Thu.Aug 11, 2022

3 Count: The Search People

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Microsoft Sues “Black Market” Software Distributor for TM and Copyright Infringement.

Software Company Still Fighting U.S. Navy Over Millions in Piracy Damages


The U.S. Government regularly goes after copyright-infringing companies and individuals, both domestically and abroad. That doesn’t mean that there are no copyright issues within its own ranks.


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No Brain, No Gain: U.S. Patent Inventors Must Be Human

JD Supra Law

The U.S. Court of Appeals for the Federal Circuit has agreed with the U.S. Patent Trademark Office (PTO) in holding that artificial intelligence (AI) cannot be considered an “inventor” for purposes of obtaining patents. By: Pillsbury - Internet & Social Media Law Blog

House of the Dragon Leaks: HBO Wields DMCA in Hunt For Mystery Reddit User


Few people need to be reminded of the massive success story attached to HBO’s hit TV series, Game of Thrones.

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.

On Remand from SCOTUS, CAFC Again Upholds Ruling for Hologic Based on Assignor Estoppel

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today, in a precedential decision, revisited its 2020 holding that the doctrine of assignor estoppel bars Minerva Surgical, Inc. from challenging the validity of Hologic Inc.’s s patent directed to a device for treating a uterus.

More Trending

Patent Filings Roundup: Jeffrey Gross Assertion Tests West Texas Order; Failure to Serve Leads to Taasera Declaratory Judgment; Farm Software Dispute Sparks Suit

IP Watchdog

There were 33 Patent Trial and Appeal Board (PTAB) proceedings (all inter partes reviews [IPRs]), with just 42 new district court patent filings this week.

What is the Copyright Status of AI Generated Works?


As AI platforms like Midjourney , or Dall-E2 are widely adopted the question that is increasingly being asked is about the copyright position.

Expanding Subscription Offers in RightFind Offers SME Organizations More Options and Flexibility

Velocity of Content

Cost-effective, easy to implement and integrated solutions that support the resource needs of small- medium enterprises (SME) continue to be in high demand. Employees in these businesses balance an array of secondary duties, even when research needs to be at the forefront.

IPSC Breakout Session 3, Language and Authorship/ownership


What Is the Relationship Between Language and Thought?: Linguistic Relativity and Its Implications for Section 230 and Copyright Christopher S. Yoo Cognitive linguistics says language may not be independent of thought: language shapes how we think/what we can think about.

Overcoming the cost of healthcare transformation through partnerships

McKinsey Public & Social Sector Insights

Players are adapting to the evolving healthcare landscape by using a range of partnership models—beyond M&A—to create value. Anticipating and avoiding five common mistakes can be key for success. Insights on Healthcare Systems & Services Health care services United States


IPSC breakout session 2: Int'l IP. TM, Antitrust


International IP Infringement as Artefact: The Curious Case of Paramount Pictures v Rup Kamal Chitra Arpan Banerjee Film industry 60 years ago was not seen as respectable industry in India: female actors were considered sex workers. Banks wouldn’t give loans to filmmakers.

In the Weeds? Humira “Patent Thicket” Isn’t an Antitrust Violation

JD Supra Law

The US Court of Appeals for the Seventh Circuit affirmed that welfare benefit plans that bought the drug Humira did not have valid antitrust claims against the patent owner.

Law 65

IPSC, Stanford: Opening Plenary Session: Under-Represented Groups in the IP System


Representation of Female Inventors on Patent Teams Jordi Goodman Equity would be achieved in 2092 if current trends continue. Group dynamics: is everyone equally likely to be on a team?

Announcing the Sixth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Technology & Marketing Law Blog

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * DRM-free PDF file. Price: $12. Kindle. Price: $9.99. * Print-on-demand hard copy from Amazon.

New Decision Addresses Whether Transcription Error in Prior Art Supports Obviousness

JD Supra Law

More than 50 years ago, the Court of Customs and Patent Appeals (CCPA) in In re Yale, 434 F.2d 666 (C.C.P.A.

Art 60

What made Colombia an attractive venue for Ericsson in its patent battle with Apple

IAM Magazine

The Swedish company has been a prolific filer in a country whose judicial processes strongly favour plaintiffs

NJ Atty Booted From Pharma Co.'s Herbal Extract TM Row

IP Law 360

A New Jersey magistrate judge has recommended disqualification of counsel for pharmaceutical company HP Ingredients in its trademark suit against rival Sabinsa over a similarly named herbal extract, finding that HP's counsel had a prior relationship with Sabinsa that poses a conflict of interest

AI Systems May Invent, But Are They Inventors?

