Plagiarism Today
NOVEMBER 15, 2023
Google News is dying. The once-great service is now falling victim to a quality rot caused by bots and Google's own lack of concern. The post The Long, Slow Death of Google News appeared first on Plagiarism Today.
Erik K Pelton
NOVEMBER 15, 2023
Erik shares 3 quick tips for recognizing and avoiding trademark scammers. The post Top Tips for Avoiding Trademark Scams appeared first on Erik M Pelton & Associates, PLLC. Erik shares 3 quick tips for recognizing and avoiding trademark scammers.
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Plagiarism Today
NOVEMBER 15, 2023
Guns n' Roses photographer claims copyright infringement, UK photographer wins against radio site and lawsuit against Grande dropped. The post 3 Count: Guns N’ Lawsuits appeared first on Plagiarism Today.
JD Supra Law
NOVEMBER 15, 2023
The U.S. Federal Trade Commission (FTC) staked out its role in policing the potential competition and consumer protection implications of generative AI technologies’ use of copyrighted materials in comments submitted in the U.S. Copyright Office’s proceeding on AI and copyright. The proceeding seeks information on the use of copyrighted works to train AI models, levels of transparency and disclosure needed regarding copyrighted works, and the legal status of AI-generated outputs, among other.
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?
IP Watchdog
NOVEMBER 15, 2023
The U.S. Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. The Office first published a Notice of Proposed Rulemaking (NPRM) to the Federal Register in May 2023 contemplating a separate design patent practitioner bar. A request for comments (RFC) was also published in October 22.
Nelligan Law
NOVEMBER 15, 2023
Reading Time: 4 minutes What sets Ben & Jerry’s apart are not just their flavors but also their distinctive trademarks In continuation of our Fall road trip, we found ourselves at the Ben & Jerry’s “headquarters” in Vermont. The experience was even more special because my husband was about to reunite with his long-lost love, Chunky Monkey.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Biswajit Sarkar Copyright Blog
NOVEMBER 15, 2023
The Madrid Protocol is a well-known international trademark registration and protection system for efficient and easy trademark filing and management. However, certain changes to the Madrid Protocol starting November 1, 2023, will come into effect. These changes are mainly: Stating the time limit within which responses can be made for the provisional refusal of the trademark: The responsibility of indicating the above shall be on the National Trademark Office.
IP Watchdog
NOVEMBER 15, 2023
U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S. Court of Appeals for the Federal Circuit (CAFC) ruling on prior art determinations for provisional applications applies only to pre-America Invents Act (AIA) patents.
TorrentFreak
NOVEMBER 15, 2023
No matter where people live or how much knowledge and experience they’ve accumulated, governments and corporations rarely shy away from an opportunity to offer behavioral advice. Delivered via TV, radio and the internet, public service announcements enlighten the masses on topics seemingly so complex, they’re only fully understood by the few.
JD Supra Law
NOVEMBER 15, 2023
Discussion of artificial intelligence has become ubiquitous, particularly generative artificial intelligence (AI) given its potential to create new content, which some reports estimate could add up to $4.4 trillion annually to the global economy.
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.
Patently-O
NOVEMBER 15, 2023
By Jason Rantanen and Nikola Datzov. Professor Datzov is an Assistant Professor at the University of North Dakota School of Law. The Mayo/Alice framework used to determine patent eligibility has been a lightning rod for criticism since the Supreme Court’s decisions a decade ago. Some have argued that the two-step framework is inconsistent with earlier patent eligibility precedent, while others have focused their objections on its purported negative effects on innovation.
JD Supra Law
NOVEMBER 15, 2023
With Hollywood celebrities speaking out both in favor of and against the use of drugs like Ozempic and Wegovy for weight loss, it was only a matter of time before demand outpaced supply. Although most might believe that increased demand is a good problem to have, a recent case involving Ozempic shows that pharmaceutical companies with popular drugs might face increased competition, without the ability to obtain legal remedies against their competitors.
The TTABlog
NOVEMBER 15, 2023
Well, this was an amazing surprise. My thanks to INTA for this award. It is truly an honor to join the distinguished roster of past recipients. Read comments and post your comment here. Text Copyright John L. Welch 2023.
JD Supra Law
NOVEMBER 15, 2023
This month’s ITC Wrap-Up discusses the Commission’s recent decision in Certain LIDAR (Light Detection and Ranging) Systems and Components Thereof, Inv. No. 337-TA-1363, to affirm the administrative law judge’s decision to terminate the investigation under 19 U.S.C. § 1337(c) due to an arbitration agreement.
The IPKat
NOVEMBER 15, 2023
This Kat was very happy to participate in the AI & Creativity: Protecting Creators in the Age of AI Panel which took place as part of the AI Fringe event on Friday, 3 November 2023 at the Knowledge Centre of the British Library, London. The event was Organised by AI Fringe (AI for everyone) and co-convened by DACS (The Design and Artists Copyright Society).
JD Supra Law
NOVEMBER 15, 2023
Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this month, Ohio became the 24th state in the U.S. to legalize recreational marijuana. As more states pass laws to legalize marijuana, the conversation returns to the likelihood that Americans might see a law with nationwide reach.
IP Law 360
NOVEMBER 15, 2023
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that addresses AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
JD Supra Law
NOVEMBER 15, 2023
Precedential and Key Federal Circuit Opinions - MALVERN PANALYTICAL INC. v. TA INSTRUMENTS-WATERS LLC [OPINION] (2022-1439, 11/1/2023) (Prost, Hughes, and Cunningham) - Prost, J. The Court vacated the district court’s stipulated judgment of non-infringement because the district court erred in construing “pipette guiding mechanism” and remanded for further proceedings.
