Wed.Feb 01, 2023

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Will the Year of the Rabbit be the Year of Contentious Copyright Litigation over AI-Generated Content?

Hugh Stephens Blog

According to the Chinese zodiac, the Year of the Rabbit (this year) is supposed to represent “relaxation, quietness and contemplation”. This “Rabbit Year” is predicted to be “calm and gentle”. (Good news for the people of Ukraine, if true). However, when it comes to the thorny issue of copyright and content generated by artificial intelligence … Continue reading "Will the Year of the Rabbit be the Year of Contentious Copyright Litigation over AI-Generated Content?

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Data Demonstrates the Value of a Trademark Attorney

Erik K Pelton

A recent study, Lessons from USPTO Trademark Prosecution Data, uses data from the USPTO records over four decades to show that working with an attorney improves the odds of success when applying to register a trademark. The full study by Deborah R. Gerhart and Jon J. Lee, published by the International Trademark Association’s Trademark Reporter, is available at [link].

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Kappos at PTAB Masters 2023: The PTAB Simply ‘Hasn’t Worked Out’ as Intended

IP Watchdog

During the PTAB Masters 2023 program, which was held this week on Tuesday and Wednesday at IPWatchdog’s headquarters in Ashburn, Virginia, former U.S. Patent and Trademark Office (USPTO) Director David Kappos explained on a panel about potential reform of the Patent Trial and Appeal Board (PTAB) that the PTAB was meant to be an alternative to district court, but “that hasn’t worked out.

Invention 126
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U.S. Identifies Top Pirate Sites and Other ‘Notorious Markets’

TorrentFreak

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. Drawing on input from copyright holders, the report includes a non-exclusive overview of sites and services that are believed to be involved in piracy or counterfeiting.

Marketing 121
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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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“This Law Will Be One of Scapegoating All Those Who Do Not Fit Into What Our Bureaucrats Think Canada Should Be”: Bill C-11 is Back with Stunning Rebuke From Senator David Adams Richards

Michael Geist

Senator David Adams Richards, an acclaimed Canadian author who has won Governor-General Awards for both fiction and non-fiction as well as a Giller Prize, provided the most memorable Senate speech for the ill-fated Bill C-10, stating on the Senate floor in June 2021 that “ I don’t think this bill needs amendments; I think, however, it needs a stake through the heart.

Law 120
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AnimixReplay Shuts Down After ACE Comes Knocking

TorrentFreak

Late last year, popular anime site AmimixPlay closed its doors , citing technical and motivational issues. The decision was a massive disappointment to its loyal user base, which was good for an estimated 100 million monthly visits. Following the site’s demise, several copycats popped up. A group of fans also created a new project to honor the original in a more respectful matter, while giving former users a new home; AnimixReplay.

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European Transformation Summit: Fresh leadership perspectives

McKinsey Operations

European transformation leaders share fresh perspectives based on their real-world experiences. A unifying principle to drive change and a structured approach to execute and sustain it can boost success.

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Tacos with a Side of Cease and Desist

IPilogue

Mariela Gutierrez Olivares is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. Controversy ensued when a Mexican food restaurant in the UK, Taquería, issued a cease and desist letter to a similar restaurant, Sonora Taquería, for infringement of their registered mark “Taqueria.” Yet taquería is Spanish for a place where tacos are sold.

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Life Sciences Litigation Update - January 2023

JD Supra Law

The issue of what is or is not patent-eligible subject matter under 35 U.S.C. § 101 has been hotly contested over the past decade. The debate stems largely from two U.S. Supreme Court decisions on the topic, as well as a large body of caselaw from the U.S. Court of Appeals for the Federal Circuit, which has been criticized for lacking uniformity.

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Tips For IP Lawyers Facing A Brave New AI World

IP Law 360

Larry Sandell at Mei & Mark offers takeaways for intellectual property lawyers on the current tsunami of artificial intelligence breakthroughs — including the limited ability to draft patents — to help IP holders and other clients ride the AI wave without getting crushed.

IP 98
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IPO Diversity in Innovation Toolkit

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.

