Intellectual Property Law Blog
APRIL 24, 2023
We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023. Click here to read more.
Hugh Stephens Blog
APRIL 24, 2023
There is a well-known Chinese saying, attributed to Mao Zedong, that “women hold up half the sky”.
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Erik K Pelton
APRIL 24, 2023
The following is an edited transcript of my video Color Trademarks Case Study: T-Mobile Magenta. Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. They’re not terribly common for most brands, and that’s part of what makes them interesting. Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more.
The IPKat
APRIL 24, 2023
BusyBee - part Kat, part bee, all honey, no sting With spring slowly awakening northern Europe, the AmeriKat's friend, BusyBee, is starting to emerge and with it he brings news of a new WIPO publication. Last Friday, WIPO published An International Guide to Patent Case Management for Judges. The Guide, which is billed as " comprehensive and, at the same time, accessible " sets out the different stages of patent litigation in 10 patent jurisdictions including Australia (led by Justice (ret) Annab
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?
McKinsey Operations
APRIL 24, 2023
In transformations and capability-building efforts, leaders struggle to turn the data they collect into action. Behavioral insights can help create a bridge between information and results.
IP Watchdog
APRIL 24, 2023
One day before the U.S. Patent and Trademark Office (USPTO) is set to hold its first public listening session on AI inventorship, the U.S. Supreme Court today denied certiorari in the case of Thaler v. Vidal, which asked the Court to consider the question: “Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone?
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
McKinsey Operations
APRIL 24, 2023
Artificial intelligence is a machine’s ability to perform the cognitive functions we usually associate with human minds.
JD Supra Law
APRIL 24, 2023
As noted in our recent blog posts, The Rise of Next-Gen Business Process Outsourcing and Key Contracting Issues to Consider, the core premise of next-gen business process outsourcing (BPO) includes (1) the leveraging of automation, bots, performance tools, and other technology to transform and optimize workflows and business processes and (2) the implementation of solutions to collect and analyze data to improve user experiences and business outcomes.
TorrentFreak
APRIL 24, 2023
In mid-January, the European Commission (EC) issued a call for evidence to support a proposed “toolbox” of measures to combat live sports piracy. Rightsholders usually welcome support at the EU level with open arms, but in this case it only increased frustrations. Last October a huge coalition of rightsholders called on the EC to introduce new law that would compel intermediaries to take pirate streams offline within minutes of a complaint.
JD Supra Law
APRIL 24, 2023
Personal 3D printing has seen leaps in advancement in recent years, allowing users to render increasingly sophisticated creations from the comfort of their own home. These creations can include anything from gaming miniatures to medical devices, often for pennies on the dollar. With these advancements, however, comes a growing need for intellectual property owners to actively protect their property through trademark and copyright registrations.
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.
IP Law 360
APRIL 24, 2023
The U.S. Supreme Court on Monday agreed to take up two separate appeals in the Ninth and Sixth Circuits over when public officials can block individuals from their Facebook pages.
IP Intelligence
APRIL 24, 2023
Discussions held over the past several months regarding authorship of AI-generated works have suffered from at least two things—1) an outsized focus on whether the users of commercially available generative AI (GAI) can own the content returned to them by the AI software, and 2) an outsized focus by the Copyright Office on a need to predict the results of AI and purposely control every detail of the output.
JD Supra Law
APRIL 24, 2023
This 4/20, patent owners with Intellectual Property (“IP”) related to cannabis have one more reason to celebrate as they may be able to enforce their rights against infringers in federal court. IP rights may provide an enforceable protection against copycats and competitors in the market, and may provide significant value to a company’s balance sheet.
Likelihood of Confusion
APRIL 24, 2023
Originally posted on February 3, 2016. It’s not as if I’ve got a problem with DC Comics or something, but, well, here you go. They’re just being like that! And. The post Holy copyright baloney, Batman! (Best of 2016) appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
APRIL 24, 2023
Artificial Intelligence (AI), including ChatGPT, has now ushered its way regularly into management conversations. How can AI benefit an organization, provide it with a competitive advantage, or make it more efficient? At the same time, what questions should in-house counsel be asking to assess how to balance AI benefits versus its legal risk? With those questions in mind, we bring you the Baker's Dozen; where we provide you with questions that run the gamut from general to more specific covering
The IPKat
APRIL 24, 2023
The patent case law in Europe and the US diverges on the question of how routine it is to find new antibodies for a known target. In the US, claims directed to a group of antibodies functionally defined by the sequence of their target (so-called epitope claims), generally fall foul of the strict US written description and enablement requirements. By contrast, the EPO considers it routine for a skilled person to generate antibodies against a known target.
JD Supra Law
APRIL 24, 2023
The patent statute requires that, to be patentable, the subject matter of an invention must be at least one of a process, machine, article of manufacture, or composition of matter. It is hard to find examples of things that do not fall into these broad categories, though signals in motion and data at rest are two.
