Plagiarism Today
JANUARY 9, 2024
In a recent decision, the Copyright Claims Board ruled in favor of a respondent, even though the respondent was in default. The post Copyright Claims Board Sides with Defaulting Party in Judgement appeared first on Plagiarism Today.
Erik K Pelton
JANUARY 9, 2024
Proper evidence of use is important for every trademark application, and for clothing it can be particularly tricky. Erik shares tips in this video. The post Proper Evidence of Use for Clothing Trademarks appeared first on Erik M Pelton & Associates, PLLC. Proper evidence of use is important for every trademark application, and for clothing it can be particularly tricky.
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Plagiarism Today
JANUARY 9, 2024
OpenAI claims its impossible to train AI without copyrighted works, Midjourney lists artists used in their and video piracy on the rise, The post 3 Count: AI Battles appeared first on Plagiarism Today.
IP Watchdog
JANUARY 9, 2024
The U.S. Patent and Trademark Office (USPTO) published guidelines for examiners today on the topic of enablement in light of the Supreme Court’s May 2023 decision in Amgen v. Sanofi. The Office’s view seems to largely mesh with what our guest authors concluded earlier today—Amgen isn’t getting rid of In re Wands and—at the USPTO at least—the decision has seemingly maintained the status quo.
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
JANUARY 9, 2024
Despite the widespread availability of legal options, online piracy remains rampant. Every day pirate sites are visited hundreds of millions of times. This presents a serious problem for major content producers, Hollywood studios included, who are working hard to shut down the most egregious piracy sources. 141 Billion Visits in 2023 Fresh data released by piracy tracking outfit MUSO and consulting firm Kearney suggests that piracy remains rampant nonetheless.
IP Watchdog
JANUARY 9, 2024
Last term, the U.S. Supreme Court did something strange: the Court unanimously affirmed a circuit decision, which had unanimously affirmed a trial court decision. Little about the law seemed ripe for dispute or change, nevertheless, in Amgen v. Sanofi the Supreme Court spoke. Seven months later, innovators and patent practitioners are still scratching their heads.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The Illusion of More
JANUARY 9, 2024
Last week, writer and broadcaster Andrew Keen invited me to his podcast Keen On to talk (of course) about artificial intelligence. When we got to the subject of the New York Times lawsuit against Open AI and Microsoft, I noted that 1) it is arguably the strongest copyright case presented to date against an AI […] The post Recent AI Copyright Lawsuits Are About More than Compensation for Authors appeared first on The Illusion of More.
IP Law 360
JANUARY 9, 2024
Apple has reached settlements with six former engineers it accused of stealing trade secrets and sharing them with startup chipmaker Rivos Inc., deals in which the engineers agreed to delete or return to Apple confidential information in their possession, according to notices filed in California federal court.
IP and Legal Filings
JANUARY 9, 2024
INTRODUCTION “While we want this Constitution to be as solid and as permanent a structure as we can make it, nevertheless there is no permanence in the Constitutions. There should be certain flexibility. If you make anything rigid and permanent, you stop a nation’s growth, the growth of a living, vital and organic people” ~ Jawaharlal Nehru The most fundamental rule of interpretation is to rely on the plain meaning of the statute.
Christopher Roser
JANUARY 9, 2024
In manufacturing, a common sentiment is that the line (or generally the process) must run. There is some truth to that, but—counterintuitively—for a system to run well you need to know when to stop it too. This is my second post in a series giving you an overview on when it may be better to. Read more The post Keep Calm and Stop the Line—Part 2 first appeared on AllAboutLean.com.
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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
JANUARY 9, 2024
Most in-house counsel periodically encounter branding questions — and the business team wants answers … yesterday! To give you a head start, this article discusses a key branding question that companies frequently face and provides a roadmap for addressing it.
