Hugh Stephens Blog
APRIL 19, 2023
Thank you CIPO (Canadian Intellectual Property Office). Last week I indicated in my blog post (“Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?”) that I would be seeking to register with CIPO the copyright on a work fully generated by AI platforms DALL-E2 and ChatGPT.
Michael Geist
APRIL 19, 2023
As anyone who has tried ChatGPT will know, at the bottom of each response is an option to ask the AI system to “regenerate response”. Despite increasing pressure on the government to move ahead with Bill C-27’s Artificial Intelligence and Data Act (AIDA) , the right response would be to hit the regenerate button and start over. AIDA may be well-meaning and the issue of AI regulation critically important, but the bill is limited in principles and severely lacking in detail, leaving virtuall
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TorrentFreak
APRIL 19, 2023
While some anti-piracy groups focus on taking content down, others prefer to take entire sites down. The benefits of the latter approach are obvious; when a site no longer exists, the need to send future takedown notices is eliminated. It’s also much more easily said than done but certainly not impossible. The Alliance for Creativity and Entertainment has taken down hundreds of sites, and it’s often possible to predict which sites are about to feel the heat.
IP Watchdog
APRIL 19, 2023
U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal said in an Order filed yesterday in IPR2021-01229 between Patent Quality Assurance (PQA)/Intel and VLSI Technology that VLSI’s reference in its Rehearing Request to an “unsolicited, anonymous, and improper ex parte communication” about the relationship between PQA and Intel that Vidal had put under seal has put VLSI on thin ice and in danger of being sanctioned.
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?
The IPKat
APRIL 19, 2023
The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) on a recent case addressing the legal nature of non-fungible tokens (NFTs). Here’s what Paolo writes: Free Holdings case raises important issues regarding the legal nature of NFTs by Paolo Maria Gangi The decision of 17 March last of judge James L. Cott of the United States Southern Court of New York in the Free Holdings case poses an interesting question: is an NFT an asset in itself or is it onl
TorrentFreak
APRIL 19, 2023
Over the past few years, Brazil has worked hard to combat online piracy from various angles. The “Operation 404” campaigns, in particular, have led to numerous takedowns and arrests with the most recent wave taking place last month. Brazil’s Ministry of Justice and Public Security (MJSP) praised the international mobilization which resulted in 11 arrests.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Managing IP
APRIL 19, 2023
Whether Pauline Newman steps down now or in the future, her famous dissents, experience and patent prosecution history have won her the respect of the bar
JD Supra Law
APRIL 19, 2023
In Apple Inc. v. Masimo Corp., the PTAB granted Masimo, the owner of patent 10,687,745 (“the ’745 patent”), their request for production directed to “specific documents identified in regard to [a prior] ITC Investigation, including unredacted copies of three briefs, thirty-two exhibits, hearing testimony from five witnesses, and the ITC’s Final Initial Determination.
Patent Trademark Blog
APRIL 19, 2023
What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. Between these two requirements, novelty is easier to grasp. A novel invention is new, unique, something hasn’t been before. OK, we get that. But, what makes a patent application obvious? If you get an obviousness rejection under Section 103, how do you show that you are trying to patent a nonobvious invention?
JD Supra Law
APRIL 19, 2023
On March 27, 2023, Health Canada opened for consultation a proposed application of the definition of Canadian reference product under C.08.001.1(b) of the Food and Drug Regulations. A generic drug manufacturer can file an abbreviated new drug submission (ANDS) based on a comparison to a ‘Canadian reference product’ (CRP) which is defined in s. C.08.001.1 of the Food and Drug Regulations as.
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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.
McKinsey Operations
APRIL 19, 2023
Why are some countries rich and some poor? A leading economist finds the answer in the interactions of economies with the rest of the world, through trade, capital flows, and—notably—migration. “I think that migration could be the key to economic development that we haven’t discovered yet,” he says.
JD Supra Law
APRIL 19, 2023
The “Orange Book”, more formally known as Approved Drug Products with Therapeutic Equivalence Evaluations, identifies U.S. Food and Drug Administration (FDA) approved drug products as well as any related patent and exclusivity information. After FDA approval of a New Drug Application (NDA) filed on a drug, pharmaceutical patents are only listable in the Orange Book if they claim either a method of using the drug or the drug product itself.
McKinsey Operations
APRIL 19, 2023
Mobility is entering a new age of innovation. We examined regional trends across the world to explore the complex changes that could transform the sector by 2035.
JD Supra Law
APRIL 19, 2023
March's Texas Patent Litigation Monthly Wrap-Up covers decisions addressing post-verdict JMOL, the point at which cases become exceptional, and the standard for amending invalidity contentions, among other issues.
IP and Legal Filings
APRIL 19, 2023
Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Thus, in order to protect their personal rights, famous people and celebrities must register their names.
JD Supra Law
APRIL 19, 2023
In recent years, Artificial Intelligence (AI) has taken a significant step forward. For example, the following is a text generated by ChatGPT (a public AI chat bot) when prompted to “write a 300-word paper on how ChatGPT will challenge intellectual property laws in the United States.”.
IP Watchdog
APRIL 19, 2023
On April 17, the U.S. Supreme Court denied a petition for writ of certiorari filed by pharmaceutical developer Novartis seeking to overturn a decision on rehearing by the U.S. Court of Appeals for the Federal Circuit that invalidated patent claims covering the blockbuster multiple sclerosis (MS) treatment, Gilenya. The cert denial leaves in place a CAFC decision derided by commentators as “procedural insanity” and increases the focus upon certain machinations at the appellate court bearing the f
JD Supra Law
APRIL 19, 2023
On April 11, 2023, the Department of Commerce, through the National Telecommunications and Information Administration (NTIA), issued a request for comments (RFC) on AI system accountability measures and policies. The “AI Accountability Policy Request for Comment” is intended to gather information on self-regulatory, regulatory, and other “measures and policies” designed to assure external stakeholders that AI systems are legal, effective, ethical, safe, and otherwise trustworthy.
