Technology & Marketing Law Blog
MAY 17, 2024
by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. A platform sues a web scraper in the Northern District of California for (among others) a breach of its Terms of Service (ToS) —and the platform loses.
JD Supra Law
MAY 17, 2024
Kilpatrick partner Mitch Stockwell recently presented to clients at the Kilpatrick Intellectual Property Seminar on the topic of “Patent Disputes: Bringing, Financing, and Fighting Big Cases.” Mr. Stockwell explored both the hot topics and basic benchmarking techniques for addressing patent disputes from beginning to end. This session started with how to utilize, and avoid, the latest PAE state laws at the demand stage and discuss how to address willfulness issues along the way.
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IP Law 360
MAY 17, 2024
A Delaware federal judge Friday granted in part Shopify Inc.'s bid for a new trial in an infringement suit over a series of patents for website generation owned by Express Mobile Inc. after Express won a $40 million jury verdict in 2022.
TorrentFreak
MAY 17, 2024
Any content that can be digitized is immediately vulnerable to being pirated. The speed and scale at which that happens is ultimately governed by two key factors; how easily the content can be obtained, copied, and distributed, and how popular the content is with consumers. In this respect, Japanese comics, better known as manga, effortlessly earn top marks across the board.
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?
Patently-O
MAY 17, 2024
by Dennis Crouch In a new Appeals Review Panel (ARP), the USPTO has clarified the Office’s position on means plus function claims — explaining that the specification need not describe statutory equivalents to satisfy the written description requirement. The outcome here shows value for the intentional use of means-plus-function limitations as a mechanism for expanding patent scope when genus claims are otherwise unavailable.
TorrentFreak
MAY 17, 2024
Most of the larger pirate sites serve a global audience, but many countries have their local favorites too. In France, that’s YggTorrent , Ygg for short. The torrent site is not a typical torrent indexer. Ygg sees itself as a community instead, one with a dedicated tracker, something that’s quite rare these days. The site was founded in 2017, to fill the gap left behind when T411 shut down.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP and Legal Filings
MAY 17, 2024
Main Body: Although AI voiceovers of celebrities singing trending reel audios might be entertaining, they have opened a plethora of legal ambiguities. The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personality rights specifically.
JD Supra Law
MAY 17, 2024
In a significant setback for Elon Musk’s X Corp (formerly Twitter), a U.S. District Judge has dismissed the company’s lawsuit against an Israeli data-scraping firm, Bright Data Ltd. We previously reported on X’s recent spree of lawsuits against data-scraping companies.
The TTABlog
MAY 17, 2024
Chestek PLLC has filed a petition for writ of certiorari, asking the Supreme Court to review the CAFC's decision [ TTABlogged here ] upholding the TTAB's affirmance [ TTABlogged here ] of a refusal to register the mark CHESTEK LEGAL for "legal services," based on Applicant Chestek PLLC's failure to provide its "domicile address." Chestek PLLC v. Vidal , No. 223-1217 (filed May 13, 2024) (petition here ) (S.
JD Supra Law
MAY 17, 2024
On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements nationwide with limited exceptions. The rule marks a pivotal moment for trade secret protection and enforcement strategies as it promises to reshape the relationship between employers and employees and impact safeguards for proprietary information.
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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
MAY 17, 2024
This Week in Other Barks and Bites: two voice actors file a class action lawsuit against an AI company accusing the firm of stealing their voice; the NMPA sends a cease-and-desist letter to Spotify asking the streaming company to pull unlicensed content from their platform; and the Senate AI Working Group releases a roadmap for Senate AI policy with scant attention to intellectual property.
JD Supra Law
MAY 17, 2024
Addressing the issue of personal jurisdiction in the context of a declaratory judgment case involving a program for resolving patent infringement claims, the US Court of Appeals for the Federal Circuit concluded that a patent owner has personal jurisdiction in the forum of an alleged infringer when it files a program claim against the alleged infringer.
IP Watchdog
MAY 17, 2024
On May 16, the Mechanical Licensing Collective (MLC), a non-profit entity responsible for administering blanket licenses enacted by the Music Modernization Act (MMA), filed a lawsuit in the Southern District of New York alleging that Swedish streaming media company Spotify has failed to meet its royalty obligations for MMA blanket licenses. The MLC alleges that Spotify’s recent decision to reclassify its Premium subscription service as a bundled subscription offering, leading the streaming compa
JD Supra Law
MAY 17, 2024
The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign Indian tribe, can be sued and that the district court failed to consider the valid and enforceable nature of the forum. AQuate II, LLC v.
IP Law 360
MAY 17, 2024
A Delaware federal jury on Friday said that AstraZeneca Pharmaceuticals LP should pay $107.5 million in royalty damages for infringing a Pfizer-brand cancer treatment patent, although a final decision won't be issued until after a bench trial on some of AstraZeneca's additional defenses.
JD Supra Law
MAY 17, 2024
Addressing a final determination by the US International Trade Commission of no violation of § 337, the US Court of Appeals for the Federal Circuit affirmed that the complainant had not satisfied the economic prong of the domestic industry requirement because it relied on aggregated evidence of investments across different products protected by different patents.
