3 Count: AI Dogpile
Plagiarism Today
MAY 9, 2024
Artists sue Nvidia and Databricks over AI training, Nintendo targets more Switch emulators and one major AI case to move forward. The post 3 Count: AI Dogpile appeared first on Plagiarism Today.
Thu.May 09, 2024
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The USPTO Needs to Investigate This Disturbing ‘Patent Examiner’ Reddit Thread
IP Watchdog
MAY 9, 2024
If you have done a search for just about anything using Google, you have no doubt at one time or another stumbled across Reddit, the self-described “home to thousands of communities, endless conversation, and authentic human connection.” Regardless of what you are interested in, there is a community and conversation to be found on Reddit. For those familiar with Reddit and the breadth of topics covered it probably comes as no real surprise that there is a patent examiner Reddit, which has some 4
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Eurovision’s Bizarre Plagiarism History
Plagiarism Today
MAY 9, 2024
Another year, another Eurovision plagiarism allegation. The annual show has a long history of plagiarism controversies, here's why. The post Eurovision’s Bizarre Plagiarism History appeared first on Plagiarism Today.
USPTO Proposes Controversial New Rule on Terminal Disclaimer Practice
IP Watchdog
MAY 9, 2024
The U.S. Patent and Trademark Office (USPTO) will officially publish a Notice of Proposed Rulemaking (NPRM) tomorrow that would change terminal disclaimer practice related to “non-statutory double patenting.” The judicially-created doctrine of “obviousness-type double patenting”(ODP) has become codified by the USPTO such that the Office will reject claims to more than one patent that vary in only minor ways from one another unless there is a promise by the patentee “not to extend the patent excl
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?
USPTO Says TM Applicants' Data Was Accidentally Leaked
IP Law 360
MAY 9, 2024
About 14,000 trademark applicants have been notified by the U.S. Patent and Trademark Office that some of their personal information had accidentally been released publicly, with the agency saying it happened over an eight-month period.
SCOTUS Rejects Three-Year Limit on Copyright Damages But Sidesteps Accrual Question
IP Watchdog
MAY 9, 2024
The U.S. Supreme Court today issued its decision in Warner Chappell Music v. Nealy, a case that asks whether a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit. The Justices ruled 6-3 that “the Copyright Act entitles a copyright owner to recover damages for any timely claim,” with no limit preventing recovery for infringement that happened beyond three years.
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Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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Wrong skillset for trademark registration (Best of 2016)
Likelihood of Confusion
MAY 9, 2024
Originally posted on April 28, 2016. John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that Preston’s proof of acquired distinctiveness under Section 2(f) was inadequate. In re National Presto Industries, Inc., Serial No. 85883551 […] The post Wrong skillset for trademark registration (Best of 2016) appeared first on LIKELIHOOD OF
New Piracy Blocking Order in Australia, Perhaps Congress Will Take a Look
TorrentFreak
MAY 9, 2024
After almost a decade of fine-tuning, including amendments to copyright law, the administration of Australia’s pirate site-blocking system looks organized and reliable. Applications for injunctions filed at Federal Court are usually headed by local movie company Village Roadshow, with the main beneficiaries the major Hollywood studios, Netflix, and more recently, Apple.
Top 10 Charitable Solicitation Registration FAQs from Nonprofits
Cogency Global
MAY 9, 2024
What this is : In the world of nonprofit corporations, much of the focus is on charitable organizations. These types of nonprofit organizations come up with many recurring questions, especially as they relate to fundraising and state charitable solicitation registration requirements nationwide. What this means : To help address some common areas of confusion, we’ve shared the top 10 nonprofit compliance questions regarding fundraising that we field the most.
Supreme Court Affirms Availability of Back-Damages Under Copyright Discovery Rule
Patently-O
MAY 9, 2024
By Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. Nealy , No. 22-1078, 601 U.S. (2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. In a 6-3 decision authored by Justice Kagan, the Court affirmed the Eleventh Circuit’s ruling, permitting recovery of damages for acts that occurred more than three years before the filing of the lawsuit under the “discovery accrual ru
IPO Diversity in Innovation Toolkit
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.
FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements
JD Supra Law
MAY 9, 2024
On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation imposes a nationwide and retroactive ban on non-compete clauses and also requires employers to notify their current and former employees to tell them that existing non-compete agreements are no longer effective.
