Tue.Feb 27, 2024

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The Bizarre IP History of Clue/Cluedo

Plagiarism Today

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.

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Making a Proper Determination of Obviousness

Patently-O

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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3 Count: Underpaid Royalties

Plagiarism Today

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.

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OpenAI: ‘The New York Times Paid Someone to Hack Us’

TorrentFreak

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.

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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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Announcing the SpicyIP Inaugural Doctoral Fellow!

SpicyIP

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.

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IP Strategy Co. Seeks Sanctions For Suit Over Patent Deal

IP Law 360

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.

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KPN Wins $287M Jury Verdict In Contract Beef With Samsung

IP Law 360

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.

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Explicitly yours

Likelihood of Confusion

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™.

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Different Aspects of Seeing a Shop Floor—Data

Christopher Roser

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.

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A.I. Through the Eyes of an IndyCar Racing Engineer and Early Stage Investor; New ‘IPUM’ Episode Drops

IP Close Up

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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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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The US and China embrace contrasting Wireless Charging technologies to revolutionize the future of EVs

JD Supra Law

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.

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Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

Trading Secrets

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

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Protecting Source Code Intellectual Property

JD Supra Law

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.

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A Perspective on USPTO Rulemaking Following In re Chestek

IP Watchdog

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.

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Court Finds Access to Botox Trade Secrets and Similarity of Competitor Product Supported Inference of Trade Secrets Misappropriation

JD Supra Law

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.

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Fair Use in a Post-Warhol World: Part I

Copyright Alliance

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.

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Patent Poetry: Just Because It’s on the Internet Doesn’t Mean It’s “Publicly Accessible”

JD Supra Law

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.”.

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Amazon Hit With Copyright Suit Over 'Road House' Reboot

IP Law 360

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.

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For In-House Counsel: 12 Questions to Ask When the Business Team Wants to Launch a Sweepstakes or Contest (Tomorrow)

JD Supra Law

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.

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Averting Patent And Other IP Risks In Generative AI Use

IP Law 360

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.

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Fair Use, Copyright, and Trademark Implications of Generative AI

JD Supra Law

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?

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NJ Panel Rebuffs Patent Atty In Breakup Feud With Ex-Firm

IP Law 360

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.

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K&C Sports & Entertainment Law Weekly Roundup - February 2024 #4

JD Supra Law

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.

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Journey Through “Januarys” on SpicyIP (2005 – Present)

SpicyIP

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

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USPTO Issues Guidance for Determining Inventorship in AI-assisted Inventions

JD Supra Law

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.

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

The IPKat

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.

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Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication

JD Supra Law

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.

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LG Again Tops Australian Patent Filings in 2023, as Most of the ‘Usual Suspects’ Return

LexBlog IP

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.

Patent 52
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Rethinking In re Cellect and Its Consequences

JD Supra Law

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).

Patent 62
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OpenAI Says NYT Suit Not Up To Own 'Journalistic' Standards

IP Law 360

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.

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Judge McMahon Rules on Motions in Limine

JD Supra Law

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.

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Sheppard Mullin Adds Snell & Wilmer IP Leader In San Diego

IP Law 360

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.

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Board Must Consider Separately Each Dependent Claim Incorporated Into Multiple Dependent Claim

JD Supra Law

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.

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PTAB Takes Up Challenge To Dyson Hair Dryer Patent

IP Law 360

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.

Patent 52
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Reader Poll on Stability AI Outputs—The Results Are In!

LexBlog IP

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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