Intellectual Property Law Blog

OCTOBER 30, 2023

In stark contrast to the EU, which through the soon to be enacted AI Act is focused primarily on regulating uses of AI that are unacceptable or high risk, the Executive Order focuses primarily on the developers, the data they use and the tools they create.

Privacy 130

Privacy Government Copyright Technology 130

Nelligan Law

DECEMBER 1, 2022

These celebrations come in all shapes and sizes: afternoon teas, gift exchanges, ugly sweater competitions, Christmas caroling, dinner, dancing – the possibilities are endless. Unfortunately, so too are the possibilities for things to go wrong at these celebrations. In one case, Jacobsen v Nike Canada Ltd. , and I.U.O.E.,

Social Media 85

Social Media Litigation Law Blogging 85

U.S. Department of Commerce

MARCH 24, 2023

Women’s History Month: Impacting Innovation and Economic Growth March 24, 2023 KCPullen@doc.gov Fri, 03/24/2023 - 10:29 Investing in communities and workers By Brittany Sickler, Networks Program Manager, U.S. In our daily lives, there are endless opportunities to highlight the role of women in all sectors and places.

Business 124

Business Technology Ownership Blogging 124

LexBlog IP

DECEMBER 20, 2023

The decision paves the way for Intel to make the case that it received a license to VLSI’s patents when a company that Intel had an existing license with became affiliated with VLSI due to its acquisition by an investment management firm. a company with which Intel had a pre-existing license agreement.

Licensing 52

Licensing Contracts Litigation Technology 52

Patently-O

APRIL 10, 2024

and his patent holding company (Spectrum Spine). The case serves as an important reminder about the limitations on vendor liability for negligent misrepresentation claims in the absence of contractual privity — and how attorneys are often stuck in the middle. What are your thoughts on how to avoid this situation?

Contracts 75

Contracts Law Inventor Patent Application 75

LexBlog IP

FEBRUARY 14, 2024

At the outset, the USPTO guidance states that inventions developed with assistance from an AI system are still patentable, as long as a human inventor “significantly contributed” to the invention. Iolab Corp. , 2 ranking from IAM Media for providing counsel to 44 companies with the largest portfolios of issued U.S.

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 52

Patently-O

DECEMBER 4, 2023

STERIS Instrument Management Services (IMS) focusing the threshold between permissible repair and impermissible reconstruction. A manufacturer’s patents covering its product are “exhausted” as soon as the company places product in the chain of commerce. Kuther , 377 U.S. American Precision Co., 2d 755 (Fed.

Invention 51

Invention Patent Copying Patent Infringement 51

TorrentFreak

JULY 21, 2023

Bacaloni is also the Regional Anti-Piracy Manager of Vrio Corp, a company comprised of DirecTV Latin America and Sky Brasil, among others. In an interview following his appointment, the anti-piracy chief stressed that public/private partnerships are a necessity in the fight against piracy.

Television 79

Television Reporting IP Publishing 79

Patently-O

JULY 1, 2021

The underlying actions were filed by a patent holding company known as Ikorongo Texas LLC against Samsung and LG Electronics. As explained below, the owners of Ikorongo Texas formed the company as an attempt to solidify venue in W.D.Texas and avoid the case being transferred for inconvenient forum. Thus, no proper venue.

Litigation 103

Litigation Patent Registration Business 103

Kashishipr

MAY 5, 2021

’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition. ’ A patent troll operation may be called a ‘patent assertion company,’ ‘entity,’ or a ‘non-manufacturing patentee.’

Patent Troll 98

Patent Troll Patent Inventor Intellectual Property 98

IP and Legal Filings

FEBRUARY 22, 2023

Therefore, the doctrine of the limited liability of the company is firmly rooted in the English as well as Indian Jurisprudence. Image Sources : Shutterstock] There are several theories which govern the piercing of the corporate veil. iv] Where it was observed that the criminal intent of the alter ego can be ascribed to the company.