IP Law 360
NOVEMBER 15, 2023
Patagonia has agreed to toss its suit accusing Walmart of selling apparel that bear "Patagucci" and other allegedly infringing marks, just months after the retail giant lost its bid to toss the case.
JD Supra Law
NOVEMBER 15, 2023
The German shoe brand Birkenstock is widely known for its sandals having a recognisable, anatomically shaped insole. Recently, the company’s sole pattern has been the subject of several trade mark decisions in the EU.
IP Tech Blog
NOVEMBER 15, 2023
A recent Federal Circuit decision, Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC , provides some interesting insights into patent challenge strategies, and their consequences, when a potentially infringing product is not yet on the market. Allgenesis, which has been developing a pterygium treatment product using nintedanib, filed an inter partes review (IPR) petition to try to invalidate one of Cloudbreak’s patents relating to pterygium treatment.
JD Supra Law
NOVEMBER 15, 2023
Cell therapy products in the U.S. are estimated to be worth approximately $4.5 billion currently and expected to grow to over $30 billion in the next ten years. As market value increases litigation is bound to heat up.
43(B)log
NOVEMBER 15, 2023
It may well be true that nominative fair use often entails just using a word, not a logo, but courts occasionally recognize that there are situations where the logo/trade dress is actually an important means of communicating and should still fall within nominative fair use. In the wild, that's usually logos of social media sites, which regularly communicate "this is how to find me" and not "I am endorsed by.
JD Supra Law
NOVEMBER 15, 2023
On October 26, 2023, the U.S. Court of Appeals for the Federal Circuit in Monterey Research, LLC v. STMicroelectronics, Inc. affirmed a pair of final written decisions at the Patent Trial and Appeal Board (PTAB) that invalidated challenged patent claims owned by Monterey Research (“Monterey”) covering an “improved Static Random Access Memory (SRAM) cell design and method of manufacture” for computer memory.
IP Law 360
NOVEMBER 15, 2023
The U.S. Patent and Trademark Office said on Wednesday that it has created a separate bar for design patent practitioners, meaning those focused on ornamental designs don't have to meet the rigorous engineering and scientific requirements of the standard patent bar.
JD Supra Law
NOVEMBER 15, 2023
The Patent Trial and Appeal Board granted a request for rehearing and instituted inter partes review of a web browsing patent in order to reconcile an inconsistency with a final judgment of un-patentability in the IPR of a related patent. The ultimate decision to institute review rested on a finding that patent owner was collaterally estopped from arguing against a factual finding about a prior art reference relevant to both IPRs.
IP Law 360
NOVEMBER 15, 2023
The U.S. arm of British underwriting giant Lloyd's of London told a Houston federal court Tuesday that a Texas-licensed public insurance adjuster has "waged war" on the company since trying to inflate a client's claim by more than $20 million.
JD Supra Law
NOVEMBER 15, 2023
Substantial Evidence in Determining Obviousness - In Schwendimann v. Neenah, Inc, Appeal No. 22-1335, the Federal Circuit held that the PTAB’s finding on obviousness is supported by substantial evidence that a skilled artisan would be motivated to combine references and have a reasonable expectation of success in making the proposed combination.
LexBlog IP
NOVEMBER 15, 2023
Claim-Based Analysis Required for Pre-AIA Patents Only One of the more confusing developments in patent law was pronounced in Dynamic Drinkware v. Nat’l Graphics, Inc. , 800 F.3d 1375, 1378 (Fed. Cir. 2015). In Dynamic the Court held that a provisional application’s effectiveness as prior art under 102(e) depends on its written description support for the claims of the issued patent.
JD Supra Law
NOVEMBER 15, 2023
Case Name: CMP Development, LLC v. Amneal Pharms. LLC, Civ No. 21-549 (MN), 2023 WL 6387792 (D. Del. Sept. 29, 2023) (Noreika, J.).
Likelihood of Confusion
NOVEMBER 15, 2023
The increasingly ubiquitous Marc Randazza pronounces, on the INTA list: In doing some research on the new Attorney General nominee, I discovered that he was the judge who penned the. The post New AG OK appeared first on LIKELIHOOD OF CONFUSION™.
LexBlog IP
NOVEMBER 15, 2023
A recent scandal unites two of my favorite passions: college football and trade secret litigation. As most sports fans are aware, the University of Michigan’s polarizing head coach Jim Harbaugh was suspended last Friday by the Big Ten Conference as part of a disciplinary action against Michigan for improperly recording and stealing signs in violation of the conference’s Sportsmanship Policy.
43(B)log
NOVEMBER 15, 2023
Here's an RSS feed and a Spotify link.
LexBlog IP
NOVEMBER 15, 2023
Jones Walker’s trade secrets, unfair competition, and non-competes team team has launched its mediation services backed by years of litigation in this field and with a full understanding of the contentious nature of these disputes. Managed properly, alternative dispute resolution (ADR) methods such as mediation can be a more efficient and cost-effective method of dispute resolution than litigation.
IP Law 360
NOVEMBER 15, 2023
The Patent Trial and Appeal Board ruled Tuesday that all challenged claims in an SB Holdings LLC communications patent disputed by smart home company Vivint Inc. are unpatentable, marking another PTAB win for Vivint as the two companies also battle in Texas federal court.
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