Intellectual Property Law Blog

USPTO’s Pilot Program for Deferring Subject Matter Eligibility Response

Intellectual Property Law Blog

Introduction. On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program.

Benefits and Considerations for Patent Prosecution Under Patent Prosecution Highway in Australia, Canada, South Korea, and Japan

Intellectual Property Law Blog

Introduction. This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. The first article can be accessed here.

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Historic $130m+ Patent Infringement Award Against the United States of America

Intellectual Property Law Blog

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint).

Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

Intellectual Property Law Blog

Introduction. Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices.

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

Intellectual Property Law Blog

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.

Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility

Intellectual Property Law Blog

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021.

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Intellectual Property Law Blog

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.

Patent Protection on AI Inventions

Intellectual Property Law Blog

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO.

Waiver Of Intellectual Property Protections For COVID-19 Vaccine Unlikely To Have Meaningful Impact In Short Term

Intellectual Property Law Blog

On Wednesday, May 7, 2021, the United States officially endorsed waiving intellectual property protections for COVID-19 vaccines.

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

Intellectual Property Law Blog

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part One of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.

Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

Intellectual Property Law Blog

The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product.

Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware

Intellectual Property Law Blog

December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement.

How to Successfully Obtain Blockchain Patents

Intellectual Property Law Blog

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts.

Synergizing Patents to Drive Innovation and Growth

Intellectual Property Law Blog

This article originally appeared in The Intellectual Property Strategist. 2021 ALM Media LLC. Reprinted with permission. Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. For instance, members of a patent pool may agree to pool and license their patent rights to a third party in exchange for fees or royalties.

Distinguish “Smart Contract” From Abstract Idea To Pass Blockchain Patentability Scrutiny

Intellectual Property Law Blog

The Situation. Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains.

Protecting IP and Limiting Liability When Licensing IP for Digital Art and NFTs

Intellectual Property Law Blog

Many things are being tokenized, but the growth of NFTs for digital art is booming. This, in part, is due to the recent headline news that Beeple’s iconic digital art work was sold at auction by Christie’s for $69 million. Other digital art is being created to leverage pre-exiting IP and physical art. This boom is creating great opportunities for IP owners who want to license their IP for use in NFTs.

Art 100

NFTs and Intellectual Property: What IP Owners and NFT Creators Need to Know

Intellectual Property Law Blog

Everything is being tokenized these days, including art, games, collectibles and much more. The record prices being fetched have created an NFT frenzy. This distribution model has created a new channel for monetization of creative IP. Given some of the unique aspects of NFTs, IP owners need to rethink their IP protection and licensing strategies. IP protection strategies should include specific protection relating to NFTs.

“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite

Intellectual Property Law Blog

On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. Oki Data Americas, Inc. , 20-1189 (Fed. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention.

Blockchain Patentability Through The Lens Of A Recent PTAB Decision

Intellectual Property Law Blog

Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. In patent examination, the first type, because it recites underlying technology improvement, rarely elicits subject matter rejections. The second type, applications of blockchain, are often found to be directed to an abstract idea.

Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Plagiarism Today

On Saturday, the crypto Group Spice DAO took to Twitter to explains their plans for one of their non-crypto acquisitions. Last year, the group spent €2.66 million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune.

What Winnie-the-Pooh Lapsing into the Public Domain Really Means

Plagiarism Today

On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. Though the list of works that includes is long, some bigger names include Ernest Hemingway’s The Sun Also Rises and Dorothy Parker’s Enough Rope.

The Best Starting Place for People New to Copyright

Plagiarism Today

If you are new to copyright, there are many great guides on the internet, including this one here. However, for someone coming in with almost no understanding of how copyright works, it may not be the best place to begin. The reason is fairly simple.

We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A

Erik K Pelton

We are growing again at EMP&A. We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Details and application information below: 2022 Job Posting – Associat… by Erik Pelton. The post We’re growing (again) !

3 Count: Frequent Flyer

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: American Airlines Suing The Points Guy Over App That Syncs Frequent Flyer Data.

3 Count: Leaving the Vault

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Music Archive Wolfgang’s Vault Resolves Copyright Fight Over Concert Recordings.