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Media & Entertainment: 10 Legal Challenges for Companies in 2023

JD Supra Law

With the start of the new year, the ArentFox Schiff Media & Entertainment Industry team reviews 10 of the most pressing legal issues for companies in 2023. 1. Sweeping Impact of Generative AI - The gale wind roaring into 2023 for the entertainment industry (and others) is generative artificial intelligence (AI).

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How To Choose A Trademark Attorney

Patent Trademark Blog

Do you even need a trademark lawyer? Nowadays, there are so many options for filing a trademark application with the USPTO. Just like anything else on YouTube, you can even find do-it-yourself videos on filing trademark applications. With all this free advice readily avaiable, why do you even need to choose a trademark attorney? Time Is More Valuable Than Money: How A Good Trademark Attorney Will Save You Time (and money!

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PTAB Remains Hostile to Section 101 Appeals

JD Supra Law

There is ample evidence that patent examiner allowance rates vary dramatically from examiner to examiner and art unit to art unit.[1] This has resulted in the general understanding that there are "easy" examiners and "tough" examiners.

Art 98
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A guide to impact investing in Black economic mobility

McKinsey Operations

Eight socioeconomic pillars can support the growth of Black-owned businesses and increase opportunities for Black communities.

Business 116
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USPTO Director: Adverse Judgment Not Appropriate Where There Was No 'Unequivocal' Abandonment

JD Supra Law

The USPTO Director recently conducted sua sponte review of a Patent Trial and Appeal Board decision granting adverse judgment in four IPR proceedings where a panel found that the patent owner had abandoned the contests. In a precedential decision, the Director ultimately vacated and remanded the PTAB’s decision, and in doing so clarified the standard for abandonment in an IPR proceeding.

Patent 98
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2022 Economic Census Mail Out Begins: Data Helps Shape Decisions on Health of Economy

U.S. Department of Commerce

2022 Economic Census Mail Out Begins: Data Helps Shape Decisions on Health of Economy February 1, 2023 KCPullen@doc.gov Wed, 02/01/2023 - 13:40 Mailout of the 2022 Economic Census has begun! The Economic Census serves as the cornerstone of the nation’s economic statistics and the information it collects helps shape decisions that affect the health of the economy.

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Genentech, Inc. v. Sandoz Inc.

JD Supra Law

Case Name: Genentech, Inc. v. Sandoz Inc., No. 2022-1595, 2022 WL 17839055 (Fed. Cir. Dec. 22, 2022) (Circuit Judges Newman, Lourie, and Prost presiding; Opinion by Lourie, J.; Dissenting Without Opinion by Newman, J.) (Appeal from D. Del., Andrews, J.).

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Forward Thinking on how to get remote working right with Nicholas Bloom

McKinsey Operations

“There’s a lot of scare stories in the media saying hybrid doesn’t work,” says a leading economist. “My one piece of advice is just be intentional, be organized. Basically, get folks in on two, three days a week … and be really tough about having them come in. And then let them work from home on the other days.

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Section 230 Still Applies to User Reviews–Daniloff v. Google

Technology & Marketing Law Blog

It’s well-settled law that Section 230 protects review services for tortious user reviews. The Ninth Circuit told us this in 2016 (in Kimzey v. Yelp ), but the caselaw was already clear by then. Yet, here we are in 2023, still reiterating that venerable legal principle. Alexander Daniloff is an Oregon lawyer. His website stands out for its late 1990s design ethos, plus it uses line numbers on every web page (even the “contact us” page) as if they were court pleadings.

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Performance through people: Transforming human capital into competitive advantage

McKinsey Operations

A dual focus on developing people and managing them well gives a select group of companies a long-term performance edge.

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EPFO vs Sunil Kumar

IP and Legal Filings

Introduction In a recent decision, the Hon’ble Supreme Court of India, hearing appeals from various decisions of High Courts of Kerala, Rajasthan, and Delhi, which quashed most of the said amendments, examined the legality of some changes made to the pension scheme by the Central Government in 2014. The case was Employees’ Provident Fund Organisation & Another v.

