Intellectual Property Law Blog

NOVEMBER 8, 2023

In Apple Inc. v. Corephotonics, LTD. , the court addressed two final written decisions in inter partes review (“IPR”) proceedings and in particular (1) whether the Patent Trial and Appeal Board’s (“PTAB” or “Board”) claim construction is correct when the intrinsic evidence supports a different construction and relatedly whether the PTAB’s first final written decision relying on its claim construction should be vacated and remanded and (2) whether, in the second final written decision, the PTAB’s

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Plagiarism Today

NOVEMBER 8, 2023

Paramount continues to battle Top Gun case, FTC files AI comments with the Copyright Office and Lynn Goldsmith details legal fight costs. The post 3 Count: Top Gun Summary appeared first on Plagiarism Today.

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Intellectual Property Law Blog

NOVEMBER 8, 2023

In Great Concepts, LLC, v. Chutter, Inc. , the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No. 2929764 (the “’764 Mark”), for a restaurant.

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Plagiarism Today

NOVEMBER 8, 2023

Bob Belcher may be best known as a nice, polite every man. But what happens when he becomes the victim of plagiarism by Jimmy Pesto? The post Plagiarism in Pop Culture: Bob’s Burgers appeared first on Plagiarism Today.

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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?

Technology

TorrentFreak

NOVEMBER 8, 2023

This week marks the one-year anniversary of the United States government’s crackdown on Z-Library , one of the world’s largest shadow libraries. With legal proceedings underway in the United States, authorities have not given up trying to take Z-Library down. One of the site’s primary login domains, singlelogin.me, was seized alongside other domains early May this year.

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IP Watchdog

NOVEMBER 8, 2023

The Senate Subcommittee on Intellectual Property held a hearing today featuring witnesses who weighed in on the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which was introduced in June by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL) and Mazie Hirono (D-HI). Today’s was the sixth hearing of the IP Subcommittee this year.

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Biswajit Sarkar Copyright Blog

NOVEMBER 8, 2023

Novo Nordisk’s Ozempic, also known as semaglutide, is a drug generally used to treat type-2 diabetes. However, the market for Ozempic is facing major shortages in supply globally due to its off-label use. The drug has gone viral over social media due to its side effect- weight loss. Amidst all this, the legal state of Ozempic has been looking glum with it facing patent disputes and also, a rising issue involving its counterfeits.

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JD Supra Law

NOVEMBER 8, 2023

Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference, meticulously crafted by our nationally recognized Trade Secrets, Computer Fraud, and Non-Competes practice group, serves as an indispensable resource for navigating the intricate landscape of non-compete and trade secrets law across the United States.

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IP Law 360

NOVEMBER 8, 2023

Dish Network has been accused in a federal lawsuit of infringing two patents about skipping commercials with its line of Hopper brand digital video recorder devices.

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Patent Branding Branding Brands 75

JD Supra Law

NOVEMBER 8, 2023

QUESTIONS COVERED IN THIS WEBINAR What are the main types of intellectual property (patents, copyrights, trademarks, and trade secrets), and what distinguishes each one? How does the Department of Defense's policy impact the acquisition of data and software rights? What is the difference in acquisition and handling of commercial versus non-commercial items, specifically in relation to technical data and computer software?

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Advertiser: IPO

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.

Patent

IP Law 360

NOVEMBER 8, 2023

Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

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JD Supra Law

NOVEMBER 8, 2023

A California semiconductor manufacturer cannot pursue in court its claims of trade secret misappropriation against a rival company while simultaneously arbitrating the same claims against the allegedly larcenous employee, a state appeals court recently found. In Mattson Technology, Inc. v. Applied Materials, Inc., a California Court of Appeal ruled that the trial court erred by not staying Applied Materials’ trade secret misappropriation claims against rival Mattson Technology while Applied.

