Plagiarism Today
SEPTEMBER 14, 2023
A report by Futurism points out plagiarism by A.V. Club's AI reporter. Here's why it matters, even if the company doesn't seem to care. The post A.V. Club’s AI Reporter Plagiarized IMDb appeared first on Plagiarism Today.
Erik K Pelton
SEPTEMBER 14, 2023
The following is an edited transcript of my video Practicing What We Preach. Here at Erik M. Pelton & Associates, we really believe in practicing what we preach. As a small business law firm, we have taken our own advice and we have more than a dozen trademark registrations in our name (17 registrations as of fall 2022). One of our recent registrations is for Trademarkive® , the name of our online collection featuring some of our most valuable content on key trademark topics.
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Plagiarism Today
SEPTEMBER 14, 2023
Appeals Court rules in favor of sharing private standards that become legal code, Gagosian gallery wins key decision and more. The post 3 Count: Public Access appeared first on Plagiarism Today.
IP Watchdog
SEPTEMBER 14, 2023
On September 13, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) announced that it had joined with 30 other signatories to publish a framework of intellectual property principles designed to maintain America’s global lead in innovation. Supported by a coalition of well-recognized individuals and trade organizations long supporting greater certainty in patent rights, the framework of IP principles is intended to serve as a guidebook for policymakers who want to address genui
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?
The IP Law Blog
SEPTEMBER 14, 2023
Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful.
JD Supra Law
SEPTEMBER 14, 2023
With the rise in multinational technology companies, including startups, it is increasingly common for those companies to use software developers located in countries around the world. Securing an assignment of all intellectual property (IP) rights from contractors involved in the development of software is essential to ensure that a company owns all rights and has full control over its proprietary software.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
43(B)log
SEPTEMBER 14, 2023
Read it here. Many years ago, I wrote a note about these disputes seeking return of engagement rings after a broken engagement, which is cited in the dissent--which also reads as an invitation to the Massachusetts Supreme Judicial Court to revisit its fault-based rule for when an engagement ring should go back to the (remorseful) giver.
The Illusion of More
SEPTEMBER 14, 2023
I think music is the purest artform because it is uniquely capable of provoking strong emotional responses without necessarily conveying meaning or information. Yes, one could say the same thing about abstract visual art, but I think the brain is hardwired to at least try to read meaning in visual expression and that this is […] The post Generative AI Goes to the Opera appeared first on The Illusion of More.
Cogency Global
SEPTEMBER 14, 2023
What this is : Current charitable solicitation laws and regulations were mostly written decades prior to the advent of the Internet, and thus there was little to no guidance for nonprofits on how to comply with existing laws and rules when fundraising online. What this means : As charitable fundraising continues to evolve, California's Assembly Bill 488 and proposed implementing regulations marks a turning point in the regulation of online charitable fundraising.
The IPKat
SEPTEMBER 14, 2023
Autumn might have not officially begun yet but here's the first big EU copyright news of the season, brought to our readers by former GuestKat Mirko Brüß. Here's what Mirko writes: BREAKING: BGH asks CJEU for clarification of ‘pastiche’ by Mirko Brüß Metall auf Metall is the name of a Kraftwerk-Song from 1977, and also the name of now five (!) German Federal Court of Justice (BGH) decisions.
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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.
JD Supra Law
SEPTEMBER 14, 2023
In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they represent. Governments around the world have recognized the importance of regulating influencer activities to safeguard consumers and ensure transparency of promotional activities.
The TTABlog
SEPTEMBER 14, 2023
Opposer Sterling Computers opposed IBM's Section 66(a) applications to register the marks STERLING and IBM STERLING for various Class 42 services. In its notice of opposition, opposer claimed a likelihood of confusion with its marks STERLING , in standard character and design form, and STERLING COMPUTERS. On its ESTTA cover sheet, opposer listed pending applications for all three marks, as well as common law rights in the mark STERLING COMPUTERS.
IP and Legal Filings
SEPTEMBER 14, 2023
Introduction Environmentalism and sustainability are concepts that are undergoing much discussion in the contemporary world. More people are committed towards an imperishable lifestyle as a result of the ongoing and impending repercussions of heedless human exploitation of our ecosystem. This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability.
JD Supra Law
SEPTEMBER 14, 2023
On August 7, 2023, Dan Ackerman, author of the nonfiction book, The Tetris Effect, sued Apple, the Tetris Company, and several other parties following the release of the Tetris film on Apple TV+ in March 2023.
IP Law 360
SEPTEMBER 14, 2023
A consortium of some of the largest academic publishers in the U.S. filed suit Thursday in New York federal court against an online library that one of the publishers' lawyers called "a thieves' den of stolen books.
JD Supra Law
SEPTEMBER 14, 2023
Over the past few years, explosive growth in Latin American startups and sources of capital to fund them has piqued the interest of U.S. venture capital (“VC”) investors. Whereas Latin American technology has historically been criticized for only layering on a “local” component to existing technology, in recent years, we have seen real innovation with global application.
IP Watchdog
SEPTEMBER 14, 2023
If a sanctions order is the stuff of a Patent Trial and Appeal Board (PTAB) practitioner’s bad dreams, then the issuance of sanctions outright cancelling a client’s patent(s) qualifies as their worst nightmare. That nightmare happened to Longhorn Vaccine (“Longhorn”) in April of this year, when the PTAB canceled five of its patents as sanctions for Longhorn’s violation of the duty of candor relating to withholding test data that the PTAB deemed relevant to the patentability of the challenged cl
JD Supra Law
SEPTEMBER 14, 2023
In those (in retrospect) halcyon days more than a decade ago (before Mayo, Myriad, Alice, and the subject matter eligibility quagmire arose), perhaps the most significant Supreme Court decision was KSR Int'l Co. v. Teleflex Inc. (2007), where the Court addressed the proper standard for determining obviousness for the first time since the Federal Circuit was created by Congress in 1982.
