Intellectual Property Law Blog

APRIL 27, 2023

Use of AI technology can impact your rights and liabilities in ways that may not even occur to you. And whether you are aware of it or not, your employees and vendors may be using generative AI tools in the performance of their duties in ways that can significantly impact you. The FTC has made clear that ignorance is not bliss when it comes to your liability associated with use of these tools.

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Plagiarism Today

APRIL 27, 2023

New textbooks distributed by the Bolivian Ministry of Education feature plagiarized drawings on the cover. Here's what's next. The post A Literal Case of Textbook Plagiarism appeared first on Plagiarism Today.

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Plagiarism 232

TorrentFreak

APRIL 27, 2023

Two years ago, the Motion Picture Association (MPA) reported the Portuguese streaming site MrPiracy to the U.S. Trade Representative. The Hollywood anti-piracy group described the site as a notorious pirate operation that should be dealt with accordingly. Whether this diplomatic lobbying effort had a direct effect is not clear, but MrPiracy.top shut down a few weeks later.

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Plagiarism Today

APRIL 27, 2023

Ghostwriter drops AI Bad Bunny track, Bollywood film faces major leaks and Portuguese pirate site shutters abruptly. The post 3 Count: Ghost Non-Writer appeared first on Plagiarism Today.

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Plagiarism Copyright 163

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

Michael Geist

APRIL 27, 2023

The long legislative road of Bill C-11 comes to an end later today as nearly 2 1/2 years after the original Bill C-10 was first tabled in the House of Commons by then-Heritage Minister Steven Guilbeault, the Senate will vote to approve the bill. I’ve been asked repeatedly this week about what now lies ahead, but I think it is worth one more look back.

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Government Privacy Copyright Law 142

McKinsey Operations

APRIL 27, 2023

Mambu co-founder Eugene Danilkis talks about how banks can approach core technology transformation and keep up with the fast pace of change, then offers his take on the future of human interaction.

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Technology 137

JD Supra Law

APRIL 27, 2023

On April 21, the United States Patent and Trademark Office issued advance notice of proposed rulemaking concerning changes to America Invents Act proceedings before the Patent Trial and Appeal Board. Most of the changes under consideration relate to the PTAB’s discretion to deny institution of AIA proceedings, with additional changes addressing petition word count limits, settlement practices, and other issues.

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The IP Law Blog

APRIL 27, 2023

An inter partes review (IPR) is a procedure in the Patent Trial and Appeal Board (PTAB) whereby a U.S. patent can be challenged in the Patent and Trademark Office (PTO). Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. An IPR is like a mini-trial, as the Board must make a decision within one year.

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JD Supra Law

APRIL 27, 2023

As previously reported, the Federal Court (FC) found that Teva would directly infringe but not induce infringement of certain claims of Canadian Patent No. 2,655,335 (335 patent) regarding its paliperidone palmitate product (Janssen’s INVEGA SUSTENNA) and that the claims were not obvious.

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Patent Reporting 101

IP Law 360

APRIL 27, 2023

Members of the U.S. House of Representatives' subcommittee on intellectual property told U.S. Patent and Trademark Office Director Kathi Vidal on Thursday that her attempts to shift policy are stepping into Congress' territory and are otherwise concerning.

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Intellectual Property Trademark Patent 93

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

JD Supra Law

APRIL 27, 2023

On January 26, 2023, the US Patent and Trademark Office (USPTO) conducted a public roundtable, during which various attorneys and industry experts discussed their thoughts on the intersection of patent law with non-fungible tokens (NFTs).

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Non-Fungible Tokens Patent Patent Law Trademark 98

The IPKat

APRIL 27, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the EU Commission’s recent proposal to codify visual disclaimers in EU design law. Here’s what Henning writes: The EU Commission’s proposal to codify visual disclaimers – a great leap for EU design law by Henning Hartwig On 28 November 2022, the European Commission adopted two proposals to modernise the legislation on design protection: a Proposal for a Regulation a

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Designs Design Law Intellectual Property 89

JD Supra Law

APRIL 27, 2023

Love it or hate it, artificial intelligence, and particularly ChatGPT, has flooded the news in recent months. Whether you are a lover or a hater of artificial intelligence, the frenzy around ChatGPT has brought with it the reality that artificial intelligence is no longer for use by a select few but a tool sure to become more prevalent in our everyday lives.

