JD Supra Law
NOVEMBER 10, 2023
A wide-ranging mechanism allowing for easier reciprocal enforcement of judgments in mainland China and Hong Kong will come into force on 29 January 2024. The new enforcement regime should reduce the need to re-litigate judgments.
Patently-O
NOVEMBER 10, 2023
Guest post by Menaka Hampole , Assistant Professor of Finance, Yale School of Management, Francesca Truffa , Postdoctoral Scholar, Stanford Graduate School of Business, Ashley Wong , Assistant Professor of Economics, Tilburg University. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research.
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TorrentFreak
NOVEMBER 10, 2023
Many copyright holders believe that if they’re able to communicate with pirates, a proportion will change their behavior. The tone of the messaging varies but legal consequences are typically found somewhere in the mix. When attempting to reach alleged BitTorrent pirates at scale, the immediate problem is accurate identification. While IP addresses can lead to an infringer or at least the person who pays the internet bill, it’s an expensive process when there’s no intention to
Olartemoure Blog
NOVEMBER 10, 2023
DA VINCI SURGICAL SYSTEM EP2444004B1 Inventors: Dr. Frederick Moll and Dr. Robert Assignee: Intuitive Surgical Operations Inc Date of patent: Mar. 2 nd , 2016 The Da Vinci Surgical System is a robotic surgical platform used for minimally invasive surgery. It enables surgeons to perform complex procedures with enhanced precision. The system is patented for its innovative technology and has transformed various surgical disciplines.
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?
Likelihood of Confusion
NOVEMBER 10, 2023
Victory has a hundred fathers [link] — Likelihood ®© Blog (@likely2confuse) June 19, 2017 Now let’s name some of them. Because while I have many thoughts and learned many things. The post The Slants: Denouement appeared first on LIKELIHOOD OF CONFUSION™.
Olartemoure Blog
NOVEMBER 10, 2023
Spotify, has announced a major change to its royalty model that will take effect in 2024, generating discussion and debate throughout the music community. The most prominent change is the introduction of a 1,000 plays threshold for tracks to be eligible for royalty payments. While this has raised concerns, it is argued that this threshold could benefit artists, especially emerging artists, by ensuring more meaningful compensation for their work.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The TTABlog
NOVEMBER 10, 2023
Mike Keyes , a consumer survey expert and IP litigator at Dorsey & Whitney LLP, has granted me permission to post this recent article from his newsletter, "Lanham Act Surveys for Lawyers" (subscribe here ). Getting Your Teflon Survey to "Stick" at the TTAB Teflon. When most people hear that word, they may think of their favorite coated frying pan that dutifully keeps those scrambled eggs from being a jumbled-up, sticky mess on Saturday mornings.
JD Supra Law
NOVEMBER 10, 2023
In AI Training Case Brought by Thomson Reuters, Court Denies Summary Judgment - In Thomson Reuters v. Ross Intelligence, a district court largely denied the parties’ cross motions for summary judgment and held that a number of factual issues must be decided by a jury. - The decision provides some insight into how courts might address the complex issue of whether the use of copyrighted works to train artificial intelligence systems constitutes copyright infringement and, if so, the viability.
SpicyIP
NOVEMBER 10, 2023
Cover page of WIPO World IP Indicators, 2023 Image from here The World Intellectual Property Organization (WIPO) recently published its annual World IP Indicators for the year 2023, detailing the different trends in the filing of IP applications and the subsequent grants by IP offices across different jurisdictions. In this short post, I’ll take a look at the India-specific figures in terms of patent filings, grants, and procedural data about the Indian Patent Office.
JD Supra Law
NOVEMBER 10, 2023
In Great Concepts, LLC, v. Chutter, Inc., the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark.
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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 Watchdog
NOVEMBER 10, 2023
This week in Other Barks & Bites: A Delaware jury rules Amazon must pay $46.7 million to a company that accused the tech giant’s Alexa of infringing on several patents; G7 Members publish communique on digital competition; and Diego Maradona’s heirs win a trademark battle against his former lawyer.
JD Supra Law
NOVEMBER 10, 2023
In a relatively scathing opinion finding the plaintiffs’ Complaint “defective in numerous respects,” a district court judge has thrown out most of the claims a group of artists has asserted against AI platforms that allegedly used the artists’ copyrighted works without permission. The order in Andersen et al. v. Stability AI Ltd. provides an important preview on courts’ tolerance for AI-related copyright lawsuits moving forward—including a similar class action filed by actor/comedian Sarah.
