Intellectual Property Law Blog
NOVEMBER 7, 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. Background Medtronic, Inc. (“Medtronic”) owns multiple patents relating to transcutaneous (i.e. through the skin) charging of implanted medical devices.
Plagiarism Today
NOVEMBER 7, 2023
The long-running YouTube series Zero Punctuation has come to an abrupt end. Here's what copyright and trademark law say about what is next. The post Copyright, Trademark and the Future of Zero Punctuation appeared first on Plagiarism Today.
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Intellectual Property Law Blog
NOVEMBER 7, 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 but-
Plagiarism Today
NOVEMBER 7, 2023
OpenAI offers to pay for copyright lawsuits, cricket YouTube channel shuttered over copyright and ASCAP sues 12 restaurants over music. The post 3 Count: Blue Moose appeared first on Plagiarism Today.
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?
Erik K Pelton
NOVEMBER 7, 2023
Erik shares some key questions to ask yourself when choosing a trademark attorney. The post Measuring the Competition appeared first on Erik M Pelton & Associates, PLLC. Erik shares some key questions to ask yourself when choosing a trademark attorney.
IP Watchdog
NOVEMBER 7, 2023
On the heels of a report published Sunday by IPWatchdog, the U.S. Patent and Trademark Office (USPTO) announced today that they will be postponing the transition to Patent Center—the tool meant to replace legacy systems, EFS-Web and Private PAIR—until November 15. The stated goal of the delay is “to better respond to and incorporate additional valuable stakeholder feedback into the Patent Center system,” according to a blog post published today by USPTO Commissioner for Patents, Vaishali Udupa.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
NOVEMBER 7, 2023
New figures published by CharlieIntel predict that free-to-play, action role-playing game Genshin Impact, will have 63 million players in November alone. These impressive figures suggest that the game’s developers give gamers want they want but for a significant subset of Genshin Impact players with specific needs, that itch has to be scratched elsewhere.
Nelligan Law
NOVEMBER 7, 2023
Reading Time: 2 minutes The red poppy’s significance is rooted in the fields of Flanders, Belgium, where World War I was fought. These fields were covered in poppies and were forever memorialized in the famous poem “In Flanders Fields” by Canadian military doctor John McCrae in 1915. The poppy serves as a poignant tribute to those who served in the Allied cause.
Technology & Marketing Law Blog
NOVEMBER 7, 2023
Apple rejected two of the plaintiffs’ apps, “Coronavirus Reporter” and “Bitcoin Lottery,” for its app store. Apple rejected the Coronavirus Reporter app because it wasn’t associated with a government entity or medical institution; and it rejected the Bitcoin Lottery app due to its general ban on bitcoin apps. Apple’s developer guidelines expressly say Apple can reject apps in its sole discretion.
JD Supra Law
NOVEMBER 7, 2023
Gene therapy is part of a new wave of medicine that approaches disease treatment by addressing the root causes rather than focusing on treating or reducing symptoms. Currently, gene therapies are being developed for treatment of inherited diseases, autoimmune diseases, cancer, and infectious diseases. In July 2023, we posted about a series of FDA approvals in the first half of 2023 of several first-in-class gene- and cell-therapies for various rare inherited diseases.
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.
Christopher Roser
NOVEMBER 7, 2023
In my previous posts I went into great detail through all the categories of the Toyota KPI dashboard: safety, quality, productivity, and cost. I also explained the additional section on HR development, albeit this may not really be KPI in the normal sense. However, the dashboard often contains even more: a section with the monthly. Read more The post The Toyota KPI Dashboard—Production Plan first appeared on AllAboutLean.com.
JD Supra Law
NOVEMBER 7, 2023
As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and potential bankruptcy issues. Trademark protection safeguards a company’s brand, while bankruptcy considerations can have far-reaching implications for intellectual property assets.
IP Law 360
NOVEMBER 7, 2023
A Washington federal judge on Tuesday tossed Amazon's suit that sought a declaration it developed its own system that doesn't infringe an augmented reality company's patents, saying the case's issues overlap with an earlier filed suit.
