IP Watchdog

FEBRUARY 9, 2024

This week in Other Barks and Bites: the CAFC revives a food slicer patent dispute and partially vacates the Patent Trial and Appeal Board on written description in two precedential rulings; DraftKings accuses a former executive of stealing trade secrets and heading to a rival gambling company ahead of the Super Bowl; and a German patent court issues and injunction that could limit some HP and Dell products from being sold in the country.

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Patent Application Patent Reporting IP 109

SpicyIP

FEBRUARY 9, 2024

Image from here On January 10, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024. As discussed by Pragya Singh and Lakshita Handa, here , the proposed Rules are marred with inconsistencies and can surely benefit from an assessment through the principles of simplicity, rationality, accountability and accessibility.

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Trademark Publishing Designs Design 105

JD Supra Law

FEBRUARY 9, 2024

The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news organization did not alter or add any new expression required to overcome the requirements for….

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Fair Use 105

TorrentFreak

FEBRUARY 9, 2024

From the very beginning and from every possible angle, this story makes almost no sense. But it will, eventually. By chance, when trying to track down a document a few weeks ago, a.pdf file with ‘IPTV’ in the description suddenly stood out in Google search results. Interesting things can appear by pure luck but, on first view, the document seemed quite mundane.

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Publishing Reporting Marketing Marketing 100

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?

Technology

IP Law 360

FEBRUARY 9, 2024

A group of writers suing OpenAI over copyright infringement allegations is accusing the Microsoft-backed startup of "forum shopping for the most favorable schedule," and is asking a federal judge in California to stop the company from trying to litigate a similar suit in New York federal court just because its lawyers made some deals to get a better timetable there.

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TorrentFreak

FEBRUARY 9, 2024

At the end of 2020, the operator of one of the largest YouTube rippers took the unprecedented step of taking the music industry to court. Yout.com’s Johnathan Nader had grown tired of the bombardment of DMCA takedown requests and allegedly defamatory claims. In response, he sued the RIAA, asking the federal court in Connecticut to declare his service non-infringing.

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Music Technology Copying Copyright 94

JD Supra Law

FEBRUARY 9, 2024

In the rapidly evolving digital landscape, the European Union’s Data Act (Data Act), adopted on November 27, 2023 marks a significant shift in data, privacy, and intellectual property regulation. The Data Act applies to manufacturers of connected devices (such as IoT and medical devices, but also connected vehicles). Among other entities, it also applies to data processing services, such as cloud services providers and their users, public sector bodies, and others.

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Intellectual Property Privacy 84

The IPKat

FEBRUARY 9, 2024

The IPKat brings you information regarding happenings in the world of IP this week: Events 2024 WIPO Global Awards WIPO announced the call for entries for the 2024 WIPO Global Awards, open from January 15 to March 31, 2024. This year, the competition welcomes startups, alongside small and medium-sized enterprises (SMEs) from around the world active in all sectors of the economy to apply– be that technology, agriculture, the creative industries or beyond.

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Intellectual Property Music IP Law 67

JD Supra Law

FEBRUARY 9, 2024

In a recent opinion piece in Newsweek, Dr. Rahul Tiwari asserts that pharmaceutical companies in India have an opportunity to supplant China's dominant position in producing active pharmaceutical ingredients ("API's") and other raw materials that are critical elements in the U.S. drug supply chain.

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Trademark and Copyright Law Blog

FEBRUARY 9, 2024

As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item. This season, celebrities Taylor Swift, Simone Biles, and others have worn unique designs based on NFL jerseys and related team-branded gear. These upcycled garments were created by Kristin Juszczyk, the wife of San Francisco 49ers fullback Kyle Juzczyk and an up-and-coming designer in her own right.

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Social Media Licensing Branding Brands 64

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.

Patent

JD Supra Law

FEBRUARY 9, 2024

In its ongoing action focused on robocalls, the Federal Trade Commission (FTC) is taking steps against two companies that make robocalls possible. It recently announced separate settlements against companies accused of assisting telemarketers to make prerecorded messages or calls to numbers on the Do Not Call (DNC) list.

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Settlement 79

The IP Law Blog

FEBRUARY 9, 2024

Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here.

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Trademark Law Law Trademark Intellectual Property 57

JD Supra Law

FEBRUARY 9, 2024

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of Washington, D.C. Turning to the statistics, the number of appeals from the U.S. Patent and Trademark Office (USPTO) held steady from 2022, as did appeals originating from district court patent cases.

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Editing IP Business Trademark 77

LexBlog IP

FEBRUARY 9, 2024

Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here.

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Intellectual Property 52

JD Supra Law

FEBRUARY 9, 2024

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools. 2023 WL 8039640 (N.D. Cal. Nov. 20, 2023) (commonly referred to as Silverman v. Meta). Notably, Judge Vince Chhabria’s order granting the motion to dismiss rejected the theory that generative language models can themselves constitute infringing derivative works as.

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Derivative Work Copyright Technology 77

IP Law 360

FEBRUARY 9, 2024

Sentius International LLC has dropped its lawsuit alleging Apple Inc. infringed its patents concerning the "red squiggly" line spell-check feature in iPhones and MacBooks, according to a joint stipulation filed Friday in California federal court.

