Patently-O

FEBRUARY 12, 2024

by Dennis Crouch The U.S. Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. The key takeaway here is that the USPTO believes that an AI-developed invention is patentable so long as a human satisfies the joint-inventorship standard of “significantly contributing to the inve

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The TTABlog

FEBRUARY 12, 2024

The USPTO refused to register the proposed mark MENSTRUATION CRUSTACEON for "Microwavable heating pads not for medical purposes," finding the mark to be primarily merely descriptive under Section 2(e)(1). Applicant argued, among other things, that "the rhyming, incongruous qualities of MENSTRUATION CRUSTACEAN" and its "humorous, rhyming cadence". "captures the consumer’s attention and identifies Applicant as the source of the goods.

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JD Supra Law

FEBRUARY 12, 2024

A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D did not dispute that she used Sedlik’s photo as a reference for a tattoo she performed on a friend. The jury decided that Kat Von D’s inked rendering of the jazz artist was not substantially similar to Sedlik’s portrait, and Sedlik’s portrait in social media posts was covered.

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IP Law 360

FEBRUARY 12, 2024

The U.S. Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution.

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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

JD Supra Law

FEBRUARY 12, 2024

Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California (where YouTube is located), and suing people from the United States and abroad. Their complaints typically allege copyright infringement by using their videos without a license.

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SpicyIP

FEBRUARY 12, 2024

On January 3, the Madras High Court passed an important decision clarifying the position on the jurisdiction of a court in hearing writ petitions against the Indian Patent Office’s order. Assessing this decision in light of the Delhi High Court’s judgement in Dr. Reddy’s Laboratories Limited & Anr v. The Controller of Patents , we are pleased to bring to you this post by Vishno Sudheendra.

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SpicyIP

FEBRUARY 12, 2024

Every year, a diverse community of over 40,000 music creators in India produces a remarkable 20,000 to 25,000 original songs! This sector contributes substantially to India’s revenue, accounting for over INR 12,000 crore, translating to approximately 6% of the entire Media and Entertainment industry. The country’s music publishing industry has grown significantly, reaching INR 845 crore during FY 2022-23.

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Velocity of Content

FEBRUARY 12, 2024

When Russian armed forces opened a full-scale invasion of Ukraine on February 24th, 2022, the ordinary lives of millions from Kyiv to Kharkiv were upended. Two years later, Ukrainians have earned the world’s admiration, not only for their courage on the battlefield, but also for their determination to maintain a functioning civil society. The Russian invasion targeted Ukrainian culture as much as the country’s infrastructure.

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IP Law 360

FEBRUARY 12, 2024

Apple has reached an agreement potentially resolving its claims that startup chipmaker Rivos poached engineers and directed them to steal the tech giant's trade secrets, telling a California federal judge the deal would allow Apple to conduct a forensic examination of Rivos' systems.

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TorrentFreak

FEBRUARY 12, 2024

While anti-piracy enforcement actions are likely to be at the highest level ever seen, there’s no shortage of sites and services surging to millions of monthly visits before appearing to attract negative attention. Piracy services slipping through the net may not have actually done so completely unnoticed, however. Finite anti-piracy resources or strategy may play a role in services staying online, and not every platform warrants immediate attention.

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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

IP Law 360

FEBRUARY 12, 2024

Fish & Richardson PC announced Monday it has kicked off a 140-attorney life sciences industry team led by principals Martina Hufnal and Todd Garcia.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” One sign is listening to Ted Nugent. (I trust you know who Ted Nugent is, even if the Fourth Circuit panel did not ).

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IP Law 360

FEBRUARY 12, 2024

A D.C. federal judge on Monday shot down suspended Circuit Judge Pauline Newman's request for an injunction that would allow her to hear cases on the Federal Circuit again and largely dismissed her suit accusing her colleagues of trying to wrongfully remove her from the bench.

