Intellectual Property Law Blog

APRIL 18, 2023

Recent patent cases have made it more difficult to obtain utility patent protection for some of the functional aspects of computer software. One way to, at least partially, overcome this is to consider design patent protection for computer generated icons and certain aspects of the graphical user interface (GUI) elements of a computer program. Strategic use of design patents can be an important part of an overall patent strategy.

Design Patent 241

Design Patent Designs Design Patent 241

Plagiarism Today

APRIL 18, 2023

Nexon sues Ironmace over Dark and Darker, Korean pirate site noonoo closes its doors and Cam'ron sued over a famous photograph. The post 3 Count: No Noonoo appeared first on Plagiarism Today.

Plagiarism 199

Plagiarism Copyright 199

Erik K Pelton

APRIL 18, 2023

Whether your brand is small or large, new or established, there are many things you can do to strengthen it, including these 5 free tips from Erik. The post 5 Free Ways to Strengthen Your Brand appeared first on Erik M Pelton & Associates, PLLC. Whether your brand is small or large, new or established, there are many things you can do to strengthen it, including these 5 free tips from Erik.

Branding 130

Branding Brands Branding 130

Plagiarism Today

APRIL 18, 2023

Korean video game giant Nexon has filed a lawsuit against Ironmace over Dark and Darker, here's what's in the actual lawsuit. The post Understanding the Dark and Darker Lawsuit appeared first on Plagiarism Today.

Plagiarism 190

Plagiarism Copyright Law Law Copyright 190

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?

Technology

IP Watchdog

APRIL 18, 2023

The Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing today featuring a panel of patent-savvy witnesses to underscore the crucial role intellectual property plays in the U.S. economy and to define the biggest threats to IP rights, both foreign and domestic. The conclusion of most panelists as to what one step is most important in reestablishing the United States as an IP powerhouse was that we need to clean up our own IP system at home in order to even begin addre

IP 136

IP Intellectual Property Patent Government 136

TorrentFreak

APRIL 18, 2023

Ever since its launch in 2009, rightsholders have complained that file-hosting platform 1fichier.com fails to take intellectual property rights seriously. 1fichier operates a “freemium” business model which allows users to access the platform for free and then pay a fee to have various restrictions removed. 1fichier allows user content to be accessed via links posted elsewhere, meaning that when users upload infringing content, links render that content available to the public.

Copying 125

Copying Publishing Intellectual Property Copyright Infringement 125

TorrentFreak

APRIL 18, 2023

The official stable release of the first person shooter game Dark and Darker is eagerly awaited by hundreds of thousands of fans. Whether the full game will actually be released is uncertain, however, as the game is at the center of a legal dispute. Last month, police in South Korea raided the offices of Dark and Darker’s developers, local game studio Ironmace.

Copyright Infringement 110

Copyright Infringement Copyright Copying Publishing 110

IP Watchdog

APRIL 18, 2023

In January of this year, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from using noncompete clauses for their employees. In an announcement, the FTC said that the use of noncompete clauses is “a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.

Business 122

Business Government Intellectual Property IP 122

McKinsey Operations

APRIL 18, 2023

The steel industry’s outlook for the next ten years remains fragile. Company leaders can adopt a strategic approach to ride out uncertainties and mitigate risk while the industry is being reshaped.

104

104

Copyright Alliance

APRIL 18, 2023

ESG (Environmental, Social, and Governance) has become an important buzz-word among publicly traded companies recently, especially as some investment funds seek to do well by investing in companies with strong […] The post Respect for Copyright as a Component of ESG appeared first on Copyright Alliance.

Copyright 101

Copyright Government 101

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.

Patent

IP Intelligence

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. The case was probably a bad test case anyway, as it involved some very functional aspects of some very functional code – the declaring code (which acts as a set of signposts pointing the software to where certain c

Copyright 98

Copyright Fair Use Copying Public Domain 98

Velocity of Content

APRIL 18, 2023

The following is an excerpt from Accessing and Analyzing Relevant Content in Today’s Information Chaos.   The use of analytics to drive decision making in life sciences is nothing new. Yet, as the explosion in data and information has spread pervasively across research and development organizations, putting these treasure troves of data to use has become a priority.

