Erik K Pelton
SEPTEMBER 5, 2023
Erik shares some creative, bold brands he has recently come across on his travels and in his neighborhood in this video The post Great Brand Names and slogans Are Everywhere – You Just Need to Look appeared first on Erik M Pelton & Associates, PLLC.
Michael Geist
SEPTEMBER 5, 2023
The government released its draft Bill C-18 regulations on Friday ahead of the Labour Day weekend, but ironically those regulations do very little to ensure that new funding will be allocated toward employing journalists. While the regulations establish what amounts to a minimum 4% link tax on Google and Meta if they link to news content, they set no minimum requirements to spend the resulting revenues on journalists or news content.
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IP Watchdog
SEPTEMBER 5, 2023
The three-judge panel that comprises the Special Committee investigating Judge Pauline Newman’s fitness to continue serving on the U.S. Court of Appeals for the Federal Circuit (CAFC) told the U.S. District Court for the District of Columbia on September 1 that the federal judiciary was meant to police itself, and that her claim that the Judicial Conduct and Disability Act of 1980 is unconstitutional should be dismissed.
Copyright Alliance
SEPTEMBER 5, 2023
In August, the courts were ablaze with issuing big decisions in several major copyright cases, including one on AI and copyright authorship. Here is a quick snapshot of the copyright-related […] The post August 2023 Roundup of Copyright News appeared first on Copyright Alliance.
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
SEPTEMBER 5, 2023
Last month, the Calcutta High Court decided a trademark dispute between KitKat (chocolate coated wafers) and KitKat (chanachur – a savoury chickpea snack) after 23 years. For those who may not know, chanachur is a very popular street food/snack which Calcutta is famous for. Street vendors across the city make their own versions of chanachur mixed with fresh onions and spices.
TorrentFreak
SEPTEMBER 5, 2023
Bungie’s copyright infringement-based lawsuits against cheat makers, sellers, and those who use them, have divided opinion in unexpected ways. While David vs. Goliath battles tend to have the masses cheering for the little guy, many videogame fans have grown tired of their enjoyment being spoiled by people who intentionally set out to spoil it.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
SEPTEMBER 5, 2023
History has shown that copyright holders tend to be wary of new technologies that disrupt the status quo. From the printing press, through cassette tapes, to online video streaming services, all were seen as major threats to the revenues of copyright holders at some point. These weren’t just overblown fears, since technologies can be used for both good and bad.
JD Supra Law
SEPTEMBER 5, 2023
As we previously reported, in January of this year, the China National Intellectual Property Administration (CNIPA) published its Draft 5th Amendment to the Chinese Trademark Law. See here. One of the proposed amendments no longer allows for (or limits) refiling of trademark applications, including in situations where subsequent new applications are required to preserve rights during pendency of actions against prior, third-party blocking marks.
IP Watchdog
SEPTEMBER 5, 2023
Confusion and misunderstanding among some independent inventors might slow or stall progress of the excellent eligibility reform bill recently introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC). Titled the Patent Eligibility Restoration Act (PERA), the legislation would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications.
JD Supra Law
SEPTEMBER 5, 2023
Listen to Entertainment Law Update for the latest news, analysis and opinion of cases impacting the fields of entertainment, media, and intellectual property law. Hosted by Gordon P. Firemark and Tamera H. Bennett.
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.
Patently-O
SEPTEMBER 5, 2023
by Dennis Crouch The U.S. Court of Appeals for the Federal Circuit recently declined to issue a writ of mandamus directing the U.S. District Court for the Eastern District of Texas (Judge Gilstrap) to dismiss a patent infringement lawsuit against Charter Communications based upon improper venue. In re Charter Commc’ns, Inc. , No. 2023-136 (Fed.
JD Supra Law
SEPTEMBER 5, 2023
On August 30, the U.S. Copyright Office issued a Notice of Inquiry on Copyright and Artificial Intelligence. The goal of the Notice of Inquiry is to further inform the Office’s study of AI and to evaluate whether legislative or regulatory steps are needed.
