Plagiarism Today
FEBRUARY 28, 2024
A case before the Copyright Claims Board tests the boundaries of public domain and artistic creativity when it comes to tarot cards. The post The Copyright Battle Over a Tarot Card Deck appeared first on Plagiarism Today.
Intellectual Property Law Blog
FEBRUARY 28, 2024
In University of South Florida Board of Trustees v. United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. Specifically, where a recipient of federal funds subcontracts out work to be performed using those federal funds and the subcontractor reduces an invention to practice, the Government’s license rights can be triggered by that reduction to pr
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Plagiarism Today
FEBRUARY 28, 2024
OpenAI accuses New York Times of hacking, Amazon dues over Road House remake and Nintendo sues makers of Yuzu emulator. The post 3 Count: AI Hacker appeared first on Plagiarism Today.
Erik K Pelton
FEBRUARY 28, 2024
Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com. The post 25 Ways to Avoid Trademark Scams appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com.
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?
Michael Geist
FEBRUARY 28, 2024
Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed. In my initial post on the bill , I identified the provisions as one of three red flags, warning that they “ feature penalties that go as high as life in prison and open the door to a tidal wave of hate speech related complaints.
JD Supra Law
FEBRUARY 28, 2024
Over the last several months, the United States Patent and Trademark Office (“USPTO”) publicized its attention to the impact of artificial intelligence on U.S. patent practice. On February 6, 2024, the USPTO issued its guidance document (“Board Memo,” available here) related to the potential use of AI in legal proceedings before the Patent Trial and Appeal Board and the Trademark Trial and Appeal Board (collectively, “the Board”).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
FEBRUARY 28, 2024
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
TorrentFreak
FEBRUARY 28, 2024
Over the years, plenty of TV show episodes have leaked online in advance of their official release. Game of Thrones had several prominent episodes come out early , sometimes several at once, and successor ‘House of the Dragon’ saw the season finale debut early. In most cases, these leaks are broadly advertised by the pirate groups who put them online.
IP Law 360
FEBRUARY 28, 2024
Global intellectual property law firm Fish & Richardson PC announced on Wednesday that two Chicago-based litigators from Jenner & Block LLP have joined the firm's life sciences team as partners.
JD Supra Law
FEBRUARY 28, 2024
It is well established that under the First Sale Doctrine luxury resellers have the right to resell genuine, pre-owned goods, and advertise them as such. But does the doctrine give merchants carte blanche in advertising name-brand items in the secondary market? By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
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.
The IPKat
FEBRUARY 28, 2024
This is a review of Music Borrowing and Copyright Law, a Genre-by-Genre Analysis , edited by Enrico Bonadio (City, University of London) and Chen Wei Zhu (University of Birmingham). The book examines the multifaceted dynamics between copyright law and music borrowing within different music genres from across the world, including pop, hip-hop, jazz, blues, electronic and dance music, as well as region-specific genres, such as Jamaican music, River Plate Tango, Irish folk music, Hungarian folk mus
JD Supra Law
FEBRUARY 28, 2024
According to Statista*, in 2020 computer technology patents made up the majority of patent applications in the U.S., totalling approximately 60,000 patents. In 2022, Unified Patents** found that software, hardware, and networking-related litigations constituted approximately 70% of all district court litigations. This surge in technology-related patent applications and litigations underscores how important source code review….
IP Law 360
FEBRUARY 28, 2024
A California federal judge pared some claims from a proposed class action claiming Meta Platforms Inc. violates Illinois' Biometric Information Privacy Act by unlawfully using voice recordings created by users of its Facebook and Messenger platforms, but allowed the plaintiff to amend claims that the social media giant profited from and improperly stored her data.
JD Supra Law
FEBRUARY 28, 2024
In a 2022 decision involving Janssen and Pharmascience, the Federal Court found that the claims of Canadian Patent No. 2,655,335 (335 patent, relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA)) were not invalid for obviousness or as a method of medical treatment.
IP Law 360
FEBRUARY 28, 2024
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
JD Supra Law
FEBRUARY 28, 2024
On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of reasons. Those who plan to use photos based on a fair use defense should take heed of this decision.
Technology & Marketing Law Blog
FEBRUARY 28, 2024
by guest blogger Kieran McCarthy There is a new most important legal precedent in the world of web scraping. Bright Data appears to have prevailed in its dispute against Meta. Last Friday, the parties stipulated to dismiss their lawsuit, with Meta formally waiving its right to appeal the controversial January 23rd decision from Judge Chen. Given that most observers in this space were surprised by Judge Chen’s summary judgment decision, Meta’s decision not to appeal seems even more surprising.
JD Supra Law
FEBRUARY 28, 2024
Several recent developments in U.S. standard-essential patent litigation (SEP) provide insight into the evolving U.S. SEP landscape and how parties and courts shape parties’ obligations to negotiate licenses for SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms.
Kluwer Copyright Blog
FEBRUARY 28, 2024
Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. On 6 February 2024, in its response to the AI White Paper consultation , the UK government announced that it will drop its plans for a code of practice on copyright and AI – a work it has been carrying out for less than a year since its announcement in May 2023.
JD Supra Law
FEBRUARY 28, 2024
ChatGPT and similar generative artificial intelligence (AI) tools rely on large language models (LLMs). LLMs are fed massive amounts of content, such as text, music, photographs and film, which they analyze to discover statistical relationships among these inputs.
