Plagiarism Today
DECEMBER 6, 2023
Destiny 2 cheat case heading before a jury, Swiss music licensing agency sues X for infringement and the Australian government to talk AI. The post 3 Count: Destiny’s Jury appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 6, 2023
Merriam Webster’s 2023 Word of the Year rings true for the world of trademarks, as Erik explains in this video. The post 2023 Word of the Year: Authentic appeared first on Erik M Pelton & Associates, PLLC. Merriam Webster’s 2023 Word of the Year rings true for the world of trademarks, as Erik explains in this video.
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IP Watchdog
DECEMBER 6, 2023
Office (USPTO) and Apple, Inc. file responses to his petition for writ of mandamus, the owner of the trademark APPLE JAZZ has filed a reply of his own charging that “the USPTO is not sincere and has never been sincere about deciding this case.” The latest briefs relate to a petition for writ of mandamus filed by Charles Bertini, owner of APPLE JAZZ, who has been embroiled in a fight with Apple over rights to the mark since 2016.
JD Supra Law
DECEMBER 6, 2023
There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. The Beijing Internet Court has ruled that a plaintiff who used generative AI to produce a digital image has established that he exhibited, through a series of prompts, a sufficient amount of control over the image creation process to have an enforceable copyright.
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?
IP Law 360
DECEMBER 6, 2023
Norton Rose Fulbright will start 2024 with a new partner-in-charge of its San Francisco office, announcing the promotion of an experienced IP partner who will take on the role beginning Jan. 1.
Michael Geist
DECEMBER 6, 2023
The CRTC’s Bill C-11 hearings are in their third and final week as a steady stream of broadcasters and producers make their way to Gatineau to urge the Commission to force Internet streamers to hand over cash in a giant cross-industry subsidy scheme designed to support everyone from small producers to Bell’s news division. As the witnesses take turns seeking the mantle that they are facing the biggest crisis (even as there is record film and television production in Canada and broadcasters stand
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Nelligan Law
DECEMBER 6, 2023
Reading Time: 2 minutes This week, we embark on a flavorful journey through time, where family recipes not only tantalize taste buds but also safeguard tales of tradition and secrets passed down generations, particularly during the holiday season. Family recipes are like whispered legends, carrying the essence of heritage and history. Beyond the mere mix of ingredients, these culinary treasures transcend time, embodying tradition and culture.
IP and Legal Filings
DECEMBER 6, 2023
Factual Background Brief facts of the case are that due to some dispute between the parties, an Arbitral Tribunal was constituted comprising of two nominated Arbitrators by parties and one Presiding Arbitrator. At the time when the proceedings were at the stage of final hearing, one of the arbitrators nominated by the Respondent no. 1 recused himself.
JD Supra Law
DECEMBER 6, 2023
PLI is set to host its highly anticipated Patenting Blockchain and Distributed Ledger Technologies 2023 conference on Monday, December 4 from 9am-1230pm. This marks the fifth year of this popular and successful program.
Biswajit Sarkar Copyright Blog
DECEMBER 6, 2023
We are pleased to share that our founder Adv. Biswajit Sarkar has been invited to be a Keynote Speaker at the Conference- “IP Eurasia/IP India’23” conducted by the Eurasian Patent Office (EAPO) along with the Russian State Academy of IP in Russia. This year’s conference places significant emphasis on fostering cooperation with India, recognized as a pivotal and promising partner among Eurasian nations.
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.
JD Supra Law
DECEMBER 6, 2023
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student-athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.
IP Law 360
DECEMBER 6, 2023
In Angel Technologies' appeal of a tossed patent suit against Meta, Federal Circuit judges asked Angel Tech at a Wednesday hearing if its photo tagging patents actually used artificial intelligence and differed from previous technology.
JD Supra Law
DECEMBER 6, 2023
On November 21, 2023, the Federal Circuit in Purdue Pharma L.P et al. v. Collegium Pharm., Inc. (i) affirmed that the Patent Trial and Appeal Board (“Board”) has authority to issue a Final Written Decision after the statutory deadline has passed, and (ii) affirmed the Board’s determination that claims 1-17 of U.S. Patent No. 9,693,961 (“’961 patent”) are unpatentable for lack of written description.
IP Law 360
DECEMBER 6, 2023
Digital-effects company Rearden LLC's counsel told a California federal jury during opening arguments Wednesday that Disney owes up to $400 million for allegedly using its copyrighted special-effects software for the 2017 remake of "Beauty and the Beast" while Disney's counsel said it respects copyright law and "did nothing wrong.
JD Supra Law
DECEMBER 6, 2023
Rod Wave, like many other artists, recently obtained an ex parte seizure order from a federal court permitting the seizure and impoundment of fake merchandise infringing on his intellectual property rights in and around his concerts in Charlotte and barring the bootleggers from selling unauthorized merchandise. While a plaintiff would typically have to identify and serve a complaint on an actual defendant in a lawsuit to get this kind of extraordinary relief, the well-known rapper showed the.
IP Law 360
DECEMBER 6, 2023
An inventor is accusing Major League Baseball of infringing his 2015 patent for a digital ticketing system, which he says the league and its teams have used at ballparks without permission.
43(B)log
DECEMBER 6, 2023
Williams v. Hy-Vee, Inc., F.Supp.3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D. Iowa Mar. 15, 2023) Williams, a professional artist, was commissioned to paint an abstract mural on the wall of a building located in Des Moines, Iowa. The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.
