Michael Geist
OCTOBER 25, 2024
Last week, Green College, an interdisciplinary graduate college on the campus of the University of British Columbia in Vancouver, hosted a medieval workshop titled The Writing of Ancient Christianity in Late Antiquity and the Middle Ages. As the title would suggest, the workshop was highly specialized and of limited interest to anyone outside of the scholarly field.
IP Watchdog
OCTOBER 25, 2024
The U.S. Copyright Office today issued its final rule adopting exemptions under the Digital Millennium Copyright Act (DMCA), which prohibits circumvention of technological protection measures (TPMs) that control access to copyrighted works. The Office engages in such rulemaking every three years. This is the ninth triennial Section 1201 rulemaking since passage of the DMCA in 1998.
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JD Supra Law
OCTOBER 25, 2024
On October 10, 2024, the USPTO issued a final rule allowing parties to proceed without backup counsel in AIA proceedings and implementing an automatic admission process for pro hac vice attorneys. Full text of the final rule can be found here. The new regulations are intended to improve access to the PTAB and streamline existing processes. Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, 89 Fed.
Patently-O
OCTOBER 25, 2024
by Dennis Crouch Throughout its 40-year history, the Federal Circuit has been largely negative toward the doctrine of equivalents (and exceedingly negative toward the reverse DOE). This negativity includes repeatedly taking decisions out of the jury’s hands based upon insufficient evidence of equivalency. In a new decision, a 2-1 majority continues this trend, holding that conclusory expert testimony is insufficient even for relatively simple technologies.
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?
IP Law 360
OCTOBER 25, 2024
Healthcare tech company Masimo Corp. beat all but three of 16 Apple Inc. Apple Watch patent claims Friday at the close of a five-day jury trial that put more prestige and bragging rights than cash on the line.
TorrentFreak
OCTOBER 25, 2024
With war still raging in Ukraine, writing about the collateral damage to Russia’s cinema industry seems vanishingly unimportant. When Disney, Warner Bros., Sony Pictures, Paramount, and Universal left the Russian market, some celebrated their exit as a positive for local cinema. Opportunities for local filmmakers would appear in greater numbers than ever before, some assured, and the entire ecosystem would only thrive without unwanted Western influence.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
OCTOBER 25, 2024
The rapid advancement of artificial intelligence (AI) technologies is fueling a surge in global patent filings for AI-related innovations, but differences in national patent laws and examination standards for such inventions pose challenges for AI solution developers aiming to protect intellectual property (IP) rights for their inventions across multiple jurisdictions.
Kluwer Copyright Blog
OCTOBER 25, 2024
Image from pixabay The German Regional Court (Landgericht) of Hamburg handed down its judgment in the LAION case on 27 September 2024 (file no. 310 O 227/23, published in German here ). The key points of the decision are as follows: The reproduction of works for the purpose of creating URL lists that can be used for artificial intelligence training does not fall under the temporary reproduction exception under Section 44a German Copyright Act (Art. 5(1) EU InfoSoc Directive 2001/29 [InfoSoc Dire
JD Supra Law
OCTOBER 25, 2024
On October 14, 2024, Accord BioPharma, Inc. announced that the FDA has approved IMULDOSA (ustekinumab-srlf), a biosimilar to Johnson & Johnson’s STELARA (ustekinumab), indicated for the treatment of chronic inflammatory conditions, including psoriasis, psoriatic arthritis, Crohn’s disease, and ulcerative colitis.
IP Law 360
OCTOBER 25, 2024
McKool Smith patent trial attorney Jennifer Truelove helped Netlist secure $445 million in patent infringement damages awards, and also assisted in getting a $192 million verdict against Samsung for Mojo Mobility and a $142 million award for another company, earning her a spot as one of the 2024 Law360 IP MVPs.
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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
OCTOBER 25, 2024
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third Time’s a Charm for OMG Girlz, with $71.5M Verdict - A jury in the U.S. District Court for the Southern District of California recently awarded $71.
IP Watchdog
OCTOBER 25, 2024
This week in Other Barks & Bites: the USPTO is changing its approach to auditing trademark applications; the production company behind Blade Runner 2049 sues Tesla for AI-aided copyright infringement;a former OpenAI staffer publishes an essay accusing his former employer of breaking copyright law; and Microsoft’s CEO asks countries to change their copyright law.
JD Supra Law
OCTOBER 25, 2024
In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against several Artificial Intelligence (AI) companies, alleging that the companies’ various AI models violated copyright law by using the artists’ work in their training data sets.
IP Law 360
OCTOBER 25, 2024
The Ninth Circuit on Friday upheld the seven-year prison sentence imposed on a former University of California, Los Angeles, electrical engineering professor convicted of illegally exporting high-powered semiconductor chips to China, saying the district court did not err in holding that the conduct amounted to an evasion of national security controls.
JD Supra Law
OCTOBER 25, 2024
For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The Briefing.
IP Law 360
OCTOBER 25, 2024
Two new petitions in front of the U.S. Patent and Trademark Office director say the patent administrative board created "a heightened new standard" in one instance and a trade secrets "loophole" in another in order to protect patents covering purportedly novel corn seeds developed by a unit of DowDuPont spin-off Corteva.
JD Supra Law
OCTOBER 25, 2024
For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The Briefing.
IP Law 360
OCTOBER 25, 2024
A Massachusetts-based plant breeding startup was able to show that a patent owned by a unit of a DowDuPont spin-off covering a plant gene resistant to weed killers wasn't patentable, the Patent Trial and Appeal Board has found.
