Plagiarism Today
AUGUST 3, 2023
AFP sues X (Twitter) over unlicensed news content, Upper Deck sues former contractor over Lorcana game design and Last of Us clone taken down. The post 3 Count: X-Plosive News appeared first on Plagiarism Today.
Copyright Alliance
AUGUST 3, 2023
All the hoopla surrounding the new Barbie movie has awoken a distant Barbie memory for me. No, not that type of memory (I was more of a superhero action figure […] The post Barbie: An IP Girl in an IP World appeared first on Copyright Alliance.
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Plagiarism Today
AUGUST 3, 2023
Author Keith F. Bell is the author of Winning Isn't Normal, but he's made a name as a regular litigant. Now, he's coming to the CCB. The post ‘Winning Isn’t Normal’ Author Files First Cases with the CCB appeared first on Plagiarism Today.
IP Watchdog
AUGUST 3, 2023
On August 2, inventor advocacy group US Inventor held a webinar on provisions of the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act that are intended to curb abuses impacting small business patent owners at the Patent Trial and Appeal Board (PTAB). While most panelists on the virtual call acknowledged that the PREVAIL Act wouldn’t solve every problem threatening the U.S. innovation ecosystem’s most vulnerable members, there was widespread agreement that
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?
JD Supra Law
AUGUST 3, 2023
Last week, the CEO of Twitter, Elon Musk, announced that Twitter would be re-branded simply as “X.” Upon the new “X” logo being unveiled on most users’ phones, confusion was almost instant. As one friend put it, “I thought it was my Comcast Xfinity app.” This abrupt brand change came as a shock to both the social media community at large and the trademark community.
The IP Law Blog
AUGUST 3, 2023
It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC , questioned the scope and validity of the Server Test, a copyright doctrine that was established by the 9th Circuit and has since been rejected by a number of courts. Alexis Hunley et al v Instagram, LLC involved a potential class action claim against Instagram related to its embedding practice.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
AUGUST 3, 2023
There is growing consensus from recent Boards of Appeal that G1/21 does not endorse the imposition of ViCo oral proceedings, absent a state of general emergency ( T 1501/20 ). These most recent cases contradict the decisions of earlier Boards of Appeal that G1/21 could be ignored in view of improvements in ViCo technology. ViCo controversy catch-up The mandatory use of ViCo in oral proceedings was introduced in response to the travel restrictions caused by the COVID-19 pandemic.
JD Supra Law
AUGUST 3, 2023
Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations. This blog highlights some of the major things you should consider as you launch your products into the marketplace, from an intellectual property perspective.
Patently-O
AUGUST 3, 2023
by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-leng
TorrentFreak
AUGUST 3, 2023
Founded in the last millennium, CannaPower must be one of the oldest pirate sites still around today. The site currently indexes more than 50,000 audio releases, which are shared through external hosting platforms. CannaPower Blocking Efforts With roughly a million monthly visits, mostly from Germany, the download portal is large enough to appear on the music industry’s radar.
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.
Cogency Global
AUGUST 3, 2023
What this is : A detailed examination of Purchase Money Security Interests (PMSI) , a financial tool whereby a creditor loans money to a debtor for purchasing specific goods and secures a superior interest in those goods. What this means : We help demystify the complex concept of PMSI, showing its relevance to UCC searching and filing procedures and how it can secure "super priority" over other interests in the same collateral, provided certain rules are adhered to.
TorrentFreak
AUGUST 3, 2023
Filed in February 2022, a DISH Network copyright infringement lawsuit demanded $32.5m in damages from UK-based CDN company DataCamp. The complaint alleged that DataCamp failed to take appropriate action against 11 pirate IPTV services flagged by DISH as repeat infringers, through the sending of more than 400 DMCA notices to DataCamp. Similar lawsuits have become fairly common in recent years and when copyright holders prevail, damages awards can reach hundreds of millions of dollars.
IP Law 360
AUGUST 3, 2023
Apple Inc. has asked the Trademark Trial and Appeal Board to change up its attempt to register the "Apple Music" mark by taking out a portion regarding live performances after the tech giant lost a case at the Federal Circuit.
LexBlog IP
AUGUST 3, 2023
In March 2022, the USPTO issued a statement terminating relations with the Federal Service for Intellectual Property (“Rospatent”) and with the Eurasian Patent Organization. [1] The USPTO also terminated relations with the National Intellectual Property Office of Belarus.
IP Law 360
AUGUST 3, 2023
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
JD Supra Law
AUGUST 3, 2023
In April, we discussed oral arguments at the Supreme Court for Abitron Austria GmbH et al. v. Hetronic International, Inc., a case in which the Supreme Court considered the extraterritorial reach of the Lanham Act (“Act”) for the first time since 1952. Last month, the Court ruled that the Lanham Act only reaches claims of infringement where the infringing use in commerce is domestic.
IP Law 360
AUGUST 3, 2023
The Ninth Circuit on Thursday said it was too soon to address whether Section 230 shielded a website that uses high school yearbook photos to promote subscriptions from facing a class action alleging it violated the publicity rights of some of the people in those photos, and instead decided that further litigation is needed to determine if the dispute belongs in arbitration.
JD Supra Law
AUGUST 3, 2023
In February, the Federal Circuit declined to modify or overrule its long-standing test for obviousness in design patents, the Rosen-Durling test, despite arguments that the Supreme Court overruled it in KSR v. Teleflex. A series of recent posts outlined the LKQ v. GM case’s challenge to the Rosen–Durling standard. One post suggested that the Rosen-Durling test may be questioned in future en banc review.
