Intellectual Property Law Blog

JULY 21, 2023

This case addresses the construction of the articles “a” and “said” in relation to subsequently recited functions and whether “a” can be restricted to be singular in its meaning. Background Mr. Salazar appealed from the district court’s claim construction and subsequent finding of non-infringement. AT&T cross-appealed on the issue of validity. The claim construction dispute centered around the terms “a microprocessor” and “said microprocessor” capable of “creating,” “retrieving” and “generat

Patent 130

Patent 130

Olartemoure Blog

JULY 21, 2023

1. MULTI-CHANNEL BRAIN OR CORTICAL ACTIVITY MONITORING AND METHOD US 11,553,869 B1 Inventors: Stéphane Bibian, Tatjana Zikov Assignee: NeuroWave Systems Inc. Date of Patent: Jan. 17, 2023 This patent describes a system and method for monitoring and displaying the neuropathological characteristics and activity of both sides of a subject’s brain simultaneously.

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Inventor Intellectual Property Patent 98

IP Law 360

JULY 21, 2023

A Western District of Texas jury said Friday that Google must pay $338.7 million in damages after finding that its Chromecast digital media players infringed three patents owned by Touchstream Technologies Inc., which said it met with Google about its technology before Chromecast launched.

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Patent Technology 98

IP Watchdog

JULY 21, 2023

This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S. Data Privacy Framework; the Second Circuit rules that copyright registrations containing a derivative work can serve as a basis for infringement claims involving elements of previously unregistered material incorporated into the later registration; Judge Orrick indicates that he may dismiss a lawsuit brought by artists against generative AI companies while m

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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?

Technology

JD Supra Law

JULY 21, 2023

Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.” In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?

Intellectual Property 98

Intellectual Property 98

Velocity of Content

JULY 21, 2023

A July 18 letter from Penguin Random House CEO Nihar Malaviya confirmed that long-rumored layoffs have become a reality at the nation’s biggest publishing house. According to Publishers Weekly , PRH CEO Nihar Malaviya said that any growth the industry has seen recently has been offset by increased costs across the board, and that publishing leaders expect these increases, including inflation, to continue.

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Publishing Reporting Copyright 96

U.S. Department of Commerce

JULY 21, 2023

100 Days at the FirstNet Authority: governance, engagement, and a look ahead July 21, 2023 KCPullen@doc.gov Fri, 07/21/2023 - 10:38 First responder network This is the second of a 2-part series by Joe Wassel, First Responder Network Authority Executive Director and CEO, on his thoughts, insights, and vision for the future of public safety communications.

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Government Contracts Licensing Technology 78

TorrentFreak

JULY 21, 2023

In January 2023, the Alliance Against Pay Television Piracy ( Allianz ) welcomed Jorge Bacaloni as the organization’s new president. 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. “It is necessary for the entire industry to accept that this is

Television 79

Television Reporting IP Publishing 79

IP Law 360

JULY 21, 2023

Grubhub and two restaurants claiming they were added to the delivery site's platform without permission have again urged an Illinois federal judge to lift a stay that has halted their case for two years, after efforts to settle a similar case in Colorado have ended.

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LexBlog IP

JULY 21, 2023

Last weekend, July 14 and July 15, 2023, TC Summer Fest put on an event, touted as the “ biggest rock weekend of the year ” with a “two-day festival-style music event” which included The Killers, The Flaming Lips, Death Cab For Cutie, and Imagine Dragons. This was the TC Summer Fest’s first year; Milwaukee’s Summerfest has been a summer staple in Wisconsin for 55 years.

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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.

Patent

IP Law 360

JULY 21, 2023

A Johnson & Johnson subsidiary landed an $18 million default judgment in Illinois federal court Friday against a Pakistani employee of a medical device distributor who was on the receiving end of accusations of selling counterfeit surgical products that were "bacterially contaminated and critically defective.

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JD Supra Law

JULY 21, 2023

On June 30, 2023, China’s antitrust authority – the State Administration for Market Regulation (SAMR) – released draft guideline on standard essential patents (SEPs) for public comment. The comment period ends on July 29, 2023. Notably, this is the first time SAMR has sought to regulate SEP licensing conduct through a comprehensive document dedicated to SEP related antitrust issues.

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Licensing Marketing Marketing Patent 52

IP Law 360

JULY 21, 2023

As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

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JD Supra Law

JULY 21, 2023

The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce" occurs in the United States. Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing (podcast).