Art 98

Art Publishing Technology Copyright 98

Kluwer Copyright Blog

APRIL 18, 2023

Image by Gerd Altmann from Pixabay The removal of SIAE’s repertoire from Meta’s social networks “This song is currently unavailable” or “The audio track in your reel is no longer available. You can replace the audio track once, which will also remove any original audio in your reel”. These are some of the messages appearing on Instagram or Facebook to users who have synchronized their stories or reels with Italian songs.

Music 98

Music Art Licensing Copyright 98

JD Supra Law

APRIL 18, 2023

As technology and regulatory frameworks evolve, artificial intelligence ("AI") legal issues have emerged as a key topic in transactional, litigation, and regulatory compliance contexts. Jones Day partners Laurent De Muyter, Carl Kukkonen, Stefan Schneider, and Emily Tait discuss the European Union's implementation of a comprehensive framework for governing the flow of data, digital services, and AI, while the United States is still exploring regulation.

Government 98

Government Litigation Technology 98

Michael Geist

APRIL 18, 2023

Twitter and the CBC were in the spotlight yesterday with Twitter’s decision to add a “government funded media” label to the CBC Twitter account. The label is defined by Twitter as a media organization “where the government provides some or all of the outlet’s funding and may have varying degrees of government involvement over editorial content.” CBC responded by tweeting it would pause its Twitter activities because suggesting that its journalism was anything other than impartial and independent

Government 96

Government Television Licensing Journalism 96

JD Supra Law

APRIL 18, 2023

In recent years, cloud computing has gained popularity as a technology that gives both organizations and consumers access to scalable computer resources and services on demand. As cloud computing becomes more ubiquitous, businesses operating in the space should develop an intellectual property (IP) strategy for protecting innovations.

IP 98

IP Intellectual Property Business Technology 98

The IPKat

APRIL 18, 2023

Normal 0 false 21 false false false DE X-NONE HE Being dynamic is often considered an asset. Algorithms may, however, be too dynamic and cause legal problems, as the case discussed below shows. Google offers an advertising service called Dynamic Search Ads. As in the case of ‘traditional’ Google Ads, the ad appears above or on the right-hand side of the search results.

Advertising 87

Advertising Advertising Contracts Registration 87

JD Supra Law

APRIL 18, 2023

One of the principal means of technology transfer used by the U.S. Government, and frequently by the Department of Defense (DoD), is the Cooperative Research and Development Agreement (CRADA). It was created by the Stevenson-Wydler Technology Innovation Act of 1980, the first major U.S. technology transfer law. CRADA exists when a government laboratory enters into an agreement with a partner under the authority of the Federal Technology Transfer Act of 1986*.

Government 98

Government Technology Law 98

McKinsey Operations

APRIL 18, 2023

2022 was overshadowed by inflation. As that shadow is lifting, European grocers are gearing up for future growth by investing in private labels, retail media, automation, and sustainability.

92

92

JD Supra Law

APRIL 18, 2023

The PTAB recently handed down two consequential inter partes review decisions that emphasize the importance of the stated function for an agent specified in the claims. In particular, the PTAB held that glucose, which is a component of an anticoagulant used in the prior art, is not “an agent that inhibits cells lysis” simply because it can maintain isotonicity and provide a nutrient source to cells.

Art 98

Art 98

IP Close Up

APRIL 18, 2023

Lack of basic intellectual property understanding among executives and creators undermines the impact of inventions, content and brands and leaves value on the table.

Intellectual Property 89

Intellectual Property Invention Branding Brands 89

JD Supra Law

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs.