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IP 98

Patent Trademark Blog

APRIL 27, 2023

What does APEX stand for? Amazon sellers now have another avenue for enforcing utility patents. APEX stands for Amazon Patent Evaluation eXpress. As implied in its name, APEX is intended to be a quicker option for utility patent owners to enforce rights against product listings believed to be infringing. Need to enforce or defend a utility patent on Amazon?

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Branding Brands Branding Design Patent 89

JD Supra Law

APRIL 27, 2023

Case Name: Exelixis, Inc. v. MSN Labs. Private Ltd., No. 19-2017-RGA-SRF, 2023 WL 315614 (Consol.) (D. Del. Jan. 19, 2023) (Andrews, J.) - Drug Product and Patent(s)-in-Suit: Cabometyx® (cabozantinib (S)-malate); U.S. Patents Nos. 7,579,473 (“the ’473 patent”) and 8,877,776 (“the ’776 patent”).

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Patent 98

Cogency Global

APRIL 27, 2023

What this is : Incorporating a business in the US Virgin Islands (USVI) offers several benefits, such as lower taxes and a favorable business environment. In order to incorporate in the USVI, there are a few steps that need to be taken. What this means : We’ll help explain some basic things you should know, including how to r egister as a f oreign c orporation and a nnual f ranchise t ax and r eporting requirements.

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Velocity of Content

APRIL 27, 2023

As users demand more efficient and effective ways of working with standards, new business models are emerging. Digital transformation of the standards sector has massive potential for change, yet this effort can introduce new challenges, including how to address evolving intellectual property needs. The ISO/IEC SMART standards initiative , for example, has ramifications across the industry as it seeks to model the way forward.

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Business Intellectual Property Designs Design 82

IP Watchdog

APRIL 27, 2023

Today’s hearing of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet on Oversight of the U.S. Patent and Trademark Office (USPTO) demonstrated some confusion on the part of Congress about the intent of USPTO Director Kathi Vidal’s recent Advanced Notice of Proposed Rulemaking (ANPRM) on changes to Patent Trial and Appeal Board (PTAB) processes, and suggested the Subcommittee members believe she may be exceeding her authority.

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Intellectual Property IP Trademark Patent 75

JD Supra Law

APRIL 27, 2023

The US Court of Appeals for the Federal Circuit upheld the Trademark Trial & Appeal Board’s refusal to register a mark due to the “close similarity” between the applied-for mark and a previously registered mark. In Re: Charger Ventures LLC, Case No. 22-1094 (Fed. Cir. Apr. 13, 2023) (Prost, Reyna, Stark, JJ.).

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Trademark 79

IP Law 360

APRIL 27, 2023

An Australian music publishing company on Thursday was awarded nearly $771,000 by a California federal jury that found an American music publishing company and a composer breached their contracts by failing to indemnify the Australian company from New Zealand court rulings that determined a political party infringed an Eminem song's copyright.

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Music Contracts Publishing IP 75

The IPKat

APRIL 27, 2023

Never too late: in case you missed the IPKat last week Here’s what you missed from the IPKat last week. Copyright Former Guest Kat Jan Jacobi reported on a Dutch referral to the CJEU about Article 2(7) of the Berne Convention in connection with designer chairs, the issue being whether the scope of Art. 2(7) is a matter of EU law or the WIPO Performances and Phonograms Treaty.

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IP Law 360

APRIL 27, 2023

In one of its first-ever patent infringement cases against a private company, the federal government next week will argue before a Delaware jury that Gilead is making billions of dollars in sales from HIV treatments that allegedly violate government-owned patents. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Intellectual Property Government Patent Infringement IP 75

IP and Legal Filings

APRIL 27, 2023

In today’s globalized technologically savvy world, one should be acutely attentive to the implications of infringing the laws of India, especially regarding property Rights. Nobody could even slightly wonder that a cake shop will get a restraining order from the Delhi judiciary for using the name ‘Facebake’ or ‘Facecake’. The Bakery’s name and therefore the signage strongly resemble Facebooks’ official colours: blue-on-white color scheme and patterns which are usually related to the social media

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Trademark Social Media Intellectual Property Branding 59

IP Law 360

APRIL 27, 2023

Pop star Ed Sheeran pulled out a guitar and performed portions of his Grammy-winning song "Thinking Out Loud" to a Manhattan federal jury on Thursday, as part of a copyright trial over the track's alleged similarities to Marvin Gaye's "Let's Get It On.