Law 52

Law Ownership Government Litigation 52

LexBlog IP

APRIL 15, 2022

Copyrighted materials are protected until 70 years after the author’s death. ” The “work for hire” distinction means that a company or employer holds the copyright instead of the person that the company hired to complete the work. Cases, like Dastar Corp. Twentieth Century Fox Film Corp.

Derivative Work 52

Derivative Work Trademark Law Branding Brands 52

IP and Legal Filings

DECEMBER 25, 2022

What gives any collectible item its value are the features of scarcity and uniqueness. The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] The concepts of ownership and licensing are relevant in this context.

Non-Fungible Tokens 81

Non-Fungible Tokens Government Law Intellectual Property 81

LexBlog IP

DECEMBER 28, 2022

There is a subtle but important shift that is taking place in the way that many trade secret cases are being litigated and going to trial. Court of Appeals for the Second Circuit in FMC Corp. On May 9, 2022, software company Appian Corp. Employee misappropriation and restrictive covenants. “Show me the money!!!!!!”

Litigation 52

Litigation Licensing Journalism Reporting 52

LexBlog IP

OCTOBER 30, 2023

In stark contrast to the EU, which through the soon to be enacted AI Act is focused primarily on regulating uses of AI that are unacceptable or high risk, the Executive Order focuses primarily on the developers, the data they use and the tools they create.

Privacy 52

Privacy Government Intellectual Property Copyright 52

IPilogue

JANUARY 18, 2022

The three key pillars, or goals, supporting circular economic systems are: to eliminate waste, circulate products and materials (at their highest value), and regenerate nature. Some mindfulness questions we can make a habit of asking ourselves are: What about [item] do I like or dislike (e.g., Circular Economies: An Overview.

Designs 104

Designs Design Technology Patent 104

Patently-O

MARCH 1, 2024

On appeal, PTAB agreed that there is “no dispute that the peptides themselves are fragments of larger naturally occurring proteins.” The PTAB relied on CyberSource Corp. March 4, 2024) (The Upper Deck Company) Decision_2022004158_02-29-2024. Retail Decisions, Inc., 3d 1366 (Fed.

Invention 67

Invention Patent Art Marketing 67

43(B)log

MARCH 4, 2024

Still, Albion guns stamped or otherwise marked to indicate American manufacture are presently displayed across the country. could become even more important during this economy.” Albion ceased placing markings on the relevant products representing Albion’s eighty-year history of American manufacture after the lawsuit was filed.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Coca-Cola Company, 38 F.4th Industria De Alimentos Zenu S.A.S. Latinfood U.S. 16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 4th 1067 (Fed.

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP Intelligence

APRIL 24, 2023

There are other types of AI beside GAI, and corporations and other stakeholders throughout multiple industries have been using them for years. There are well-worn doctrines in other authorship contexts that supply a decent approximation of what we’re dealing with in AI authorship. This creates a major problem.

Ownership 98

Ownership Copyright Public Domain Registration 98

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. In addition, various companies operating from traditional industries are filing patents for blockchains.

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. In addition, various companies operating from traditional industries are filing patents for blockchains.

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. In addition, various companies operating from traditional industries are filing patents for blockchains.

Technology 52

Technology Patent IP Invention 52

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? For example, in Qualcomm’s 2019 Ninth Circuit opening brief in its litigation against the Federal Trade Commission, Qualcomm contended its “OEM licenses are efficient[.]” 5 In Core Wireless Licensing S.A.R.L.

Licensing 57

Licensing Litigation Technology Patent 57

LexBlog IP

MAY 18, 2023

POLYMER ENCLOSURE WITH WIRE PASSTHROUGH FOR IMPLANTABLE DEVICE ASSIGNEE: Neuralink Corp US PAT. The patent application, US 20230148968 A1, was published on May 18, 2023, and is managed by Neuralink Corp., a company widely recognized for its significant strides in neurotechnology.

Editing 52

Editing Patent Patent Application Social Media 52

LexBlog IP

APRIL 24, 2023

There are other types of AI beside GAI, and corporations and other stakeholders throughout multiple industries have been using them for years. There are well-worn doctrines in other authorship contexts that supply a decent approximation of what we’re dealing with in AI authorship. This creates a major problem.