JD Supra Law
NOVEMBER 7, 2023
In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor & Employment Law Department. Along with partner Steve Pearlman, Daryl and Edna recently published an article in Legal Drive that discusses methods and strategies employers can use to bulk up their protections for trade secrets and human capital in a world where non-competes are.
IP Law 360
NOVEMBER 7, 2023
Guidance on artificial intelligence's implications for patent law, which the White House has directed the U.S. Patent and Trademark Office to produce, could illuminate important issues, according to attorneys, but the tight timeline and evolving technology might limit what the office can say.
JD Supra Law
NOVEMBER 7, 2023
The Background: There has been a growing trend to invalidate European patents by challenging their formal priority and using intervening prior art. The Technical Boards of Appeal of the European Patent Office ("EPO") referred questions of law to the Enlarged Board of Appeal ("EBA"): first, whether the EPO is competent to assess a party's entitlement to priority; and second, whether a newly added applicant in a Patent Cooperation Treaty ("PCT") application is entitled to claim priority from an.
IP Close Up
NOVEMBER 7, 2023
Generating a return on tech patents from licensing without suing for infringement is fast becoming a lost art – even if the licensor is a Continue reading
JD Supra Law
NOVEMBER 7, 2023
A common problem for intellectual property owners in the age of e-commerce is trying to unmask the identity of anonymous infringers to get the infringing activity to stop. Even if a brand owner is successful in unmasking the identity of an infringer, it can be exceedingly difficult to find an appropriate jurisdiction to bring a claim, as infringers are often foreign with no substantial ties to the U.S.
IP Law 360
NOVEMBER 7, 2023
The non-fungible token creator found liable for ripping off Hermes' Birkin bag told the Second Circuit that U.S. District Court Judge Jed Rakoff "wrongly focused on questions of intent" throughout his trial rather than whether the NFTs at the center of the case were protected free speech.
JD Supra Law
NOVEMBER 7, 2023
A Federal Circuit judge, sitting by designation in the District of Delaware, granted-in-part and denied-in-part a Rule 12(c) motion by the defendant for judgment based on patent eligibility under 35 U.S.C. § 101. The case is KOM Software Inc. v. NetApp, Inc.
Copyright Alliance
NOVEMBER 7, 2023
This week we’d like to introduce you to industrial designer Matthew Cunningham. He’s widely known for his “expertise in advanced vehicle design, brand futuring, and feature film concept design.” Matthew […] The post Creator Spotlight with Industrial Designer Matthew Cunningham appeared first on Copyright Alliance.
JD Supra Law
NOVEMBER 7, 2023
The U.S. Patent and Trademark Office (USPTO) released a report on innovations in COVID-19-related diagnostics as a case study of how innovation and intellectual property operate during times of crisis. The study utilized publicly available data from December 2019 through April 2023. Highlights that might be of interest to stakeholders in this space include trends in the volume of COVID-19 diagnostic patents filed, the entities filing them, and countries with the most identified patent families.
The TTABlog
NOVEMBER 7, 2023
Metal Jeans, Inc. opposed an application to register the mark METAL HEADS for headwear, claiming likelihood of confusion with its registered mark METAL for" ski jackets, jackets, jeans and shirts.” Third-party registrations covering both headwear and one or more of opposer's goods, along with applicant's admissions, established the relatedness of the goods.
JD Supra Law
NOVEMBER 7, 2023
In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor & Employment Law Department. Along with partner Steve Pearlman, Daryl and Edna recently published an article in Legal Drive that discusses methods and strategies employers can use to bulk up their protections for trade secrets and human capital in a world where non-competes are.
Patently-O
NOVEMBER 7, 2023
by Dennis Crouch The 5th Circuit Court of Appeals recently decided an important convenient venue case. Granting TikTok’s mandamus petition to have its trade secret case transferred from W.D.Tex to N.D.Cal. The decision does not really break ground in the venue/mandamus debate, but does solidify the Federal Circuit’s parallel approach in patent cases out of the same district.
