Fri.Dec 29, 2023

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Patent Grant Total 2023

Patently-O

by Dennis Crouch The US Patent and Trademark Office (USPTO) issued a total of 312,100 utility patents in the calendar year 2023. This marks the fourth consecutive year of decline in the number of issued patents. The 2022 figures show a 3% decrease from the previous year and a 12% decrease from the record-high numbers seen in 2019, as depicted in the chart below.

Patent 107
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Things We Don’t Need: Generative AI

The Illusion of More

When I was planning to start The Illusion of More, I contemplated a category of posts under the heading We Don’t Need This. Although abandoned, I thought it might be an editorial framework for articles about innovations that really aren’t innovative, and the low-tech invention that originally inspired the idea was the kiddie-car/shopping-cart hybrid.

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Trademark Infringement Judgment Standard | DUELER Tire Trademark Infringement Dispute

JD Supra Law

The exclusive right to use the trademark "DUELER" enjoyed by Bridgestone Corporation shall be protected by law. According to the product brochure of Bridgestone Corporation, the trademark is used on its off-road vehicle series tire products by means of indicating it on the non-contact surface of the outside of the tire, which is the place where trademarks are commonly indicated for this type of goods.

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A lion's head is a weak trade mark, says General Court

The IPKat

On 20 December 2023, the General Court (GC) issued its decision in the case T-564/2 regarding the registration of an EU figurative trade mark representing a lion’s head encircled by rings forming a chain in classes 14 and 25. Background On 23 November 2017, Pierre Balmain (the applicant) filed an application for registration in classes 14 and 25 of the following figurative EU trade mark: Polish company Story Time sp.

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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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Influence of the Determination of Technical Problem Actually Solved on the Determination of Technical Teaching | Case on Invalidation of “Side Release Buckle” Patent

JD Supra Law

The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person skilled in the art. Incorrect determination of the technical problem actually solved by the invention may lead to wrong determination of the technical teaching provided by the prior art.

Art 73
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TTAB Posts January 2024 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of January 2024. The first three will be held "In Person" at USPTO Headquarters in Alexandria, Virginia; the last four will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. January 4, 2024 - 11 AM: In re Kattina V.

Editing 67

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Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023

The IP Law Blog

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

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UK Supreme Court Rules Against AI Inventorship of Patents

JD Supra Law

On December 20, 2023, the UK Supreme Court ("Court") dismissed Dr. Stephen Thaler's appeal, unanimously affirming the decision of the Comptroller-General of Patents, Designs and Trademarks ("Comptroller") that a machine which embodies an artificial intelligence ("AI") system could not be an inventor under the Patents Act of 1997 (UK) ("Patents Act").

Patent 70
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Never Too Late: If you missed the IPKat last week!

The IPKat

While the New Year is approaching , let’s look back at what you might have missed last week. Patents Image by Riana Harvey Rose Hughes discussed the recent Board of Appeal decision in T 2172/21, which highlights the inadequacy of mere lists of various features for satisfying the basic requirements in Europe. Rose Hughes reviewed the EPO Boards of Appeal decisions and case law.

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AI and copyright: Prompts and intellectual inputs this time from China

SpicyIP

The Beijing Internet Court recently decided an interesting copyright infringement lawsuit concerning AI generated images ( GW law translated version here ). The court held that the defendant’s use (which was of a non-commercial nature) of an image generated using AI (created by the plaintiff using Stable Diffusion) violated the plaintiff’s copyright.

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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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Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023

LexBlog IP

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

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Chef’s Legal Battle: Matsumoto Sues Pho Real LLC for Unauthorized Image Use

Indiana Intellectual Property Law

Plaintiff Shoichi Matsumoto has sued Defendant Pho Real LLC , alleging copyright infringement of Matsumoto’s original work, a photograph titled “Yakisoba-4” Matsumoto, a private chef, TV host, and photographer, claims that Pho Real used his copyrighted work without permission on their website and on a food ordering platform, Grubhub Inc., to promote its restaurant business.

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Optis v Apple Trial E (Part I): findings on specific issues and topics

The IPKat

This is Trial E, one of the six related trials between Optis and Apple. Trials A – D are technical trials about the validity and/or essentiality of certain patents (the Judge in Trial E observed that the sample in these technical trials was too small to allow him to draw any conclusion as to the quality of Optis’ Portfolio; also, that the decisions of very experienced first instance judges varied on appeal, showing that the outcomes of questions of essentiality and validity are nuanced and extre

Patent 78
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Are Pirated Movie Screeners Off Limits Since the EVO Bust?

TorrentFreak

At the end of the year, movie industry insiders traditionally receive their screener copies, which they use to vote on the Oscars and other awards. Historically, many of these screeners leaked on pirate sites, where they would be shared among millions of unauthorized viewers. This ‘ screener season ‘ was highly anticipated but nothing stays the same forever.

Copying 100
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Grindr Defeats FOSTA Claim–Doe v. Grindr

Technology & Marketing Law Blog

This case (like many I’m covering nowadays) involves heartbreaking facts, but from a legal standpoint, it was never meritorious. Doe created a Grindr account at age 15 (Doe claimed he was 18). He matched with 4 men. “Doe met each man in person and was sexually assaulted and raped.” Three of the men are in jail; one is on the lam. Even though the legal system punished the wrongdoers, the lawsuits continue.