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JD Supra Law

FEBRUARY 12, 2024

In this episode of Trending Now - An IP Podcast, Courtney Reigel and Carmelle Alipio provide an update on the state data privacy law regime in the U.S. as we start off the new year, including new laws passed by states in 2023 and laws that will take effect this year.

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IP and Legal Filings

FEBRUARY 12, 2024

Issue: Whether the assessments of the petitioners could be transferred to the Central Circle by way of the impugned orders passed under Section 127 of the Income Tax Act, 1961 (hereinafter be referred to as ‘the Act’) without sanction of the Central Board of Direct Taxes (‘CBDT’). Brief Facts The set of writ petitions involves five charitable trusts and three individuals, including Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi Vadra, as well as the political party Aam Aadmi Party (AAP).

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JD Supra Law

FEBRUARY 12, 2024

This Year in Review synthesizes key events and decisions from 2023 into a digestible guide that we hope will serve as a helpful reference for those who practice before, or adjacent to, the PTAB. As in the past, many of our articles follow a data-driven approach in order to sift out trends and to identify best practices for parties on both sides of the “v.

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The IPKat

FEBRUARY 12, 2024

This is a book review of the Research Handbook on Intellectual Property and Moral Rights , curated by Ysolde Gendreau (Université de Montréal, Canada), provided by Francesca Mazzi , Lecturer in AI, Innovation and Law at Brunel University London. Here’s what she has to say: They say don’t judge a book by its cover, but we are diving into the realm of intellectual property here.

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JD Supra Law

FEBRUARY 12, 2024

This month’s ITC wrap-up focuses on an initial determination in an investigation regarding constitutional standing, which is a requirement at the Commission as in federal court.

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The IPKat

FEBRUARY 12, 2024

After the German Supreme Court set a high bar for obtaining a website blocking order against Internet service providers in DNS-Sperre (IPKat here ), the Higher Regional Court of Cologne dealt with the question whether the provider of DNS resolver and CDN services can be liable for copyright infringement if it provides its services to the operators of websites with illegal content.

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JD Supra Law

FEBRUARY 12, 2024

A review of 2023 reveals it was an active and impactful year in shaping the policy and practice before the Patent Trial and Appeal Board (PTAB or Board) at the U.S. Patent and Trademark Office (USPTO). In fact, all three branches of the U.S. Government were actively addressing PTAB policy and practice. As it has for the past decade, the U.S. Court of Appeals for the Federal Circuit provided guidance on important issues that arise during PTAB trials, such as the appropriate scope of reply.

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Michael Geist

FEBRUARY 12, 2024

Bill C-26 , alternately described as a cyber-security, critical infrastructure or telecom bill, remains largely below the radar screen despite its serious implications for privacy, expression, and affordable network access. The bill is currently being studied at a House of Commons committee that seems more interested in partisan political gamesmanship rather than substantive hearings.

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JD Supra Law

FEBRUARY 12, 2024

2023 was another busy year for district court decisions! There were patent- and case-dispositive design patent decisions across a range of venues and at a range of case postures, including claim construction rulings, summary judgment decisions, and even multiple jury trials. We summarize below three of the most noteworthy of these decisions: Torvent LLC v.

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IP Watchdog

FEBRUARY 12, 2024

On February 12, the U.S. District Court for the District of Columbia denied a motion for preliminary injunction filed by Circuit Judge Pauline Newman, who has been at the center of a controversial inquiry into her current fitness to continue serving as a federal appellate judge. Despite acknowledging that all of the recent complaints against Judge Newman’s mental fitness continue to be unsubstantiated, the D.C. district court determined that most of Judge Newman’s requested relief was foreclosed

