JD Supra Law
MAY 3, 2024
The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures.
IP and Legal Filings
MAY 3, 2024
The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.
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IP Law 360
MAY 3, 2024
Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal.
TorrentFreak
MAY 3, 2024
This year, major rightsholders are hoping that data from similar programs overseas will persuade Congress that site-blocking is a measured and reasonable response to surging worldwide piracy rates. The usual entrenched positions on whether site blocking is, or indeed is not, a type of censorship in conflict with free speech, will be heard once again.
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
MAY 3, 2024
Grubhub told the U.S. Supreme Court on Friday that there's no need for the justices to review the Seventh Circuit's recent finding that consumers are unlikely to confuse Grubhub's logo with a logo used by Kroger's meal-kit delivery service Home Chef, arguing the trademark case doesn't raise a novel issue warranting review.
JD Supra Law
MAY 3, 2024
In addition to its well-publicized move to prohibit more than 150 million Americans from posting embarrassing dance videos of themselves on TikTok (at least while it is Chinese-owned), the U.S. federal government recently adopted two significant federal data transfer prohibitions: (1) the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (“PADFA”); and (2) an Executive Order entitled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
MAY 3, 2024
In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). .
Patently-O
MAY 3, 2024
by Dennis Crouch In a significant decision on personal jurisdiction in patent cases, the Federal Circuit held that using Amazon’s patent enforcement process (APEX) to target an alleged infringer’s listings can subject the patent owner to specific personal jurisdiction in the alleged infringer’s home state. SnapRays, LLC v. Lighting Def.
JD Supra Law
MAY 3, 2024
On April 30, 2024, the FTC issued a press release and warning letters to ten pharmaceutical companies notifying them that the FTC had “availed [themselves] of the FDA’s regulatory process and submitted patent listing dispute communications to the FDA” identifying patents believed to be improperly listed in the FDA’s “Approved Drug Products with Therapeutic Equivalence Evaluations,” known as the “Orange Book.
IP Law 360
MAY 3, 2024
Artificial intelligence developers Nvidia and Databricks are facing a new round of class action litigation in California federal court, this time from authors like longtime New Yorker writer Susan Orlean and YA scribe Jason Reynolds.
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.
JD Supra Law
MAY 3, 2024
The Federal Trade Commission (FTC) has introduced a transformative rule that bans most non-compete agreements across various industries.[1] Announced on April 23, 2024, following a 3-2 vote by the FTC Commissioners, the rule represents a significant policy shift aimed at increasing market competition and employee mobility. Scheduled to take effect on August 21, 2024, the rule prohibits the use of non-compete clauses in employment contracts, marking a fundamental shift in how companies could.
IP Law 360
MAY 3, 2024
Samsung asked U.S. District Judge Alan Albright to award it $6.7 million in attorneys' fees after beating a $4 billion infringement suit over two semiconductor patents, saying the patent holder's "exceptional misconduct" during the litigation warrants the requested award, according to a motion unsealed on Friday.
JD Supra Law
MAY 3, 2024
On May 2, the United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in SnapRays, d/b/a SnapPower v. Lighting Defense Group, discussing personal jurisdiction and – for the first time – Amazon’s “low-cost procedure. ‘[t]o efficiently resolve claims that third-party product listings infringe utility patents,’” called Amazon Patent Evaluation Express, or “APEX.
IP Law 360
MAY 3, 2024
A patent licensing outfit run by a onetime computer lab director at the University of California, San Francisco, is the latest to go to the U.S. Supreme Court to complain about patent eligibility.
JD Supra Law
MAY 3, 2024
The threshold issue of human authorship as a prerequisite for obtaining copyright registration at the US Copyright Office is currently being litigated in federal court in the District of Columbia. In August 2023, the US District Court for the District of Columbia upheld the Copyright Office’s refusal to approve Dr. Stephen Thaler’s application to register the AI-generated visual work A Recent Entrance to Paradise, shown below, for lack of human authorship.
IP Law 360
MAY 3, 2024
The U.S. International Trade Commission said it is going to look into allegations of whether certain imports of cameras have violated federal law by infringing a variety of patents owned by GoPro.
JD Supra Law
MAY 3, 2024
The final rule is the anticipated result of years of workshops on the topic, and follows the FTC’s January 19, 2023 proposed rule and 90-day public comment period. Enactment of a federal ban is not surprising, given that many states have long prohibited non-compete agreements unless they are reasonable as to time, subject matter, and geography, and a number of states have recently further curtailed the enforcement of non-compete agreements against low-wage or non-technical employees.
IP Law 360
MAY 3, 2024
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
JD Supra Law
MAY 3, 2024
How “knockoff” furniture landed Kim Kardashian in an IP lawsuit Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While Kardashian's counsel denies liability, the case underscores the importance of due diligence in endorsements. Scott Hervey and Jamie Lincenberg from Weintraub Tobin dissect the legal drama in this installment of “The Briefing.”.
