Plagiarism Today
DECEMBER 27, 2023
2023 was a banner year for copyright. However, the past 12 months also featured some real missteps and obvious mistakes. The post The 5 Dumbest Copyright Stories of 2023 appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 27, 2023
Erik wraps up a great 2023 at EMP&A in this special year-end episode. The post EMP&A Wrapped 2023 appeared first on Erik M Pelton & Associates, PLLC. Erik wraps up a great 2023 at EMP&A in this special year-end episode.
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Plagiarism Today
DECEMBER 27, 2023
Disney ordered to pay $600k over motion capture software, Indian court rules for studio and DMCA notices try to deindex Artemis 2 info. The post 3 Count: Motion Captured appeared first on Plagiarism Today.
The IPKat
DECEMBER 27, 2023
The issue of exhaustion of rights has been the subject of numerous decisions in the past few years [ IPKat here , here or here ]. This Kat has found an important recent ruling by the French Cour de Cassation involving this doctrine as applied to trade mark law. The issue was to determine whether the sale in a second-hand shop of cosmetic samples partially used or cosmetic products whose original packaging had been altered would amount to trade mark infringement.
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?
JD Supra Law
DECEMBER 27, 2023
Over the past year, we have seen the various agencies and branches of government issue a slew of rules, guidance, and directives over the use (and misuse) of Artificial Intelligence (AI). In May, the EEOC issued guidance on the use of automated systems in employment decisions. November 2023 brought the White House’s AI Executive Order, directing federal agencies to develop further guidelines around areas of privacy, national security, consumer protection, cybersecurity, and intellectual.
IP Close Up
DECEMBER 27, 2023
In a rare joint statement, intelligence leaders from the Five Eyes countries accused China of intellectual property theft and using artificial intelligence for hacking and Continue reading
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
DECEMBER 27, 2023
* For over a decade, I’ve implored people to stop using the term “Soft IP.” Amanda Levendowski now provides another reason: the term has problematic gender implications. * After II Movie, LLC v. Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Tex. Jan 31, 2023). Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. * Live Face on Web LLC v.
JD Supra Law
DECEMBER 27, 2023
As an update to our previous report, Biocon Biologics Ltd. (a subsidiary of Biocon Ltd.) announced the successful completion of the transition of the acquired biosimilars business in approximately 120 countries, a year ahead of schedule.
Trading Secrets
DECEMBER 27, 2023
Seyfarth Synopsis : Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023. As we reported most recently here , New York was set to join a number of states that prohibit non-compete clauses in employment agreements. In June 2023, the Legislature passed a bill that would have declared an outright ban on such agreements, with no exceptions, but its formal “delivery” to the Governor was dela
JD Supra Law
DECEMBER 27, 2023
On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is that for each posts the footnoting was renumbered for just the individual post.
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IP Watchdog
DECEMBER 27, 2023
In Part I of our year end summary of key developments regarding patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, we looked at various developments involving patent pools and reviewed some interesting damages awards and interlocutory decisions. In this installment, we consider a pair of antitrust cases dismissed in 2023 and explore what may come next on the policy front.
JD Supra Law
DECEMBER 27, 2023
Mickey Mouse is one of the most prolific cartoon characters of all time. Walt Disney incorporated in 1923 and first aired a video of Mickey Mouse (which I shall refer to as Mickey Mouse 1.0) in the short cartoon "Steamboat Willie" a movie about 7 minutes long. The movie was copyrighted in 1928. At the time, the law in effect was the 1909 Copyright Act which provided for a 28-year protection for the copyright, and another 28 years extension was possible, for a total of 56 years of protection.
The IPKat
DECEMBER 27, 2023
Recording a license agreement concerning an EU trade mark is not mandatory but has several benefits (see the EUIPO’s trade mark Guidelines ): The license has effects vis-à-vis third parties ( Art. 27(1) EUTMR ). The owner cannot surrender the EU trade mark without showing that the licensee has been informed of the owner’s intention to surrender ( Art. 57(3) sentences 2 and 3 EUTMR ).