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Trademark 52

The IPKat

JULY 21, 2023

The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the European Commission (EC)’s recent strategy communication in respect of Web 4.0 and virtual worlds. Here’s what Alessandro writes: European Commission strategy on Web 4.0 and virtual worlds by Alessandro Cerri The European Commission (the EC) recently communicated its strategy on Web 4.0 and virtual worlds, including in respect of IP rights.

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Moral Rights Copyright Infringement Designs Design 52

JD Supra Law

JULY 21, 2023

Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act and the Patent Eligibility Restoration Act of 2023. Both proposed bills are bipartisan with the stated purpose of improving the U.S. intellectual property system, promoting innovation, and securing economic and national security interests.

Intellectual Property 52

Intellectual Property Litigation Patent 52

Above the Fold

JULY 21, 2023

Last weekend, July 14 and July 15, 2023, TC Summer Fest put on an event, touted as the “ biggest rock weekend of the year ” with a “two-day festival-style music event” which included The Killers, The Flaming Lips, Death Cab For Cutie, and Imagine Dragons. This was the TC Summer Fest’s first year; Milwaukee’s Summerfest has been a summer staple in Wisconsin for 55 years.

Trademark 52

Trademark Music Advertising Advertising 52

JD Supra Law

JULY 21, 2023

In a decision denying summary judgment, the District of Massachusetts weighed in on an unsettled issue: whether after receiving a final written decision in an inter partes review, a patent challenger is permitted to raise system-based invalidity defenses that are related to printed publications or patents that could have been raised in an IPR. The court’s answer was yes.

Patent 52

Patent 52

LexBlog IP

JULY 21, 2023

Adobe has issued alerts on three vulnerabilities affecting its ColdFusion product. The first alert, issued on July 11, 2023, announced patches for CVE-2023-29298, an improper access control issue that can lead to a security feature bypass, and CVE-2023-29300, a deserialization issue that can be exploited for arbitrary code execution. On July 14, Adobe announced patches for CVE-2023-38203, another deserialization issue that could lead to arbitrary code execution.

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Reporting Intellectual Property 52

JD Supra Law

JULY 21, 2023

On June 2, 2023,the PTAB held the standard enunciated in Astoria Federal Sav. & Loan Ass’n v. Solimino, 501 U.S. 104 (1991) applies to claim preclusion determinations. This was yet another decision in the ongoing battle between VLSI Technology LLC (“VLSI”) and Intel Corporation (“Intel”), holding that a prior district court determination does not implicate claim preclusion with respect to inter partes review (“IPR”) under the America Invents Act (“AIA”).

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Invention Technology 52

LexBlog IP

JULY 21, 2023

Integrated Marketing Promotions: How Do Brand Tie-Ins Work? I’m a Skipper in a Barbie world. Even if the brunette little sister doesn’t make an appearance, I can’t wait to see the Barbie movie this weekend. Warner Bros. is rolling out the red carpet for Mattel’s leading lady in advance of the debut of this summer’s nostalgic blockbuster.

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Branding Brands Branding Due Diligence 52

JD Supra Law

JULY 21, 2023

Starting July 17, 2023, to ensure an efficient avoidance of a negative PTA, in certain instances, revised 37 CFR 1.704(d) will include a new paragraph (d)(3) requiring the use of Office form PTO/SB/133 and the appropriate document code (PTA.IDS). The use of the document code PTA.IDS specifically for form PTO/SB/133 is a representation that the applicant is filing form PTO/SB/133 with no alterations to the text of the form.

IP 52

IP 52

LexBlog IP

JULY 21, 2023

The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce” occurs in the United States. Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

Trademark 52

Trademark Intellectual Property 52

JD Supra Law

JULY 21, 2023

Although you may have never heard of Shein, your children definitely have. Shein is one of the largest fashion companies in the world. After popping onto the e-commerce scene in 2008, it has sky-rocketed into a $100 billion company as it sells more clothing than any other brand worldwide. Its business model revolves around collecting vast amounts of customer data and leveraging artificial intelligence (“AI”) to reverse-engineer fashion trends, which are then marketed via social media.

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Social Media Branding Brands Branding 52

Olartemoure Blog

JULY 21, 2023

The Colombian authority in charge of protecting consumers has begun investigating companies associated with four well-known influencers due to alleged practices of disseminating incomplete information and misleading advertising. This highlights the importance of both influencers and advertisers following the recommendations set out in the “Guide of Good Practices in Advertising through Influencers”, published in October 2020.