JD Supra Law
NOVEMBER 7, 2023
Artificial intelligence-generated deepfakes—video, audio, or photographic content that mimics some or all of the characteristics of one’s identity—have captured the wary attention of the public, politicians and the entertainment industry, among others. While copyright laws have been frequently invoked when considering generative AI training and outputs, concerns have been raised about whether current state right of publicity laws are sufficient to guard against the misuse or unauthorized.
IP Intelligence
NOVEMBER 7, 2023
On Oct. 30, Judge William Orrick of the U.S. District Court for the Northern District of California largely sided with defendants Stability AI, DeviantArt and Midjourney in the generative AI-copyright infringement suit brought by a trio of artists. Judge Orrick found plaintiffs’ complaint “defective in numerous aspects” and gave plaintiffs leave to amend “to provide clarity regarding their theories of how each defendant separately violated their copyrights, removed or altered their copyright man
JD Supra Law
NOVEMBER 7, 2023
In re PersonalWeb Technologies LLC, Appeals Nos. 2021-1858, -1859, -1860 (Fed. Cir. Nov. 3, 2023) In this appeal from the United States District Court for the Northern District of California, the question before the Federal Circuit was whether an award of approximately $5.1 million in attorneys’ fees under 35 U.S.C. § 285 was appropriate. The Federal Circuit affirmed the fee award, holding that the district court had not abused its discretion in finding the case exceptional or in calculating.
Trading Secrets
NOVEMBER 7, 2023
We are excited to present the latest edition of our renowned resource, the 50-State Non-Compete Desktop Reference, thoughtfully updated by our distinguished Trade Secrets, Computer Fraud, and Non-Competes practice group. Key Features: Comprehensive Updates: Covering key jurisdictions such as California, New York, and many more. In-Depth Topics: Covers vital aspects such as penalty frameworks, wage thresholds, and notice requirements.
JD Supra Law
NOVEMBER 7, 2023
Picture a material so black that when you look at it, a void of nothingness appears. A material so black that when you apply it to aluminum foil, the wrinkles disappear completely. This material exists, and is called “Vantablack,” a material so dark that it absorbs 99.96% of light.
IP Watchdog
NOVEMBER 7, 2023
If you’re a regular reader of IPWatchdog, it probably wouldn’t surprise you to hear that two different U.S. Court of Appeal for the Federal Circuit (CAFC or Federal Circuit) panels recently issued inconsistent, irreconcilable opinions. But what just happened over the last month is particularly concerning. Specifically, within the span of six days, the Federal Circuit held that: “A computer” means one and only one computer when a subsequent claim element recites “the computer” (Finjan v.
LexBlog IP
NOVEMBER 7, 2023
Why do you need an operating agreement for an LLC? An operating agreement is not required by law in Illinois, but you’re doing yourself a disservice not having one. They’re important for banking and financial transactions. They set up a roadmap for avoiding problems and for handling ones that do arise, and they help keep good relationships between owners good.
IP Watchdog
NOVEMBER 7, 2023
The U.S. Supreme Court on Monday denied certiorari to HIP, Inc. in a case that asked the Court to review the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) standard for determining joint inventorship. The petition, filed in August, asked the Court to resolve what it called “an indisputable conflict between the express language of Section 116(a) of Title 35, informed by the legislative history of its 1984 amendments, and requirements the Federal Circuit has imposed on the joint inventio
LexBlog IP
NOVEMBER 7, 2023
As we’ve written about in prior posts , it’s possible under U.S. trademark law for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services. For the college football fans among our readership, one well-known example is the distinctive blue turf of Albertsons Stadium (a/k/a “THE BLUE”), on which the Boise State Broncos play their home games: What is no doubt far less appreciated by this group is tha
IP Law 360
NOVEMBER 7, 2023
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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