The IP Law Blog

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent?

Bill C-27: Canada Introduced Its First Legislation on the Development and Use of Artificial Intelligence in the Private Sector


Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School.

court treats Green Guides as rules/regulations for purposes of state safe harbors


Duchimaza v. Niagara Bottling, LLC, 2022 WL 3139898, No. 21 Civ. 6434 (PAE) (S.D.N.Y. 5, 2022) Interesting opinion treating FTC Guides as binding for purposes of state safe harbor laws.

4 Key Takeaways - U.S. Government Enforcement Related to Research

JD Supra Law

Kilpatrick Townsend partners Adria Perez and Clay Wheeler recently presented “Criminal Enforcement Trends in a Connected World” at the firm’s Kilpatrick Townsend Intellectural Property Seminar (KTIPS).

Kenya Copyright Board on "responsible use of memes": quasi-judicial powers and balanced perspectives

The IPKat

Last week, Kenya's government agency in charge of copyright matters, Kenya Copyright Board (KECOBO) published an advisory via its Twitter handle.

Seeing Starz: Circuit Tension Regarding Damages Accrual in Copyright Cases

JD Supra Law

The Copyright Act prescribes a three-year statute of limitations (17 U.S.C. § 507(b)), and the default “incident of injury” rule dictates that the three-year clock starts running when the infringement occurs.

Reflecting Fool

Likelihood of Confusion

George M. Wallace, better known to law blog readers by virtue of his Declarations and Exclusions blog, moons us all and has published an “extra” April Fool’s Blawg Review Appendix. The post Reflecting Fool appeared first on LIKELIHOOD OF CONFUSION™. Roundups

PTO Issues Notice on Duties of Disclosure and Reasonable Inquiry

JD Supra Law

The US Patent & Trademark Office (PTO) issued a notice on July 29, 2022, titled “Duties of Disclosure and Reasonable Inquiry During Examination, Reexamination, and Reissue, and for Proceedings Before the Patent Trial and Appeal Board.”. By: McDermott Will & Emery

How to Build a Law Firm? Start with Culture, Revisit Culture, Reinforce Culture, Talk about Culture, Team Build around Culture

Stock Legal Blog

Building Stock Legal has been one of the most joyful experiences of my life, second only to my three amazing little humans. It’s challenged me in ways that I never imagined. True to the saying, it’s been the highest of highs, and the lowest of lows.

[Audio] New and Non-Obvious: The Nuts-and-Bolts Episode on Patent Law

JD Supra Law

What is a patent? How do I get one? Are they expensive? Are they enforceable? Intellectual Property Practice Group Chair David M. Sullivan answers these questions and breaks down the requirements needed before filing an application with the U.S. Patent and Trademark Office.

Further Updates on Neurological Teaching Infringement

BYU Copyright Blog

In recent developments in the Eichelberger v. Hudson-McKinney case (initial report here, subsequent update here), Defendant Hudson-McKinney filed a Motion to Dismiss on the grounds that the Complaint failed to state a claim for relief.

The Seventh Circuit Asks, “What’s Wrong With Having Lots of Patents?”

JD Supra Law

The answer? Not much, in itself. If one patent is good, 132 is probably fine too.

UK national security law could slow tech transfer

Managing IP

The UK government wants to stop local tech going to China, but tech transfer offices often have few options. Default Analysis Europe Patents IP Strategy Trade Secrets

Don’t Dew It: Second Circuit Cans Likelihood of Confusion Argument

JD Supra Law

The US Court of Appeals for the Second Circuit reversed and vacated a district court’s preliminary injunction grant because the district court erred in assessing the strength of a trademark. RiseandShine Corporation v. PepsiCo, Inc., Case No. 21-2786 (2d Cir.

How brands and retailers avoid trademark tensions: in-house

Managing IP

Brands and retailers should educate their marketing departments and get help from their sales teams so private label products don’t become a major problem. Default United States Trademarks IP Strategy Analysis

[Audio] Discretionary Denials at the PTAB: What to Expect? - Patents: Post-Grant Podcast

JD Supra Law

Please join Troutman Pepper’s Intellectual Property and Health Sciences Practice Group for the second season and first installment of our podcast series focused on strategy, trends, and other happenings at the PTAB.