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JD Supra Law

FEBRUARY 12, 2024

Case Name: Norwich Pharms., Inc. v. Becerra, Civ. No. 23-1611 (RDM), 2023 WL 7174558 (D.D.C. Nov. 1, 2023) (Moss, J.) - Drug Product and Patent(s)-in-Suit: Xifaxan® (rifaximin); U.S. Patents Nos. 7,612,199 (“the ’199 patent”), 7,902,206 (“the ’206 patents”) (together, the ’199 and ’206 patents are referred to as the “Polymorph Patents”), 8,642,573 (“the ’573 patent”), 9,421,195 (“the ’195 patent”), 10,335,397 (“the ’397 patents”) (together, the ’573, ’195, and ’397 patents are referred to as the

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IP Watchdog

FEBRUARY 12, 2024

The U.S. Patent and Trademark Office (USPTO) today released guidance for determining inventorship of artificial intelligence (AI)-assisted inventions. As the Office has previously stated, the guidance clarifies that “while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity.

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JD Supra Law

FEBRUARY 12, 2024

The U.S. patent system is based upon a quid pro quo balance that incentivizes innovation via a time-limited patent exclusivity, while encouraging the dissemination of new ideas for public benefit and use upon expiration of the patented innovation. However, for some innovative technologies, such as personalized medicine, diagnostics, and artificial intelligence (AI), case law developed within the past decade has made obtaining patent protection increasingly difficult.

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The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property. Here's what Seun says: Copyright as Movable Property: Constitutional Issues with Nigeria’s Copyright Act 2022 by Seun Lari-Williams Section 30 (1) of

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JD Supra Law

FEBRUARY 12, 2024

The new year has brought a wave of activity for EYLEA® (aflibercept) biosimilars. Following up on our previous report (EYLEA® (aflibercept) and Soliris® (eculizumab) IPR and BPCIA Litigation Updates, December 31, 2023), in this report we provide an update of recent Inter Partes review (“IPR”) Final Written Decisions (“FWDs”) and BPCIA litigations related to EYLEA®.

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TorrentFreak

FEBRUARY 12, 2024

Despite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide. New data released by UK-based piracy tracking company MUSO shows that pirate sites remain very relevant. And people have no trouble finding them either. 229 Billion Pirate Site Visits A few weeks ago it was revealed that video piracy continued to grow in 2023.

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JD Supra Law

FEBRUARY 12, 2024

As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item.

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IP Law 360

FEBRUARY 12, 2024

Google has once again asked a California federal judge to throw out, for good this time, a proposed class action claiming it steals private and copyrighted information from Americans to train its artificial intelligence chatbot, arguing consumers "have only made things worse" in the latest version of their complaint.

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JD Supra Law

FEBRUARY 12, 2024

Last year, the New York Knicks initiated formal legal proceedings against the Toronto Raptors and several affiliated coaches, alleging the illicit procurement of sensitive materials. The Knicks claimed that Ikechukwu Azotam, currently serving as the head of video and assistant player development coach for the Raptors, unlawfully obtained proprietary materials during his tenure with the Knicks from 2020 to 2023.

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IP Law 360

FEBRUARY 12, 2024

The Build-A-Bear Workshop toy company and Kelly Toys Holdings filed competing federal lawsuits against each other Monday, with Build-A-Bear seeking a judgment in Missouri that its Skoosherz stuffed toys do not infringe trade dress rights claimed by Kelly's popular Squishmallows, while Kelly Toys' California suit alleges trade dress and copyright infringement.

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JD Supra Law

FEBRUARY 12, 2024

The United States Patent and Trademark Office (USPTO) has just issued a Notice of Allowance for your invention embodied in the Utility Patent Application (UPA) you filed years ago. Your initial reaction may be, ‘Finally! The wait was worth it.”.

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LexBlog IP

FEBRUARY 12, 2024

Introduction The UAE has recently taken a groundbreaking step in mental health care with the implementation of Federal Law No. 10/2023 on Mental Health. The Mental Health Law prioritizes the rights of individuals struggling with mental health conditions and establishes a structured framework for their assessment, treatment, and care. Overview and Key Definitions The introduction of the new Mental Health Law in the UAE marks a significant turning point, emphasizing a commitment to prioritize the

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