IP Law 360
SEPTEMBER 14, 2023
Global investigative firm Nardello & Co. said it has hired a former federal prosecutor in the U.S. Attorney's Office for the Central District of California as a managing director based in Los Angeles.
JD Supra Law
SEPTEMBER 14, 2023
PTAB petitioners frequently assert that claims are invalid as obvious over a combination of prior art references. A threshold requirement in any obviousness inquiry is whether the prior art constitutes analogous art. On Monday, the Federal Circuit clarified what is required of petitioners in PTAB proceedings to satisfy this requirement.
IP Law 360
SEPTEMBER 14, 2023
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
JD Supra Law
SEPTEMBER 14, 2023
On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to overcome the Copyright Office’s Human Authorship Requirement and register copyright in an AI-generated work are recounted here.
LexBlog IP
SEPTEMBER 14, 2023
Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful.
JD Supra Law
SEPTEMBER 14, 2023
The PTAB recently denied institution of inter partes review of a patent directed to determining the pitch of roofs after finding that Petitioner failed to directly challenge the sufficiency of Patent Owner’s priority assertions in Roofr Inc. v. Eagle View Technologies Inc., IPR 2023-00437. The PTAB determined that Patent Owner placed in the record evidence that called into question the prior art status of a reference (the “Kennedy” reference) and Petitioner did not adequately challenge that.
LexBlog IP
SEPTEMBER 14, 2023
Seyfarth has been recognized in World Intellectual Property Review ’s inaugural rankings of the leading USA trademark firms and lawyers. WIPR cited Seyfarth as “recommended” for its Non-Contentious Trademark and “notable” for its Contentious Trademark work. Individually, Ken Wilton was “recommended” for his Contentious Trademark work.
JD Supra Law
SEPTEMBER 14, 2023
On May 18, 2023, the Supreme Court affirmed the Federal Circuit’s (CAFC) decision on enablement in Amgen Inc. v. Sanofi, 987 F.3d 1080 (CA Fed. 2021). The Court thus left in place a significant CAFC decision making it more difficult for drug companies to block competitive products in the United States that are functionally equivalent, but structurally different.
LexBlog IP
SEPTEMBER 14, 2023
This week, Delaware Governor John Carney signed the Delaware Personal Data Privacy Act into law. The bill goes into effect on January 1, 2025, and a public outreach effort will begin by July 1, 2024. The outreach effort will inform Delaware consumers of their rights under the new law and describe businesses’ obligations. Delaware is yet another state to follow the trend of consumer privacy bills after the passing of the California Consumer Privacy Act in 2018.
JD Supra Law
SEPTEMBER 14, 2023
The US Court of Appeals for the Federal Circuit affirmed a decision from the Patent Trial & Appeal Board denying a motion to amend claims during an inter partes review (IPR) proceeding, explaining that a claim amendment is improper if a proposed claim is broader in any respect relative to the original claims, even if it is overall narrower. Sisvel International S.A. v.
Likelihood of Confusion
SEPTEMBER 14, 2023
… is a smiley patent! (Most aren’t.) I got a heads-up on this one from the editor of Blawg Review, but before I could slip into shooting-pixels-in-a-barrel mode my own. The post The Only Good Patent appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
SEPTEMBER 14, 2023
Film director Quentin Tarantino had no right to use actor Christopher Jones' name and persona in the 2019 film "Once Upon a Time. in Hollywood," the late actor's partner has told the U.S. Supreme Court in a petition seeking to revive trademark claims that were axed in light of California's anti-SLAPP statute.
LexBlog IP
SEPTEMBER 14, 2023
Two weeks ago, HHS announced the first 10 drugs that will be subject to the new Drug Price Negotiation Program under the Inflation Reduction Act (“IRA”). Six of the manufacturers whose drugs are on the list and several other interested groups have filed lawsuits challenging the Program. In one of those cases, filed by various regional Chambers of Commerce as well as the U.S.
IP Law 360
SEPTEMBER 14, 2023
The Federal Circuit declined Thursday to second-guess a patent ruling out of Delaware federal court that ended a drugmaker's control over the market for liquid versions of its hypertension drug Epaned and allowed an Indian drugmaker to start selling a generic version of the medication.
LexBlog IP
SEPTEMBER 14, 2023
This week the Federal Aviation Administration (FAA) announced that drone pilots who are unable to comply with the Remote ID Rule broadcast requirement will have until March 16, 2024, to equip their drone appropriately. If a drone pilot fails to comply with this requirement after this extended deadline, the pilot could be subject to fines or suspension or the revocation of their pilot certificate.
IP Law 360
SEPTEMBER 14, 2023
The Federal Circuit on Thursday rejected a bid by Philip Morris to undo a decision upholding an R.J. Reynolds unit's e-cigarette patent, which, according to the U.S. International Trade Commission, was infringed by Philip Morris' IQOS line of e-cigarettes, resulting in an import ban.
LexBlog IP
SEPTEMBER 14, 2023
Means-plus-function (“MPF”) claims define an element, in a combination claim, by its function instead of its structure. Under 35 U.S.C.
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