CoCal IP Law Institute
OCTOBER 25, 2024
MGA v. T.I. Decision There were big headlines last week when MGA Entertainment Inc. lost in a jury verdict to Grand Hustle LLC (and others) in a trade dress and/or name, image, and likeness rights of the OMG Girlz. But, no articles seem to really discuss the substance of the case in any degree. It [.
IP Law 360
OCTOBER 25, 2024
California labor law doesn't shield OpenAI from producing CEO Sam Altman's and President Greg Brockman's texts and social media messages relevant to a copyright infringement lawsuit, authors alleging OpenAI and Microsoft illegally used their copyrighted works to train artificial intelligence program ChatGPT has told a New York federal judge.
Olartemoure Blog
OCTOBER 25, 2024
ranked band 1 – Intellectual Property – Life Sciences band 4 – Competition and Antitrust – Compliance and White-Collar Crime band 5 – TMT city focus band 1 – Cali – Medellín ranked individuals Hall of Fame Categories: Intellectual Property | Life Sciences Carlos R. Olarte Partner Leading Partners Categories : Intellectual Property | Competition and Antitrust Juan G.
IP Law 360
OCTOBER 25, 2024
As Shira Perlmutter completes four years as the register of copyrights and director of the U.S. Copyright Office, she told attorneys Friday the agency dealt "with just a dizzying array of issues" — with artificial intelligence technology being ever present — but the Copyright Claims Board was one of her top accomplishments.
Olartemoure Blog
OCTOBER 25, 2024
The designation of origin is a key concept in intellectual property. It refers to products whose quality, prestige or characteristics are totally or partially related to the geographical environment in which they are produced. Therefore, they take the name of the region from which they derive. On October 11, the General Secretary of the Andean Community released the first edition of the List of Designations of Origin of the Andean Community , which includes 52 products originating in the Andean
IP Law 360
OCTOBER 25, 2024
Trina Solar Co. Ltd. has advanced its campaign to ban competitors' solar products from the U.S., calling on the U.S. International Trade Commission to prohibit the import of Canadian Solar Inc. products that purportedly infringe its intellectual property.
Olartemoure Blog
OCTOBER 25, 2024
On September 6, 2024, the Superintendency of Personal Data Protection of Ecuador (“Superintendency”) issued its first guide on the registration of special representatives. This regulation requires foreign data controllers and processors that are not based in Ecuador to appoint a special representative domiciled in the country, when they meet the following conditions: They offer goods or services to residents in Ecuador.
IP Law 360
OCTOBER 25, 2024
U.S. Patent Trademark Office Director Kathi Vidal vowed to sanction OpenSky Industries "to the fullest extent of [her] power" for filing a bad faith patent challenge, but then imposed sanctions that, if anything, rewarded the misconduct, VLSI Technology has told the Federal Circuit.
Olartemoure Blog
OCTOBER 25, 2024
On October 10th 2024, the Council of the European Union adopted the Cyber Resilience Act , establishing new cybersecurity requirements for digital products such as cameras, televisions, and connected toys. This law aims to ensure the safety of these products before they are marketed, covering their entire lifecycle and supply chain, and requiring the CE marking that certifies compliance with high safety standards.
IP Law 360
OCTOBER 25, 2024
A man accused by OpenAI of preventing the ChatGPT-maker from registering its name as a trademark urged the Ninth Circuit on Friday to vacate an injunction blocking him from using the "Open AI" mark while his case is pending, arguing he's the mark's senior holder and calling the injunction "extraordinary and unprecedented.
Olartemoure Blog
OCTOBER 25, 2024
As from January 1st, 2025, the 20th edition of the twelfth edition of the Nice Classification, which is available on the website of the World Intellectual Property Organization (WIPO), will enter into force. This update will apply to international applications received by the origin Office on or after January 1st, 2025, and to international applications received by the International Office of WIPO on or after January 01, 2025, when such applications have been received after the two-month period
IP Law 360
OCTOBER 25, 2024
A Wisconsin federal jury has largely found in favor of gardening toolmaker Woodland Tools on allegations that competitor Fiskars Brands made false claims about the design origin and cutting power of Fiskars products including pruners and shears.
Likelihood of Confusion
OCTOBER 25, 2024
Originally posted 2013-01-08 13:57:37. Republished by Blog Post PromoterPresident Obama is suffering from the right-of-publicity blues again. And now maybe we understand why he wants an intellectual property anti-counterfeiting lawyer on the Supreme Court — this could rise to the level of an international incident already, Jack! A blog called Cloned In China explains it […] The post Don’t bother, they’re here appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
OCTOBER 25, 2024
Researchers who want to look into whether generative artificial intelligence was producing content that was discriminatory or explicit won't be exempt from a provision of the Digital Millennium Copyright Act that bars circumventing digital locks on copyrighted material, according to a new rule.
The TTABlog
OCTOBER 25, 2024
The USPTO refused to register the composite word-and-design mark shown below, for cigars, finding confusion likely with the registered mark PASION for, inter alia , cigars. Applicant argued on appeal that it had prior use of its mark, that it sells its cigars in two Philadelphia stores and at its website whereas the registrant's cigars are sold in New York City and on its own website, that the websites feature different color schemes, that customers will exercise care in their purchasing decisio
IP Law 360
OCTOBER 25, 2024
Drywall manufacturer National Gypsum has convinced a Chicago federal judge that new shades of pink used by a company that makes shower wall niches broke the terms of an injunction that was issued after a jury sided with National Gypsum in a legal dispute over the use of the color purple in construction materials.
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