IP Law 360
FEBRUARY 28, 2024
A federal judge in Texas on Wednesday opted to punish an alleged shell company, but not its litigious attorney, for asserting patents that were already expired in another failed lawsuit, this time against television maker Vizio Inc.
JD Supra Law
FEBRUARY 28, 2024
Case law informs the definition of “trade secret” which assists us as we prospectively counsel clients and litigate trade secret cases. In addition to the statutory definitions of “Trade Secret” that control what’s included there is, of course, also a growing body of case law that further sets the metes and bounds of what is and is not a trade secret.
IP Law 360
FEBRUARY 28, 2024
The U.S. Government Accountability Office sustained an intellectual property research firm's protest of a $267 million deal to help the U.S. Patent and Trademark Office review patent applications, saying the deal's winner didn't meet a clear small business subcontracting requirement.
JD Supra Law
FEBRUARY 28, 2024
Die überarbeiteten Fassungen der AIFM- und der UCITS-Richtlinie stehen fest und sollen Mitte 2024 in Kraft treten. Die Mitgliedstaaten haben dann zwei Jahre Zeit zur Umsetzung. Änderungen sind insbesondere bei den Themen Auslagerung, Darlehensfonds und Liquditätsmanagement geplant. Dieser Beitrag fasst die wesentlichen Neuerungen zusammen und gibt einen Überblick über das weitere Verfahren.
IP Watchdog
FEBRUARY 28, 2024
Today, Judge Pauline Newman celebrates 40 years on the U.S. Court of Appeals for the Federal Circuit (CAFC). Newman was appointed to the court on January 30, 1984, by then-President Ronald Reagan and officially assumed office on February 28, 1984. Newman was the first judge to be appointed directly to the Federal Circuit; all of the standing judges at that time attained their position through the merger of the Court of Customs and Patent Appeals and the appellate division of the United States Co
JD Supra Law
FEBRUARY 28, 2024
The expiration of the 95-year copyright for Disney’s first Mickey Mouse from Steamboat Willie marked a momentous day in IP history. It also shines a spotlight on the public domain, and the inescapable fact that, as time passes, the owners of rights afforded to deceased artists and authors, and even living inventors, cannot prevent the commercialization of elapsed IP.
Trading Secrets
FEBRUARY 28, 2024
It should come as no surprise to readers of our blog that restrictive covenants are facing significant headwinds. The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other restrictive covenants such as customer and employee non-solicits and even non-disclosure agreements. These limitations—or proposed limitations—have come in a variety of forms; for example, many states have enacted so-called low-wage bans and choice of law and forum restrictio
JD Supra Law
FEBRUARY 28, 2024
In our PTAB Spotlight Series, attorneys will share their valuable insights on PTAB practice today, the challenges and opportunities clients face, and the trends practitioners should follow. Jason D. Eisenberg is a director in Sterne Kessler’s Electronics Practice Group and a Practice Leader for the Reexamination and Reissue Practice. He was previously a Practice Group Leader in the Electronics Practice Group.
IP Tech Blog
FEBRUARY 28, 2024
Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. In the ever-evolving landscape of advertising regulations, the recent decision by the UK’s Advertising Standards Authority (ASA) regarding social media posts by former footballers in relation to Supreme CBD’s products have sparked discussion in the press.
JD Supra Law
FEBRUARY 28, 2024
During the New York State Bar Association IP Section Annual Meeting on January 17, 2024, Kilpatrick’s Tony Glosson spearheaded the “Cybersecurity/Data Privacy” panel with fellow speaker Sharfy Salek of LexisNexis® Risk Solutions. The firm’s Marc Lieberstein, Co-Chair of the Annual Meeting program, served as moderator for the panel. Kilpatrick’s Ted Davis also presented his annual “Recent Developments in United States Trademark and Unfair Competition Law” program. * The opinions expressed are.
IP Law 360
FEBRUARY 28, 2024
Spencer Fane LLP has hired three McKool Smith intellectual property attorneys who specialize in high-stakes patent and trade secrets disputes, including a first-chair trial lawyer who focuses on bet-the-company litigation, to join the firm as partners, Spencer Fane announced Wednesday.
JD Supra Law
FEBRUARY 28, 2024
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: SCOTUS Won’t Hear Challenge to PTAB’s Fintiv Rule- The U.S. Supreme Court’s decision to deny certiorari in Intel v. Vidal, covered by Bloomberg Law and IP Watchdog, means the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board can continue to use its discretion in declining institution of inter partes review (IPR) if there is parallel.
IP Law 360
FEBRUARY 28, 2024
The Intercept and two other news publications filed nearly identical complaints against OpenAI and Microsoft Wednesday, accusing them of removing author and copyright information from material used to train ChatGPT.
LexBlog IP
FEBRUARY 28, 2024
In University of South Florida Board of Trustees v. United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. Specifically, where a recipient of federal funds subcontracts out work to be performed using those federal funds and the subcontractor reduces an invention to practice, the Government’s license rights can be triggered by that red
IP Law 360
FEBRUARY 28, 2024
A California state appeals court on Tuesday said a trial court was wrong to disqualify a law firm from representing a journalist suing the Hollywood Foreign Press Association over possession of privileged documents.
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