Copyright 98

Copyright Copying 98

McKinsey Operations

APRIL 18, 2023

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

Business 81

Business 81

JD Supra Law

APRIL 18, 2023

The Canadian Agency for Drugs and Technologies in Health (CADTH) has released a consultation document for a Proposed Process for Time-limited Reimbursement Recommendations. The time-limited reimbursement recommendations would be contingent on a future reassessment with further evidence about the comparative clinical benefit and cost-effectiveness of the drug or drug regimen under review.

Reporting 98

Reporting Technology 98

Patently-O

APRIL 18, 2023

by Dennis Crouch NST Global, LLC, dba SB Tactical v. Sig Sauer Inc. (Supreme Court 2023) This case has a low chance of being granted certiorari, but it still has some interesting elements regarding claim construction and procedure. This is a perfect case for the Supreme Court to issue a GVR (Grant-Vacate-Remand) with an order to the Federal Circuit to explain its reasoning.

Copying 75

Copying Patent Infringement Art Patent 75

JD Supra Law

APRIL 18, 2023

As artificial intelligence (AI) powered applications continue to increase in popularity, the National Telecommunications and Information Administration (NTIA) now seeks comments and public input with the aim of crafting a report on AI accountability.

Reporting 97

Reporting 97

43(B)log

APRIL 18, 2023

Zest Anchors, LLC v. Geryon Ventures, LLC, 2023 WL 2903668, No. 22-CV-230 TWR (NLS) (S.D. Cal. Apr. 10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. The alleged trade dress was the insert colors and “distinctively-shaped” gold abutments.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

Christopher Roser

APRIL 18, 2023

One of the main hindrances for proper lean manufacturing is, in my view, management by numbers. While few managers actively do management by numbers, a quantitative measurement is still often preferred. The problem is if you can measure the cost but not the benefits of something…which often happens in lean manufacturing. Now let me rant. Read more The post The Danger of Management by Numbers first appeared on AllAboutLean.com.

72

72

IP Law 360

APRIL 18, 2023

Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

75

75

Patently-O

APRIL 18, 2023

Take the 1-question survey on LinkedIn. The basic underlying question has to do with whether an NDA or other agreement can effectively limit an inventor’s ability to pursue patent protection — even in circumstances where the inventor has not transferred patent rights. [Unfortunately, LinkedIn won’t let me embed the survey here].

Ownership 69

Ownership Inventor Patent 69

IP Law 360

APRIL 18, 2023

The Federal Circuit has backed a Patent Trial and Appeal Board decision that found Netflix was able to show that a DivX patent on compressed digital video technology was invalid as obvious.

Patent 75

Patent Technology 75

The IPKat

APRIL 18, 2023

If you missed last week's posts, it's not too late to catch up. A Kat enjoying Spring Trade marks and GIs Anastasiia Kyrylenko reflected on how wars affect geographical indications (GIs). Specifically, Anastasiia focused on the impact of World War I on the history of camembert, a French cheese. Anna Maria Stein discussed relevant considerations for brand owners filing trade mark applications for environmentally friendly or sustainable goods and services.

IP 67

IP Branding Brands Branding 67

IP Law 360

APRIL 18, 2023

Vehicle manufacturers and suppliers should expect issues stemming from communications technology, dynamic global trade and a particularly prolific patent court to play outsize roles in the automotive industry's intellectual property scene this year, say attorneys at Crowell & Moring.

Intellectual Property 75

Intellectual Property IP Technology Patent 75

McKinsey Operations

APRIL 18, 2023

Serial entrepreneur Tomáš Čupr takes us behind the scenes of Rohlik, a fast-growing online grocer founded in 2014 in the Czech Republic that caters to affluent urban shoppers.

69

69

IP Law 360

APRIL 18, 2023

The estate of renowned keyboardist Bernie Worrell is attempting to re-litigate already dismissed royalty accounting claims for his contributions to songs recorded in the 1970s and 1980s that are too old to litigate, one of Worrell's former bandmates, George Clinton, said Tuesday in his bid to have the case dismissed.

Copyright 75

Copyright Litigation 75