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SpicyIP

NOVEMBER 8, 2023

[This post has been co-authored with Rahul Bajaj. All views expressed are personal]. Market dynamics in the health and innovation space are making the biotech and life sciences sector an industry to watch out for. Trends such as the association of AI with life sciences, the growth of start-ups / non-traditional companies investing in life sciences, reduced spending on small molecule-drugs and promising new biotech treatments, indicate that windows of opportunity for investment in this sector are

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The TTABlog

NOVEMBER 8, 2023

Here are three recent appeals from Section 2(d) refusals. At least one of the refusals was reversed. How do you think these came out? Answers will be found in the first comment. In re Total Tax Experience, LLC , Serial No. 90502524 (November 6, 2023) [not precedential] (Opinion by Judge Karen S. Kuhlke). [Section 2(d) refusal of THE TAX COP for "a series of printed books, printed articles, printed handouts and printed worksheets in the field of tax planning, tax strategy, and tax relief; Printed

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Designs Design Copyright 69

JD Supra Law

NOVEMBER 8, 2023

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held, in a 7-2 decision, that the Andy Warhol Foundation for the Visual Arts (AWF) infringed photographer Lynn Goldsmith’s copyright when it sold the right to use one of Andy Warhol’s images of Prince to Condé Nast without authorization from Goldsmith.

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IP Law 360

NOVEMBER 8, 2023

The rapidly developing landscape of generative AI and the related legal and regulatory concerns means that what is compliant today may not be tomorrow, and companies must take a pragmatic approach to compliance that anticipates future legal changes, say attorneys at Goodwin.

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JD Supra Law

NOVEMBER 8, 2023

On Oct. 30, Judge William Orrick of the U.S. District Court for the Northern District of California largely sided with defendants Stability AI, DeviantArt and Midjourney in the generative AI-copyright infringement suit brought by a trio of artists. Judge Orrick found plaintiffs’ complaint “defective in numerous aspects” and gave plaintiffs leave to amend “to provide clarity regarding their theories of how each defendant separately violated their copyrights, removed or altered their copyright.

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Copyright Infringement Copyright 65

IP Watchdog

NOVEMBER 8, 2023

The U.S. Patent and Trademark Office’s (USPTO’s) delay in retiring EFS-Web and Patent Center is welcome news. But my fear is the announcement could be just another display of the magical thinking, disregard of engineering and legal process, and deafness to stakeholder input that has been the hallmark of the USPTO’s software processes.

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JD Supra Law

NOVEMBER 8, 2023

More and more, when negotiating licenses for standard essential patents (SEPs) on fair, reasonable, and non-disciminatory (FRAND) terms, there has been an increased emphasis on the idea of a “willing" licensor or licensee. Indeed, being unwilling now has tangible repercussions.

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IP Watchdog

NOVEMBER 8, 2023

On November 7, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, dismissing Allgenesis’ appeal after an unsuccessful challenge to Cloudbreak’s patent claims at the Patent Trial and Appeal Board (PTAB). The Federal Circuit ruled that Allgenesis lacked Article III standing to bring the appeal for failing to establish an injury in fact stemming from potential infringement liability or the impac

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Marketing Marketing Patent Patent Infringement 59

JD Supra Law

NOVEMBER 8, 2023

A perennial challenge in patenting is to both cover your product and block design-arounds. It is understandably frustrating to incur the expense and disclosure requirements of the patent process only to find that a competitor is fielding a product just outside the scope of your claims. The competitor may have even carefully studied and actively designed around the claims.

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Design Designs Patent 62

SpicyIP

NOVEMBER 8, 2023

Image from here As October passed, Halloween festivities and the Day of the Dead provided a backdrop for contemplating the past. After all, reflecting on what’s passed helps us anticipate what’s ahead. This brings me to my Octobers’ sift – a sift that yielded some sinuous ​​IP stories. Those who haven’t checked our Sifting Through SpicyIP Pages series yet, can check SpicyIP Flashbacks and see what we found thus far while journeying through the months of Junes , Julys , Augusts , and

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Trademark Publishing Journalism Copyright 59

JD Supra Law

NOVEMBER 8, 2023

As we’ve written about in prior posts, it’s possible under U.S. trademark law for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services.