Romanian Prime Minister Accused of Plagiarizing Dissertation

Plagiarism Today

In a story that will be eerily familiar to long-time readers of this site, the current Romanian Prime Minister has been accused of plagiarism in his thesis as opposition leaders are already calling for an investigation. The story involves Prime Minister Nicolae Ciuc?,

University of Kansas Vice Provost Resigns Amid Plagiarism Allegations

Plagiarism Today

Earlier this week, D.A. Graham, the now-former interim vice provost for diversity, equity, inclusion and belonging at the University of Kansas, sent out an email with the subject, “2022 MLK Jr. Day of Reflection” to all students, faculty and staff of the university.

Ruth Shalit Barrett Sues The Atlantic for $1 Million Over Retraction

Plagiarism Today

On Friday of last week, Rush Shalit Barrett filed a lawsuit against The Atlantic , seeking some $1 million in damages after, she claims, a retraction of an article she wrote “destroyed her reputation and career.”

3 Count: Contemptible Rimini

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Support Specialist Rimini Street Found in Contempt of Court for Continued Oracle Copyright Infringements.

The Canon Printer DRM Jam

Plagiarism Today

Recently, printer manufacturer Canon posted an article on their German tech support site that caught the eye of many in the tech industry. In it, they explain to users how to bypass their protection schemes and continue to print even if the cartridge placed in the printer isn’t an official one.

5 Copyright Stories to Watch in 2022

Plagiarism Today

A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways.

Winnie the Pooh, the Public Domain and Winnie’s Canadian Connection

Hugh Stephens Blog

On or around January 1 each year we get a recrudescence of the same old story, a “celebration” of all the works that have just entered the public domain in the United States.

Understanding the Shopify Textbook Piracy Lawsuit

Plagiarism Today

Last week, five major education publishers filed a lawsuit against Shopify alleging that the ecommerce service provider has enabled rampant commercial textbook piracy on its platform.

3 Count: Copyright Exhaustion

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Government Pauses Plans to Rewrite UK Copyright Laws After Authors Protest.

We Need to Rethink YouTube

Plagiarism Today

The stories have become incredibly common. Last week, it was YouTuber Mark Fitzpatrick, better known as Totally Not Mark, who faced some 150 copyright claims on his channel from Toei Animation.

When Admitted Plagiarism Doesn’t Cause a Retraction

Plagiarism Today

Yesterday, Ivan Oransky at Retraction Watch posted a truly amazing story. It’s a tale of inaction, even when everyone is asking for it. The story begins in December 2020.

If China Joined the CPTPP, what would this mean for Copyright Industries?

Hugh Stephens Blog

China surprised many in the trade policy world last September by formally applying for membership in the 11 country “Comprehensive and Progressive Trans-Pacific Partnership” (CPTPP), the trade agreement that rose like a phoenix from the ashes of the 12 country Trans-Pacific Partnership (TPP).

3 Count: Italian Shutdown

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Huge Pirate IPTV Crackdown Hits Network Supplying 500,000 Users.

The War Over the Future of WHOIS

Plagiarism Today

For over 20 years, the WHOIS system remained one of the key pieces of internet architecture. As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies.

7 Takeaways from YouTube’s Copyright Transparency Report

Plagiarism Today

Yesterday, YouTube published its first every Copyright Transparency Report. With that step, it follows in the footsteps of Google , Facebook , Reddit and other major industry players in publishing such a report.

Appeals Court Upholds Degree Revocation

Plagiarism Today

On December 2, 2021, the Colorado State Court of Appeals ruled in favor of the Regents of the University of Colorado and affirmed that they did not act improperly in revoking the degree of former student Casey Martin.

What Lies Ahead for Canada in 2022 from a Copyright and Content Perspective?

Hugh Stephens Blog

As I noted in my year-end wrap up a couple of weeks ago, some of the copyright and content related issues that were under discussion in Canada in 2021 will likely move forward in a more aggressive way this year.

Books and Supply Chains: A Christmas Challenge for Authors, Publishers and Booksellers

Hugh Stephens Blog

On October 22, the Malta registered giant container ship Zim Kingston, enroute from South Korea to Vancouver, lost 109 containers overboard in heavy seas off the coast of Vancouver Island. Although four containers washed ashore further north up the coast, most are assumed to have sunk.