IP Law 360
MAY 17, 2024
Industry groups of all stripes have lined up at the U.S. Patent and Trademark Office to complain yet again about a Biden administration proposal from last year to potentially use "march-in" rights and seize pharmaceutical patents using the Bayh-Dole Act.
JD Supra Law
MAY 17, 2024
In 2023, BakerHostetler saw cutting-edge legal issues and also the continuing evolution of fraudulent schemes targeting brand owners. Our attorneys have also dealt with increasingly sophisticated scams involving the misuse of client brands. In BakerHostetler's inaugural IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments, inspired by client wins and current.
IP Law 360
MAY 17, 2024
An insurance policy licensing group and an underwriting firm told a Connecticut federal judge Friday that they have agreed to end their dispute with two insurance underwriting competitors they accused of infringing their copyrights by copying certain language from a marine transportation policy and using it without permission.
JD Supra Law
MAY 17, 2024
The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action is timely filed.
IP Law 360
MAY 17, 2024
The maker of Stündenglass-branded glass infusers was denied a win over a retailer that didn't bother to put up a defense against its trademark infringement suit, after a California federal judge accepted a magistrate's report that the litigious manufacturer still couldn't back up its claims.
JD Supra Law
MAY 17, 2024
For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the extent to which damages are recoverable.
IP Law 360
MAY 17, 2024
An electric-jet company told a Seattle jury Friday that Boeing misappropriated its trade secrets to build a copycat plane under the guise of investing in the startup, entitling it to an award of more than $163 million.
JD Supra Law
MAY 17, 2024
If your business is keeping a valuable secret, you may be trying to figure out the best way to protect it. The question may turn on whether your secret is something like the secret Coke formula or a groundbreaking technology for producing eco-friendly, biodegradable, and cost-effective packaging materials.
IP Law 360
MAY 17, 2024
A Delaware federal jury on Friday told Akoustis Technologies Inc. to pay wireless company Qorvo Inc. nearly $38.6 million for misappropriating its trade secrets and infringing its patents, following a two-week trial over radio frequency filter technology.
JD Supra Law
MAY 17, 2024
The Board declined to institute inter partes review because Petitioner failed to identify adequate corresponding structure in the challenged patent that performed the function of claim limitation that was to be construed under 112(f). According to the Board’s Rules, “[w]here the claim to be construed contains a means-plus-function. limitation as permitted under 35 U.S.C. 112(f), the construction of the claim must identify the specific portions of the specification that describe the.
IP Law 360
MAY 17, 2024
Texans can continue to be subjected to the earworm that is the "Kars 4 Kids" jingle, as the Third Circuit declined this week to reconsider its ruling against a local charity that had temporarily won a $10 million judgment in a trademark dispute over the name.
JD Supra Law
MAY 17, 2024
Addressing when claimed printed matter is entitled to patentable weight, the US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s ruling involving the printed matter doctrine, explaining that the claimed subject matter was not communicative content. IOEngine, LLC v. Ingenico Inc., Case No. 21-1227 (Fed. Cir. May 3, 2024) (Lourie, Chen, Stoll, JJ.).
IP Law 360
MAY 17, 2024
The new owner of the late T. Boone Pickens' luxurious hunting estate in the Texas Panhandle can proceed with a lawsuit accusing a neighboring property owner of infringing the ranch's trademark rights by using them to advertise a land sale, a federal judge concluded Thursday.
JD Supra Law
MAY 17, 2024
The Patent Trial and Appeal Board has denied institution and joinder of an inter partes review petition after determining that the petition was not only time-barred but that joinder was also foreclosed. In making its determination, the board found that the concurrent motion for joinder was not proper because the IPR proceeding sought to be joined had just been terminated due to settlement.
IP Law 360
MAY 17, 2024
The actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie has urged a California federal court not to dismiss his right-of-publicity complaint against Paramount Pictures for using his image in the 2022 blockbuster sequel, saying the film studio is incorrect to argue the First Amendment shields it from the suit.
JD Supra Law
MAY 17, 2024
The US Court of Appeals for the Federal Circuit, factually distinguishing the concept of finality in this case from its earlier decision in Fresenius USA v. Baxter Int’l, vacated and remanded a district court’s amended final judgment with instructions to dismiss the case as moot in view of parallel proceedings that had found all patent claims invalid.
IP Law 360
MAY 17, 2024
In a lawsuit against Spotify, the nonprofit the U.S. Copyright Offices uses to distribute royalties alleged Thursday that the audio streaming service's new premium subscription package could cause illegal underreporting of royalties and cost songwriters and music publishers "hundreds of millions of dollars.
Olartemoure Blog
MAY 17, 2024
The Administrative Department of the Presidency of the Republic (DAPRE) has issued the draft decree that establishes the Minimum Guidelines required for the Transparency and Business Ethics Programs (PTEE). In addition to addressing measures to prevent corruption, transnational bribery, and fraud, the decree also includes provisions on money laundering and terrorism financing, which contrasts with the current regulations of the PTEE issued by superintendencies, municipalities, and other authorit
IP Law 360
MAY 17, 2024
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.
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