The IPKat

MARCH 27, 2022

Topics included the territorial scope of existing marks, the potential need to expand the specifications of trade marks used in the Metaverse, the importance of clearance searches before entering this environment, and the consideration of co-existence agreements to avoid conflicts. Background and outcome are reported by Marks IP.

Blogging 76

Blogging IP Reporting Journalism 76

Kluwer Copyright Blog

JANUARY 17, 2024

The final result, i.e. the model, consists of two files – a simple run file that establishes the functioning of the model (the model architecture) and a much larger file of parameters or weights (expressed as floating point numbers ). The run file is a classic piece of software and does not pose particular difficulties.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

The IPKat

OCTOBER 9, 2023

The opposing part of the Committee feared that a clause as the one proposed would curtail the purpose of the DLT, namely, to streamline and simplify the processes of filing for design rights across Member States. This would ensure the 6 month-period to always be calculated from the filing date.

Designs 70

Designs Design Law Trademark 70

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. This opinion doesn’t address the situation when an entire legal document is copied verbatim, such as when the filings are indexed in electronic databases like Westlaw or Lexis.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

LexBlog IP

OCTOBER 27, 2021

This is the third report providing data on post-grant petitions filed against Orange Book and biologic patents released by the PTAB, and it covers AIA petitions filed between September 16, 2012 and June 30, 2021. The first study covering these topics was released on March 13, 2018, and the second on July 18, 2019.

Patent 52

Patent Settlement Litigation Reporting 52

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) The petition was filed by noted Jones Day attorney Greg Castanias along with former SG Noel Francisco and BMS (Juno) deputy GC Henry Hadad.

Patent Law 125

Patent Law Law Patent Invention 125

Corsearch

FEBRUARY 15, 2024

Reporting counterfeits X / Twitter states the selling or promoting counterfeit goods on the platform is a violation of its counterfeit policy. There are two things you can do to report an impersonation account. Firstly, you can flag it directly from the account’s profile.

Branding 59

Branding Brands Branding Social Media 59

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 20, 2021

Final Determinations were issued by the Commission in two Section 337 Investigations: Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof , Inv. 18, 2021); Certain Electronic Devices Having Wireless Communication Capabilities and Components Thereof , Inv.

Television 52

Television Settlement Patent Licensing 52

Herbert Smith Freehills

AUGUST 2, 2022

Potential evidence of anti-competitive activity may reside in video conferencing applications and audio files, meeting transcripts, metadata from meetings, participant logs and more. This is incredibly challenging for regulators, but also for organizations working to prepare for a potential dawn raid. That's interesting to understand.

Editing 52

Editing Privacy Business Technology 52

LexBlog IP

APRIL 27, 2022

Filing a fanciful trademark comes with significant benefits, namely: Presumption of exclusivity : Because fanciful marks are coined, the is a presumption (i.e., This is a great segue to the next topic which is injunctive relief. I offer an easy, three-step process for filing your trademark online. Fanciful Trademark Benefits.

Trademark 52

Trademark Branding Brands Branding 52

Patently-O

FEBRUARY 24, 2022

” A number of folks filed amicus briefs in the case. The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. The Solicitor’s office filed a strong responsive brief which makes me think that we’ll see a denial here.

Patent Law 95

Patent Law Law Patent Litigation 95

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? In this situation, the generic noun “website” collapses several different elements: the website hardware (the servers), the domain name, the web pages as electronic files, the web pages’ HTML code, the web pages’ substantive content, and more.

Copying 74

Copying Ownership Derivative Work Contracts 74

The IPKat

NOVEMBER 29, 2022

The survey has been running for almost a week and garnered several comments and emails on the topic. And then, 16 days later the sunrise period commences and the clock starts ticking on filing opt-outs. The authentication certificate has to be stored on a physical security device (smart card or USB stick).

Reporting 57

Reporting Patent Copying Patent Law 57

SpicyIP

AUGUST 15, 2021

Topical Highlight. She argues that ‘electronic persons’ or some other kind of sui generis legal status will have to be created in order to accommodate AI within the existing system. Ensuring Access to TB drugs: Is Compulsory License the Way? A District Judge in Waco, Texas, rejected Intel’s plea to reverse a $2.18

Licensing 83

Licensing Government Reporting Patent Law 83

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In recent times, globally more and more patent applications are being filed for blockchain technology. They are commonly being filed in the financial sector, non-financial sector (real estate) and other generic sectors. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In recent times, globally more and more patent applications are being filed for blockchain technology. They are commonly being filed in the financial sector, non-financial sector (real estate) and other generic sectors. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In recent times, globally more and more patent applications are being filed for blockchain technology. They are commonly being filed in the financial sector, non-financial sector (real estate) and other generic sectors. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

As of July 2020, roughly 7,600 applications containing the word “blockchain” had been filed, up from only 37 in 2014 ( see Figure 1). We may dive into this topic in a future blog post. [2] 2008) Bitcoin: A Peer-to-Peer Electronic Cash System. USPTO statistics confirm blockchain’s ascendance. see [link]. [4] 4] Nakamoto, S.