JD Supra Law
DECEMBER 27, 2023
In the last month, there has been a flurry of activity at the PTAB related to challenges from biosimilar manufacturers related to ustekinumab, aflibercept, and eculizumab patents.
Michael Geist
DECEMBER 27, 2023
The final Law Bytes podcast of 2023 released last week took a look back at the year in digital policy. With the podcast on a holiday break, this post looks back at the ten most popular episodes of the year. Reviews and previews remain popular as did Bill C-11, Bill C-18, and discussion of the state of telecom competition in Canada. 1. The Law Bytes Podcast, Episode 176: A Mid-Summer Update on Bills C-11, C-18, the Government’s Cabinet Shuffle, and the Brewing Battle over Digital Taxes 2.
JD Supra Law
DECEMBER 27, 2023
Case Name: Purdue Pharma L.P. v. Accord Healthcare Inc., C.A. No. 22-913-WCB, 2023 WL 5835811 (D. Del. Sept. 8, 2023) (Bryson, J.) - Drug Product and Patent(s)-in-Suit: OxyContin® (oxycodone HCl); U.S. Patents Nos. 11,304,908 (“the ’908 patent”) and 11,304,909 (“the ’909 patent”).
IP Watchdog
DECEMBER 27, 2023
The most significant development in IP in Europe in 2023—indeed arguably the most significant in nearly 30 years—was the launch of the Unitary Patent and Unified Patent Court on June 1. The full implications of this are explored here. Beyond the UP and UPC, however, there were a number of. important developments in Europe affecting all the main IP rights.
JD Supra Law
DECEMBER 27, 2023
On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom. Whilst the judgment is in essence confined to the interpretation of “inventor” under the Patents Act 1977 (the “Act”), and not a broader policy debate on whether inventions devised by artificial intelligence (“AI”) alone should be patentable as such, it will no doubt continue to fuel the debate as to whether the law needs to be revisited to take into.
Patently-O
DECEMBER 27, 2023
by Dennis Crouch In a non-precedential decision, the Federal Circuit has affirmed a set of PTAB decisions canceling the claims of four patents owned by Carucel Investments L.P. (“Carucel”) — finding them invalid as obvious under 35 U.S.C. § 103. See Carucel Invs. L.P. v. Vidal, Nos. 2021-1731 (Fed. Cir. Dec. 26, 2023). The affected Carucel patents include U.S.
JD Supra Law
DECEMBER 27, 2023
In Hanagami v. Epic Games, the Ninth Circuit recently reversed the dismissal of a well-known celebrity choreographer’s claim that animated dances in Fortnite, a popular battle-royale style video game, infringed his copyright. Epic Games Inc. (Epic) owns Fortnite, which features animated characters performing short dances, including moves called “emotes.”.
LexBlog IP
DECEMBER 27, 2023
Seyfarth Synopsis : Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023. As we reported most recently here , New York was set to join a number of states that prohibit non-compete clauses in employment agreements. In June 2023, the Legislature passed a bill that would have declared an outright ban on such agreements, with no exceptions, but its formal “delivery” to the Gover
JD Supra Law
DECEMBER 27, 2023
Company H claimed that the “S” branded engines used in the motorboats it produced came from a lawful source and were used in a proper procedure, and that it had the right to make derivative use of the purchased engines, and that its use of the trademark “S” did not constitute trademark infringement. However, regardless of whether the engines originated from Company S’ joint venture or belonged to other companies, even if Company H had the right to dispose of the engines, including making changes
Patently-O
DECEMBER 27, 2023
by Dennis Crouch The patent battle between Masimo and Apple over pulse oximetry technology in the Apple Watch took a new turn on December 27th. Despite the recent import ban imposed by the U.S. International Trade Commission (ITC), Apple was granted a temporary stay by the U.S. Court of Appeals for the Federal Circuit. For now, this emergency ruling blocks the government from enforcing the exclusion order on certain Apple Watch models through at least mid-January.
