Thu.Feb 15, 2024

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3 New Copyright Claims Board Decisions

Plagiarism Today

The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.

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Community Partner Spotlight: The Ella Project

Copyright Alliance

Today, we turn the spotlight over to one of our community partners, The Ella Project. They are dedicated to providing “pro bono legal assistance, arts business services, and advocacy to […] The post Community Partner Spotlight: The Ella Project appeared first on Copyright Alliance.

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3 Count: Out of The Box

Plagiarism Today

Roddy Rich beats lawsuit over The Box, Choreographer settles Fortnite case and MLC sues Pandora over allegedly unpaid royalties. The post 3 Count: Out of The Box appeared first on Plagiarism Today.

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Can You Smell What The Rock is Trademarking? A Look at IP Protection

Greenspoon Marder LLP

By: Monifa Hall, Esq. In the ever-evolving landscape of entertainment and entrepreneurship, one man has stood out as an icon of success: Dwayne “The Rock” Johnson. Beyond his towering presence in the wrestling ring and his blockbuster performances on the silver screen, Johnson has demonstrated savvy business acumen. His recent acquisition of full ownership rights to “The Rock” trademark serves […] The post Can You Smell What The Rock is Trademarking?

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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SpicyIP Tidbit: CGPDTM Launches Open House Helpdesk Portal

SpicyIP

Image from here In a welcome development, the office of Controller General of Patents, Designs and Trade Marks (CGPDTM) launched the Open House Helpdesk Portal on February 14, to “provide swift and effective resolution to the queries and grievances of applicants and stakeholders” on a plethora of issues. Registering oneself with the portal seems pretty straightforward where a person has to put in their name, email id, and mobile phone number.

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Justices To Argue IP Case That Could Cap Copyright Payouts

IP Law 360

Payouts in copyright disputes could be capped to three years from the date of alleged infringement or go back much further after the U.S. Supreme Court considers the long-lingering question of whether the statute of limitations on copyright restricts damages.

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Marketing Co. Asks Justices To Hear 'Impossible' TM Row

IP Law 360

Illinois-based marketing consulting firm Impossible X LLC has asked the U.S. Supreme Court to review a decision from a divided Ninth Circuit that revived plant-based burger maker Impossible Foods Inc.'s trademark lawsuit against it.

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AI Ads & Deepfake Celebs & Misleading Claims, Oh My! – United States

JD Supra Law

The explosion of artificial intelligence (AI) offerings and integrations in recent years has sent sepia-toned twentieth-century legal doctrines scrambling to keep up with decidedly technicolor twenty-first century technology. As more and more companies and consumers continue down the yellow brick road of using AI to buy and sell products and services, 2024 is set to be a year in which advertising law comes to the forefront to address the dramatic increase in false and misleading commercial.

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VLSI Asks Fed. Circ. To Halt Trial On Intel License Defense

IP Law 360

VLSI urged the Federal Circuit on Thursday to block a California federal court from holding a trial solely on Intel's argument that it has a license to VLSI's patents after Intel was cleared of infringement, saying the court has acted "in clear excess of its jurisdiction.

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It’s fun to stay at the U-N-T-A!

Likelihood of Confusion

Last year there was much Strum und Drang here about INTA — sorry, I mean The I-N-T-A!, which stands for International Trademark Association! now there’s some INTA branding wisdom for ya — annual meeting. In a series of blog posts (here and here and here), I asked what I thought, consonant with my characteristic self-importance, were […] The post It’s fun to stay at the U-N-T-A!

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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.

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TTABlog Test: Is FOOTWARE Merely Descriptive of Footwear with Integrated Technology?

The TTABlog

San Antonio Shoe, Inc. opposed Nike's application to register the proposed mark FOOTWARE for goods and service in classes 9, 38, and 42, all related to sensor and communication software, hardware, and services. Nike did not deny that "the FOOTWARE platform may be incorporated into a shoe," but it pointed out that the identification of goods and services makes no mention of shoes or footwear.

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USPTO: AI Use in Invention Process Does Not Foreclose Patentability

JD Supra Law

In accordance with an executive order on the use of artificial intelligence (“AI”), the United States Patent and Trademark Office (“USPTO”) published guidance on February 13, 2024, that explained that a human can obtain a patent even in instances where “an AI system—like other tools—could perform acts that, if performed by a human, could constitute inventorship under [United States] laws.”.

