JD Supra Law
AUGUST 11, 2023
Draft AI Act – What Happened So Far: Back in April 2021, the European Commission provided a draft regulation laying down harmonized rules on artificial intelligence (AI Act) aimed at safeguarding fundamental EU rights and user safety.
Likelihood of Confusion
AUGUST 11, 2023
Posted on November 17th, 2008: No, not that Sonny. No, rather this: If America’s most famous variety-show-star-turned-congressman hadn’t slammed into that tree on that fatal day of downhill skiing, we’d. The post Mourning Sonny appeared first on LIKELIHOOD OF CONFUSION™.
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JD Supra Law
AUGUST 11, 2023
It is the summer of pink and Barbie. The Barbie movie has had its third successful week in a row, recently reaching $1 billion in global ticket sales. Barbie-fever is everywhere. Beyond the film, Mattel, Inc. (“Mattel”), the owner of the world’s most famous doll, has partnered with over 100 brands and retailers to bring consumers collaborations in sectors ranging from beauty and fashion to home décor, furniture, and food.
Michael Geist
AUGUST 11, 2023
Blocking of news links on Facebook and Instagram in Canada has becomes increasingly widespread in recent days, leading to a growing number of public comments from media outlets and reporters expressing surprise or shock about the scope of the link blocking. Indeed, outlets with blocked links include university student newspapers , radio stations , and foreign news outlets.
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?
TorrentFreak
AUGUST 11, 2023
With nearly 14 million books available for download, Z-Library is one of the largest repositories of pirated books on the Internet. The site has millions of regular readers who find a wealth of free knowledge and entertainment at their fingertips. Z-Library’s very existence was put to the test last November when U.S. law enforcement agencies seized over 200 domain names connected to the site.
IP and Legal Filings
AUGUST 11, 2023
Introduction Trademarks are no longer confined to words, numbers, or devices. Admittedly, anything which could be used to distinguish one’s merchandise is being put out for statutory protection. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] Thus, the nature of trademarks has also morphed into unconventionality, where protection is often sought for
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Velocity of Content
AUGUST 11, 2023
Earlier this week, investment firm KKR announced an agreement with Paramount Global to acquire book publisher Simon & Schuster for $1.62 billion in an all cash transaction. The deal comes after a federal judge last year blocked Penguin Random House’s acquisition of Simon & Schuster on antitrust grounds. “As expected, the agreed sale price of $1.62 million is well below the $2.175 billion that Penguin Random House had previously agreed to pay for the country’s third largest trade publ
IP Law 360
AUGUST 11, 2023
Six record labels on Friday accused the Internet Archive of engaging in an "astonishing" copyright violation by willfully copying and distributing over 2,700 protected recordings with its Great 78 Project, where users can access digitized versions of vinyl records for free, according to the New York federal suit.
IIPRD
AUGUST 11, 2023
INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. The earliest example of Japanese sequential art can be traced back to the 12 th century, ChojuJinbutsuGiga animal scrolls,created by a group of manga-ka (manga creator) whose unique technique of drawing characters to simulate the running form is said to be adopted by several manga-ka even today.
IP Law 360
AUGUST 11, 2023
The Seventh Circuit on Friday sternly reversed a lower court that refused to award the Cremation Society of Illinois attorney fees for defeating a software company's copyright suit, saying it was "concerned" over how readily the lower court rejected precedent strongly calling for the opposite result.
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.
Selvam & Selvam Blog
AUGUST 11, 2023
In a recent order passed on August 3, 2023, the Delhi HC in Ravi Manchanda v. Registrar of Trademarks rather scathingly pointed out a glaring error in an order passed by the Senior Examiner of Trademarks. In a case that was described as ‘sui-generis’, the Hon’ble Judge drew attention to a critical discrepancy – the absence of the impugned “order” in the communication sent to the concerned parties.
IP Law 360
AUGUST 11, 2023
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
LexBlog IP
AUGUST 11, 2023
Alexis Hunley v. Instagram has been referred to as one of the top copyright cases to watch this year. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here. Read more about this case on the IP Law Blog here.
IP Law 360
AUGUST 11, 2023
A California federal judge ruled Friday that Apple Inc. did not infringe two patents on technology for using vibrations to provide feedback to users of electronic devices, after discarding "improper" testimony by headphone maker Taction Technology Inc.'s expert witness.
LexBlog IP
AUGUST 11, 2023
The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China. This could be a historical turning point in China’s fight against trademark theft, a plague that has negatively affected many foreign right holders more or less famous in th
IP Law 360
AUGUST 11, 2023
The speed at which artificial intelligence is developing will likely outpace the legislative response, and two recently filed class actions naming OpenAI as a defendant raise the question of whether existing laws may be used to place some meaningful guardrails on the development of AI, says Thomas Carey at Sunstein.
JD Supra Law
AUGUST 11, 2023
Can’t Stop a Bull: Limits of Claim Preclusion - In Inguran, LLC Dba Stgenetics v. Abs Global, Inc., Genus Plc, Appeal No. 22-1385, the Federal Circuit held that claim preclusion does not bar an induced infringement claim that did not exist at the time of the earlier action.