Gaming Companies Want Cloudflare to Unmask Pirate Site Operator
TorrentFreak
MAY 9, 2024
The Entertainment Software Association ( ESA ) protects the rights of several of the largest game companies in the world. With promiment members, including EA, Disney Interactive, Epic Games, Nintendo, Take-Two, Ubisoft, and others, it is a force to be reckoned with. In addition to sending millions of takedown requests on behalf of its members, ESA also attempts to target pirate sites directly.
[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence Patents & Emerging Regulatory Laws
JD Supra Law
MAY 9, 2024
In this episode of Trending Now - An IP Podcast, Tom Bergert and Clint Brannon discuss considerations for AI patent applicants and investors in light of emerging AI state and federal regulatory laws.
BREAKING: Justices Say Copyright Damages Can Go Beyond 3 Years
IP Law 360
MAY 9, 2024
The U.S. Supreme Court concluded Thursday that plaintiffs in copyright ownership disputes can recover damages beyond the three-year statute of limitations for bringing a claim, rejecting Warner Chappell Music's argument that the only time that could happen is in cases involving fraud.
Fireworks Are Coming Before Independence Day
JD Supra Law
MAY 9, 2024
Mark your calendars for July 3—the date we will likely learn whether a Texas Court will enjoin the FTC Rule banning non-competes from taking effect on September 4. This week, Judge Ada Brown, the presiding judge in Ryan, LLC v. The Federal Trade Commission, issued a series of Orders that require all briefing on the request to stay/enjoin the FTC Rule to be completed by June 12.
Intersection of Intellectual Property Law and Competition Law with respect to Cross Licensing Agreements
IIPRD
MAY 9, 2024
Introduction The human mind is a marvel with an astonishing potential to transform ideas into practice and commercialize them in order to accrue benefits. This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator.
Federal Circuit Reiterates That an Alleged Infringer’s Intent Is Irrelevant in a Hatch-Waxman Safe Harbor Analysis
JD Supra Law
MAY 9, 2024
The Federal Circuit considered the relevance of an alleged infringer’s intent in a safe harbor analysis in Edwards Lifesciences Corp. v. Meril Life Scis. Pvt. The District Court had previously granted summary judgment that Meril’s importations of its two heart valves for a presentation at an industry conference were exempt from infringement under the safe harbor.
CAFC Affirms ITC View on Aggregation of Domestic Industry Costs for Disparate Patents
IP Watchdog
MAY 9, 2024
On May 8, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling in Zircon Corp. v. International Trade Commission affirming the U.S. International Trade Commission’s (ITC) ruling that Zircon Corp. had failed to meet the domestic industry requirement to prove a violation of 19 U.S.C. § 1337 due to Stanley Black & Decker’s alleged patent infringement.
[Podcast] Biotechnology, Chemical and Pharmaceutical: Supreme Showdown
JD Supra Law
MAY 9, 2024
In 2023, a lawsuit that had wound its way through the judicial system for nearly 10 years finally had its day in the U.S. Supreme Court – and made waves in the biotechnology, chemical and pharmaceutical communities. Our attorneys dissect the closely watched decision and how it impacts clients.
Fed. Circ. Wary Of Undoing Gilstrap's Toss Of Banking IP Suit
IP Law 360
MAY 9, 2024
The Federal Circuit didn't seem convinced Thursday morning that a patent case against online stockbroker TD Ameritrade had been wrongly tossed out of court, with a judge at one point telling banking patent owner Island Intellectual Property that "this is all abstract.
USPTO Provides Guidance on Using AI-Based Tools in Filing and Preparing Patent and Trademark Applications
JD Supra Law
MAY 9, 2024
On April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published new guidance on the use of artificial intelligence (AI) based tools in connection with preparing and prosecuting patent and trademark applications, and other filings before the USPTO. The guidance covers how use of AI interacts with patent and trademark practitioners’ duties and obligations before the USPTO in various contexts.
AI-Created Database Isn't Copyrightable, Job Search Co. Says
IP Law 360
MAY 9, 2024
Job searching platform Tarta.ai has urged a California federal judge to toss a suit accusing it of stealing rival Jobiak LLC's automated database and using it for its own job postings, arguing that Jobiak's website is not subject to copyright protection because it's powered by artificial intelligence.
Amazon APEX Complaints Convey Personal Jurisdiction in Amazon Seller’s Forum
JD Supra Law
MAY 9, 2024
Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of the registration and show where a seller is using it without permission.
Fed. Circ. Lifts Ban On Generic Cos.' Bladder Drugs
IP Law 360
MAY 9, 2024
The Federal Circuit on Thursday rejected Astellas Pharma's latest effort to stop the launch of generic drugs that would compete with its own blockbuster overactive bladder medication and lifted a temporary ban that was put in place by the appeals court in April.