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Intellectual Property Group Of The Year: Irell

IP Law 360

Irell & Manella LLP helped VLSI win a nearly $949 million verdict against Intel Corp. for infringing a patent for microchip technology, and represented Netlist in its win where a jury said Samsung owes $303 million for willfully infringing five flash memory patents, earning the firm a spot among Law360's 2023 Intellectual Property Groups of the Year.

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2023 Design Patents Year in Review: Analysis & Trends: Global Design Law and Policy: Gains and Setbacks in Protecting Digital and Virtual Designs

JD Supra Law

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. In general the changes bend toward greater alignment and the emergence of international norms. 2023 saw the near-completion of global adoption of partial design practice (China and Brazil are now there, Australia nearly so).

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Law School Amici Urge SCOTUS to Grant Kroger Petition on Trademark Confusion and Resolve Circuit Conflict

IP Watchdog

Three law school faculty and students filed an amicus brief earlier this week urging the U.S. Supreme Court to reverse a trademark decision of the U.S. Court of Appeals for the Seventh Circuit regarding the legal standard for trademark confusion. The brief asks the Court to “end the contradiction and confusion” around the different approaches taken to the likelihood of confusion analysis by federal courts.

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Federal Circuit Affirms Dismissal of Patent Claims Directed to Pixel Animation as Ineligible Subject Matter Under 35 U.S.C. § 101

JD Supra Law

The Federal Circuit recently affirmed a Rule 12(b)(6) dismissal of patent claims directed to changing the position of components in an image to create the appearance of movement, i.e., animation. The court agreed that the claims are patent ineligible under 35 U.S.C. § 101 because they perform digital animation, an abstract idea, without including any technological improvement to computer functionality.

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Protecting Your Brand: How to Remove Counterfeits from X (formerly Twitter)

Corsearch

X (formerly Twitter) is one of the most popular social media platforms for businesses and individuals, with around 335 million monthly active users worldwide. Allowing brands to connect with their consumers and establish a recognizable online presence, it is a crucial platform to reach audiences on a global scale. Unfortunately, this global reach and accessibility to a large audience also attracts bad actors looking to exploit the popularity and features of social media platforms.

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Celebrate Diversity in Intellectual Property 2024

JD Supra Law

Ladas & Parry LLP considers diversity and inclusion as core values and principles that provide access to opportunity, consolidation of expertise and range of perspectives and ensures excellence, particularly in the IP field. We salute those who have helped shape the world and would like to shine a light on these pioneers who sometimes receive little or no credit.

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Patent Filings Roundup: ‘DASH’ Streaming Patents Struck Down Under 101; Samsung IPRs Fall to Fintiv; IP Edge Affiliate Kicks Off New Campaign

IP Watchdog

It was an average week for patent filings at the Patent Trial and Appeal Board (PTAB) and an above-average week in district courts, with 72 district court complaints filed and 18 new PTAB petitions—one petition for Post Grant Review (PGR), and 17 for Inter Partes Review (IPR). At the PTAB, a number of challenges were filed, including two IPRs by Tesla challenging patents owned by Iqar Inc, four IPRs by Dish challenging patents owned by Entropic Communications LLC (associated with Fortress), two

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[Audio] Behaving Badly: OpenSky v. VLSI and Sanctions at the PTAB — Patents: Post-Grant Podcast

JD Supra Law

Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper Partner Andy Zappia and Counsel Bryan Smith analyze the sanctions order made public on February 6 in the OpenSky v. VLSI IPR proceeding. They explore how sanctions work at the PTAB, the types of conduct that could expose a party to sanctions, and best practices to avoid them.

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Managing IP EMEA Awards 2024: shortlists revealed

Managing IP

Managing IP will host a ceremony in London on April 11 to reveal the winners of the EMEA Awards 2024

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Bayer Covenants Not to Sue, Still Has Headache

JD Supra Law

Bayer's ‘053 patent on its drug Xarelto® expires in November 2024, and Bayer granted Mylan a covenant not to sue. Bayer has a second patent that is subject to a pediatric exclusivity that expires later - February 2025 - and Mylan concedes that the second patent blocks approval for its generic version of Xarelto® until that time.

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D. Mass Says They’re Both the Bad Art Friend

LexBlog IP

In October 2021, Robert Kolker published a longform feature in The New York Times Magazine with the title “ Who Is the Bad Art Friend? ” In his piece—which sparked widespread discussion online about the ethics of altruism, art, and friendship—Kolker describes a feud that erupted between two writer friends-turned-enemies, Dawn Perry Dorland and Sonya Larson.