IP Close Up
JANUARY 9, 2024
The most anticipated entry to the public domain, “Steamboat Willie,” an animated short featuring and early incarnation of Mickey Mouse, became available royalty-free to all Continue reading
Technology & Marketing Law Blog
JANUARY 9, 2024
The plaintiffs are parents of Snapchat users who purchased fentanyl from other Snapchat users and suffered overdoses. They sued Snapchat for a wide ranges of tort claims. To get around the clear Section 230 barrier to those claims, the plaintiffs attempted the now-standard Lemmon v. Snap workaround of claiming to sue over Snap’s first-party product design choices, not the drug dealers’ content: Plaintiffs disavow any claim based upon Snap’s activities as a publisher of the thir
JD Supra Law
JANUARY 9, 2024
Welcome to our 2023 Trade Secret and Restrictive Covenant Year in Review. 2023 was a busy year in this space, but not as busy as many expected. Although multiple states introduced restrictive covenant legislation, the most significant shock waves through the legal and business community concerned legislation and administrative activity that never materialized.
The TTABlog
JANUARY 9, 2024
Color me unsurprised. The Board upheld a refusal to register the proposed color mark shown below, consisting of the colors "yellow, green, light blue, purple, orange, red and pink" for "breakfast cereals," under Trademark Act Sections 1, 2, and 45, on the ground that the color mark is not inherently distinctive, lacks acquired distinctiveness, and therefore fails to function as a source indicator.
JD Supra Law
JANUARY 9, 2024
A California jury has awarded a photographer reportedly the “largest maximum statutory damages verdict for photography infringement in U.S. history,” according to the photographer’s lawyer. The jury awarded $150,000 in statutory damages for each of the 43 infringed images, for a total of $6.3 million.
IP Law 360
JANUARY 9, 2024
A split Federal Circuit panel on Tuesday backed a lower court's finding that a pair of IBM patents were not valid under the U.S. Supreme Court's Alice test, handing a win to Zillow, which had been accused of infringing the patents with its real estate website and app.
JD Supra Law
JANUARY 9, 2024
With the J.P. Morgan Healthcare Conference taking place in San Francisco this week, what better time for an update on the Orange Book? The US Federal Trade Commission (FTC), supported by the US Food and Drug Administration (FDA), recently issued a policy statement describing how the FTC intends to “scrutinize improper Orange Book listings” to identify potential violations of Section 5 of the FTC Act, which prohibits “unfair methods of competition.”.
IP Law 360
JANUARY 9, 2024
A startup founder seeking $1.6 billion from Google for allegedly infringing his computing patents to boost the power of its artificial intelligence products told a Massachusetts federal jury Tuesday that a Google worker admitted in an email that the tech giant's AI work was "quite corrupted" by the founder's ideas.
JD Supra Law
JANUARY 9, 2024
A cease-and-desist (C&D) letter typically demands that the recipient stop (cease) doing something now and avoid (desist from) doing it in the future, or risk being sued. The steps you take after receiving a C&D letter can critically impact how the potential dispute affects your business (as discussed in our related IP Update regarding trademark and brand protection).
Copyright Alliance
JANUARY 9, 2024
Copyright enthusiasts knew that 2023 would bring with it a highly anticipated decision in one of the biggest fair use cases in decades: Andy Warhol Foundation v. Lynn Goldsmith. Indeed, […] The post Copyright Cases in 2023: A Year in Review appeared first on Copyright Alliance.
JD Supra Law
JANUARY 9, 2024
On November 1, 2023, in a first-of-its kind decision, the Ninth Circuit revived a copyright lawsuit based on dance choreography. Hanagmi v. Epic Games pitted Viral celebrity choreographer Kyle Hanagami against Epic Games, owner of the incredibly popular Fortnite video game.
IP Watchdog
JANUARY 9, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed two decisions of the Patent Trial and Appeal Board (PTAB) that invalidated some claims and upheld others of a patent owned by Personal Genomics Taiwan, Inc. Based on the PTAB’s claim construction, which the CAFC agreed with, the decision held that Pacific Biosciences had failed to prove the prior art taught the limitation of the preamble phrase of claim 1 in one inter partes review, (IPR) but did prove a different prior art
JD Supra Law
JANUARY 9, 2024
An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry.
