43(B)log

SEPTEMBER 15, 2021

There is an ongoing, separate litigation about ownership of the relevant patent; plaintiffs alleged that the two inventors assigned the patent to plaintiff Orthex. Defendants allege that one inventor was contractually bound to disclose and assign to a separate entity any patent he received related to his work on the idea.

Advertising 59

Advertising Advertising Social Media False Advertising 59

IPilogue

JANUARY 14, 2022

This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor). This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

JUNE 20, 2023

For example, the agency cannot require Article III standing for an AIA petition (rejected in legislative history), give deference to previous reexaminations/decisions of the courts (explicitly addressed in AIA estoppel statutes), or foreclose otherwise viable agency options by forced stipulations (explicitly addressed in various AIA statutes).

Litigation 52

Litigation Ownership Patent Inventor 52

LexBlog IP

NOVEMBER 2, 2023

This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v. Commercial Use: AI technologies are widely used for content generation, such as automated news articles or product descriptions. See our prior post on issues raised by Thaler.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v. Commercial Use: AI technologies are widely used for content generation, such as automated news articles or product descriptions. See our prior post on issues raised by Thaler.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v. Commercial Use: AI technologies are widely used for content generation, such as automated news articles or product descriptions. See our prior post on issues raised by Thaler.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

This article details the authors’ study of Section 285 attorney fees awards against patentees from 2017 through 2022 and describes two potential reform efforts toward ensuring that prevailing parties receive Section 285 fee awards. Read the full article at Law360. But is that policy rationale truly being achieved?

Patent 52

Patent Litigation Patent Infringement Inventor 52

LexBlog IP

APRIL 24, 2023

Exclude PGR from discretionary denial based on parallel litigation? That said, if you are trying to argue district court litigation is better for patent policy than the PTAB, you should put all of your cards on the table. First, there is a pro bono program that provides free counsel to such inventors, and from reputable firms.

Settlement 52

Settlement Litigation Patent Business 52

More Than Your Mark

AUGUST 20, 2021

However, if your 3-D printed work relies on the files created by another, or is the result of scanning the sculpture of another, you may have to make proper attribution of ownership to the file owner. Trademark and trade dress issues arise from 3-D scanning of well-known articles and other designs in the hopes of marketing them as your own.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

LexBlog IP

MARCH 27, 2023

Wikipedia), articles, and other information available on the Internet. Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. Instead, OpenAI treats the matter as one of ownership via contract law.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

LexBlog IP

JANUARY 5, 2022

Seeing no immediate litigation alternative, I called for “common sense Congressional legislation to make States directly liable for damages for copyright infringement,” because I felt it unfair that, after Allen , copyright owners “would find themselves defenseless from state-sponsored copyright piracy.” Nation Enters.,

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

JUNE 15, 2022

For example, Dan Burk noted, at page 263, in a 2020 law review article that “there is a rich web of human effort and support behind any AI undertaking. Though Thaler claims that he has somehow been denied his entitled copyright ownership, Complaint , par. 263, 319-320 (2020) ]. Vidal , Case No.

Inventor 52

Inventor Copyright Art Intellectual Property 52

SpicyIP

AUGUST 3, 2023

After much coaxing, it was later found that APEDA incurred huge legal expenses on Basmati and litigations were pending worldwide (as of that post). Interestingly, while the India-Pakistan GI issue is still on , Nepal has also filed an opposition against India ( non-SpicyIP article for those interested in more on Nepal’s take).

Registration 98

Registration IP Copyright Blogging 98

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143