Erik K Pelton
FEBRUARY 13, 2024
Celebrating our 25th year with 25 trademark application tips. Protect your brand with trademark registration and schedule a free initial consultation with one of our experienced attorneys: [link] The post 25 Trademark Application Tips appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with 25 trademark application tips.
Intellectual Property Law Blog
FEBRUARY 13, 2024
In Medronic, Inc. v. Teleflex Life Sciences Limited, 2022-1721, 2022-1722 (Fed. Cir. Nov. 16, 2023) , the Federal Circuit considered whether U.S. Patent RE46,116 (“the ’116 patent”) was entitled to an alleged priority date sufficient to moot Medtronic’s asserted pre-AIA §102(e) prior art reference, which depended on whether Medtronic had waived its challenged to Teleflex’s asserted priority date by attempting to incorporate those arguments by reference in its Inter Partes Review (“IPR”) petition
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TorrentFreak
FEBRUARY 13, 2024
In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and even the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component.
Intellectual Property Law Blog
FEBRUARY 13, 2024
RAI Strategic Holdings, Inc. v. Phillip Morris Products S.A. , No. 2022-1862 (Fed. Cir. February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection.
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
FEBRUARY 13, 2024
On January 10, 2024, the National Collegiate Athletic Association’s (NCAA) Division I Council unanimously adopted a proposal for stricter student-athlete protections related to name, image, and likeness (NIL) rules.
IP Watchdog
FEBRUARY 13, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) today said in a precedential decision that the U.S. Patent and Trademark Office (USPTO) did not need to engage in notice-and-comment rulemaking to require trademark applicants and registrants to provide a physical street address with their trademark applications. The court took the case as an opportunity to directly address “when a rule is procedural and excepted from notice-and-comment rulemaking as a ‘rule[] of agency organization, proce
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Christopher Roser
FEBRUARY 13, 2024
This post continues my series on how I try to understand an unfamiliar shop floor. In the last post I talked about how to see visual management, 5S, and waste. These are usually easy to see. This post continues with unevenness, overburden, and safety, which are usually harder to observe. Unevenness Unevenness, or in Japanese. Read more The post Different Aspects of Seeing a Shop Floor—Unevenness, Overburden, and Safety first appeared on AllAboutLean.com.
JD Supra Law
FEBRUARY 13, 2024
On February 6, 2024, the Federal Trade Commission (“FTC”) commented in support of what would be a historic expansion of government march-in rights under the Bayh-Dole Act in response to the release of the National Institute of Standards and Technology’s (NIST’s) Draft Guidance Framework for Considering the Exercise of March-In Rights (Proposed Framework) in early December 2023.
The IPKat
FEBRUARY 13, 2024
The updated EPO Guidelines for Examination will enter into force on 1 March 2024. A draft version of the Guidelines can be previewed here. The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). There are also updates on the sufficiency requirements for AI inventions, ways to define antibodies and acceleration of opposition proceedings in cases pending before
JD Supra Law
FEBRUARY 13, 2024
There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, released a memo regarding the Office’s stance on filings that are drafted, at least in part, using artificial intelligence.
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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.
IP Law 360
FEBRUARY 13, 2024
A Delaware federal judge has dismissed 10 of the originally asserted 14 patents in pharmaceutical company Mallinckrodt's claims against a French industrial gas company over a generic version of its pediatric breathing disorder treatment, as Mallinckrodt filed an amended complaint adding two additional patents to the suit.
JD Supra Law
FEBRUARY 13, 2024
A frequent pain point in the realm of patents is being unable to find pertinent patent publications quickly and efficiently. In an attempt to provide the public with better search tools, the United States Patent and Trademark Office (USPTO) released the web-based Patent Public Search tool ("PPS") in late 2021.
Biswajit Sarkar Copyright Blog
FEBRUARY 13, 2024
Saraswati Puja, an esteemed Hindu festival, pays homage to Goddess Saraswati, the divine embodiment of knowledge, wisdom, art, music, and learning. Revered across India and Nepal, particularly in the states of West Bengal, Bihar, Odisha, and Assam, this sacred observance typically graces the calendar in January or February, aligning with the propitious occasion of Basant Panchami during the lunar month of Magha.
JD Supra Law
FEBRUARY 13, 2024
The Federal Circuit has affirmed a lower court decision that patent claims for methods and systems for improving how search results are displayed to users are patent-ineligible. The case is IBM Corp. v. Zillow Group, Inc.
IP Law 360
FEBRUARY 13, 2024
A California federal judge dismissed the bulk of two proposed copyright class actions against ChatGPT creator OpenAI Inc. while giving two putative classes led by comedian Sarah Sliverman and author Paul G. Tremblay a chance to cure deficiencies in their pleadings in some instances.
JD Supra Law
FEBRUARY 13, 2024
On February 12, 2024, the United States Patent and Trademark Office (USPTO) issued guidance clarifying the role of artificial intelligence (AI) in the inventorship of patents. The document exhibits a nuanced approach to the evolving interplay between AI technologies and intellectual property rights.
IP Watchdog
FEBRUARY 13, 2024
Arnold & Porter is seeking an Engineering Patent Agent for the Intellectual Property practice group. This position is full-time and permanent, and may be located in the following offices: Boston, Chicago, Denver, Houston, Los Angeles, New York, San Francisco, Silicon Valley, or Washington DC. The Patent Agent works with Patent Attorneys to secure patents by preparing, filing, and prosecuting applications involving new inventions with the U.S.
JD Supra Law
FEBRUARY 13, 2024
The new EU AI Act contains provisions that reach beyond EU borders that could conflict with US copyright law, among others, when proprietary datasets are used for AI training. Therefore, US companies doing business in Europe will want to be aware of the adoption of the EU AI Act and its implementing regulations to avoid issues with their business models in Europe.