IP Law 360
SEPTEMBER 5, 2023
An ex-Greenberg Traurig LLP shareholder and his divorce lawyer launched a $150 million defamation and cyberstalking suit against a social media influencer in Florida federal court Tuesday, alleging the influencer ran a media campaign that falsely accused the ex-Greenberg Traurig attorney of being abusive, destroyed his career and distressed his children.
IP Watchdog
SEPTEMBER 5, 2023
This week in Washington IP news, Congress is returning from its summer recess and the Senate is holding several hearings its first week back, including the Senate Energy Committee which turns its focus to artificial intelligence. Elsewhere, CSIS will discuss defense technology acquisition, and ITIF meets with state government representatives to look at how states can help the CHIPS Act succeed.
IP Law 360
SEPTEMBER 5, 2023
A Delaware federal judge threw out a $15.1 million jury verdict against Google on Tuesday, ruling that an infringement finding against the tech giant over audio programming patents is not supported by trial evidence.
The IPKat
SEPTEMBER 5, 2023
This is the final part of this Kat’s analysis on Interdigital v Lenovo FRAND judgment [ 2023] EWHC 539 (Pat ). The first three parts can be found here , here , and here. Waiting for appeal SECTION 2 – INTERDIGITAL’S TOP-DOWN CROSS-CHECK InterDigital’s top-down case was advanced as a cross check for their primary comparables case ([815]). InterDigital proposed that the total aggregate royalty burden equals the aggregate royalty burden of InterDigital divided by InterDigital’s share of the patents
IP Law 360
SEPTEMBER 5, 2023
The U.S. Copyright Office said Tuesday it decided there's nothing legally ambiguous in the Music Modernization Act that would keep music streamers from owing late fees when royalty estimate adjustments reveal underpayments to artists, rejecting an interpretation put forward by a group representing major streaming music services.
JD Supra Law
SEPTEMBER 5, 2023
On July 24, 2023, the United States Court of Appeals for the Federal Circuit issued a precedential opinion in United Therapeutics Corp. v. Liquidia Technologies, Inc. that affirmed the United States District Court for the District of Delaware’s decision that (1) claims 1, 4, and 6-8 of U.S. Patent 10,716,793 (’793 patent) are not invalid and are infringed by Liquidia Technologies and (2) claims 1-3 of U.S.
IP Law 360
SEPTEMBER 5, 2023
Senate Majority Leader Chuck Schumer's proposed SAFE Innovation Framework may have the potential to generate thoughtful understanding and governance of artificial intelligence within a meaningful time frame, say Alan Charles Raul and Rimsha Syeda at Sidley.
The TTABlog
SEPTEMBER 5, 2023
A TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods/services. Here are three recent appeals from Section 2(d) refusals. How do you think these came out? Answers will be found in the first comment. [No hints this time]. In re Puma SE , Serial No. 90600590 (August 29, 2023) [not precedential] (Opinion by Judge Christopher C.
IP Law 360
SEPTEMBER 5, 2023
The Federal Circuit on Tuesday shot down Charter Communications Inc.'s petition for an order requiring U.S. District Judge Rodney Gilstrap to throw out a suit accusing it of infringing a rival's patent, rejecting an argument that the venue was improper.
JD Supra Law
SEPTEMBER 5, 2023
Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in intellectual property law and any impact on the legal and business landscapes, potential challenges and opportunities, possible legislative reforms, and more.
43(B)log
SEPTEMBER 5, 2023
SME Steel Contractors, Inc. v. Seismic Bracing Company, LLC, F.Supp.3d -, 2023 WL 4463246, No. 2:17-cv-00702-RJS-DAO (D. Utah Jul. 11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. One of the defendants (Hinchman) used to work for plaintiff SME. Although BRBs are increasingly being “used in new structural steel construction projects, the BRB industry is still developing and might be considered a
JD Supra Law
SEPTEMBER 5, 2023
In In re Cellect, the Federal Circuit effectively held that Patent Term Adjustment (PTA) awarded under 35 USC § 154 is not protected from obviousness-type double patenting (OTDP) in view of a patent with the same 20-year term, such as may arise between a parent and child patent. In so doing, the court drew a line between other Federal Circuit decisions holding that Patent Term Extension (PTE) awarded under 35 USC § 156 is protected from OTDP.
