointee from 2023). Immediately after the plaintiff filed its papers on November 1, Judge Daniel sua sponte issues an order that starts: experience has shown that not all defendants named in a Schedule A case work t
A veteran life sciences patent litigator has jumped from Allen Overy Shearman Sterling to White & Case LLP in New York, expanding the firm’s capabilities to represent medical and pharmaceutical industry clients in complex litigation.
Continuing to debunk the myth around the need for a higher degree of protection to celebrities, Akshat Agrawal in Part II of his post discusses some more repudiations justifying the use of celebrities’ names, images, likeness and voices. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law.
The Walt Disney Co. and subsidiaries like Hulu and ESPN have been hit with a federal lawsuit claiming that the entertainment giant's various streaming services infringe a series of media patents owned by Adeia Technologies Inc.
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