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Advertising Advertising Intellectual Property Publishing 52

JD Supra Law

JULY 21, 2023

On July 12, 2023, the U.S. Senate Committee on the Judiciary’s Subcommittee on Intellectual Property held its second hearing on artificial intelligence (AI) and intellectual property (IP). The first hearing, held on June 7, 2023, focused on AI’s implications for patent law, while this second hearing centered on copyright issues. Hearing participants, both senators and witnesses, seemed to recognize that the industry needs to strike a balance between promoting AI innovation and protecting.

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Intellectual Property Copyright Patent Law IP 52

LexBlog IP

JULY 21, 2023

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ ASA “) – for breaching its rules against making misleading environmental claims. Previous ASA ruling against Shell This latest ruling is reminiscent of a 2020 ASA ruling against Shell for a radio ad, where it used the claim “ Drive carbon-neutral by filling up and using Shell Go+ today.

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Advertising Advertising Business Publishing 52

JD Supra Law

JULY 21, 2023

More than 16 months ago, the two ranking members of the Senate Judiciary Committee asked Chief Justice John Roberts to direct the Judicial Conference of the United States to study forum shopping in patent litigation, particularly in the Waco Division of the U.S. District Court for the Western District of Texas, where U.S. District Judge Alan Albright is the sole judge.

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Litigation Publishing Patent 52

LexBlog IP

JULY 21, 2023

At the beginning of the pandemic, concerns were raised that trade secret misappropriation might take a new form. Indeed, with large swaths of the workforce working from home, spouses, roommates, or others living in the same area had an increased opportunity to purloin confidential information that might not have been available to them previously. But a recent case in Massachusetts highlights that this is not unique to pandemic-era work-from-home setups.

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Confidentiality Intellectual Property 52

JD Supra Law

JULY 21, 2023

In Finjan LLC v. ESET, LLC, the Federal Circuit held that a definition provided in any incorporated-by-reference document is a part of the host patent. However, the use of a restrictive definition of a claim term in an earlier parent application does not reinstate that restrictive definition in a later continuing application that purposely deletes the term, even if the earlier parent application is incorporated by reference.

Patent 52

Patent 52

Olartemoure Blog

JULY 21, 2023

Colombian event production company Páramo Presenta has made a groundbreaking announcement of its incorporation into Live Nation Entertainment, a global entertainment powerhouse. This landmark agreement signifies a significant milestone for Colombia’s entertainment industry, highlighting its growth and global relevance. Páramo Presenta has garnered acclaim for organizing successful music festivals like Estéreo Picnic, Baum Fest, and Knotfest.

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Intellectual Property Music Marketing Marketing 52

JD Supra Law

JULY 21, 2023

On June 29, 2023, the Supreme Court issued a much-anticipated trademark decision in Abitron Austria v. Hetronic International concerning the global reach of the Lanham Act. The Court determined that U.S. law does not extend to infringing conduct that solely occurs abroad, no matter how much confusion that conduct may lead to in the United States.

Branding 52

Branding Brands Branding Trademark 52

Olartemoure Blog

JULY 21, 2023

Peru has taken a significant leap forward with the enactment of Law No. 31814, a groundbreaking legislation aimed at promoting the responsible and ethical utilization of Artificial Intelligence (AI) in the country’s digital transformation journey. The law’s primary objective is to drive research, development, and application of AI in critical sectors such as healthcare, education, agriculture, transportation, and government.

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Privacy Intellectual Property Government Technology 52

JD Supra Law

JULY 21, 2023

Integrated Marketing Promotions: How Do Brand Tie-Ins Work? I’m a Skipper in a Barbie world. Even if the brunette little sister doesn’t make an appearance, I can’t wait to see the Barbie movie this weekend. Warner Bros. is rolling out the red carpet for Mattel’s leading lady in advance of the debut of this summer’s nostalgic blockbuster.

Branding 52

Branding Brands Branding Marketing 52

IP Tech Blog

JULY 21, 2023

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ ASA “) – for breaching its rules against making misleading environmental claims. Previous ASA ruling against Shell This latest ruling is reminiscent of a 2020 ASA ruling against Shell for a radio ad, where it used the claim “ Drive carbon-neutral by filling up and using Shell Go+ today.

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