Plagiarism Today
MAY 23, 2023
The Andy Warhol ruling is less than a week old, but the Supreme Court may have just shaken the world of artificial intelligence to its core. The post What the Warhol Ruling May Mean for AI appeared first on Plagiarism Today.
Erik K Pelton
MAY 23, 2023
Erik walks you through our new and improved homepage in this video. The post Introducing Our New Home Page appeared first on Erik M Pelton & Associates, PLLC. Erik walks you through our new and improved homepage in this video.
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Plagiarism Today
MAY 23, 2023
YouTube wins a key class action verdict, The Proxy Bay goes offline (and returns) and the Philippines increases copyright powers. The post 3 Count: No Class appeared first on Plagiarism Today.
Erik K Pelton
MAY 23, 2023
The following is an edited transcript of my video “Responding to a Trademark Office Action” After a trademark application is filed with the US Patent and Trademark Office, it is generally about nine months (as of May 2023) until anything is heard back by the applicant. A great majority of the time, the response is an office action. An office action is a letter—really a refusal—issued by an examining attorney at the USPTO that outlines what requirements have not yet been met in the ap
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TorrentFreak
MAY 23, 2023
If the best ideas are always the simplest, in 2016 software developer Elias Saba hit the jackpot. Two years after Amazon launched its first generation Fire TV, there was still no easy way to transfer files to the device. Released on the Amazon Appstore in November 2016, Saba’s ‘Downloader’ app offered users just two things; an empty URL field and a download button.
SpicyIP
MAY 23, 2023
Image from here [This post is authored by SpicyIP intern Shikhar Chauhan. Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] On May 2, 2023, the Bombay HC passed a dynamic injunction order in Applause Entertainment Pvt. Ltd. v. Meta Platforms Inc. and others restraining the defendant from publishing clips of the web series “Scam 1992” on Instagram and other social media platforms.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
MAY 23, 2023
The U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) yesterday made public a Sanctions Order against a patent owner that resulted in the cancellation of all 183 claims of five patents challenged in separate inter partes review (IPR) proceedings. The PTAB order said that Longhorn Vaccines & Diagnostics “committed an egregious abuse of the PTAB process” by “selectively and improperly” withholding “material results that were inconsistent with its arguments and
Copyright Alliance
MAY 23, 2023
On May 17, Sy Damle, a former General Counsel (GC) at the U.S. Copyright Office, was one of five witnesses who testified before the House Judiciary Committee’s IP Subcommittee hearing, […] The post Former Copyright Office GC Warns Against Blanket Assertions That AI Ingestion of Copyrighted Works ‘Is Fair Use’ appeared first on Copyright Alliance.
IP Watchdog
MAY 23, 2023
Previously, we wrote about how alleged concerns of “hold-up” and a lack of “transparency”, two non-legal terms without accepted definitions, are being used to advocate for special rules applicable to patents subject to declarations regarding Fair, Reasonable and Non-Discriminatory (FRAND) licensing. These vague concepts are specifically chosen to obfuscate the real issues impacting FRAND licensing and used in an effort to shift traditional burdens of proof, regulate behavior previously found not
JD Supra Law
MAY 23, 2023
The U.S. Supreme Court’s unanimous decision in Amgen Inc. v. Sanofi (referred to as the Amgen decision) likely makes it more difficult for life sciences companies to obtain broad patents claiming an entire genus of antibodies that perform a specified function. In the May 18, 2023, opinion authored by Justice Gorsuch, the High Court affirmed the Federal Circuit’s holding invalidating two Amgen patents that claimed antibodies that inhibit the PCSK9 protein because the patents did not fully enable.
Christopher Roser
MAY 23, 2023
The Toyota Production System (TPS) is the archetype of lean manufacturing. Lean is often used as a synonym for the Toyota Production System, and that is generally quite accurate. It is also sometimes referred to as the “Westernized” version of the Toyota Production System. However, there are some smaller differences in the underlying approach, as.