Foreign Sales to Foreign Customers Are Not Actionable Under the Lanham Act
JD Supra Law
MAY 9, 2024
Issuing a revised opinion following the Supreme Court’s 2023 decision in Abitron Austria GmbH v. Hetronic Int’l, Inc., the US Court of Appeals for the Tenth Circuit determined that none of the defendant’s purely foreign sales to foreign customers can premise liability for the plaintiff’s Lanham Act claims and that any permanent injunction issued against the defendant cannot extend beyond qualifying domestic conduct.
Wisconsin Co., Hong Kong Biz To Drop Cup Holder IP Dispute
IP Law 360
MAY 9, 2024
A Wisconsin business and a Hong Kong furniture maker are looking to end their long-winding patent and trade dress dispute over cup holders, years after a jury handed the Badger State company a $100 million award that was later significantly reduced by the court.
How Close Are They? PTO Looking for “Significant Relationship” Between Sequential IPR Petitioners
JD Supra Law
MAY 9, 2024
Addressing the issue of whether to discretionally deny a petition for inter partes review (IPR) under the General Plastics factors when there is no “significant relationship” between the petitioners, the Director of the US Patent & Trademark Office (PTO) vacated the Patent Trial & Appeal Board’s decision denying institution. Videndum Prod. Sol., Inc. v.
Gilead Judge Clarifies But Won't Amend HIV Drug IP Judgment
IP Law 360
MAY 9, 2024
A Delaware federal judge on Thursday rejected Gilead Sciences' request to amend her judgment finding that two medications in its HIV prevention regimen, Truvada and Descovy, directly infringed the government's invalidated patents, but clarified her judgment to say that non-party patients or physicians committed the infringement.
In With the New? Not So Fast: The UPC’s First SEP Ruling Aligns With German Precedent
JD Supra Law
MAY 9, 2024
To date, the Unified Patent Court (UPC) has not held a trial involving standard-essential patents (SEPs). However, the new forum’s Mannheim Local Division has now authored its first SEP-specific order in a case between Panasonic and Xiaomi. The decision aligns with SEP precedent set in German courts by underscoring the significance of transparency in the context of SEP licensing negotiations.
Nintendo Gets Switch Suit Stay Pending Patent Review
IP Law 360
MAY 9, 2024
A Seattle federal judge agreed Thursday that Nintendo could pause an intellectual property suit against it while it seeks to challenge the validity of the patents at issue, saying the plaintiff could not now complain about delays since it took them six years to file their complaint.
Tattoo Toss-up - Artist’s Copyright Claims Fail Against NBA Video Game Publishers
JD Supra Law
MAY 9, 2024
Tattoos and copyright law have once again crossed paths, as an Ohio jury recently concluded that the creators of the NBA 2K series had an implied license to use an artist’s designs that he tattooed on LeBron James. Even before reaching the jury, however, the artist may have doomed his case simply by not properly registering the copyrights in his tattoo designs.
High Court Leaves Discovery Rule Question For Another Day
IP Law 360
MAY 9, 2024
The U.S. Supreme Court's majority opinion Thursday that plaintiffs in copyright ownership disputes can recover damages past the three-year statute of limitations could lead to an increase in claims for infringing acts that occurred decades before, while leaving uncertainty about whether the so-called discovery rule that widened the time window for claims even exists, according to attorneys.
Challenging The Design Patent Obviousness Test: LKQ v. GM En Banc Oral Argument
JD Supra Law
MAY 9, 2024
LKQ Corporation, Keystone Automotive v. GM Global Technology Operations LLC - As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. (collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co.
Lynk Labs Says Tech Group Is Samsung's 'Mouthpiece'
IP Law 360
MAY 9, 2024
Lynk Labs Inc. has asked the Federal Circuit to throw out a brief from the High Tech Inventors Alliance in support of Samsung in a case where the tech giant won a Patent Trial and Appeal Board challenge to a Lynk Labs LED patent.
It May Be a Hairy Situation, but Detailed Declaration Sufficient Evidence of Prior Use
JD Supra Law
MAY 9, 2024
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s refusal to register a mark, finding that an unchallenged, detailed declaration by the opposing company’s director sufficed as substantial evidence of prior use. Jalmar Araujo v. Framboise Holdings, Inc., Case No. 23-1142 (Fed. Cir. Apr. 30, 2024) (Lourie, Linn, Stoll, JJ.).
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