Tue.Mar 12, 2024

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Copyright Claims Board Finds Documentary was Fair Use

Plagiarism Today

In a case involving clips from an Andrew Dice Clay comedy special, the Copyright Claims Board has found a documentary was a fair use. The post Copyright Claims Board Finds Documentary was Fair Use appeared first on Plagiarism Today.

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New York Times Hits Back at OpenAI’s Hacking Claims

IP Watchdog

In an opposition brief filed Monday, The New York Times Company (The Times) told a New York district court that OpenAI’s late February claim that The Times “paid someone to hack OpenAI’s products” in order to prove OpenAI infringed its copyrights amounts to little more than “grandstanding.” In late December 2023, the Times became the latest of many complainants to accuse OpenAI’s Large Language Model, ChatGPT, as well as Microsoft’s GPT-4-powered Bing Chat, of widespread copyright infringement.

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3 Count: Hopping Mad

Plagiarism Today

Bad Bunny sues fan over concert video, Brazil under scrutiny by USTR and New Zealand Appeals Court finds copyright relationship property. The post 3 Count: Hopping Mad appeared first on Plagiarism Today.

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Golf Course Copyright Bill Implications Go Beyond The Green

IP Law 360

A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.

Copyright 105
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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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Pirate Streaming Site Vumoo.to Goes Offline Following ACE Action

TorrentFreak

The Alliance for Creativity and Entertainment ( ACE ) is the world’s most active anti-piracy coalition, initiating and assisting enforcement efforts around the world. Most anti-piracy actions are focused on streaming sites and services, many of which are located in or operated from Vietnam. ACE previously visited Vietnam and met with government officials to explore potential solutions to address the problem.

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Judiciary Touts New Policy To Rein In Judge Shopping

IP Law 360

The Judicial Conference of the United States on Tuesday said it has updated a policy on random case assignments to ensure litigants can't shop for the judge of their choice by going to a one-judge district court.

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Meta Alleges 'Brazenly Disloyal' Ex-Exec Stole AI Secrets

IP Law 360

Meta Platforms Inc. has sued a former Meta vice president in California state court, accusing the executive of "brazenly disloyal and dishonest conduct" for allegedly defecting to an artificial intelligence startup with the social media company's proprietary vendor contracts, AI "roadmaps" and employment data to recruit Meta's top talent.

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Connecting with Digital Natives through Brand Protection

JD Supra Law

With the constant rise of counterfeiting, protecting one’s brand is now more important than ever. Many brand owners already take protective steps to protect their brands such as registering brands through trademark and copyright registrations and monitoring fraudulent use of said brands. However, with our current social media-driven world, connecting with the digitally native generations is a critical measure brand owners should consider in protecting their reputation and their consumers.

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Wash. Judge Skeptical Of Models' Strip Club Ad Claims

IP Law 360

A Washington federal judge seemed doubtful Tuesday of models' damages bid against a Seattle cabaret that allegedly used their images without permission, unconvinced that those who spotted the ads would truly believe such elite models worked at the "mediocre" strip club with bad Yelp ratings.

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Funding Strategies in the Generative AI World – Why Patents Should Still Matter to Investors: A Conversation with Technology Disruptor and CEO Linda Bernardi

JD Supra Law

In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Mauricio A. Uribe speaks with author, technology disruptor, strategist and CEO Linda Bernardi on the role of patent strategies in VC funding opportunities and due diligence. Leveraging Linda’s current role as CEO at XdMind Inc., a revolutionary company using AI to dynamically adapt music to video gaming, as well as her previous executive-level experience at IBM, Element AI, and Consensys, Mauricio and Linda explore the role of.

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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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Ericsson Fights To Fend Off Lenovo FRAND Battle In UK

IP Law 360

Ericsson asked a London court on Tuesday to reject Lenovo's request for fair rates for the use of each other's patents to be set in the U.K., arguing that the Chinese tech giant was forum shopping to disturb ongoing proceedings in the U.S.

Patent 97
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Using Empty Slots on the Assembly Line

Christopher Roser

Normally, assembly lines are run with a product in every slot of the line. However, for various reasons, sometimes you may have an empty spot. Depending on your assembly line, you may even play with the general distance between products on the line. The latter is called variable takt, or VarioTakt. In this post I. Read more The post Using Empty Slots on the Assembly Line first appeared on AllAboutLean.com.