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CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.

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Copyright Law Copyright Ownership Law 52

JD Supra Law

NOVEMBER 8, 2023

A patent challenger identified a witness as a person with relevant knowledge in Rule 26(a) disclosures and interrogatory responses, and the patentee deposed the witness. Surely the witness can testify at trial, right? The answer: not as to the challenger's prior use anticipation defense.

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IP Law 360

NOVEMBER 8, 2023

Amazon, Cisco, Dell, Microsoft and other major companies told a trio of federal agencies that the global licensing system for standard-essential patents lacks transparency needed to evaluate whether a license offer is fair, reasonable and nondiscriminatory.

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Licensing Patent 52

LexBlog IP

NOVEMBER 8, 2023

In Great Concepts, LLC, v. Chutter, Inc. , the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No. 2929764 (the “’764 Mark”), for a restaurant.

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Registration Trademark Litigation Law 52

Patent Trademark Blog

NOVEMBER 8, 2023

Can you speed up a China trademark application? Starting in 2022, you can now seek a faster registration of your trademark in China. The Chinese trademark office, known as the China National Intellectual Property Administration (CNIPA) , will now accept requests for expedited trademark examination. To fast track your China trademark application, a request must meet certain requirements.

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LexBlog IP

NOVEMBER 8, 2023

In Apple Inc. v. Corephotonics, LTD. , the court addressed two final written decisions in inter partes review (“IPR”) proceedings and in particular (1) whether the Patent Trial and Appeal Board’s (“PTAB” or “Board”) claim construction is correct when the intrinsic evidence supports a different construction and relatedly whether the PTAB’s first final written decision relying on its claim construction should be vacated and remanded and (2) whether,

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Art Invention Patent Intellectual Property 52

IP Watchdog

NOVEMBER 8, 2023

On August 22, 2023, the U.S. Court of Appeals for the Federal Circuit issued yet another decision reinforcing what can only be described as the “lead compound” rule for challenging pharmaceutical and other chemical compound patents on the basis of obviousness. The Federal Circuit has been utilizing the “lead compound” construct since around 2000. The Sun panel cited an earlier decision which couched the construct as something the court “ordinarily” employs.

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LexBlog IP

NOVEMBER 8, 2023

Introduction The Federal Circuit recently released an eye-catching opinion in Great Concepts, LLC v. Chutter, Inc. , — F. 4 th –, Case No. 2022-1212, 2023 WL 6854647 (Fed. Cir. Oct. 18, 2023). The panel of three judges held, in a two-to-one decision, that the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) did not have the authority to cancel the registration of a mark made incontestable by way of a fraudulent declaration.

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Corsearch

NOVEMBER 8, 2023

If you are running an online business, you are using a domain name. Your domain name is the backbone of your digital presence. It’s one of the most important things for your visitors to know and remember, and it’s a critical component of your omnichannel marketing strategy. However, there are a few things that can be disruptive or destructive to your brand like bad actors stealing your company’s domain name and doing with it whatever they wish.

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LexBlog IP

NOVEMBER 8, 2023

Introduction This case (1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops). The judgment also dealt with the presumption of management and protection representative authority for CMOs.

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The TTABlog

NOVEMBER 8, 2023

When I started this blog in 2004, I never dreamed it would still be going strong (more or less) nineteen years later. Eighteen maybe, but not nineteen. The TTABlog debuted on November 8, 2004, with a post entitled "Leo Stoller Loses Again." (here ). Remember him? Here we are, over 5,300 blog posts and 15,000 "tweets" later. Thank you all for reading!

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LexBlog IP

NOVEMBER 8, 2023

Controversial Proposals Given Air Time at Year End The U.S Senate Judiciary Committee will hold a hearing today entitled: “ Reforming the Patent Trial and Appeal Board – The PREVAIL Act and Proposals to Promote U.S. Innovation Leadership.” The hearing appears to be an effort to engender perception that the Prevail Act has some level of traction on the Hill.

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