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Patent 52

JD Supra Law

FEBRUARY 9, 2024

Whether you are a passionate supporter of college athletics or a casual sports fan, nearly everyone has heard the three letters, NIL. NIL (or name, image, and likeness) has quickly become part of the national sports lexicon ever since the United States Supreme Court opened the door for student athletes to receive monetary compensation under National Collegiate Athletic Association v.

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Litigation 75

IP Law 360

FEBRUARY 9, 2024

Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

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Patent Infringement Patent 52

JD Supra Law

FEBRUARY 9, 2024

Brandy Melville asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.

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IP Law 360

FEBRUARY 9, 2024

An oil and gas exploration company owned by the Anschutz Corporation has accused a Denver prospector of stealing and sharing its confidential well production statistics to promote a development project, according to a trade secrets lawsuit filed in Colorado state court.

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Confidentiality 52

JD Supra Law

FEBRUARY 9, 2024

On Friday, January 20, 2024, Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed an ex parte application for a scheduling order setting the schedule for preliminary injunction proceedings or, in the alternative, an emergency status conference. Regeneron requested that the court “enter a preliminary injunction schedule that tracks the schedule in West Virginia.”.

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Litigation 73

IP Law 360

FEBRUARY 9, 2024

The Federal Circuit has backed the U.S. Patent and Trademark Office's decision to reject an application for a patent on electronic trading of financial instruments, affirming a finding that the patent didn't actually cover something patentable.

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Patent Trademark 52

JD Supra Law

FEBRUARY 9, 2024

Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art. Look no further than this year’s top contenders for examples of this, including Oppenheimer, American Fiction, Killers of the Flower Moon, Poor Things (all based on books)—and, of course, Barbie.

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Derivative Work Art Trademark Copyright 70

IP Law 360

FEBRUARY 9, 2024

A California federal jury awarded mobile game platform Skillz's $42.9 million Friday in its patent infringement fight against rival AviaGames, which is currently facing a criminal probe into its purported use of bots.

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Patent Infringement IP Patent 52

JD Supra Law

FEBRUARY 9, 2024

In the film “Any Given Sunday,” Al Pacino, portraying Coach Tony D’Amato, poignantly compares football to life, describing it as a “game of inches … one half a step too late or too early and you don’t quite make it. One half second too slow, too fast and you don’t quite catch it. The inches we need are everywhere around us.” This razor-thin margin is what gives football its unique charm.

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IP Law 360

FEBRUARY 9, 2024

A wireless communication patent owner has said U.S. Patent and Trademark Office Director Kathi Vidal should back the Patent Trial and Appeal Board's rejection of challenges from Ford and Honda.

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Trademark Patent 52

JD Supra Law

FEBRUARY 9, 2024

All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are notable because they are the first ones to cancel a design patent for a graphical user interface design. Specifically, the PTAB cancelled Wepay Global Payment’s U.S.

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Design Patent Designs Design Patent 68

IP Law 360

FEBRUARY 9, 2024

Two Nebraska-based technology companies say a former Connecticut salesman used the "unauthorized" artificial intelligence program Otter to record meetings, forwarded more than 200 confidential messages to his personal email address and made off with trade secrets for accounts worth $12 million after he was fired for cause on Feb. 1.

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Confidentiality Technology 52

JD Supra Law

FEBRUARY 9, 2024

On January 31, 2024, Judge Jessica G. L. Clarke granted an intervenor’s motion to stay pending the conclusion of a U.S. Patent and Trademark Office inter partes review of the asserted patent that was filed by a third party. In the litigation, plaintiff True Return Systems LLC alleged that defendant Compound Protocol infringed a patent related to blockchain technologies like those used in cryptocurrencies.

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Patent Litigation Technology Trademark 68

LexBlog IP

FEBRUARY 9, 2024

Brandy Melville has asked the Supreme Court to review the 9th Circuit’s decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here.

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Intellectual Property 52

JD Supra Law

FEBRUARY 9, 2024

The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation (“IBM”) patents-at-issue, U.S. Patent Nos. 6,778,193 and 6,785,676 (the “'193 patent” and “'676 patent,” respectively) were directed to ineligible subject matter under 35 U.S.C. § 101.

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Invention Business Patent 68

IP Law 360

FEBRUARY 9, 2024

In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

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JD Supra Law

FEBRUARY 9, 2024

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on patent assignments and satisfying the “domestic industry” requirement at the International Trade Commission (“ITC”) in Roku, Inc. v. International Trade Commission, 2024 WL 202033, –F.4th– (Fed. Cir. 2024).

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Patent 65

IP Law 360

FEBRUARY 9, 2024

Two office supply companies have told the U.S. Supreme Court to reject a patent owner's petition asking to reexamine the obviousness analysis done on her now-invalid image ironing patents, arguing that her argument was forfeited when it was not brought before the Patent Trial and Appeal Board.

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IP Patent 52

JD Supra Law

FEBRUARY 9, 2024

In Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., the Federal Circuit recently affirmed two PTAB decisions in IPRs filed by Pacific Biosciences of California, Inc. (PacBio) that challenged a Personal Genomics Taiwan (PGT) patent, U.S. Patent No. 7,767,441, directed to a device for determining the identity of biomolecules.

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