Barry Sookman

FEBRUARY 16, 2024

The recent decision in Moffatt v. Air Canada , 2024 BCCRT 149, represents a milestone in the expanding field of digital interactions and accountability. The case grapples with whether a company can be held liable for misleading information provided by an automated chatbot on its website. The decision held that a company can be liable for negligent misrepresentations made by a chatbot on a publicly available commercial website.

Law 120

Law 120

The IPKat

FEBRUARY 16, 2024

This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University. This review is kindly provided by Thorsten Lauterbach, Teaching Excellence Fellow at the Robert Gordon University in Aberdeen, passionate about IP Law sinc

Intellectual Property Law 113

Intellectual Property Law Intellectual Property Law Non-Fungible Tokens 113

TorrentFreak

FEBRUARY 16, 2024

Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site.

Copyright 111

Copyright Trademark Copyright Infringement Registration 111

IP Law 360

FEBRUARY 16, 2024

The BMW brand has won a decision from the patent board to review the validity of a patented method for calculating the valve timing in a car engine, over half a year after a federal judge in Illinois ruled that the patent failed the U.S. Supreme Court's Alice standard for patent eligibility.

Patent 98

Patent Branding Brands Branding 98

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?

Technology

The IPKat

FEBRUARY 16, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Anna Pokrovskaya (RUDN University, Intellectual Property Center “Skolkovo”) reviewing current debates in the US and the EU on the role that Artificial Intelligence (AI) may play in patentability considerations. Here’s what Anna writes: Can AI be considered a PHOSITA?

Intellectual Property 120

Intellectual Property Intellectual Property Law Art Inventor 120

IP and Legal Filings

FEBRUARY 16, 2024

Introduction Mergers and acquisitions have incredibly taken a sharp stride in the Indian as well as the global market in today’s time. Mergers and acquisitions are not limited to geographic and temporal limits, in fact, they stretch beyond the border of our nation, attracting foreign companies to invest in our diverse and ever-growing market (Walmart acquired Flipkart).

Marketing 84

Marketing Marketing Business Ownership 84

IP Law 360

FEBRUARY 16, 2024

A senior federal district judge from Oregon on Friday urged intellectual property attorneys to stop pretending they can connect with juries when their backgrounds at times make it impossible to do so.

Intellectual Property 75

Intellectual Property 75

JD Supra Law

FEBRUARY 16, 2024

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule change allowing partial claiming for Chinese design patents took effect on June 1, 2021, the Chinese National Intellectual Property Administration (CNIPA) has still not yet released formal guidelines detailing what is and is not permitted.

Designs 70

Designs Design Intellectual Property Design Patent 70

IP Law 360

FEBRUARY 16, 2024

A new report about intellectual property shows that there was a "significant downturn" in cases at the U.S. International Trade Commission in 2023, according to an agency that represents expert witnesses for litigation.

Intellectual Property 75

Intellectual Property IP Litigation Reporting 75

JD Supra Law

FEBRUARY 16, 2024

In the 2023 Vans vs. MSCHF decision, the Second Circuit Court of Appeals ruled in favor of Vans, a known skateboarding footwear and apparel brand, against the New York art collective MSCHF. The case centered around MSCHF’s creation and sale of the “Wavy Baby” shoe (below left), a product that was seen as a distorted version of Vans’ iconic “Old Skool” shoe (below right) The Second Circuit’s decision may have significant implications for the balance between trademark protections and artistic.

Trademark 68

Trademark Art Branding Brands 68

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.

Patent

IP Law 360

FEBRUARY 16, 2024

The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

Copyright Infringement 74

Copyright Infringement Copyright 74

JD Supra Law

FEBRUARY 16, 2024

On February 9, in University of South Florida Board of Trustees v. United States, the Federal Circuit upheld royalty-free license rights of the U.S. government over a University of South Florida (USF) patent directed to Alzheimer’s disease research under the Bayh-Dole Act. The Federal Circuit’s decision confirms that 35 U.S.C. §202(c)(4) confers to the U.S. government a broad scope of licensing rights under the Bayh-Dole Act, including in some instances inventions that predate the funding.