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[Audio] Scott McKeown Discusses PTAB Trends and Growth of Wolf Greenfield’s Washington, DC Office

JD Supra Law

Scott McKeown is a shareholder in Wolf Greenfield’s Post-Grant Proceedings Practice. Based in the firm’s Washington, DC office, Scott focuses his practice on high-stakes matters before the US Patent Trial & Appeal Board, Court of Appeals for the Federal Circuit, and related patent litigation matters. Recognized as one of the top PTAB trial attorneys in the US, Scott is also a frequent speaker and author on various intellectual property topics and his award-winning blog can be followed at.

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Kirkland Fights Uphill To Get Atty's Info From 2 BigLaw Firms

IP Law 360

A California federal magistrate judge appeared skeptical Thursday of Kirkland & Ellis' bid to subpoena confidential personnel information from a former IP associate's prior employers Paul Hastings LLP and Fish & Richardson PC in Kirkland's defense against her discrimination suit, telling counsel the requests seem overbroad and "at best marginally relevant.

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[Video] Webinar | Federal Circuit 2023 Year in Review

JD Supra Law

In 2023, the U.S. Court of Appeals for the Federal Circuit issued a number of opinions that practitioners may have missed but nonetheless should familiarize themselves with, as they are likely to have major impacts on the practice of intellectual property law in 2024 and beyond. On Wednesday, February 14, please join attorneys Nitika Fiorella and John Dragseth for the webinar "Federal Circuit 2023 Year in Review.

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Ex-ArentFox Client Tentatively Denied Conflict Case Discovery

IP Law 360

A California state judge tentatively ruled on Thursday that government contractor Peraton Corp. cannot get discovery for ArentFox Schiff's work for a business rival around the time it represented Peraton, saying since the discovery bid relates to an arbitration provision in Peraton's retainer, what happened after it was inked isn't irrelevant.

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2023 ITC Section 337 Year in Review: Analysis & Trends: Introduction

JD Supra Law

Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants seeking relief from patent infringement litigation and other unfair acts. In 2023, the number of complaints filed in federal courts was down over previous years, and the ITC was no exception.

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Patenting with Artificial Inventors

LexBlog IP

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Court precedent and the United States Patent and Trademark Office (USPTO) guidelines have taken the place of written law to guide the USPTO in matters relating to AI. A notable example of this is Thaler v.

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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?

JD Supra Law

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law.

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Ex-DraftKings Exec Seeks Clarity On Fanatics Guardrails

IP Law 360

A former DraftKings Inc. executive has asked a Massachusetts federal court to clarify the type of work he can perform for competitor Fanatics Inc. while the legal fight with his previous employer plays out, warning that the court's current order is too restrictive.

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2023 PTAB Year in Review: Analysis & Trends: The Staying Power of Fintiv: The Effect of Parallel Litigation at the PTAB in 2023

JD Supra Law

In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise its discretion to institute an America Invents Act (AIA) trial when there is co-pending litigation—continued to grab headlines and spark controversy. It has, thus far, survived myriad efforts to curtail the PTAB’s discretion at institution.

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Fed. Circ. Gives New Life To 'Babies' Magic Tea' TM Dispute

IP Law 360

The Federal Circuit has thrown out a Trademark Trial and Appeal Board decision that had denied Baby Magic toiletries maker Naterra's bid to cancel a trademark owned by Samah Bensalem on Babies' Magic Tea for medicated tea for babies to treat colic and gas.

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Inventorship Guidance From the USPTO ?for AI-Assisted Inventions

JD Supra Law

On February 13, 2024, the USPTO posted Inventorship Guidance for AI-Assisted Inventions to the Federal Register to provide clarity for stakeholders and personnel. This guidance applies to all patents resulting from applications, filed before, on, or after February 13, 2024. The public may submit written comments to these guidelines, which must be received on or before May 13, 2024.

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CAFC Schools TTAB on Likelihood of Confusion Analysis

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on Thursday vacating the Trademark Trial and Appeal Board’s (TTAB’s) denial of a petition to cancel a trademark for a medicated tea product to treat colic in babies. Naterra International, Inc. petitioned the TTAB to cancel the mark BABIES’ MAGIC TEA based on likely confusion in the market with its own registrations for the mark BABY MAGIC, which cover “numerous toiletry goods.