Trading Secrets
NOVEMBER 10, 2023
Boston Beer Corporation (“Boston Beer”) recently filed suit seeking monetary and injunctive relief in Massachusetts state court, alleging a former employee and his new employer, the competing alcoholic beverage company Downeast Cider House LLC (“Downeast”), were using Boston Beer’s trade secrets to unfairly compete with it and divert business opportunities to Downeast.
JD Supra Law
NOVEMBER 10, 2023
This case is primarily about the Daubert standard as applied to expert testimony on damages. The Federal Circuit reversed the Northern District of California’s admission of expert testimony on damages, which relied on calculations that failed to differentiate between infringing products and non-infringing products. The Federal Circuit also reiterated the standards for a judgment as a matter of law (“JMOL”) of non-obviousness, and clarified that “by means of” claim language does not limit to.
Patently-O
NOVEMBER 10, 2023
Guest post by Alice Li , Cornell University, Executive Director of the Center for Technology Licensing, AUTM Board Member. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here.
JD Supra Law
NOVEMBER 10, 2023
This case addresses the ability of a petitioner in an IPR to present new evidence in a reply brief, particularly where the patent owner proposes a new claim construction in its patent owner response.
Olartemoure Blog
NOVEMBER 10, 2023
Financial consumers can now securely access real-time payment and fund transfer services, thanks to Colombia’s Central Bank External Resolution 6 on October 31st, 2023. The primary goal is to foster interoperability within the country’s Low-Value Payment Systems. This regulatory framework empowers users to execute real-time transfers or payments, irrespective of their financial institution.
JD Supra Law
NOVEMBER 10, 2023
In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party forgot about does not count as “new” evidence when remembered for the purpose of a motion for reconsideration. Calsep A/S v. Ashish Dabral, Case No. 22-20440 (5th Cir.
Olartemoure Blog
NOVEMBER 10, 2023
As part of the National Anti-Money Laundering Day on October 30th, the National Tax and Customs Authority (DIAN) and the Information and Financial Analysis Unit (UIAF) informed that proceeds from money laundering worth approximately USD 1.5 billion were seized by Colombian authorities in 2022. According to the information released by the authorities, DIAN receives approximately 600 money laundering alerts and UIAF about 16,000 reports, which led to the capture of about 1,200 individuals involved
JD Supra Law
NOVEMBER 10, 2023
In a recent decision in a patent case between massage-device companies, Judge Gardephe (S.D.N.Y.) adopted two recommendations of the magistrate judge. The first R&R recommended denial of Defendant Tzumi’s motion for partial summary judgment, in which Tzumi asserted non-infringement arguments, and the second R&R recommended denial of Tzumi’s motion to dismiss Plaintiff Therabody’s willfulness allegations.
Olartemoure Blog
NOVEMBER 10, 2023
Since 2021 Ecuador has had an Organic Law on Personal Data Protection that establishes obligations to Controllers and Processors congruent with the regulations that establish the highest standards of protection in the World. On November 6th, the Decree that developed this regulation was approved and established the Superintendence of Personal Data Protection as the highest authority in this country.
JD Supra Law
NOVEMBER 10, 2023
Many of us have said, “Bacon makes everything better.” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon.
Olartemoure Blog
NOVEMBER 10, 2023
In response to the critical medication shortage in Colombia, the Administrative Tribunal of Cundinamarca has taken decisive action by issuing an urgent preliminary injunction. This mandate requires the Ministry of Health and the National Institute of Food and Drug Surveillance (Invima) to implement a comprehensive plan addressing various aspects of the crisis.
JD Supra Law
NOVEMBER 10, 2023
The US Court of Appeals for the Third Circuit dismissed an appeal from the denial of a motion under the Defend Trade Secrets Act (DTSA) for an ex parte seizure order, explaining that such orders are not final, not effectively injunctive and that the DTSA does not independently provide appellate jurisdiction to review such orders. Janssen Prod., L.P. v. eVenus Pharms.
