Plagiarism Today
SEPTEMBER 20, 2023
The Copyright Claims Board is now more than one year old. Here are five ways that it could be improved to make it more usable and effective. The post 5 Simple Ways to Improve the Copyright Claims Board appeared first on Plagiarism Today.
Michael Geist
SEPTEMBER 20, 2023
Prime Minister Justin Trudeau was asked this week about concerns with the implementation of Bill C-18, to which he responded that other countries are quietly backing Canada in its battle against tech companies. I posted a reality check tweet noting that Meta is not returning to news in Canada, the law’s regulation stipulating a 4% fee on revenues is not found anywhere else, and that Bill C-18 has emerged as a model for what not to do.
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IP Watchdog
SEPTEMBER 20, 2023
Just two days after hundreds in the intellectual property community stood for U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman following her thoughtfully delivered words at IPWatchdog LIVE 2023, the CAFC’s Judicial Council released a 375-page Order suspending Judge Newman from all cases. The order upholds the July 31 recommendation of the Special Committee that is investigating Judge Pauline Newman that Newman be suspended from taking on case assignments for one year, “o
TorrentFreak
SEPTEMBER 20, 2023
It’s no secret that French file-hosting platform Uptobox has been in the crosshairs of rightsholders for some time. Founded in 2011, Uptobox gained popularity by making it easy for users to upload, store, and share files with others. In April 2023 alone, Uptobox received 34 million visits, roughly a third of those from France. News that Uptobox domains had been blocked by French ISPs emerged in May, but the service remained unfazed.
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?
Copyright Alliance
SEPTEMBER 20, 2023
It’s never been more challenging to be an independent music performer or songwriter. Before the pandemic, the number of full-time songwriters in one of our music cities, Nashville, had already […] The post Empowering Independent Musicians and Labels appeared first on Copyright Alliance.
JD Supra Law
SEPTEMBER 20, 2023
Of Counsel James Hastings will present a webinar titled "Managing Risks through IP Innovation Management Training" for Medmarc, the leading expert in the products liability risks facing medical technology and life sciences companies. The webinar will take place on Wednesday, October 4, 2023, at 2 pm ET. The event is free of charge and open to the public.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
SEPTEMBER 20, 2023
LKQ Corp. v. GM Global Technology Operations LLC has brought attention to the ongoing debate surrounding design patent law, particularly with respect to the Rosen-Durling test for design patent obviousness. The outcome of this case could have significant implications for the automotive industry and other sectors that rely on design patents to protect their intellectual property.
TorrentFreak
SEPTEMBER 20, 2023
When Russia invaded and then annexed Crimea in 2014, Ukraine’s vision for the future would be challenged like never before. On its western borders lay peace, opportunity, and the European Union. To the east, war, regression, and Vladimir Putin. Following Russia’s full-scale invasion in February 2022, even closer ties with the EU became a matter of national urgency for Ukraine.
IP Law 360
SEPTEMBER 20, 2023
Federal Circuit Judge Pauline Newman was suspended Wednesday from hearing any cases for one year, after the court's other active judges said their 96-year-old colleague derailed an investigation into whether she is mentally fit to serve as judge by not agreeing to medical tests.
IP and Legal Filings
SEPTEMBER 20, 2023
Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. They must not be used by anyone other than the artist himself. However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator.
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.
IP Law 360
SEPTEMBER 20, 2023
Wednesday's suspension of Federal Circuit Judge Pauline Newman by her colleagues amid an investigation into her mental fitness is an unfortunate outcome in a difficult case, which raises questions about the acrimonious process and does not reflect well on the court, experts said.
Biswajit Sarkar Copyright Blog
SEPTEMBER 20, 2023
Sonos and Google have finally ended their long patent infringement disputes. The primary contention here is that Google was accused of infringing Sonos’ patents covering their sound technology and smart speakers. Sonos, initially known as Rincon Audio, is an American company based in Santa Barbara, California. It was formed in 2002. It is engaged in the business of manufacturing audio products.
IP and Legal Filings
SEPTEMBER 20, 2023
Introduction Yoga is an ancient practice which incorporates breathing exercises, meditation and poses (or Asanas) devised to enhance physical and mental well-being [1]. The term ‘Yoga’ originated from the Sanskrit term ‘Yuj’ which means ‘to unite’. It is believed to have originated in the Indus Saraswati Valley civilization before 2700 BC. While nobody knows who invented Yoga Asanas, the Yoga Sutras compiled by the Indian sage Patanjali are considered to be one of the earliest organized resource
Patently-O
SEPTEMBER 20, 2023
by Dennis Crouch At the end of July 2023, a special committee of three Federal Circuit judges recommended a one-year suspension of Judge Newman for refusing to comply with various physical and mental examination requests to test whether she is suffering from a diminished capacity. The Federal Circuit’s judicial council has now unanimously* adopted the recommendation with the following order: Judge Newman shall not be permitted to hear any cases, at the panel or en banc level, for a period
JD Supra Law
SEPTEMBER 20, 2023
For better or worse, generative artificial intelligence (GenAI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing consumer application in history. Other popular generative AI tools such as Github Copilot, DALL-E, HarmonAI, and Runway offer powerful tools that can generate computer code, images, songs, and videos, respectively, with limited human involvement.
Kluwer Copyright Blog
SEPTEMBER 20, 2023
Photo by teisco from Pixabay In Greek mythology, the saga of Sisyphus personifies relentless and never-ending toil – condemned by the gods to an eternity of pushing a massive boulder up a steep hill, only to watch it roll back down again as he nears the summit. With 24 years of legal proceedings and a dozen court rulings behind them, both the German electronic music pioneers Kraftwerk and the German rapper/music producer Moses Pelham (and certainly their legal teams) must feel the Sisyphean orde
Herbert Smith Freehills
SEPTEMBER 20, 2023
Our research reveals entrenched fears over artificial intelligence's impact but its transformative potential is already stark.