JD Supra Law
MAY 23, 2023
Publication of the French decree regarding the experimentation of the "direct access" to pharmaceutical products with anticipated reimbursement: a half-hearted step forward for pharmaceutical innovations.
IP Law 360
MAY 23, 2023
Taco Bell ramped up its challenge to trademark registrations for "Taco Tuesday" this week by launching a cheeky ad campaign promoting "Taco Bleep" while enlisting the help of basketball pro LeBron James, but lawyers say the fast food chain's success in canceling the registrations could end up coming down to how generic the phrase is.
JD Supra Law
MAY 23, 2023
On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based on respondent Lynn Goldsmith’s photograph of the artist Prince Rogers Nelson, better known simply as “Prince.”.
Michael Geist
MAY 23, 2023
Earlier this month, the CRTC issued the first three of what may become at least nine public consultations on Bill C-11. As I lamented in a post on the consultations , “with short timelines, no resources or support mechanisms for new groups and entities interested in participating, and the absence of the policy direction, this is not a serious attempt to fully engage in Canadians.
JD Supra Law
MAY 23, 2023
This week’s bacon-related case of the week may lack a certain recognizable savory smell, but it still manages to pack some helpful insights on the law of joint inventorship. Case of the (recent) week: HIP, Inc. v. Hormel Foods Corporation, No. 22-1696.
Technology & Marketing Law Blog
MAY 23, 2023
[I did a media interview about last week’s Twitter v. Taamneh and Gonzalez v. Google rulings. The transcript:] What got you into the field of internet law? What is most interesting in the field right now? I have been researching and writing about Internet Law for over 30 years. I got my first email account in 1991 and started talking with people all over the world.
JD Supra Law
MAY 23, 2023
As predictions of an economic recession in the United States loom, 2023 has started with extensive layoffs throughout the tech industry. Though not to an equal degree, the biotechnology, pharmaceutical, and life science industries have not been excluded from employment cuts. In January, Verily, the healthcare and life sciences subsidiary of Alphabet, Inc., announced a restructuring that would cut about 15% of its workforce.
Patently-O
MAY 23, 2023
by Dennis Crouch In OneSubsea IP v. FMC Tech (Fed. Cir. 2023) , the court has affirmed a district court denial of attorney fees for the successful defendant. A key holding in the case is that denial of summary judgment serves as a big flashing sign that the case is not exceptional. OSS sued FMC back in 2015 for infringing claims found in ten different patents all relating to subsea processing of hydrocarbons (oil and gas).
JD Supra Law
MAY 23, 2023
Publication du décret relatif à l’expérimentation du dispositif d’accès direct des médicaments à un financement anticipé : une avancée en demi-teinte s’agissant de l’accès au marché des innovations pharmaceutiques en France.
IP Law 360
MAY 23, 2023
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
JD Supra Law
MAY 23, 2023
Executive Summary - In Amgen Inc. v. Sanofi, the United States Supreme Court affirmed the lower courts’ judgment that the asserted claims of U.S. Patent No. 8,829,165 (“the ’165 Patent”) and U.S. Patent No. 8,859,741 (“the ’741 Patent”) are invalid for lack of enablement. The Supreme Court held that a patent covering a class of processes must provide sufficient information to allow those skilled in the art to replicate the full scope of the invention.
IP Law 360
MAY 23, 2023
Apple urged a California federal judge Monday to deny Masimo's bid to revive its business trade secrets claim in a dispute over the Apple Watch's health features, arguing his order "correctly summarized" their scope, and that it wasn't "uncommon for courts to summarize wordy purported trade secrets" when issuing orders.
JD Supra Law
MAY 23, 2023
With the amended Counter-Espionage Law, China has broadened its definition of “espionage” to give information related to “national security and interests” the same protections already given to state secrets. The amended law prohibits specified conduct and provides new guidance for the obligations of Chinese government agencies, entities and individuals in protecting national security.