The TTABlog
MAY 3, 2024
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods/services. Here are the three such appeals recently decided by the TTAB. How do you think these three came out? No hints this time. [Answers in first comment.] In re TransAd, Inc. , Serial No. 90877894 (April 25, 2024) [not precedential] (Opinion by Judge Mark A.
JD Supra Law
MAY 3, 2024
On April 15, 2024, Fresenius Kabi announced the U.S. launch of Tyenne® (tocilizumab-aazg), the first Actemra® (tocilizumab) biosimilar to launch in the U.S., after receiving FDA approval in March 2024 (see Fresenius Kabi’s Actemra® biosimilar Tyenne® (tocilizumab-aazg) Approved in the U.S.). Tyenne® was the first Actemra® biosimilar to be approved with both IV and SC formulations.
Likelihood of Confusion
MAY 3, 2024
Did I ever say blogging is dead? If I did it must have just been a tough week. There’s lots of great blogging out there, still, by those motivated by ideas and skilled at exposition. The two most obvious examples of bloggers who still matter, in soft IP, are John Welch and Eric Goldman. There […] The post No exceptions appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MAY 3, 2024
On April 30, 2024, the Silicon Valley Arbitration and Mediation Center published the 1st edition of its Guidelines on the Use of AI in Arbitration, which “shall apply when and to the extent that the parties have so agreed and/or following a decision by an arbitral tribunal or an arbitral institution to adopt these Guidelines.”.
IP Law 360
MAY 3, 2024
Filmmakers, authors and law professors have urged the Tenth Circuit to revisit its decision to revive part of a copyright complaint against Netflix for its popular "Tiger King" docuseries, arguing that an appeals panel misapplied the U.S. Supreme Court's landmark Warhol decision when it ruled against the streaming service.
JD Supra Law
MAY 3, 2024
Taking legal action to protect a trade secret is unlike other intellectual property litigation since what you’re trying to protect is a secret. Plaintiffs must navigate a fine line between pleading their complaint with enough specificity to put the Defendant on notice of what they allegedly misappropriated, but not too much to diminish the value of the secret.
IP Law 360
MAY 3, 2024
The Federal Circuit has backed the Patent Trial and Appeal Board's finding that invalidated numerous Ioengine LLC patent claims on card reader technology challenged by Ingenico Inc.
JD Supra Law
MAY 3, 2024
The “Generative AI Copyright Disclosure Act of 2024” is a legislative proposal introduced by Representative Adam Schiff aimed at enhancing transparency in the AI industry. This act requires developers of AI models to disclose any copyrighted materials used in their training datasets to the Register of Copyrights, with detailed notifications including summaries of the “copyrighted works used.”.
IP Law 360
MAY 3, 2024
The Federal Circuit agreed Friday to let the U.S. Patent and Trademark Office rework a trademark board ruling to align it with more recent precedent, a move that lawyers for the maker of the NordicTrack treadmill brand have blasted procedurally as a "rudderless remand.
JD Supra Law
MAY 3, 2024
On April 30, 2024, the United States Patent and Trademark Office (USPTO) published a Request for Comments (RFC) seeking stakeholder input on fifteen questions regarding artificial intelligence (AI) and its impact on (1) prior art, (2) the knowledge of a person having ordinary skill in the art (PHOSITA), and (3) related patentability determinations.
IP Law 360
MAY 3, 2024
A federal judge in Texas has granted Autel's post-trial motion for judgment as a matter of law that it does not infringe an Orange Electronic Co. Ltd. tire pressure monitoring patent, wiping out a $6.6 million jury verdict from June.
JD Supra Law
MAY 3, 2024
Like most states, North Carolina law protects employers from misappropriation of confidential and proprietary trade secrets. Last month, the North Carolina Business Court (a division of the Superior Court that handles complex business cases) dismissed portions of a suit filed by a former employer alleging that the defendant stole trade secrets for use with a competitor.
IP Law 360
MAY 3, 2024
Fintech company Plaid Inc. tried to fend off PNC Bank's allegations it tricked customers into handing over confidential account information, telling a Pennsylvania federal judge on Friday that the bank knew its trademarks were being used on Plaid's system.
JD Supra Law
MAY 3, 2024
The United States Patent and Trademark Office (USPTO) is requesting public comment on how they can accelerate and incentivize the commercialization of innovative technologies. Public comments can be submitted via this link by May 14, 2024.
IP Law 360
MAY 3, 2024
An Arizona federal judge on Thursday agreed to toss Nikola Corp.'s complaint against its former CEO and convicted felon Trevor Milton and several others accusing them of an illegal board takeover by pushing unqualified candidates, after the defendants withdrew their board nominees and the parties amicably resolved the dispute.
JD Supra Law
MAY 3, 2024
How “knockoff” furniture landed Kim Kardashian in an IP lawsuit Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While Kardashian's counsel denies liability, the case underscores the importance of due diligence in endorsements. Scott Hervey and Jamie Lincenberg from Weintraub Tobin dissect the legal drama in this installment of “The Briefing.”.
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