IP Law 360
SEPTEMBER 5, 2023
A Purdue Pharma lawyer had a tough time at the Federal Circuit on Tuesday trying to pin the company's appeal of a loss at the Patent Trial and Appeal Board on the board's two-year delay in issuing a decision, with all three judges telling her she wasn't really answering their questions.
Patent Trademark Blog
SEPTEMBER 5, 2023
How do you know if your product is covered by a patent? It can seem like a given premise that you don’t even bother questioning it. After a long journey, you finally get your utility patent approved on your product concept. So now you’re selling the patented product. But, what if your patent does not actually cover your product? How would you be able to tell if your products are actually covered by your patent?
IP Law 360
SEPTEMBER 5, 2023
Simpson Thacher & Bartlett LLP has hired a former Paul Weiss Rifkind Wharton & Garrison LLP attorney in New York, who focuses her practice on intellectual property law, the firm recently announced.
LexBlog IP
SEPTEMBER 5, 2023
On September 1, 2023, Governor Newsom signed Senate Bill (SB) 699 , which buttresses current state law that voids contracts that restrain an employee from engaging in a lawful profession, trade, or business of any kind. California’s Business and Professions Code section 16600 states, “[E]very contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Read more.
Garrigues Blog
SEPTEMBER 5, 2023
Notable new aspects of the law include the right granted to press publishers to authorize or prohibit the online use of their publications and that online content-sharing service providers are considered to perform an act of communication to the public or an act of making available to the public when they give the public access to copyright-protected works.
IP Law 360
SEPTEMBER 5, 2023
Candid Care Co. has gotten the green light to seek a declaration that it doesn't infringe rival SmileDirectClub's teledentistry patent, a Delaware federal judge has ruled, citing SmileDirectClub's previous suits and "aggressive" patent enforcement program.
43(B)log
SEPTEMBER 5, 2023
Jones v. Varsity Brands, LLC, 2023 WL 5662590, No. 2:20-cv-02892-SHL-tmp (W.D. Tenn. Aug. 31, 2023) Varsity is a “prominent host of competitive cheerleading competitions and camps,” aka a monopolist. I’m just going to focus on the consumer protection-related claims, because antitrust is a hairball under current rules. Of interest, plaintiffs sought to pursue violations of the consumer protection laws of over 30 states as a class action.
IP Law 360
SEPTEMBER 5, 2023
The Federal Circuit committee investigating Judge Pauline Newman's fitness to remain on the bench has said that the 96-year-old judge's lawsuit against her colleagues must be thrown out, arguing the district judge assigned the case has no authority to hear it.
43(B)log
SEPTEMBER 5, 2023
Federal Trade Commission v. National Urological Group, Inc., 2023 WL 5541756 No. 21-14161, F.4th - (11th Cir. Aug. 29, 2023) Nearly 20 years ago, the FTC sued appellants, alleging they had misrepresented their weight-loss products to consumers. The district court granted injunctive relief and ordered them to pay $16 million in equitable monetary relief, which was then available.
IP Law 360
SEPTEMBER 5, 2023
A Delaware federal judge on Tuesday upheld a pair of Natera Inc. patents covering cancer testing products, rejecting competitor ArcherDX's argument that Natera waited too long before filing for patents and suing ArcherDX for infringement.
Olartemoure Blog
SEPTEMBER 5, 2023
To better understand the technological revolution of artificial intelligence (AI), we present eight key concepts related to its governance. AI Governance A system of policies, practices, and processes implemented by organizations to manage and oversee their use of AI, ensuring alignment with their goals and ethical, responsible, and legal use. Transparency The extent to which information about an AI system, such as whether it is being used and in what manner, is available to involved parties.
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