IP Law 360
MAY 23, 2023
A toy designer for MGA Entertainment testified Tuesday in an intellectual property dispute between T.I., Tiny Harris and MGA that she would never base a doll on a pop group associated with the hip hop moguls due to serious sexual assault allegations made against them.
JD Supra Law
MAY 23, 2023
Summary - In Amgen v. Sanofi, the Supreme Court unanimously affirmed the District of Delaware and Federal Circuit findings that Amgen’s functionally defined patent claims to a class of therapeutic antibodies are invalid as lacking enablement in the specification. The decision has implications for procurement and enforcement of patents to biotechnology inventions.
IP Law 360
MAY 23, 2023
A California federal judge has refused to certify classes of content owners accusing Google and YouTube of enabling unauthorized use of copyrighted works, saying there was not enough common evidence to warrant the case to move forward on a classwide basis.
JD Supra Law
MAY 23, 2023
Exploring the applicability of its enablement law to life sciences, the Supreme Court of the United States issued a unanimous opinion, concluding that patent claims covering a genus of antibodies defined in part by functional limitations were not enabled by the specification as required by 35 U.S.C. § 112. Amgen Inc., et al. v. Sanofi, et al., Case No. 21-757 (S.
IP Law 360
MAY 23, 2023
A handful of Silicon Valley tech companies persuaded a Patent Trial and Appeal Board panel on Tuesday to wipe out three claims in a patent owned by a small cybersecurity startup and asserted against Cisco to land a $2.75 billion judgment, which has since been rejected by the courts on unrelated issues connected to a now-deceased federal judge's stock profile.
43(B)log
MAY 23, 2023
Hardy v. Olé Mexican Foods, Inc., 2023 WL 3577867, No. 22-1805 (2d Cir. May 22, 2023) (per curiam) There was a CD Cal case raising the same “false Mexican origin” claims with a different result. Hardy alleged that defendant’s La Banderita tortilla products violated the NY GBL by deceiving consumers into believing the products were made in Mexico, not the US.
IP Law 360
MAY 23, 2023
An Illinois federal jury awarded drywall manufacturer National Gypsum Co. $5.5 million on Tuesday, finding several products made by a shower building material company infringe the manufacturer's trademarks on the color and word purple.
IP Watchdog
MAY 23, 2023
Faegre Drinker is actively recruiting a Senior Attorney to join the Patent Practice of the Intellectual Property practice group in its Indianapolis, IN, or Fort Wayne, IN, offices. This is a full-time, permanent position. Successful candidates will work with partners and clients in patent preparation, prosecution, portfolio management, and clearance matters.
IP Law 360
MAY 23, 2023
Intel is once again accusing a rival chipmaker of hatching a "patent monetization scheme" with a New York hedge fund in order to dispose of its "overabundance of patents" — and alleging that a top lawyer at Irell & Manella used "a conscious and deliberate appeal to the jury's prejudices and passions" to land a nearly billion-dollar verdict in Texas federal court last year.
IP Watchdog
MAY 23, 2023
The U.S. Patent and Trademark Office (USPTO) today published a request for comments (RFC) in the Federal Register seeking public input on the pilot program for motion to amend (MTA) practice before the Patent Trial and Appeal Board (PTAB). The Office is considering whether to make the MTA pilot program permanent for patent validity trials under the America Invents Act (AIA) and seeks input on the PTAB’s authority to raise grounds sua sponte during the MTA process.
IP Close Up
MAY 23, 2023
Using existing scripts protected under copyright to train Generative AI to draft new ones are at the center for the battle in the ongoing Hollywood Continue reading
LexBlog IP
MAY 23, 2023
Interesting Patents | Unveiling the Future of Casino Gaming: Fraud Detection System by Founders Legal Interesting Patents | Tuesday, May 23, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.
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