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Hytera Can't Go To Chinese Court In $540M Motorola IP Fight

IP Law 360

A major Chinese radio company cannot pursue a bid in Chinese court to bar Motorola's motion for an anti-suit injunction, an Illinois federal judge ruled late Tuesday.

IP 74
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Celebrate Diversity in Intellectual Property - Women's History Month 2024

JD Supra Law

Ladas & Parry LLP considers diversity and inclusion as core values and principles that provide access to opportunity, maximization of expertise and a range of perspectives and ensures excellence, particularly in the IP field. We salute those who have helped shape the world and would like to shine a light on these pioneers who sometimes receive little or no credit.

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Patent Deal Brings End To Philip Morris E-Cig Import Ban

IP Law 360

The U.S. International Trade Commission has decided to pull its import ban on a line of Philip Morris e-cigarette products following a settlement of its patent fight with British American Tobacco, over the objections of the agency's own in-house lawyers.

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USPTO Guidance On The Impact Of Artificial Intelligence On Patent Inventorship

JD Supra Law

On February 12, 2024, the United States Patent and Trademark Office (USPTO) released guidance and a solicitation for public comments on assessing inventorship in the context of inventions aided by artificial intelligence (AI). This guidance, which took effect on February 13, 2024, clarifies that inventions facilitated by AI can still be patented and underscores the importance of human involvement in the inventive process to qualify for patent protection.

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'Success Kid' Meme Fight Tests Limits of Copyright Law

IP Law 360

An Eighth Circuit panel considered Tuesday the question of how far federal copyright law stretches to cover the use of memes while debating the effect of last year's landmark Warhol ruling on a suit against a former U.S. representative's use of the "Success Kid" meme in a fundraising post.

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University Trademarks & Alumni Associations: How Far Is Too Far?

JD Supra Law

With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have been around as long as some of the oldest colleges and universities in the nation. Schools are often faced with the question of how far they will permit an alumni association to utilize trademarks, colors and slogans in furtherance of raising funds without an explicit.

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Autonomous vehicles and IP: how one UK business is driving change

Intellectual Property Office Blog

UK-based business, Oxa was the first company in the UK to test self-driving cars on public roads as part of Project Endeavour, an Innovate UK-funded trial. We caught up with Oxa’s Head of Licencing and IP Management Alex Tame to find out how owning IP has played a role in the research, production and scaling of their innovative AV technology.

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AI rise increases importance of IP audits

JD Supra Law

Having a clear view of your company’s patents, trademarks, copyrights and ‎trade secrets is a first step to protecting your intellectual property and ‎building a process to maximize new IP value.‎ It’s well known that a company’s intellectual property can be a valuable asset. But as general counsel, how much do you think about your IP portfolio? Originally published by Industry Dive - March 7, 2024.

IP 68
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Workshop on Patent Oppositions in the Pharmaceutical Field [Kochi, April 26-30]

SpicyIP

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing a workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 26-30, 2024. The last date to apply for the workshop is March 24, 2024. For further details, please read the call for applications below: Workshop on Patent Oppositions in the Pharmaceutical Field Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are

Patent 59
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Latest Federal Court Cases - March 2024 #2

JD Supra Law

Pfizer Inc. v. Sanofi Pasteur Inc., Appeal Nos. 2019-1871, -1873, -1875, -1876, -2224 (Fed. Cir. Mar. 5, 2024) This week’s Case of the Week mostly resolves an appeal filed five years ago, following decisions from the PTAB in IPRs that were filed as early as 2017. Although the decision covers a number of issues, the portion that arguably broke new ground relates to the question of obviousness—specifically the “result-effective variable doctrine.”.

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Patent Case Against Samsung Paused For PTAB Proceedings

IP Law 360

A Texas federal judge said he is staying a suit accusing Samsung's phones of infringing a technology company's patent, noting that there were challenges to the patent going forward before the Patent Trial and Appeal Board.

Patent 59
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Takeaways From USPTO's AI-Assisted Invention Guidance

JD Supra Law

Pursuant to efforts by the federal government to develop artificial intelligence in a safe, secure and trustworthy manner, the U.S. Patent and Trademark Office issued inventorship guidance for inventions developed with assistance of AI in February. The guidance clarifies how inventorship is to be determined for the purposes of a patent when AI is involved in the innovation process.

