Plagiarism Today
FEBRUARY 27, 2024
Clue/Cluedo is a timeless game that is nearly 75 years old. However, the IP history behind it is a sad but familiar tale of a creator missing out. The post The Bizarre IP History of Clue/Cluedo appeared first on Plagiarism Today.
Patently-O
FEBRUARY 27, 2024
by Dennis Crouch Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. v.
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Plagiarism Today
FEBRUARY 27, 2024
Composers and publishers owed nearly $400 million, Japanese publishers to sue Cloudflare and Sony settles copyright termination case. The post 3 Count: Underpaid Royalties appeared first on Plagiarism Today.
TorrentFreak
FEBRUARY 27, 2024
In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and more recently the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. A few hours ago, OpenAI and Microsoft responded to the New York Times complaint, asking the federal court to dismiss several key claims.
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?
SpicyIP
FEBRUARY 27, 2024
Malobika Sen Our readers would have noticed that since November 2023, we have been publishing hard hitting, incisive posts by our fantastic two new SpicyIP Fellows Yogesh Byadwal and Tejaswini Kaushal. Yogesh is a second year student from the National Law School of India University, Bengaluru and Tejaswini is a third year student from Dr. Ram Manohar Lohiya National Law University, Lucknow.
IP Law 360
FEBRUARY 27, 2024
Intellectual property strategy and transactions company Transpacific IP has asked the Delaware Chancery Court to sanction Slingshot Technologies LLC more than $400,000 for making "fabricated allegations" in a failed lawsuit over Transpacific's sale of Orange SA network patents.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
FEBRUARY 27, 2024
A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.
Likelihood of Confusion
FEBRUARY 27, 2024
Tomorrow I will be on a panel called “Warning, the Following Material May Be Explicit: Addressing the Efficacy of §2(a) of the Lanham Act” as part of American University Law Review’s annual Federal Circuit Symposium. It’s being held at Arent Fox, whose web page promoting the event says: The American University Law Review’s Volume 63 Federal Circuit Symposium […] The post Explicitly yours appeared first on LIKELIHOOD OF CONFUSION™.
Christopher Roser
FEBRUARY 27, 2024
In this series on how to understand a shop floor, I talked a lot about the physical shop floor—which in my view is the more important part. However, as mentioned in my last post, looking at already collected data also gives a lot of insight into the shop floor. Depending on the aspect you are. Read more The post Different Aspects of Seeing a Shop Floor—Data first appeared on AllAboutLean.com.
IP Close Up
FEBRUARY 27, 2024
The frontlines of AI today are comprised not only of computer programmers and generative AI platforms but of thousands of businesses, investors and users who Continue reading
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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
FEBRUARY 27, 2024
While traditional charging methods, such as plug-in charging stations, have played a crucial role in the initial adoption of electric vehicles (EV), EV charging technology is poised for a transformative shift by going wireless.
Trading Secrets
FEBRUARY 27, 2024
The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could violate Section 7 and Section 8(a)(1) of the National Labor Relations Act (“NLRA”). As we previously blogged , the NLRB seemingly took the position that non-competes typically violate Section 8(a)(1) of the Act, which makes it an unfair labor practice for an employer to
JD Supra Law
FEBRUARY 27, 2024
In today's digital age, protecting your intellectual property (IP) is crucial for maintaining competitiveness and ensuring the longevity of your business. Whether you're a software developer, technology company, or any entity relying on proprietary software, protecting your source code is crucial.
IP Watchdog
FEBRUARY 27, 2024
There are many views on the significance of In re Chestek, No. 2022-1843 (February 14, 2024) to the U.S. Patent and Trademark Office (USPTO) rulemaking process. One question I have asked myself is what I would do differently after Chestek if I were still involved in rulemaking at the USPTO. The simple answer is almost nothing: I would cite Chestek instead of the other decisions in the Administrative Procedure Act (APA) section of a proposed or final rule.
JD Supra Law
FEBRUARY 27, 2024
Proving access to and use of trade secrets are core elements in a trade secrets misappropriation case. Recent rulings in a trade secrets action filed by Allergan against its competitor Revance Therapeutics (“Revance”) provide helpful guidance on what is sufficient to plead these elements. There, the court explained what facts are—and are not—sufficient to infer access to and use of trade secrets allegedly misappropriated.
Copyright Alliance
FEBRUARY 27, 2024
In May of last year, the Supreme Court handed down its much-anticipated fair use decision in Andy Warhol Foundation v. Goldsmith (referred to as Warhol throughout this blog). At the […] The post Fair Use in a Post-Warhol World: Part I appeared first on Copyright Alliance.
JD Supra Law
FEBRUARY 27, 2024
The Patent Trial and Appeal Board (PTAB or Board) has denied institution of a petition for inter partes review (IPR) because the petitioner failed to show that its primary asserted prior reference, available through the Internet Archive, was “publicly accessible before the critical date.”.
IP Law 360
FEBRUARY 27, 2024
The writer behind the 1989 movie "Road House" sued Amazon Studios LLC on Tuesday in California federal court, alleging the company ignored his copyright for the screenplay and rushed to finish the movie before the rights reverted to him by using artificial intelligence.