Olartemoure Blog
NOVEMBER 10, 2023
Due to technical failures in the STORM platform from October 27th to October 31st, 2023, the Superintendency of Corporations extended the deadlines for the submission of the Report 75 – SAGRILAFT and PTEE on money laundering, financing of terrorism, bribery, and corruption compliance programs with cut-off as of December 31st, 2022. If you would like further information on the filing of Report 7 – SAGRILAFT and PTEE, do not hesitate to contact us.
JD Supra Law
NOVEMBER 10, 2023
Intellectual property protection is essential for emerging companies in the healthy food and beverage (“F&B”) space to attract investors and stand out from competitors. To gain a competitive edge, companies should understand and be intentional about building their intellectual property portfolio, which can include patents, trademarks, copyrights and trade secrets.
LexBlog IP
NOVEMBER 10, 2023
Boston Beer Corporation (“Boston Beer”) recently filed suit seeking monetary and injunctive relief in Massachusetts state court, alleging a former employee and his new employer, the competing alcoholic beverage company Downeast Cider House LLC (“Downeast”), were using Boston Beer’s trade secrets to unfairly compete with it and divert business opportunities to Downeast.
JD Supra Law
NOVEMBER 10, 2023
The U.S. Supreme Court recently denied a trade secret owner's petition for certiorari in Trizetto Group, Inc. v. Syntel Sterling Best Shores Mauritius Limited. This leaves unresolved a question of when a wrongdoer's avoided R&D costs may be recovered as damages under the Defend Trade Secrets Act ("DTSA").
Patent Trademark Blog
NOVEMBER 10, 2023
Why does a trademark priority claim matter? In the world of patents and trademarks, filing dates matter. The earlier the filing date, the better. When it comes to international trademark protection, there are ways to link your foreign filings to a previously filed trademark application for the same mark. That way, your foreign applications get the benefit of the earlier filing date of your first trademark application.
JD Supra Law
NOVEMBER 10, 2023
In Elekta Limited v. Zap Surgical Systems, Inc., the Federal Circuit recently affirmed a PTAB decision finding certain claims of a patent owned by Elekta Limited (“Elekta”) to be unpatentable, even though the PTAB decision had not expressly addressed the expectation of success for the proposed obviousness combination. No. 2021-1985, 2023 WL 6152418 (Fed.
Velocity of Content
NOVEMBER 10, 2023
In early October, streaming music giant Spotify announced it would soon launch an audiobook service across several key markets. The program has since debuted in the U.K. and Australia, and this week, the service launched in the U.S. Publishers have welcomed the Spotify move to include audiobooks in its subscription service, reports Andrew Albanese , Publishers Weekly executive editor.
JD Supra Law
NOVEMBER 10, 2023
The interplay between contentions and expert reports in a patent case always requires considered judgment. The common sense rule that an expert may “expand on” but not “deviate from” a party's contentions is easy to say but at times more difficult to practice. The role of an expert plainly is not to simply parrot contentions drafted by the attorneys.
SpicyIP
NOVEMBER 10, 2023
[ This post is authored by SpicyIP Fellow Yogesh Byadwal. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law, Constitutional Law and Criminal Law. His previous posts can be accessed here ]. Image by jcomp on Freepik On November 3, 2023, Ministry of Information and Broadcasting issued a notification (see here ), establishing an ‘ institutional mechanism of Nodal Officers’ , under Sec. 7(1B)(ii) Cinematograph Act, 1953
JD Supra Law
NOVEMBER 10, 2023
In a previous post, we highlighted three key items to look out for when assessing the terms and conditions of generative artificial intelligence (“GAI”) tools: training rights, use restrictions and responsibility for outputs. With respect to responsibility for outputs specifically, we detailed Microsoft’s shift away, through its Copilot Copyright Commitment (discussed in greater detail below), from the blanket disclaimer of all responsibility for GAI tools’ outputs that we initially saw from.
The TTABlog
NOVEMBER 10, 2023
Here are three recent decision by the Board in e x parte appeals in which it held oral arguments in September and October 2023. How do you think they came out? Answers in first comment. In re Stonemaier LLC , Serial No. 90731004 (November 8, 2023) [not precedential] (Opinion by Judge Jennifer L. Elgin) [Section 2(d) refusal to register the mark WINGSPAN for strategy games, including board games and electronic games, in view of the identical mark registered for "toy action figures and accessories
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