Technology 76

Technology Copying Invention Patent Prosecution 76

Trading Secrets

DECEMBER 21, 2021

While at least one of these state laws now expressly exempts most trade secret and non-compete lawsuits from its scope, there remains a backlog of cases filed before the new regime where the anti-SLAPP law stands as the primary hurdle before a case can even proceed to full discovery.

Confidentiality 69

Confidentiality Law Contracts Business 69

The IPKat

APRIL 10, 2023

Claim interpretation is the current hot-topic at the EPO , specifically the extent to which the description should be taken into account in claim interpretation. The problem to be solved by an "extended wear" hearing aid of this type was how to protect the hearing aid's electronics from prolonged exposure to ear fluids. Stay tuned!

Invention 83

Invention Art Patent Law 83

The IPKat

DECEMBER 22, 2023

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. After a flurry of decisions at the start of the year , the Boards of Appeal have gone rather silent on the topic of ViCo oral proceedings. This is one to watch for 2024.

Invention 110

Invention Inventor Patent Law 110

LexBlog IP

DECEMBER 21, 2021

While at least one of these state laws now expressly exempts most trade secret and non-compete lawsuits from its scope, there remains a backlog of cases filed before the new regime where the anti-SLAPP law stands as the primary hurdle before a case can even proceed to full discovery.

Confidentiality 52

Confidentiality Law Contracts Business 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. filed the lawsuit, case number 4:18-cv-01663, against competitor Foro Energy Inc. The court also found that a patent filed by another company in November 2014, contained features depicted in plaintiff’s conceptual drawings. 3d 1364 (Fed.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

JANUARY 9, 2024

Facebook is on appeal to the California Supreme Court, and I filed a letter in support of granting review in the case.] The court sidesteps the extensive precedent on this topic because: The tangible product versus (intangible) service test is a false dichotomy as applied to Snapchat, at least as Snapchat is described in the SAC.

Publishing 74

Publishing Designs Design Law 74

SpicyIP

JANUARY 9, 2023

Delhi High Court to revisit the issue “ whether rights under registered trademarks can be enforced after giving up the right to file actionable claims qua the same by claiming an exemption from GST ” Directs the Senior Standing Counsel, Dept. Revenue to share copy of its report filed earlier.

Trademark 105

Trademark IP Registration Reporting 105

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

IP and Legal Filings

DECEMBER 9, 2022

In a normal inquiry, data from employees, including HR files, email, mobile phone, and company device data, is routinely gathered, accessed, and analysed. It broadens the CSL’s coverage of certain topics by emphasising national security and classifying data according to how important it is to Chinese national security.

Privacy 85

Privacy Law Business Branding 85

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] Similar to the procedures for rehearing, a party request for Director review is limited to 15 pages, must be filed within 30 days of the final written decision, and, if timely, resets the 63-day deadline for filing a notice of appeal.

Reporting 52

Reporting Art Invention Patent 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. answering a different intended question or providing information about a different topic). The “ P ” in ChatGPT stands for “Pre-trained” meaning that ChatGPT is an already-trained, ready-to-use model. Again caveat emptor.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU).

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP.

Licensing 52

Licensing Technology Intellectual Property Patent 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

FDA also continued to consider alleged anti-competitive behavior raised in a December 2020 citizen petition filed by BI. As of June 25, 2021 (180 days after enactment), FDA was obligated to publish certain biologic and biosimilar information in a searchable, electronic format. BPCIA Cases Filed by Year since BPCIA Enactment.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 31, 2022

In the intellectual property (IP) space, there has been explosive growth in this area, with AI-based patent filings addressing trending areas, including disease identification and diagnosis, drug discovery, personalized medicine, and clinical trials, among others. Electronic Health Records (EMR). Radiotherapy and Radiology.

Intellectual Property 52

Intellectual Property IP Technology Privacy 52

LexBlog IP

AUGUST 5, 2021

Settlement Prior to Trial Institution May Not Require Filing of Settlement Documents. In Samsung Electronics CO., Ericsson , the Board dismissed a number of petitions based upon a pre-institution settlement between the parties, but did not require the filing of the settlement documents (as is typically the case). Section 42.74(b)

Settlement 52

Settlement Copying Designs Design 52

Trading Secrets

DECEMBER 29, 2022

Vast majority of cases involve misappropriation by electronic means. Stay up to date on non-compete laws with our recently updated 50 State Non-Compete Guide and by following our Trading Secrets blog , where we write on topics and issues related to trade secrets and non-competes.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Vast majority of cases involve misappropriation by electronic means. Stay up to date on non-compete laws with our recently updated 50 State Non-Compete Guide and by following our Trading Secrets blog , where we write on topics and issues related to trade secrets and non-competes.

Confidentiality 40

Confidentiality Business Law Contracts 40