Michael Geist

AUGUST 25, 2023

The Bill C-18 legislative process was marked by repeated warnings from the government that this was an urgent issue that justified its repeated efforts to cut off debate in order to fast track the bill into law before the summer break. In fact, in a late change, the bill was amended to provide that it would take effect with 180 days of royal assent, rather than the previously envisioned staged approach that would have resulted in a gradual development of regulations and implementation.

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IP Watchdog

AUGUST 25, 2023

On Thursday, Reuters reported that Google sent a letter to the U.S. Patent and Trademark Office (USPTO) criticizing proposed rule changes that the tech firm believes will stifle U.S. innovation. The internet giant expressly pointed to the field of artificial intelligence as a weak point for the USPTO and its patent examiners. The letter was signed by Halimah DeLaine Prado, General Counsel for Google.

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JD Supra Law

AUGUST 25, 2023

Is your employee handbook sufficient to capture patent rights in your employee’s inventions? The Federal Circuit case of Omni Medsci v. Apple illustrates one reason why it does not. It is common practice to include, in an employee handbook, a policy requiring transfer of any future inventions. Typically, the employee is required to review and sign the handbook, but ordinarily this does not create a contract.

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IP and Legal Filings

AUGUST 25, 2023

Introduction Both the Delhi High Court and the Punjab & Haryana High Court rejected appeals that were made before them and declined to have territorial jurisdiction over the case owing to a difference of opinion. This led to an appeal being submitted before the Supreme Court. In its ruling issued on August 18, 2022 in the case of Pr. Commissioner of Income Tax-I, Chandigarh v.

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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

TorrentFreak

AUGUST 25, 2023

For a long time, pirate site blocking was regarded as a topic most U.S. politicians would rather avoid. This stance was a remnant of the SOPA defeat, which drove copyright holders to focus on blocking efforts in other countries instead, with success. Those challenging times are now more than a decade old, and momentum is shifting. After more than forty countries around the world instituted site-blocking measures, including in Canada, U.S. lawmakers may be more receptive to revisiting this topic.

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Copyright Lately

AUGUST 25, 2023

As screenwriters and studios negotiate AI’s role in the entertainment industry, it’s important to be mindful of some core copyright protection principles. In a decision that surprised exactly no one, D.C. District Court Judge Beryl A. Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr.

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U.S. Department of Commerce

AUGUST 25, 2023

Biden-Harris Administration Announces Nearly $3.5 Million in Internet for All Grants to Tribal Lands August 25, 2023 KCPullen@doc.gov Fri, 08/25/2023 - 09:35 Infrastructure The Department of Commerce’s National Telecommunications and Information Administration (NTIA) announced it has awarded seven grants totaling nearly $3.5 million to seven Tribal entities as part of the Tribal Broadband Connectivity Program (TBCP).

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IP and Legal Filings

AUGUST 25, 2023

INTRODUCTION Compliance norms are statutory required standards and regulations that a company must observe. Compliance with labour regulations in India must be done in line with the laws of the nation. The Indian government has announced steps to make it simpler for start-ups in the nation to comply. One of these solutions is enabling start-ups that satisfy specific criteria to be exempt from some employment restrictions for up to three years.

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U.S. Department of Commerce

AUGUST 25, 2023

Spotlight on Commerce: Thomas Choi, International Program Specialist, Commercial Law Development Program (CLDP) May 18, 2021 KYee@doc.gov Fri, 08/25/2023 - 08:42 Intellectual property Thomas Choi, International Program Specialist, Commercial Law Development Program (CLDP) Guest blog post by Thomas Choi, International Program Specialist, Commercial Law Development Program (CLDP) I am humbled to write a blog post in honor of Asian American and Pacific Islander Heritage Month and to share my story,

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IP Law 360

AUGUST 25, 2023

​​Elysium Health willfully infringed W.R. Grace's patents covering its Tru Niagen brand of vitamin B3 supplements, a Delaware federal jury determined in a verdict reached Friday, placing ​​Elysium on the hook for $3.6 million in damages stemming from sales of its Basis supplement as well as possible trebled damages.

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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

Likelihood of Confusion

AUGUST 25, 2023

First posted on January 17, 2010. From last week’s INTA Trademark Topics email discussion list. One name has been changed to protect the innocent, and the links, by way of. The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™.

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IP Law 360

AUGUST 25, 2023

Hip hop artist Future beat a lawsuit alleging his 2018 song "When I Think About It" infringed a Virginia rapper's track "When U Think About It," with an Illinois federal judge finding Friday that while the works have similar lyrics and themes, those elements are too commonplace to be protectable.

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LexBlog IP

AUGUST 25, 2023

Jenka Lab’s Intellectual Property Rights at Forefront of Counterfeit Games Lawsuit by Melanie Lane Lawsuit Served by Founders Legal on Behalf of Jenka Lab against One-Stop Game Solution for Alleged Counterfeiting at 2023 Southern Amusement & Entertainment Expo. Attorneys Kennington Groff , Melanie Lane , and Zachary Eyster , of Founders Legal (Bekiares Eliezer LLP) have filed a legal action on behalf of Jenka Lab, LLC against One-Stop Game Solution, LLC dba GGC Industries.

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IP Law 360

AUGUST 25, 2023

Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

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JD Supra Law

AUGUST 25, 2023

The rise of Deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing.

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IP Law 360

AUGUST 25, 2023

North Carolina urged a federal court Friday to toss new copyright claims in a photographer's suit alleging a state agency unlawfully used his pictures and videos of Blackbeard's shipwreck, arguing it has stopped using the material.

