Plagiarism Today
AUGUST 11, 2022
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. First off today, Christina Tabacco at Law Street reports that Microsoft has filed a copyright infringement lawsuit against The Search People Enterprises over allegations that the company distributed pirated copies of Microsoft products.
TorrentFreak
AUGUST 11, 2022
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. Six years ago the US Navy was sued for mass copyright infringement by German software vendor Bitmanagement, which requested hundreds of millions of dollars in damages.
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Technology & Marketing Law Blog
AUGUST 11, 2022
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. Price: $30 + shipping and tax. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought.
TorrentFreak
AUGUST 11, 2022
Few people need to be reminded of the massive success story attached to HBO’s hit TV series, Game of Thrones. Aside from massive viewing numbers, the fantasy drama generated headlines due to various piracy-related controversies, including leaked episodes and the setting of piracy records , with the latter responsible for a global surge in internet traffic.
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?
McKinsey Operations
AUGUST 11, 2022
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.
IP Watchdog
AUGUST 11, 2022
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 patent directed to a device for treating a uterus. The decision comes on remand from the U.S. Supreme Court, which vacated the 2020 ruling and returned it to the CAFC for further consideration of the Justices’ determination that the doctrine of assignor estoppel com
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IPilogue
AUGUST 11, 2022
Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. On June 16, 2022, the Canadian government tabled Bill C-27 “ An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts.
IP Watchdog
AUGUST 11, 2022
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. That, coupled with 67 terminations, suggests that either it’s the summer doldrums, or the Western District of Texas/Waco reshuffling order is having an immediate impact on filings, as would-be plaintiffs reassess venue choices—at least in the short term.
IP Law 360
AUGUST 11, 2022
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.
The IP Law Blog
AUGUST 11, 2022
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? The Federal Circuit recently addressed this issue in Thaler v. Vidal. With the advances in AI technologies, AI systems create drugs, treatments, designs, and more.
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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.
Velocity of Content
AUGUST 11, 2022
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. Inconsistent and disparate business models and methods of content procurement add to the challenges for emerging research, life science, and biotech organizations that often don’t have staff dedicated to the effort.
JD Supra Law
AUGUST 11, 2022
The US Court of Appeals for the Federal Circuit affirmed on August 5 that only a natural person—not an artificial intelligence system—can be an inventor.
The TTABlog
AUGUST 11, 2022
Last week, the TTAB ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Results will be found in the first comment. In re Eric Fessell , Serial No. 90263552 (August 4, 2022) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Mere descriptiveness refusal of MOTHER NATURE for books featuring a fictional hero, namely, Mother Nature (class 16); clothing (Class 25); and videos and animations of the fictional charac
43(B)log
AUGUST 11, 2022
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. Very much a debate in the literature: Sapir-Whorf v. debunkers. “Thinking like a lawyer”: you become adept at thinking in certain ways and language is a part of that.
IAM Magazine
AUGUST 11, 2022
The Swedish company has been a prolific filer in a country whose judicial processes strongly favour plaintiffs
McKinsey Operations
AUGUST 11, 2022
Ares Management’s first global chief diversity, equity, and inclusion officer is building the company’s DEI strategy from the ground up. Here’s how she’s doing it.
IP Law 360
AUGUST 11, 2022
A Texas church's unauthorized rendition of the Tony award-winning musical "Hamilton" this month is likely not covered by a provision of U.S. copyright law that exempts churches from facing potential litigation for performing copyrighted works during religious services, legal experts say.
McKinsey Operations
AUGUST 11, 2022
Providers play an important role in addressing social determinants of health for patients and employees. While most understand this imperative, more coordination is likely needed to scale efforts and impact.
IP Law 360
AUGUST 11, 2022
The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.
Copyright Alliance
AUGUST 11, 2022
There Are Numerous Factors That Every Respondent Should Consider When Deciding Whether to Participate in a CCB Proceeding. A few weeks ago, we published a blog post discussing the 15 […]. The post To Opt Out or Not to Opt Out, That is the Question … for Respondents appeared first on Copyright Alliance.
IP Law 360
AUGUST 11, 2022
Tesla will tell a California federal judge next week that an employment agreement now warrants arbitration of its trade secrets case against an engineer who helped develop a supercomputer powering the company's self-driving cars. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
JD Supra Law
AUGUST 11, 2022
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. The Court found that amassing patents by itself is not enough to give rise to an antitrust claim, and that the welfare benefit plans would need to prove that the patents were invalid.
IP Law 360
AUGUST 11, 2022
A Manhattan federal judge declined Thursday to hold a group of cryptocurrency sellers in contempt for supposedly violating a court order in their trademark dispute with the moderator of a Reddit forum, but warned that she will "expect more going forward.
McKinsey Operations
AUGUST 11, 2022
New satellite internet concepts are moving ahead. Are some types of companies better positioned to succeed in this growing market than others?
IP Law 360
AUGUST 11, 2022
Two strip clubs and a nightclub in Georgia have been hit with lawsuits by a number of well-known models, including two Playboy Playmates, over allegations that the club owners are using their photos to promote their respective clubs without the models' knowledge or consent.
Patently-O
AUGUST 11, 2022
by Dennis Crouch. Every year, law schools advertise open faculty positions via a Faculty Appointments Register sponsored by the American Association of Law Schools (AALS). This year’s list was just released, and lots of schools are looking to hire patent and IP professors. The list includes: Akron, American University, Barry University, Baylor, Chicago-Kent, Drake, Duquesne, Florida A&M, GWU, Hawaii, Louisville, New England, New York Law School, Northern Kentucky, Oklahoma, Ole’
JD Supra Law
AUGUST 11, 2022
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. 1970), held that where a prior art reference includes an obvious error of a typographical or similar nature that would be apparent to a POSA who would mentally disregard the errant information as a misprint or mentally substitute it for the correct information, the errant information does not constitute an invalidating disclosure.
LexBlog IP
AUGUST 11, 2022
Obviousness-type double patenting (“ODP”) is a judicially-created doctrine [1] intended to prevent the unjustified extension of the right to exclude granted by a patent. [2] See In re Hubbell , 709 F.3d 1140, 1145 (Fed. Cir. 2013). The Court of Appeals for the Federal Circuit (“CAFC”) has addressed the applicability of ODP several times in the last decade, but ODP finds its roots in decisions from the CAFC’s predecessor, the Court of Customs and Patent Appeals (R
JD Supra Law
AUGUST 11, 2022
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). KTIPS is an intensive, two-day patent strategy and protection seminar designed to provide insightful and in-depth training related to current developments in patent law, and how those impact patent procurement and enforcement strategies.
Likelihood of Confusion
AUGUST 11, 2022
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™.
JD Supra Law
AUGUST 11, 2022
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.
IP Law 360
AUGUST 11, 2022
Wilson Sonsini Goodrich & Rosati PC has added a veteran patent lawyer to its Boulder, Colorado, office, as the Silicon Valley-based firm looks to dramatically expand its footprint in the Centennial State and serve its growing life sciences and technology sectors.
JD Supra Law
AUGUST 11, 2022
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.”.
LexBlog IP
AUGUST 11, 2022
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? The Federal Circuit recently addressed this issue in Thaler v. Vidal. With the advances in AI technologies, AI systems create drugs, treatments, designs, and more.
JD Supra Law
AUGUST 11, 2022
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. David provides technical and practical insight into the application process starting with an inventor’s abstract idea, and ending with a formal patent application.
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