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Federal Circuit Won't Reconsider Axing Tyvaso Patent

IP Law 360

The full Federal Circuit on Tuesday declined to review a panel ruling from late last year that sided with a Patent Trial and Appeal Board decision that there was nothing patentable about a way of administering a blockbuster pulmonary hypertension drug.

Patent 59
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Vidal Delays OpenSky Payment But Upholds Attorney’s Fees Award for VLSI

IP Watchdog

On March 11, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued an order on rehearing that upheld the attorney’s fee award levied against petitioner OpenSky Industries over its abuse of process during inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). Although Director Vidal’s order delayed the date by which OpenSky must pay, the ruling nixed OpenSky’s challenges to the more than $400,000 attorney’s fee award in favor of patent owner VLSI.

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Barstool Sports Hit With Copyright Suit Over Wildfire Video

IP Law 360

A videographer has accused Barstool Sports Inc. of using his footage of the Marshall fire in Superior, Colorado, on its Instagram page without his permission, according to a lawsuit filed in New York federal court.

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SpicyIP Tidbit: Error 404! DHC addresses the Out-of-Order Condition of Trademark Registry’s Website

SpicyIP

The troubles for the Office of the Controller General of Patent, Designs, and Trade Mark (CGPDTM) just don’t seem to end anytime soon. In yet another “out of the frying pan and into the fire” situation for the CGPDTM, after the corruption allegation (covered here ), the Delhi High Court passed an order on 7 March 2024 in IPAA v CGPDTM seeking directions for the suspension of Trademark Registry related limitation periods till the complete resumption of the services of the website/port

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Never Too Late: If you missed the IPKat last week!

The IPKat

If you were too busy to stay up-to-date with the IP news last week, here's the summary of what you missed. IP Generally Image from yacubee via Pixabay. Antonios Baris reviewed the book, Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development , edited by Prof. Jacques de Werra. This edited collection addresses the relationship between sustainability and the different IP “ecosystems”, including patents, trade marks, copyright, and unfair competition

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Federal Court requirements for electronic discovery of documents and metadata

LexBlog IP

Electronic discovery in the Federal Court of Australia (FCA) is nothing new. From July 2014, the FCA began implementing the Court’s electronic court file (ECF) across its Australian registries. This enabled the Court to embrace the use of technology in proceedings, including the use of electronic discovery, eLodgement, eTrials, eCourtroom, and video conferences.

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IP Offices Tell Congress Legal Changes Not Needed For NFTs

IP Law 360

The U.S. Patent and Trademark Office and the U.S. Copyright Office told Congress in a report Tuesday about the intellectual property implications of nonfungible tokens, identifying opportunities and concerns about the technology, while advising against changing IP law or policy as a result.

IP 52
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Another Idea for Improving the Defend Trade Secrets Act: Providing an “Off Ramp” to the Plaintiff Who Wants to Avoid a Costly Litigation

LexBlog IP

In a post last year , I proposed a solution for a recurring problem in trade secret litigation–namely, the situation where a former employee takes information but quickly regrets their conduct and looks for a way to resolve the dispute. As readers will recall, I proposed a “safe harbor” that would allow that former employee to provide disclosures and an injunction to address their former employer’s legitimate concerns.

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Daiichi Urges Court To OK Arbitrator's Award Against Seagan

IP Law 360

Japanese drugmaker Daiichi Sankyo has asked a Seattle federal judge not to toss an arbitral award refusing Seagen Inc.'s claims for billions of dollars in a dispute over cancer drug patents, saying the U.S. biotech company has incorrectly lodged a petition to vacate the award.

Patent 52
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The Corporate Transparency Act is Here. Now It’s in Court?

LexBlog IP

I truly thought my hiatus from Corporate Transparency Act blog posts was going to run longer than this. However, recent events compelled the original three-part series (see those original parts here , here , and here ) to grow into four parts. So, what’s all the hubbub? On March 1, 2024, the U.S. District Court for the Northern District of Alabama granted an injunction sought by the National Small Business Association [NSBA] to prevent the Financial Crimes Enforcement Network (FinCEN) with

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Roberto Clemente's Family Appeals Puerto Rico TM Loss

IP Law 360

The family of the late MLB Hall of Famer Roberto Clemente is asking the First Circuit to revive trademark claims against Puerto Rico for the unauthorized use of the former Pittsburgh Pirates outfielder's image on license plates and vehicle registrations.