IP Law 360
AUGUST 3, 2023
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
LexBlog IP
AUGUST 3, 2023
The recent proliferation of useful Artificial Intelligence (“AI”) tools for tasks like text, image, music, and software code generation is all the rage. In the intellectual property sphere, one of the hottest topics surrounding the use of these AI tools is whether the works of art or inventions (including works of industrial design) created using these tools can still be considered the creation of the individual author or designer.
IP Law 360
AUGUST 3, 2023
The Ninth Circuit on Thursday revived a False Claims Act suit accusing Valeant Pharmaceuticals of fraudulently obtaining a patent to prolong its monopoly on its drug Apriso, finding the statute's public disclosure bar doesn't block the suit since disclosures from patent proceedings and prior news coverage don't say Valeant committed fraud.
IP Watchdog
AUGUST 3, 2023
The Patent Trial and Appeal Board (PTAB) yesterday published the eighth installment of its Motion to Amend (MTA) Study, including updated information from March 15, 2019, through March 31, 2023. The study analyzes all motions to amend, including pre-pilot and pilot program motions. Of 469 total motions to amend patent claims since October 1, 2012, 83% (391) were denied; 10% (47) were granted; and 7% (31) were granted in part.
IP Law 360
AUGUST 3, 2023
Another company has launched a lawsuit against supermodel Bella Hadid over an image of herself on social media platform Instagram, saying she infringed a copyright.
JD Supra Law
AUGUST 3, 2023
The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc., Case Nos. 21-56150; -56236 (9th Cir. July 24, 2023) (Callahan, Nelson, Thomas, JJ.).
The IPKat
AUGUST 3, 2023
Too busy with your summer plans and suffering from the IP FOMO? Here are some summer news items to keep you in the loop. New GuestKat The IPKat is delighted to welcome Alessandro Cerri as a new GuestKat for the next six months. Alessandro works as in-house legal counsel in the global IP team of Warner Bros. Discovery, based in the UK. He primarily focuses on trade marks as part of his current position but has been involved in matters spanning across a range of soft-IP rights (particularly, copyr
JD Supra Law
AUGUST 3, 2023
The US Court of Appeals for the Federal Circuit affirmed a district court’s holding that the asserted method of treatment patent was valid and infringed because safety and efficacy are not patent concerns. The Federal Circuit also affirmed the district court’s holding that certain claims of the product-by-process patent were invalid because the claimed product was in the prior art, regardless of the process by which it was made.
LexBlog IP
AUGUST 3, 2023
It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC , questioned the scope and validity of the Server Test, a copyright doctrine that was established by the 9th Circuit and has since been rejected by a number of courts. Alexis Hunley et al v Instagram, LLC involved a potential class action claim against Instagram related to its embedding practice.
JD Supra Law
AUGUST 3, 2023
United Therapeutics Corp. v. Liquidia Technologies, Inc., Nos. 2022-2217, 2023-1021 (Fed. Cir. (D. Del.) July 24, 2023). Opinion by Lourie, joined by Dyk and Stoll. United Therapeutics sued Liquidia for infringement of two patents related to methods of treating pulmonary hypertension and to pharmaceutical compositions comprising treprostinil, which is used in treating pulmonary hypertension.
LexBlog IP
AUGUST 3, 2023
As we recently covered in this space , the Supreme Court in Abitron Austria GmbH et al. v. Hetronic International, Inc. held that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. We anticipated that district courts would soon be addressing this decision in pending and future litigation.
JD Supra Law
AUGUST 3, 2023
This case addresses the validity of patents asserted against a high-density fiber optic equipment importer in violation of § 337. In particular, this case discusses enablement and claim construction as it relates to interpretation of open ended ranges and plural claim language.
LexBlog IP
AUGUST 3, 2023
When a for-profit corporation transacts with its non-profit affiliates, maintaining compliance can quickly become far more complicated. This can be especially true when company directors or officers have overlapping duties between for-profit and non-profit entities. However, for many it is still advantageous to create a non-profit subsidiary due to the benefits of attaining tax-exempt status, federal grant eligibility, reduced liability, expanded lobbying opportunities, and greater independence
JD Supra Law
AUGUST 3, 2023
Copyright Office Provides Guidance on the Registration of Works That Include AI-Generated Material - During a June 2023 webinar, representatives of the Copyright Office provided much needed clarification and guidance on registering works that include material generated through artificial intelligence (AI) (Registration Guidance). This clarification and guidance was much needed following the Copyright Office’s March 2023 guidance on “Works Containing Material Generated by Artificial.
LexBlog IP
AUGUST 3, 2023
In its continued effort to keep industry apprised of threats facing companies in the U.S., CISA recently issued a Cybersecurity Advisory : 2022 Top Routinely Exploited Vulnerabilities that is helpful to get up to speed on top threats, emerging threats, and intelligence of vulnerabilities being exploited by threat actors. It also provides recommendations to reduce the risk of compromise by threat actors that is important for information technology teams to implement.
JD Supra Law
AUGUST 3, 2023
Artificial intelligence (AI) is proving central to many recent commercial transactions, such as asset or business acquisitions or licenses, and this will only increase as interest in AI explodes. Whether such commercial transactions concern an investment into AI-driven technology, competitive industries, or delivery of services that may be revolutionized with AI, here are four crucial considerations when making a deal.
IP Tech Blog
AUGUST 3, 2023
As we recently covered in this space , the Supreme Court in Abitron Austria GmbH et al. v. Hetronic International, Inc. held that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. We anticipated that district courts would soon be addressing this decision in pending and future litigation.
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