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Cancelling a Patent Claim

Patently-O

by Dennis Crouch The pending case of Jump Rope Systems v. Coulter Ventures is fascinating to me as someone who teaches both property and civil procedure. The basic questions: (1) As an inter partes review (IPR) proceeding draws to a close – toward cancellation – at what point are the claims no longer enforceable? (2) What is the effect of cancellation, in particular, is it like canceling a magazine subscription where the former subscriber isn’t off the hook for past-due bills;

Patent 78
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Refurbishing Europe: Igniting opportunities in the built environment

McKinsey Operations

The built environment in Europe will need to transform to achieve the EU’s goals for net-zero emissions. This is challenging but will unlock societal benefits and business opportunities.

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Boston Scientific Hit With $42M Stent Patent Verdict

IP Law 360

A federal jury in Delaware has ruled that Boston Scientific infringed a patent related to stent systems, ordering the medical device giant to pay $42 million to the University of Texas and TissueGen Inc.

Patent 75
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Never too late: if you missed the IPKat last week

The IPKat

We can’t believe it’s already February. Here’s what you missed last week. Patents Benjamin unpacked a patent royalties dispute between the University of Oxford and a student inventor, where the English High Court explained which categories of students should be treated as consumers for the purposes of consumer protection law, and why. Annsley explored the consequentials hearing (which takes place after the judgement is given) to the aforementioned royalties dispute between Oxford and the student

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Models Score Default Win Over Club's 'Improper' Use Of Pics

IP Law 360

A D.C. federal judge has handed a default victory to professional models in their lawsuit alleging that a nightclub operator used their photos in its advertisements for events and parties without their consent, though the judge refused to award attorney fees.

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New US trade secrets law a ‘potential sledgehammer’ in dispute negotiations

IAM Magazine

President can now pick out foreign entities and subject them to a series of sanctions

Law 98
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Ex-Attys For Beach Boys Lead Singer Sanctioned In Discovery

IP Law 360

A Nevada federal magistrate judge on Wednesday granted Beach Boys singer Mike Love's bid for sanctions against his former lawyers, whom he accused of withholding documents and preventing him and his family from contacting key witnesses in a long-running dispute over attorney fees related to earlier representation of the musician.

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Disrupting Thailand’s B2B food marketplace: A conversation with Maknet’s Tirayu Songvetkasem

McKinsey Operations

The chief digital officer of a Thai incumbent catering to the food services sector explains how the company’s B2B spin-off combines the best of the start-up and enterprise worlds.

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Would-Be Warhol Saw His 'MetaBirkin' NFTs As A 'Gold Mine'

IP Law 360

A California designer who compares his work to that of Andy Warhol viewed his line of "MetaBirkin" non-fungible tokens as a "gold mine," a jury hearing trademark infringement claims brought by Birkin handbag maker Hermes International heard Wednesday.

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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

Here are three recent appeals from Section 2(d) refusals. As previously mentioned, a former TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods/services. How do you think theses three cases came out? [Results in first comment]. In re Iona College , Serial Nos. 90069213 and 90069574 (January 24, 2023) [not precedential] (Opinion by Judge Cindy B.

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[Video] Post-Grant for Practitioners Webinar | 2022 Year in Review

JD Supra Law

The Patent Trial and Appeal Board in 2022 continues to have a significant impact on IP litigation and strategy. Petitioners remain busier than ever, with a total of 1,367 filings in FY 2022. This year saw the impact of newly confirmed USPTO Director Kathi Vidal, who took an active role in issuing guidance refining the Board's approach to several key issues affecting practitioners.

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Delhi High Court holds that known substances must be clearly identified

IAM Magazine

The onus of identifying known substances in pharmaceutical patent applications is on the Indian Patent Office, according to a new ruling, which provides fresh clarity for prospective applicants.

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Schwab v. Schwab UDRP Results in Reverse Domain Name Hijacking Decision

LexBlog IP

Illustrating the dangers of filing a UDRP complaint where the domain registrant’s name and the asserted trademark are identical, a recent Uniform Dispute Resolution Policy (“UDRP”) decision denied the complaint, with a two-panelist majority finding the complaint failed to establish two of the three UDRP elements.

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German court establishes legal certainty for appeals against EPO decisions

IAM Magazine

The German Federal Constitutional Court has ruled against plaintiffs who argued that the EPO violated fundamental procedural rights and possesses obvious shortcomings in its level of legal protection.

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