JD Supra Law
DECEMBER 6, 2023
As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore the top developments and decisions from this year and their impact on your business. You’ll also gain valuable insights into the trends that are poised to shape the intellectual property landscape in 2024.
Patently-O
DECEMBER 6, 2023
There are still a couple of days left to have your voice heard in this survey. What do you think? Will AI lead to dramatic changes in patent prosecution over the next 5 years?
JD Supra Law
DECEMBER 6, 2023
Investing in the creation of industrial designs is critical in modern business practice, as it allows a company’s product to stand out in an increasingly competitive market dynamic. Just as important as creating distinctive product is ensuring its protection in the country where the company does, or intends to do, business.
Patently-O
DECEMBER 6, 2023
by Dennis Crouch Ontel Products Corp. v. Guy A. Shaked Investments Ltd. , No. 22-1938 (Fed. Cir.) This pending case raises key issues of (1) mootness in the IPR/Court interplay and (2) the role of secondary indicia in obviousness determinations. Gary Shaked (Dafni) holds several patents on hair straightening brushes, and the business took off as a video of the time-saving tool went viral.
JD Supra Law
DECEMBER 6, 2023
Volvo Penta of the Americas, LLC v. Brunswick Corporation (2022-1765, Decided August 24, 2023) - Patent litigators are well aware of the challenges of overcoming the substantial evidence standard on appeal from an adverse IPR decision by the Patent Trial & Appeal Board (PTAB).
IP Watchdog
DECEMBER 6, 2023
It was an overall below-average week for patent filings at both the Patent Trial and Appeal Board (PTAB) and district courts. The PTAB had only 15 new PTAB petitions—all inter partes reviews (IPRs), while the district court had only 24 new complaints filed. There were two more Fintiv discretionary denials this week, with the Board denying institution of two IPRs filed by IBM against inventor-controlled DigitalDoor Inc.
JD Supra Law
DECEMBER 6, 2023
In Nanobebe US Inc. v. Mayborn (UK) Limited et al., the PTAB denied a Petitioner’s Motion to submit supplemental information, even though Petitioner argued the information had been inadvertently omitted in the original petition. The PTAB denied the Motion because it “effectively change[d] the argument and evidence originally relied upon in the petition.
The TTABlog
DECEMBER 6, 2023
The Board affirmed a refusal to register the proposed mark STREAM THEATRES on the Supplemental Register for, inter alia , the streaming of audiovisual material during in-person events at movie theaters and other venues [STREAM disclaimed], finding the term to be generic for the services. "Consumers, in the context of Applicant's services. would understand the term STREAM THEATRES to refer to theatres where entertainment is streamed.
JD Supra Law
DECEMBER 6, 2023
The U.S. Patent and Trademark Office (USPTO) initiated a program on December 1, 2023 to encourage research, development, and innovation in the semiconductor manufacturing space. The Semiconductor Technology Pilot Program (“Pilot Program”) will expedite examination of patent applications for innovations that increase semiconductor device production, reduce semiconductor manufacturing costs, and strengthen the semiconductor supply chain.
WIPO Magazine
DECEMBER 6, 2023
Shannon Monk, an Indigenous (Mi’kmaw /Anishininew) woman from Canada, believes that cultural tourism is a natural opportunity for Indigenous peoples in Canada to reclaim and re-build their cultural heritage. Registering the Mi’kmaw cultural tourism brand is an important step in that journey.
IP Law 360
DECEMBER 6, 2023
The Third Circuit on Wednesday affirmed a Pennsylvania federal judge's order sanctioning a senior Cooley LLP lawyer after he filed evidence in a patent dispute past the discovery deadline, noting that while the order was "rather harsh," the district judge had the discretion to impose the sanctions.
Likelihood of Confusion
DECEMBER 6, 2023
Zorro first appeared in 1919. Naturally, Sony claims it owns him. (Is this a Sony company?) A little filmmaking outfit called Sobini begs to differ and is asking a judge. The post The Dead Hand of Copyright appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
DECEMBER 6, 2023
The Patent Trial and Appeal Board has found that all the claims in a Netlist flash memory patent were not valid, handing a win to Samsung as part of a larger intellectual property fight that has involved multiple patents.
LexBlog IP
DECEMBER 6, 2023
The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings. This new rule does not impact those already registered to practice any patent matters before the USPTO.
IP Law 360
DECEMBER 6, 2023
A Minnesota federal judge on Wednesday denied a cellular data-tracking company's motion for a favorable judgment or new trial, rejecting CellTrust Corp.'s arguments that a wrongly instructed jury erred in finding its patents weren't infringed — as well as rejecting other claims from both sides of the dispute.
LexBlog IP
DECEMBER 6, 2023
Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status for the applicant at the time of filing the patent application? The answer depends on whether the applicant qualifies for small entity status and, in particular, micro-entity status every time a fee is paid.
IP Law 360
DECEMBER 6, 2023
McCarter & English LLP announced that an experienced intellectual property partner from Stroock & Stroock & Lavan LLP who focuses on transactional matters joined the firm's New York office following the recent decision of his former firm to cease operations.
IP Watchdog
DECEMBER 6, 2023
In March 2023, the Patent Trial and Appeal Board (Board) addressed in Penumbra, Inc. v. Rapidpulse, Inc., IPR2021-01466, Paper 34 (Mar. 10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional. The Board held that the requirements of the Federal Circuit’s decision in Dynamic Drinkware, LLC v.
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