LexBlog IP
FEBRUARY 13, 2024
In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC , 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not infringe a trademark of Punchbowl Inc. (“Punchbowl”), a greeting card and event invitation company. The Ninth Circuit reasoned that after Jack Daniels the Lanham Act no longer shields Defendants from liability for using a trademark as a source identifier s
JD Supra Law
FEBRUARY 13, 2024
On February 6, 2024, the USPTO weighed in with guidance for practitioners using—or considering using—AI in preparing submissions to the USPTO. In essence, Director Kathi Vidal has reminded practitioners that they must sign their submissions, that the signature constitutes a certification of its accuracy, and that the signers are therefore responsible for the accuracy of those submissions, including anything AI-generated.
IP Law 360
FEBRUARY 13, 2024
A Florida federal judge has granted Wyndham Vacation Ownership Inc. a default victory in its lawsuit accusing multiple companies of levying unnecessary fees to help customers exit their timeshares, after adopting a magistrate's report and recommendation when one company failed to respond.
JD Supra Law
FEBRUARY 13, 2024
Last year, the USPTO ruled that an artificial intelligence (AI) cannot be listed as an inventor on a patent application. See USPTO Says AI Machine Cannot Qualify as an Inventor (e.g., “Robert Bahr, Deputy Commissioner for Patent Examination Policy, notes that the patent statutes preclude construing “inventor” to cover machines because Title 35 of the United States Code consistently refers to inventors at natural persons.”).
IP Law 360
FEBRUARY 13, 2024
Latham & Watkins LLP should be handed a default win against an unknown scammer it accused of registering dozens of domain names to impersonate the firm and one of its attorneys in an attempt to defraud clients, a federal magistrate judge in Virginia recommended Tuesday, determining the firm has a protectable interest in a valid trademark.
JD Supra Law
FEBRUARY 13, 2024
On February 8, in Weber, Inc. v. Provisur Technologies, Inc., the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB) and held that Weber’s operating manuals are prior art printed publications despite their limited distribution and distribution subject to confidentiality restrictions based on the operating manuals being sufficiently accessible to the public interested in the art.
IP Law 360
FEBRUARY 13, 2024
The Fourth Circuit on Tuesday overturned the enforcement of a $12.5 million arbitral award issued in a trade secrets dispute between wireless technology companies, ruling in a published opinion that the lower court lacked jurisdiction under the U.S. Supreme Court's 2022 decision in Badgerow v. Walters.
JD Supra Law
FEBRUARY 13, 2024
As artificial intelligence (AI) continues to be increasingly utilized in a wide variety of both business and consumer applications, a plethora of legal questions are being raised. Many of these questions revolve around how the integration of AI will affect liability allocations in situations where the AI’s “judgment” was relied upon to perform a task that traditionally involved the use of only human judgment.
IP Law 360
FEBRUARY 13, 2024
A Delaware federal judge again refused Tuesday to upend BASF's $85 million jury win over Ingevity's locking up of the automobile carbon capture technology market, concluding that "substantial evidence" backs the antitrust findings.
JD Supra Law
FEBRUARY 13, 2024
On July 24, 2023, the United States Patent and Trademark Office (USPTO or Office) promulgated a revised interim process for Director Review of Patent Trial and Appeal Board (PTAB or Board) decisions in proceedings under the America Invents Act (AIA).1 The revised interim process follows stakeholder input received in 2022 in response to a Request for Comments on Director Review via the Precedential Opinion Panel (POP) and on pre-issuance internal circulation and review of Board decisions.
IP Law 360
FEBRUARY 13, 2024
The Federal Circuit has backed a decision from the Trademark Trial and Appeal Board to not register the law firm Chestek Legal's name as a trademark, agreeing with a finding that the firm didn't meet a legal requirement relating to addresses.
JD Supra Law
FEBRUARY 13, 2024
Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough questions on the foundations of the standard for design patent obviousness under Rosen/Durling. Though the questions were wide-ranging, the overall takeaway from the full court’s questioning indicates discomfort with Rosen/Durling and signals that the existing standard.
IP Law 360
FEBRUARY 13, 2024
A California federal judge granted Rocket Resume's request to withdraw Alston & Bird LLP as its counsel in a copyright suit against Bold Ltd., which had previously asked to disqualify the firm over its past legal work for Bold.
JD Supra Law
FEBRUARY 13, 2024
The US Patent and Trademark Office (USPTO) has released comprehensive guidance on inventorship for artificial intelligence (AI)-assisted inventions. This guidance, instigated by the executive order Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence from October 2023, establishes clear criteria for determining human contributions to AI-assisted inventions, emphasizing the essential role of natural persons in the patent process.
IP Law 360
FEBRUARY 13, 2024
Fortnite developer Epic Games and a celebrity choreographer have agreed to end their dispute over whether the company ripped off portions of a copyrighted dance routine for one of the "emotes" players buy for in-game battle celebrations, according to a filing in California federal court.
JD Supra Law
FEBRUARY 13, 2024
In Xerox Corp. v. Bytemark, Inc., the Director of the U.S. Patent and Trademark Office made precedential a prior decision of the Patent Trial and Appeal Board (the Board) over when an expert declaration from an inter partes review (IPR) should be afforded little weight. In particular, the Board held that Xerox’s declaration should be discounted because it merely offered conclusory assertions without underlying factual support and repeated, verbatim, the petition’s conclusory arguments.
IP Law 360
FEBRUARY 13, 2024
A North Carolina federal judge has given local security company CPI Security Systems Inc. about $8.6 million in prejudgment interest in a suit against smart home software company Vivint Smart Home Inc. over allegedly deceptive marketing tactics.
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