IP Watchdog
JANUARY 9, 2024
As we enter 2024, major policy initiatives are pending at the United States Patent and Trademark Office (USPTO) and in Congress aimed at overhauling certain aspects of Patent Trial and Appeal Board (PTAB) practice. These initiatives—the Advance Notice of Proposed Rulemaking (ANPRM) and PREVAIL Act, respectively, are at a critical point, with elections less than a year away.
JD Supra Law
JANUARY 9, 2024
Copyright infringement is a significant problem for operators of news websites. As any journalism organization knows, producing original news content is a costly endeavor. All too often, sophisticated and amateur infringers alike copy content from news websites without permission and pass it off as their own – in many cases forcing legitimate news organizations to compete with their own content for views and advertising dollars.
Kluwer Copyright Blog
JANUARY 9, 2024
Photo by Heliberto Arias on Unsplash A loophole in copyright protection? The 2009 directive on the legal protection of computer programs (the Software Directive ) grants copyright protection to all forms of expression of computer programs. Its Article 4(1) mentions three exclusive rights. The first is the reproduction right, which covers not only permanent copies but also temporary copies loaded into the volatile memory of a computer.
JD Supra Law
JANUARY 9, 2024
Here is what we cover in this issue of The Employment Law Reporter: •A federal district court in New York has dismissed employment discrimination claims brought under the Age Discrimination in Employment Act of 1967 and Title I of the Americans with Disabilities Act of 1990, finding that the plaintiff failed to meet the requirements for asserting claims under those statutes.
The IPKat
JANUARY 9, 2024
If you’re interested in copyright issues - including from a comparative (U.S. and European) perspective - and are going to be in New York City on 1 February, then come along to Fordham Law School (150 W 62nd St) to participate in an evening of discussions kicking off at 18:00! The event, titled ‘ Transatlantic Dialogue on Copyright and the Court of Justice of the European Union ’ , consists of a panel discussion addressing topical issues in the field of copyright, including: Artificial Intellige
JD Supra Law
JANUARY 9, 2024
On January 1, 2024, the copyrighted 1928 motion picture “Steamboat Willie,” featuring one of the earlier-versions of Mickey Mouse, became public domain. The copyright protection for the motion picture expired, meaning that the characters, storyline, and other formerly protected elements are now able to be freely accessed and used by the public, without the requirement for the copyright owner to give permission for the use of the copyrighted material.
Likelihood of Confusion
JANUARY 9, 2024
If it’s a “meatball sundae,” perhaps very little you’d want to eat. How much, really, does a name matter in business success? As I have mentioned before, clients have come. The post What’s in a name? appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JANUARY 9, 2024
On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. District Court for the District of Delaware District Court granted summary judgment for Sarepta and ruled that University of Pennsylvania’s (“Penn”) U.S. Patent No. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter.
IP Law 360
JANUARY 9, 2024
A new report says the U.S. Patent and Trademark Office is fielding more patent applications than ever, while the number of patents the agency is actually granting has hit its lowest level since 2019, something a research firm suggests is an issue of an agency backlog.
JD Supra Law
JANUARY 9, 2024
As we have previously reported, in November 2023 Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed complaints against Celltrion, Samsung Bioepis and Formycon (collectively, “the Defendants”) in the U.S. District Court for the Northern District of West Virginia, alleging patent infringement under the Biologics Price Competition and Innovation Act (“BPCIA”) based on the Defendants’ submission of aBLAs for their proposed biosimilars of EYLEA (aflibercept).
IP Law 360
JANUARY 9, 2024
An industrial lighting company on Tuesday urged the Ohio Supreme Court to undo a $1 million attorney fee a competitor won for an earlier appeal in the companies' trade secrets dispute, arguing that the award wasn't permitted after the entry of a final judgment.
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