Licensing 68

Licensing Patent Government Invention 68

Technology & Marketing Law Blog

FEBRUARY 16, 2024

This is a data breach case. Several e-commerce sites were hit, first by hackers and then by plaintiffs’ lawyers. The sites invoked their TOSes to send the data breach cases to arbitration. The Ninth Circuit agrees. The Ninth Circuit opinion doesn’t show the defendants’ screenshots, but the lower court opinion did: As you can see, these are old-school clickthrough agreements.

Blogging 66

Blogging Marketing Marketing Technology 66

JD Supra Law

FEBRUARY 16, 2024

The US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s non-obviousness determination, finding that the Board erred in determining that an operating manual did not qualify as printed publication prior art. Weber, Inc. v. Provisur Technologies, Inc., Case Nos. 22-1751; -1813 (Fed. Cir. Feb. 8, 2024) (Reyna, Hughes, Stark, JJ.).

Art 65

Art Technology Patent 65

IP Law 360

FEBRUARY 16, 2024

The Federal Circuit on Friday revived a patent suit against Comcast over voice recognition technology, finding that a lower court misinterpreted the patents, and reprimanded a Comcast attorney from Weil Gotshal & Manges LLP for exceeding word counts in a brief in a related case.

Patent 59

Patent Technology 59

JD Supra Law

FEBRUARY 16, 2024

Artificial intelligence (AI) is affecting all facets of modern life. Just like your business, the United States Patent & Trademark Office (USPTO) also grapples with the boundaries of intellectual property (IP) protection and using AI. An important question is what happens when AI is part of the inventive process.

Invention 65

Invention Intellectual Property Patent IP 65

IP Watchdog

FEBRUARY 16, 2024

This week in Other Barks and Bites: The World Trade Organization adopts two reports meant to advance work leading up to the 13th WTO Ministerial Conference (MC13), where the Council will in part decide whether to extend a waiver of IP rights for COVID vaccines to therapeutics and diagnostics; a Valentine’s Day patent poem gets the WTO in hot water with public health advocates; the U.S.

Patent Infringement 59

Patent Infringement Music Patent Publishing 59

JD Supra Law

FEBRUARY 16, 2024

After several high-profile instances of artificial intelligence (AI) hallucination and Chief Justice John Roberts’s year-end report acknowledging the shortcomings of blindly relying on AI in legal writing, Kathi Vidal, the Director of the U.S. Patent and Trademark Office (USPTO), issued a memo concerning the use of AI when practicing before the USPTO.

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Privacy Reporting Trademark Patent 65

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. While I have many questions about and concerns with the Court’s approach, I want to focus today on how the concept of use as a trademark—as an indicator of source for a product or service—interacts with other things that the Court has said about the Lanham Act and how we might reconstruct tradem

Trademark 59

Trademark Fair Use Registration False Advertising 59

JD Supra Law

FEBRUARY 16, 2024

The United States Patent and Trademark Office (USPTO) recently published guidance regarding artificial intelligence (AI) assisted invention. The explanatory guidance acknowledges that “while an AI system may not be named an inventor or joint inventor…, an AI system…may perform acts that, if performed by a human, could constitute inventorship under our laws,” but clarifies that “a natural person must have significantly contributed to each claim in a patent application or patent.”.

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Inventor Patent Patent Application Invention 65

43(B)log

FEBRUARY 16, 2024

Lashify, Inc. v. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D. Tex. Jan. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive.

False Advertising 59

False Advertising Advertising Advertising Patent 59

JD Supra Law

FEBRUARY 16, 2024

The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision finding the challenged patent claims not obvious over the prior art. The Court found that the Board, after concluding that no claim construction was required, implicitly construed the claim limitation at issue and did so erroneously. Google LLC v. EcoFactor, Case Nos. 22-1750; -1767 (Fed.

Art 65

Art Patent 65

IIPRD

FEBRUARY 16, 2024

ABSTRACT The Adrenaline rushing sport of Formula One is not just a race among the twenty best drivers or pilots in the world but among the ten best Formula One car constructors. These teams develop a car from scratch. The sheer number of developments and technological advancements in the sport make it crucial for the teams participating to ensure that their intellectual property rights are not violated.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

JD Supra Law

FEBRUARY 16, 2024

Share on Twitter Print Share by Email Share Back to top U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal recently released a memorandum on the subject of the use of artificial intelligence (AI) by parties during proceedings before the Trademark Trial and Appeal Board (TTAB) and the Patent Trial and Appeal Board (PTAB). In the memo, Director Vidal warns that parties are responsible for the content of their filings before the Boards, even when assisted by AI.