JD Supra Law
FEBRUARY 27, 2024
We’ve seen this scenario (one too) many times before: the business/marketing team comes to the in-house legal team and wants to run a sweepstakes or contest to promote a brand or a new product line. Surprise! They are hoping to launch it as soon as possible – maybe even tomorrow. But in the request to the legal team for approval, details are sparse, and it isn’t clear exactly what the business team intends to do.
IP Law 360
FEBRUARY 27, 2024
While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.
JD Supra Law
FEBRUARY 27, 2024
While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely on real life artists’ and authors’ underlying work and claim it as your own?
IP Law 360
FEBRUARY 27, 2024
The efforts of a Garden State intellectual property lawyer to get additional compensation when he cashed out of a law firm partnership in 2019 was rebuffed Tuesday by a New Jersey appellate panel, which tossed his appeal but sent the question of $830,000 in attorney fees back to the trial court for reconsideration.
JD Supra Law
FEBRUARY 27, 2024
The first person charged for violating a 2020 law that forbids conspiracies to taint international sports events through performance-enhancing drugs received a three-month prison sentence. Federal prosecutors used the Rodchenkov Anti-Doping Act to charge Eric Lira, a TX-based therapist, with supplying human-growth hormone and other performance enhancers to a pair of Nigerian athletes who were regulars on NCAA, Olympic and world championship podiums.
SpicyIP
FEBRUARY 27, 2024
Image from here Welcome back to the “ Sifting Through SpicyIP Pages ” series! This time, I have journeyed through the pages “Januarys” on SpicyIP since 2005 and got you some stories that, I think, have kept us occupied over the years. It’s the 8th post of this monthly series. We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, C
JD Supra Law
FEBRUARY 27, 2024
The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process. The guidance went into effect February 13, 2024, and applies to all applications, and to all patents resulting from applications, filed before, on, or after February 13, 2024.
The IPKat
FEBRUARY 27, 2024
If the incrementally later sunsets have corresponded with being late to the IP news , don't worry: here's the summary of what you missed last week. Trade Marks A Kat looking forward to the longer days. Image from Pixabay. Anastasiia Kyrylenko informed readers of a new CJEU referral from the French Supreme Court on the interplay between bad faith and functionality under trade mark law.
JD Supra Law
FEBRUARY 27, 2024
In Weber, Inc. v. Provisur Techs., Inc., Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024), the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art printed publications based on the public accessibility of the operating manuals.
LexBlog IP
FEBRUARY 27, 2024
Over the past five years (i.e. since 2019) Korea’s LG Electronics Inc and China’s Huawei Technologies Ltd have consistently placed in the top five applicants for Australian patents. Indeed, for the past four years they were in the leading three. In 2021, Huawei came out on top with LG a close second. In 2022, LG took top place, with IBM appearing from nowhere to push Huawei back into third.
JD Supra Law
FEBRUARY 27, 2024
The Federal Circuit's In re Cellect decision has caused a great deal of commentary and proposals to avoid its consequences, including changing prosecution strategies and filing prospective, precautionary terminal disclaimers (see "Overcoming the Consequences of In re Cellect") to reimbue predictability regarding patent term to patent portfolio prosecution (as well as there being a pending certiorari petition before the Supreme Court).
IP Law 360
FEBRUARY 27, 2024
OpenAI slammed The New York Times Co. for not meeting "its famously rigorous journalistic standards" with its complaint accusing the artificial intelligence company and Microsoft Corp. of ripping off Times content to train ChatGPT, with OpenAI alleging the newspaper hired a hacker to generate various examples of ChatGPT reproducing near-verbatim copies of articles.
JD Supra Law
FEBRUARY 27, 2024
On January 5, 2024, Judge McMahon (S.D.N.Y.) decided Plaintiff GeigTech East Bay LLC (“GeigTech”)’s and Defendant Lutron Electronics Co. (“Lutron”)’s motions in limine.
IP Law 360
FEBRUARY 27, 2024
Sheppard Mullin Richter & Hampton LLP expanded its intellectual property services on the West Coast this week with the addition of a patent prosecutor specializing in the life sciences industry.
JD Supra Law
FEBRUARY 27, 2024
In Nested Bean, Inc. v. Big Beings USA Pty Ltd., the director of the 'U.S. Patent and Trademark Office (Patent Office) (Director) granted review and modified the Patent Trial and Appeal Board’s (Board) final written decision (Final Written Decision) to require the Board to consider separately the limitations of each dependent claim incorporated into a multiple dependent claim.
IP Law 360
FEBRUARY 27, 2024
An administrative patent board has decided to look into a petition from a Massachusetts home appliance brand that makes the case that the U.S. Patent and Trademark Office should never have issued a patent to Dyson covering a kind of hair dryer.
LexBlog IP
FEBRUARY 27, 2024
Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI. Orders issued in the Andersen case (and other, similar cases) to date suggest that the success of the plaintiffs’ claims hinges on being able to demonstrate substantial similarity between the copyright-protected materials used to train AI platforms and the output created by those platforms that t
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