JD Supra Law
DECEMBER 27, 2023
Before the trademark registrant applies for trademark registration, if another person has used a trademark that is identical or similar to the registered trademark and has a certain influence on identical or similar goods before the trademark registrant, the exclusive right holder of the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but may require it to attach appropriate distinguishing signs.
The IPKat
DECEMBER 27, 2023
This Kat has been receiving numerous inquiries from colleagues and friends, particularly well-versed in copyright law, about an AI-generated image copyright case in China. After reading the original judgment of this high-profile case carefully, this Chinese Kat brings her take on the case. Background Case reference: [(2023) Jing 0491 Min Chu No 11279], date: 27 November 2023.
JD Supra Law
DECEMBER 27, 2023
Standards for patenting antibodies have substantially tightened over the last few years restricting scope of antibody claims—or, in some cases, undermining the validity of granted patents. Most recently, Singapore updated guidelines to add a framework for analysis of antibody patentability. Although not all countries have written guidelines, this framework generally aligns with standards in other countries.
TorrentFreak
DECEMBER 27, 2023
Today, it’s common knowledge that IP-addresses and downloads of BitTorrent users can be easily monitored by tracking outfits. This inherent transparency has fueled thousands of lawsuits against alleged video pirates, both in the U.S. and around the world. In the United States, Strike 3 Holdings established itself as the absolute frontrunner in recent years.
JD Supra Law
DECEMBER 27, 2023
On December 15, 2023, Vertex announced that the Committee for Medicinal Products for Human Use of the European Medicines Agency has adopted a positive opinion for the conditional approval of CASGEVY (exagamglogene autotemcel [exa-cel]), a CRISPR/Cas9 gene-edited therapy, for the treatment of severe sickle cell disease (SCD) and transfusion-dependent beta thalassemia (TDT).
The IPKat
DECEMBER 27, 2023
In a recent case, the Cologne Regional Court (‘LG Köln’) decided that the slogan ‘Geimpft, gechipt, entwurmt’ (German for ‘Vaccinated, chipped, dewormed’) is not eligible for copyright protection ( 14 O 24/22 ). In this ruling, the court applied earlier German jurisprudence on copyright protection for slogans and other types of short phrases. Background The lawsuit was filed as a negative declaratory action by a print-on-demand web-site that was offering T-shirts with ‘2021’, ‘Vaccinated, chippe
JD Supra Law
DECEMBER 27, 2023
The U.K. Supreme Court has followed the lead of U.S. courts and denied patent rights to an artificial intelligence (AI) system. The case demonstrates a global trend in the current patent law regime to deny inventorship to AI systems based on statutory interpretation of “inventor.”.
The TTABlog
DECEMBER 27, 2023
The Board upheld a refusal to register the proposed mark CONCRETE PORN for "Advertising services, namely, providing a website for the promotion of concrete services and designs of others," finding that applicant's specimen of use failed to show a direct association between the mark and the recited services. In re SlurryMonster, LLC , Serial No. 90513717 (December 20, 2023) [not precedential] (Opinion by Judge Cheryl S.
JD Supra Law
DECEMBER 27, 2023
Especially during the holi-daze, it can be easy to let our safeguards down and fall prey to scammers looking to make a quick buck. Trademark applicants and registrants interacting with the U.S. Patent and Trademark Office (USPTO) often find themselves inundated with scam and spam communications, via email, snail mail, and even via the phone. To protect your identity and wallet, below are some safeguards you should use all year long to protect yourself against scammers pretending to be USPTO.
JD Supra Law
DECEMBER 27, 2023
In IPR2023-01058, the PTAB declined to institute IPR, finding that Patent Owner had disclaimed all challenged claims under 35 U.S.C. § 243(a), in compliance with 37 C.F.R. § 1.321(a), such that there was no basis on which to have a trial.
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