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Trademark Patent 65

The IP Law Blog

FEBRUARY 16, 2024

As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey and James discuss the Ninth Circuit’s opinion on the case in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Blogging 57

Blogging IP Law Intellectual Property 57

JD Supra Law

FEBRUARY 16, 2024

USPTO Director Katherine K. Vidal issued guidance on February 6, 2024 regarding the use of AI in drafting materials submitted to the USPTO’s administrative boards, including the PTAB. Of biggest concern in the guidance is the submission of false information to the PTAB possibly generated by AI. In the guidance, Director Vidal discusses certain USPTO Rules that practitioners are required to follow and identifies sanctions for violating same.

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IP Law 360

FEBRUARY 16, 2024

A New York judge refused Friday to toss contract breach counterclaims against YouTube personality MrBeast filed by his restaurant business partner, Virtual Dining Concepts, over his tweets about a burger ghost kitchen deal gone awry, finding they didn't fall within the scope of New York's anti-SLAPP law.

Contracts 52

Contracts Business Law 52

JD Supra Law

FEBRUARY 16, 2024

Addressing a preliminary injunction motion directed to a competitor’s yet-to-be-released product, the US Court of Appeals for the Federal Circuit determined that the district court did not abuse its discretion in finding that the patent holder failed to establish irreparable harm based on speculative evidence. SmartSky Networks, LLC v. Gogo Bus. Aviation, LLC, Case No. 23-1058 (Fed.

Patent 62

Patent 62

IP Law 360

FEBRUARY 16, 2024

U.S. Circuit Judge Jimmie V. Reyna on Friday told intellectual property attorneys that the best way to establish credibility at the Federal Circuit is through a well-written brief, saying otherwise they put him in a bad position and deprive him of coffee.

Intellectual Property 52

Intellectual Property 52

JD Supra Law

FEBRUARY 16, 2024

In comparison to prior years, the ITC had a lower case load in 2023. This does not appear to have any relationship with the average time to resolution, but it could be contributing to the ITCs increased tendency to resolve investigations on the merits. Also notable, the government shutdown in 2019 did not appear to impact the ITC's average length of investigations respective to other years.

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Government 62

IP Law 360

FEBRUARY 16, 2024

A venture capital-backed startup that sells dashboard cameras to monitor truck drivers is responding to a rival's well-publicized patent infringement case by filing its own patent lawsuit in a different federal court that mirrors many of the same allegations of technological theft but pointing them in the other direction.

Patent Infringement 52

Patent Infringement Technology Patent 52

JD Supra Law

FEBRUARY 16, 2024

The one and only TTABlogger, to whom we are very much indebted, recently reviewed and analyzed the decisions concerning Section 2(d) and Section 2(e)(1) refusals that the Trademark Trial and Appeal Board issued in 2023. Based on these numbers, the Board seems to be increasingly receptive to challenges of likelihood of confusion refusals under Section 2(d), but is perhaps getting more harsh on appeals of mere descriptiveness refusals under Section 2(e)(1).

Trademark 62

Trademark 62

IP Law 360

FEBRUARY 16, 2024

The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

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Social Media Ownership Law 52

JD Supra Law

FEBRUARY 16, 2024

According to Judge Gilstrap in the Eastern District of Texas, obligations to negotiate under fair, reasonable, and non-discriminatory (FRAND) terms apply not only to standard essential patent (SEP) holders but to implementers of those standards as well. If an implementer does not act in good faith, then the SEP-holder's obligations to do so might even be suspended, according to a recent opinion.

Patent 62

Patent 62

IP Law 360

FEBRUARY 16, 2024

Medical device company Medtronic asked the Eighth Circuit on Friday to overturn a decision rejecting its pricing method for licensing intellectual property to its Puerto Rican affiliate, saying in the long-running case that Medtronic hadn't used the intercompany arrangement to underreport its income.

Intellectual Property 52

Intellectual Property Licensing 52