McKinsey Operations
APRIL 19, 2023
As the industry transitions to sustainable construction, chief procurement officers will play key roles in helping companies decarbonize and improve profitability.
JD Supra Law
APRIL 19, 2023
As previously reported, the Federal Court found Janssen’s Canadian Patent No. 2,661,422 (422 patent)—which relates to treatment of prostate cancer in humans by co-administration of abiraterone acetate (Janssen’s ZYTIGA) and prednisone—invalid in actions under the Patented Medicines (Notice of Compliance) Regulations (Regulations) against Apotex, Dr.
The TTABlog
APRIL 19, 2023
In an extremely rare ex parte double reversal, the Board tossed out two refusals to register the mark BEAUTY POPS for a "cosmetic kit for applying superfoods that function as a facial mask for nourishing and revitalizing the skin, the kit comprising face mask powder, tray, spatula and spoon, the foregoing used, when the powder is mixed with water and frozen, to create an applicator that has the appearance of a lollipop.
JD Supra Law
APRIL 19, 2023
If the scope of the IPR estoppel statute has been keeping you up at night, our latest case of the (recent) week might help you sleep a little better because it provides clarity on two aspects of the statute’s reach.
IP Law 360
APRIL 19, 2023
A tech-oriented group of the Brooklyn Law School and a group of Chicago-based patent lawyers say that the U.S. Supreme Court should take up a review of the U.S. Patent and Trademark Office's refusal to issue patents to inventions developed by artificial intelligence programs.
JD Supra Law
APRIL 19, 2023
In a recent precedential decision, the Federal Circuit shot down arguments from appellants Phillip Morris Products S.A., Phillip Morris USA, Inc. and Altria Client Services LLC (Phillip Morris) that challenged the ban on its imported electronic cigarettes handed down from the International Trade Commission (ITC).
IP Law 360
APRIL 19, 2023
Google was hit with an intellectual property suit in Washington federal court on Tuesday, targeting YouTube features used to broadcast conferences, video gameplay and other content in real time.
JD Supra Law
APRIL 19, 2023
If there is anything movies like The Terminator have shown us, it’s that AI systems might one day become self-aware and wreak havoc. But until Skynet becomes self-aware, let’s enjoy the AI toy that is quickly becoming a part of our daily lives. Some Samsung employees recently discovered that playing with AI models like ChatGPT may have unexpected consequences.
IP Law 360
APRIL 19, 2023
A California federal jury heard opening statements Wednesday in two companies' dueling claims over who should pay for a New Zealand court's finding that a political party infringed the copyright of an Eminem song, with counsel for plaintiff Beatbox Music warning jurors not to "lose yourself" in the defense's theory.
JD Supra Law
APRIL 19, 2023
In ChromaDex, Inc. v Elysium Health, Inc., Appeal No. 2022-1116, the Federal Circuit upheld the invalidity of a claim reciting a supplement comprising nicotinamide riboside (“NR”), a component found in cow’s milk, under 35 U.S.C. § 101, finding that the claim read on a product of nature.
IP Law 360
APRIL 19, 2023
The creators of popular artificial intelligence art platforms, including Stable Diffusion and Midjourney, are seeking to escape a proposed copyright class action over claims that their platforms are a "21st century collage tool" that infringe the rights of millions of artists.
The IPKat
APRIL 19, 2023
Here are the latest events and opportunities from the IPKat. Events 15ème édition Journée luxembourgeoise de la propriété intellectuelle On April 29, the Luxembourg Intellectual Property Institute will host the 15th Luxembourg Intellectual Property Day, which features a conference and trade show. The event will take place at the Chamber of Trades and Commerce, and will be broadcast online too.
IP Law 360
APRIL 19, 2023
A business software developer has sued Lloyds Bank for allegedly infringing protected material by making available on its website PDF forms created by the developer.
McKinsey Operations
APRIL 19, 2023
Mobility is on the verge of a major transformation, but those shifts may occur slowly over the next few years. One major outcome: fewer private-car sales.
43(B)log
APRIL 19, 2023
Seen in the wild: Sign on door: "Due to inflation, prices for some food are increasing without notice. Guests can ask the staff at any time for the updated prices. Sorry for the inconvenience!" My suspicion is that this is not really adequate, but these days, who knows.
Trading Secrets
APRIL 19, 2023
For those interested in commenting on the FTC’s proposed rule banning nearly all non-competes, today , April 19, is your deadline to do so! To date, approximately 25,000 comments have been submitted to the FTC, from individuals, corporations, and various industry groups and legal associations. That includes a comment from the U.S. Chamber of Commerce (as part of a coalition of more than 280 organizations representing 45 states) and a joint statement from the National Restaurant Association and t
IP Tech Blog
APRIL 19, 2023
Sister blog Global Investigations and Compliance Review posted a very read-worthy recent blog authored by our colleagues Marisa Darden, Ayako Russell and Jay Thomas. Addressing proposed changes to the Federal Rule of Evidence 702 standards regarding the admissibility of expert witness opinions, the post is a must read for anyone involved in or concerned with IP (or any other civil) litigation in the U.S.
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