JD Supra Law
SEPTEMBER 20, 2023
Case Name: UCB, Inc. v. Actavis Labs. UT, Inc., 65 F.4th 679 (Fed. Cir. Apr. 12, 2023)(Circuit Judges Moore, Chen, and Stoll presiding; Opinion by Stoll, J.) (Appeal from D. Del., Jordan, J.).
IP Law 360
SEPTEMBER 20, 2023
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
JD Supra Law
SEPTEMBER 20, 2023
Earlier this year, the Canadian Intellectual Property Office (CIPO) announced that it will increase its official fees on January 1, 2024. Earlier this summer, we wrote about the impact on patent fees, which are increasing by as much as 36%. In this article, we look at the resulting impact on Canadian trademark fees, which are also increasing by 20-35%.
IP Watchdog
SEPTEMBER 20, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a district court’s grant of summary judgment that Baxalta, Inc. and Baxalta GmbH’s Hemophilia patent claims are invalid for a lack of enablement. The court said the facts of the case are “materially indistinguishable from those in Amgen.”. While Baxalta tried to argue its screening process does not require the type of trial and error described in Amgen and instead “predictably and reliably generates new claimed antibodies ev
JD Supra Law
SEPTEMBER 20, 2023
In a decision that will surprise no one who has followed the situation in the past six months (see "Federal Circuit Special Committee Recommends One-Year Suspension of Judge Newman"), the Judicial Council of the Federal Circuit has ordered Judge Lorraine Newman to be suspended from the court for one year.
IP Law 360
SEPTEMBER 20, 2023
Orrick Herrington & Sutcliffe LLP is expanding its West Coast team, bringing in a Morrison Foerster LLP intellectual property litigator as a partner in its San Francisco office.
JD Supra Law
SEPTEMBER 20, 2023
IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response - In Axonics, Inc. v. Medtronic, Inc., Appeal No. 22-1532, the Federal Circuit held that 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.
LexBlog IP
SEPTEMBER 20, 2023
Contributory liability is important for brand owners to consider when seeking to enforce their trademarks online, especially when dealing with online marketplaces. The Ninth Circuit is the most recent circuit court to weigh in on the correct standard for evaluating such claims.
Herbert Smith Freehills
SEPTEMBER 20, 2023
Lloyds Banking Group Lloyds Banking Group (as well as five of its former directors) in defending a high profile claim brought by around 6,000 shareholders in relation to the acquisition of HBOS at the height of the financial crisis. The claim was heard in a 19 week trial in late 2017/early 2018. Judgment was handed down in November 2019 and Lloyds was successful in having all claims dismissed.
Patent Trademark Blog
SEPTEMBER 20, 2023
Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. Typically, design patents cover three-dimensional shapes without regard to any two-dimensional artwork that might be displayed on any surfaces.
LexBlog IP
SEPTEMBER 20, 2023
On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. Specifically, Section 203-f of the Labor Law renders unenforceable provisions in employment agreements that require employees to assign certain inventions to their employer which were developed using the employee’s own property and time.
The TTABlog
SEPTEMBER 20, 2023
In one of two oppositions consolidated by the Board, opposer sought to block registration of the marks BYLT BASICS and BYLT PREMIUM BASICS , each for “hoodies, jackets, pants, shirts, briefs as underwear, jogging pants, men’s underwear, short-sleeve shirts, underwear; all of the foregoing excluding motorcycle related clothing and apparel.” Opposer claimed likely confusion with its registered mark B.Y.L.T. for various clothing items and sports drinks.
LexBlog IP
SEPTEMBER 20, 2023
The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. The draft amendment rules can be accessed at – [link]. Some of the major changes proposed by the Draft Rules are as follows: Relaxation to provide detail of corresponding applications The Draft Rules recommend the r
IP Law 360
SEPTEMBER 20, 2023
A New York-based building supplier can't stop a California rival from allegedly bad-mouthing it to customers, a North Carolina state court judge has ruled, finding the Empire State company based its arguments for a temporary restraining order on speculation and hasn't shown the matter is an emergency.
Patently-O
SEPTEMBER 20, 2023
Baxalta Inc. v. Genentech, Inc. , No. 22-1461, — F.4th — (Fed. Cir. Sept. 20, 2023). The Federal Circuit recently affirmed a finding of invalidity for lack of enablement in Baxalta v. Genentech , holding that functional antibody claims were insufficiently enabled under 35 U.S.C. §112. Relying heavily on the Supreme Court’s Amgen v. Sanofi decision, the appellate panel found Baxalta’s disclosure to be analogous to Amgen’s “roadmap for further research” rather than a complete teaching
IP Law 360
SEPTEMBER 20, 2023
A Virginia federal judge has ruled in favor of Apple in a patent infringement lawsuit brought by Geoscope over patents relating to the geolocation of mobile devices, saying Geoscope's asserted patents cover abstract ideas.
JD Supra Law
SEPTEMBER 20, 2023
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: California has some of the strongest regulations on restrictive covenants. How can employers in the state protect trade secrets and remain in compliance? Epstein Becker Green attorneys Katherine G. Rigby, David Jacobs, and Phillip K.
IP Law 360
SEPTEMBER 20, 2023
The Trademark Trial and Appeal Board has refused a bid by a Tennessee soccer club to register a mark for the "Chattanooga Red Wolves SC" and an accompanying design, saying consumers may confuse it with goods representing Arkansas State University.
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