Patently-O
APRIL 24, 2023
by Dennis Crouch The Supreme Court denied certiorari in Thaler v. Vidal , a case involving inventor Dr. Stephen Thaler’s attempt to patent an invention created by his artificial intelligence (AI) system, DABUS. Thaler argued that DABUS, not himself or any other human, conceived the invention and identified its significance. However, both the United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit (CAFC) maintained that US patent laws require a hu
IP Watchdog
APRIL 24, 2023
On April 20, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in FS.com v. International Trade Commission affirming the ITC’s determination that fiber optic cable distributor FS.com violated 19 U.S.C. § 1337 by importing goods infringing upon patent claims owned by Corning Optical Communications. This relatively short Federal Circuit decision dealt mainly with FS.com’s enablement arguments on appeal, which the appellate court nixed after finding that skilled
U.S. Department of Commerce
APRIL 24, 2023
2023 SelectUSA Investment Summit: Commerce Secretary Gina Raimondo Announces Speaker Lineup, Includes White House Senior Officials, U.S. Cabinet, U.S. Governors, and Prominent Private Sector Leaders April 24, 2023 KCPullen@doc.gov Mon, 04/24/2023 - 12:17 Export and investment promotion The U.S. Department of Commerce and SelectUSA announced the lineup of global executives, business leaders and U.S. government representatives who will address participants at the 2023 SelectUSA Investment Summit f
IP Watchdog
APRIL 24, 2023
This week in Washington IP news, the World Intellectual Property Organization (WIPO), the United States Patent and Trademark Office (USPTO) and others celebrate World Intellectual Property Day with multiple events. A House subcommittee holds a hearing overseeing recent developments at the USPTO. The Senate is also in session as it discusses the two new finalized rules from the Small Business Administration on expanding capital access to small businesses.
McKinsey Operations
APRIL 24, 2023
Flying taxis may no longer be a flight of fancy. While the challenges are real, this segment of advanced air mobility is ready for takeoff.
IP Law 360
APRIL 24, 2023
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
IP and Legal Filings
APRIL 24, 2023
The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Section 2(d) of the Act defines a Design as: “Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether
IP Law 360
APRIL 24, 2023
A German microscope company failed Monday to convince the Federal Circuit that the Patent Trial and Appeal Board was wrong to reject the company's case for combining language in older research in order to challenge the novelty of a patent issued to the University of Michigan that covers a new way of measuring fluorescence.
McKinsey Operations
APRIL 24, 2023
Meeting the renewable-electricity demand for mines by 2050 requires significant capital expenditures and infrastructure improvements.
IP Law 360
APRIL 24, 2023
TikTok and its counsel from Gibson Dunn are seeking more than $8 million in attorney fees after a California federal jury cleared the company in a trademark suit, saying plaintiff Stitch Editing's "bad faith" approach warrants the sum.
LexBlog IP
APRIL 24, 2023
Discussions held over the past several months regarding authorship of AI-generated works have suffered from at least two things—1) an outsized focus on whether the users of commercially available generative AI (GAI) can own the content returned to them by the AI software, and 2) an outsized focus by the Copyright Office on a need to predict the results of AI and purposely control every detail of the output.
IP Law 360
APRIL 24, 2023
A trial over whether Ed Sheeran's pop hit "Thinking Out Loud" copied Marvin Gaye's iconic "Let's Get It On" is set to begin Tuesday in Manhattan federal court, following a voir dire process that eliminated music professionals and Sheeran fans from the jury panel.
Kluwer Copyright Blog
APRIL 24, 2023
Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry , which was prepared by the authors for the World Intellectual Property Organization. It focusses on the state of the art of the video game industry and the role of IP, in particular copyright, throughout the lifecycle of video games as complex digital products.
The IPKat
APRIL 24, 2023
Kat friend Roya Ghafele reports on the leaked draft of the European Commission IP Action plan and its possible consequences. What can be more exciting than reading a leaked document. This was my first thought in seeing emails in my mailbox containing a copy of the ‘leaked’ European Commission IP Action plan. It was rumoured that a representative from a Member State leaked the document, but who knows.
LexBlog IP
APRIL 24, 2023
In the latest court decision to grapple with the scope of trademark rights in the metaverse, the Central District of California handed a significant win to Yuga Labs, creator of a collection of 10,000 NFTs (non-fungible tokens) marketed under the name BORED APE YACHT CLUB, or BAYC.
IP Law 360
APRIL 24, 2023
The U.K. government has recognized that supporting innovation is more important than ever, and World Intellectual Property Day 2023 provides a reminder to consider how IP rights can help to stimulate that innovation through the protection of ideas, say attorneys at Potter Clarkson.
LexBlog IP
APRIL 24, 2023
My staff teases me a lot about certain phrases that I repeat over and over (and over). They should. I would tease me a lot, too. That doesn’t mean that I shouldn’t keep repeating those things, though. A lot of the repeat-isms are things I say to myself even more often than I say to them. One such gem? “How do you eat a brontosaurus?
IP Law 360
APRIL 24, 2023
A patent owner has willingly abandoned its infringement litigation against home security maker Canary Connect shortly after fighting calls by the chief district judge in Delaware to disclose information regarding its business associations and legal representation, according to Delaware federal court documents.
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