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JD Supra Law

AUGUST 25, 2023

INCEPT LLC v. PALETTE LIFE SCIENCES, INC. Before Newman, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: No teaching away when art does not disparage invention and free samples cannot count as commercial success.

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IP Law 360

AUGUST 25, 2023

The failure of two Texas bar owners to answer a complaint that accused the establishment of hosting an unauthorized showing of the 2019 boxing match between Saul "Canelo" Alvarez and Sergey Kovalev resulted in a $21,800 default victory Friday for the event's license holder.

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Licensing 75

JD Supra Law

AUGUST 25, 2023

Volvo Penta of the Americas, LLC, v. Brunswick Corp. Before Moore, Lourie, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: The Board must consider the combined weight of multiple objective indicia of non-obviousness and must provide an explanation for the weight attributed to each objective indicia proven by the patent owner.

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IP Law 360

AUGUST 25, 2023

The past week in London has seen motorsport team McLaren start its engines in a claim to enforce a contract with driver Alex Palou, a senior Axiom Ince partner challenge his SRA suspension, and AstraZeneca face a product liability claim over COVID-19 vaccine side effects. Here, Law360 looks at these and other new claims in the U.K.

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LexBlog IP

AUGUST 25, 2023

The rise of deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Intellectual Property 52

IP Law 360

AUGUST 25, 2023

Alnylam Pharmaceuticals Inc. and Moderna Inc. on Friday agreed to a final judgment of noninfringement in Alnylam's lawsuit alleging Moderna used patented biotechnology for its Spikevax coronavirus vaccine, following a Delaware federal judge's claim construction ruling, which Alnylam has vowed to appeal.

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Patent 52

Kluwer Copyright Blog

AUGUST 25, 2023

Perhaps it comes as no surprise that a copyright dispute regarding a fire- breathing – sneezing dragon would get so heated. The case of Evans v John Lewis Plc & Anor [2023] EWHC 766 (IPEC) is a copyright infringement claim in which the IPEC (a specialist IP court in the UK) was asked to decide whether John Lewis’s 2019 Christmas advert and an associated book infringed the copyright in a children’s book.

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IP Law 360

AUGUST 25, 2023

A Munich Re unit owes no coverage to three strip clubs facing over $1.4 million in damages for using 16 professional models' images in advertising without consent, the Fifth Circuit ruled, finding that one exclusion absorbed underlying advertising injury and privacy claims while another exclusion did not render coverage illusory.

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IP Watchdog

AUGUST 25, 2023

This week in Other Barks & Bites: The U.S. Patent and Trademark Office (USPTO) announced Friday it is extending the deadline on its Request for Comments on anticounterfeiting and antipiracy strategies by one month, to September 25, 2023; tobacco company Altria files a complaint against e-cigarette maker Juul alleging patent infringement of e-cigarette technology; a Trader Joe’s workers’ union files a motion to dismiss a trademark infringement lawsuit filed by the supermarket chain; and the

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JD Supra Law

AUGUST 25, 2023

On August 7, in Axonics, Inc. v. Medtronic, Inc., the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) was required to consider an inter partes review (IPR) petitioner’s arguments that were raised for the first time in its reply brief addressing a claim construction first-proposed in the patent owner’s response brief. USPTO guidance generally precludes petitioners from submitting new arguments in a reply brief.

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The IPKat

AUGUST 25, 2023

If this Kat were to draw up a list of the types of work most likely to be the subject of copyright infringement proceedings, photographs would be quite high if not, in some countries, even at the top of the list. Famous examples include the red London Bus , the portrait of Jimi Hendrix , “Fait d’hiver” , Jeff Koons' “Naked” sculpture based on a photograph … The list goes on.

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JD Supra Law

AUGUST 25, 2023

On August 18, 2023, the US District Court for the District of Columbia (the Court) ruled in Thaler v. Register of Copyrights that an AI-generated work “absent any guiding human hand” is not protected by copyright, explaining that “[h]uman authorship is a bedrock requirement of copyright.” The Court’s ruling affirmed the US Copyright Office’s (the Office) decision that artwork created solely by the “Creativity Machine,” an artificial intelligence computer system, is not eligible for copyright.

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Copyright Law Copyright Artwork Art 52

The IP Law Blog

AUGUST 25, 2023

The rise of deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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JD Supra Law

AUGUST 25, 2023

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. 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.

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Patently-O

AUGUST 25, 2023

by Dennis Crouch Mylan v. IRS , No. 22-1193, — F.4th — (3d Cir. July 27, 2023) In a recent tax appeal, the Third Circuit court of appeals afformed that legal expenses incurred by generic drug makers to defend against patent infringement suits brought under the Hatch-Waxman Act are deductible as ordinary and necessary business expenses. This aligns with longstanding precedent treating patent litigation defense costs as deductible for the alleged infringer.

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Litigation Patent Infringement Branding Brands 52

JD Supra Law

AUGUST 25, 2023

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. 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.

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Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules). The 2003 Rules came in super session of the erstwhile Patents Rules, 1972 and provided an elaborate description of the filing procedure and allied actions.

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JD Supra Law

AUGUST 25, 2023

The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one case while in two other cases, the Local Division Milan issued two orders against accused infringers for the preservation of evidence.

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Olartemoure Blog

AUGUST 25, 2023

A2censo, an innovative platform facilitated by the Financial Superintendence of Colombia, empowers small and midsize enterprises (SMEs) by granting them access to collaborative financing alternatives via the issuance of shares and convertible notes. Operating as a debt crowdfunding mechanism, this instrumental platform has facilitated the acquisition of vital capital for numerous companies, enabling the uninterrupted continuation of their day-to-day operations.

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