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Copyright 75

JD Supra Law

APRIL 27, 2023

The US Court of Appeals for the Federal Circuit affirmed an International Trade Commission decision finding a § 337 violation. The Court concluded that the Commission correctly found that an open-ended claim was enabled since there was an inherent upper limit and correctly construed the term “a” to mean “one or more” in finding infringement. FS.com Inc. v.

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IP Law 360

APRIL 27, 2023

The Federal Circuit has partially vacated a Patent Trial and Appeal Board decision that Netflix had failed to show that claims in a DivX digital rights management patent were invalid, saying the PTAB needs to take another look.

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Patent 74

IP Tech Blog

APRIL 27, 2023

A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the Patent Trial and Appeal Board may be estopped from making prior art based challenges in a district court litigation. In Ironburg Inventions Ltd. v. Valve Corporation , the Federal Circuit has clarified that the patent owner, not the patent challenger, bears the burden of proof on estoppel.

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Art Litigation Patent Patent Infringement 57

IP Law 360

APRIL 27, 2023

The Dramatic Publishing Co. does not possess exclusive rights to perform amateur stage productions of Harper Lee's novel "To Kill A Mockingbird," a New York federal judge ruled on Thursday, opening the door for Aaron Sorkin's 2018 theatrical adaptation to go on the road.

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Publishing 73

WIPO Magazine

APRIL 27, 2023

New research from WIPO reveals that the gender gap in patenting is closing. However, progress hinges on scaling promising government policies and programs and concrete action to improve IP diversity within organizations.

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IP Government Patent 52

IP Law 360

APRIL 27, 2023

Pharmaceutical giant Merck & Co. Inc. paid $573 million to settle antitrust claims this month over allegations it conspired with Glenmark Pharmaceuticals to delay the launch of generic versions of the blockbuster cholesterol drug Zetia, according to first-quarter financial results released Thursday.

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LexBlog IP

APRIL 27, 2023

As of April 18, 2023, the U.S. Patent and Trademark Office (USPTO) only issues electronic patent grants (eGrants). eGrants are available as pdf files through Patent Center, the USPTO’s electronic patent application filing and management system. The electronic patent grant is the official statutory patent grant. To see a sample, click here. For all patents issued prior to April 18, 2023, the issued paper patent will still be the official statutory patent grant.

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Copying Patent Application Trademark Patent 52

IP Law 360

APRIL 27, 2023

As Fox News’ recent settlement with Dominion Voting Systems reiterates, the financial stakes of civil litigation have never been higher, and while attorneys can identify potential issues in a case using jury focus groups, they should be careful to avoid certain pitfalls, say Bill Kanasky Jr. and Steve Wood at Courtroom Sciences.

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Settlement Litigation 71

Corsearch

APRIL 27, 2023

As usage of AI chatbots continues to skyrocket, there are significant implications relating to consumer behaviour and how IP infringing content is accessed. In this blog, we ask: can AI chatbots be used to find pirate websites? ChatGPT has taken the world by storm. It has forced a rethink about the power of AI and its capability to gather and present accurate information.

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Copyright Infringement Technology Blogging Copyright 52

LexBlog IP

APRIL 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property Administration (commonly known as CNIPA ) and to highlight a few draft amendments to China’s Trademark Law issued by the CNIPA on 13 January 2023.

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JD Supra Law

APRIL 27, 2023

In Direct Biologics L.L.C. v. McQueen, et al., the U.S. Court of Appeals for the Fifth Circuit vacated a lower court’s dismissal of a trade secret and restrictive covenants suit, but nonetheless stressed the need for movants seeking a preliminary injunction in trade secrets cases to provide specific evidence of the irreparable harm caused by both actual and potential disclosures of trade secrets, and also to prove the difficulty in quantifying damages in order to obtain injunctive relief.

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