IP Tech Blog
AUGUST 11, 2023
The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China. This could be a historical turning point in China’s fight against trademark theft, a plague that has negatively affected many foreign right holders more or less famous in the past twent
JD Supra Law
AUGUST 11, 2023
The Patent Trial and Appeal Board (PTAB) has benefited, particularly after enactment of the Leahy-Smith America Invents Act, from the deference to its factual findings mandated by the Supreme Court's interpretation in Dickenson v. Zurko of the application (deferential for factual determinations) of the standard-of-review provisions in the Administrative Procedures Act.
The IP Law Blog
AUGUST 11, 2023
Alexis Hunley v. Instagram has been referred to as one of the top copyright cases to watch this year. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here. Read more about this case on the IP Law Blog here.
JD Supra Law
AUGUST 11, 2023
This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285 and certain circumstances that do not make a case exceptional.
Patently-O
AUGUST 11, 2023
by Dennis Crouch The Federal Circuit’s new decision in Rembrandt Diagnostics, LP v. Alere, Inc., 2021-1796 (Fed. Cir. Aug 11, 2023) complements the court’s recent decision in Axonics, Inc. v. Medtronic, Inc., 2022-1532 (Fed. Cir. Aug. 7, 2023). Ordinarily, an IPR petitioner must stick to the arguments and reasoning that it sets forth in the original petition.
JD Supra Law
AUGUST 11, 2023
The U.S. Patent and Trademark Office (USPTO) extended its Climate Change Mitigation Pilot Program (CCMPP) in June 2023, encouraging inventors to play a more significant role in mitigating climate change. The USPTO created the CCMPP more than a year ago in response to President Biden’s Executive Order 14008, which supports climate action throughout the United States.
Olartemoure Blog
AUGUST 11, 2023
On 2 August 2023, Colombia ratified the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention. Its primary goal is promoting mediation to resolve cross-border commercial disputes by establishing a legal framework for effectively recognizing and enforcing international commercial settlements.
JD Supra Law
AUGUST 11, 2023
AXONICS, INC. v. MEDTRONIC, INC. Before Dyk, Lourie, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Where a patent owner in an IPR proposes a claim construction for the first time in a patent owner response, a petitioner must be given the opportunity in its reply to argue and present evidence of anticipation or obviousness under the new construction.
Olartemoure Blog
AUGUST 11, 2023
The National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) in Peru sanctioned for 6,435 soles a home delivery platform for automatically adding a tip to the total cost of products or services purchased through its application, without prior request from consumers and before the contracted service was provided.
JD Supra Law
AUGUST 11, 2023
Last week, Canada-based Acuitas Therapeutics, Inc. (Acuitas) filed a complaint in the District of New Jersey for declaratory judgment of non-infringement and invalidity against Arbutus Biopharma Corp. and Genevant Sciences GmbH (collectively, Arbutus), challenging U.S. Patent Nos. 9,364,435; 8,058,069; 8,492,359; 8,822,668; 9,006,417; 9,504,651; 9,518,272; 11,141,378; 11,298,320; and 11,318,098 relating to messenger RNA-delivery technology.
Olartemoure Blog
AUGUST 11, 2023
Aiming to get better and clearer regulation, the Financial Superintendency of Colombia has extended an invitation to all interested parties to a public consultation space, where they may make suggestions to each of the Parts of the Basic Legal Circular. To facilitate the submission of suggestions, the FSC has made available an Excel Document which, once completed, may be sent to the e-mail super@superfinanciera.gov.co The deadlines for submitting suggestions will depend on the section of the Bas
JD Supra Law
AUGUST 11, 2023
Alexis Hunley v. Instagram has been referred to as one of the top copyright cases to watch this year. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.
Olartemoure Blog
AUGUST 11, 2023
The Superintendency of Industry and Commerce issued the Official Guide for Personal Data Protection Officers (the “Guide”), with the purpose of providing guidelines to data controllers and processors which intend to appoint a Data Protection Officer (“DPO”). Although there are no requirements under Colombian personal data protection regulations for organizations to appoint a DPO, the establishment of this position is considered as a good practice which aims to achieve com
JD Supra Law
AUGUST 11, 2023
Medical Device companies often need the U.S. Food and Drug Administration (FDA) to approve “indications for use” of their products–for use selling them in the U.S. Those same companies often seek U.S. patent protection so that they can profit from their inventions underlying those same products. In both cases, the companies seek to persuade federal government agencies to approve their requests.
The IPKat
AUGUST 11, 2023
In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). A recent EPO Examining Division office action appears to share similar concerns. In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art.
Managing IP
AUGUST 11, 2023
Sources at three companies and two firms say setting expectations, transparency, and honest communications are key to resolving invoice issues
IP Law 360
AUGUST 11, 2023
Intel and medical device company Edwards Lifesciences are taking their issues with the U.S. Patent and Trademark Office's power to deny patent reviews due to looming district court trials to the U.S. Supreme Court — telling the justices that the Patent Trial and Appeal Board is actually very bad at predicting trial dates.
CoCal IP Law Institute
AUGUST 11, 2023
Please join us Monday, August 14, 2023 where we will discuss Trademark Marking Notice and TTAB Issues. Specific issues will include: What are the requirements of Trademark Marking Notice and how do they affect damages in a lawsuit? What about Virtual notice? In TTAB cancellation or Opposition Proceedings, what topics are permitted in Reply Briefs?
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