Ownership 64

Ownership Copyright Registration Public Domain 64

43(B)log

AUGUST 25, 2021

Alfasigma makes medical foods, which are allegedly not properly described as OTC. This allegedly falsely represented that they were available OTC, “when in fact they are available by prescription, and should not be taken by a patient without physician supervision.” NutriSearch Corp., Alfasigma USA, Inc. First Databank, Inc.,

False Advertising 72

False Advertising Advertising Advertising Designs 72

LexBlog IP

SEPTEMBER 17, 2021

Wisk Aero and Archer are competitors in the budding electronic vertical takeoff and leading (“eVTOL”) aircraft industry, more commonly known as air taxis. Cordis Corp., Whatever the reason, trade secret plaintiffs should take the lesson of Wisk Aero to heart if they are seeking an injunction. What happened?

Confidentiality 52

Confidentiality Invention Technology Patent Application 52

Intellectual Property Law Blog

DECEMBER 21, 2023

Drug companies who may be at risk of having their patents seized should be aware that they have the right to sue the government for patent infringement in such an event. Zoltek Corp. 2021) (citing Georgia Pacific Corp. Plywood Corp., 1971)); see also Rite-Hite Corp. Pursuant to 28 U.S.C. United States , 672 F.3d

Government 290

Government Patent Invention Patent Infringement 290

43(B)log

OCTOBER 11, 2022

Appian Corp. 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Pegasystems Inc. 19-11461-PBS, 2022 WL 4630231, F.Supp.3d Previous discussion.)

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

SEPTEMBER 8, 2021

Northern Innovations Holding Corp., Under the Ninth Circuit “who-are-you/what-are-you” test, “organic protein” is a what. Likewise, there was evidence that other companies in the nutritional supplement market use “organic protein” generically in connection with their products. Orgain, Inc. 2021 WL 1321653, No.

Copying 83

Copying Marketing Marketing Social Media 83

Technology & Marketing Law Blog

AUGUST 1, 2023

The Facts The facts are relatively straightforward. The plaintiffs (Alexis Hunley and Matthew Scott Brauer) are photographers who posted some of their own photos to Instagram. How are photographers supposed to get the attention of those publishers without displaying samples of their work? Columbia Artists Management, Inc. ,

Blogging 95

Blogging Copying Social Media Copyright 95

TorrentFreak

APRIL 22, 2023

Tracking BitTorrent pirates isn’t all that hard since IP addresses are broadcasted publicly. In the United States, these subpoenas are typically obtained by filing a copyright complaint in federal court against a “John Doe” who’s known only by an IP address. They are spread all over the U.S.,

IP 134

IP Copyright Settlement Music 134

IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] In International Precedents, the outcome of Eight Mile Style, LLC et al v.

Copyright Law 70

Copyright Law Copyright Music Law 70

Patently-O

FEBRUARY 22, 2023

5] Insurance options are suddenly plentiful, [6] funders are expanding and multiplying, [7] and new deal commitments are on the rise. [8] 13] Recent trends are shown in the chart below, adapted from a Westfleet Advisors report. [14] Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 124

Litigation Reporting Settlement Government 124

LexBlog IP

DECEMBER 30, 2022

This development appears to have accelerated in the past 6 months, as juries awarded $2 billion in a verdict for Appian Corp., a $65 million verdict against Goodyear Tire & Rubber Company, and a $105 million verdict against Ford Motor Company. See Alice Corp. CLS Bank Int’l , 573 U.S. 208, 134 S.

Litigation 52

Litigation Technology Invention Inventor 52

LexBlog IP

DECEMBER 21, 2023

Drug companies who may be at risk of having their patents seized should be aware that they have the right to sue the government for patent infringement in such an event. Zoltek Corp. 2021) (citing Georgia Pacific Corp. Plywood Corp., 1971)); see also Rite-Hite Corp. Pursuant to 28 U.S.C. § 3d 1309, 1319 (Fed.

Government 52

Government Patent Invention Patent Infringement 52