Hugh Stephens Blog

AUGUST 10, 2023

Like many people, my daughter is interested in acquiring a hybrid vehicle, to save on gas and to help save the planet. Among the models she has been looking at is the Toyota Prius, so when I saw a review of the 2023 Prius in the Driving section of my local paper, the Victoria Times-Colonist, … Continue reading "Google Blocked My News Search—So I Used Bing and Got the Information I Needed, Instantly!

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Plagiarism Today

AUGUST 10, 2023

OpenAI, the makers of ChatGPT, announced their new web crawler. Here's how to block it from your site and why you may want to do it. The post How to Block ChatGPT (And Why to Do It) appeared first on Plagiarism Today.

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SpicyIP

AUGUST 10, 2023

Image from here [This post is authored by SpicyIP Intern Varsha Sharma. Varsha is a 5th year law student pursuing B. A. LL.B (Hons.) from Jindal Global Law School, Sonipat.] In this post I will be dwelling on the aspect of vested substantive rights encompassed within procedural rules, from the perspective of the recent controversy raised in SAP Se vs Swiss Auto Products and Anr.

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Plagiarism Today

AUGUST 10, 2023

YouTube-dl site goes offline following court order, Safaricom appeals callback decision and DISH patents new DRM system. The post 3 Count: YouTube-dl Down appeared first on Plagiarism Today.

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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

AUGUST 10, 2023

A little over halfway through 2023, and nearing the end of the Patent Trial and Appeal Board’s (PTAB’s) fiscal year, we can take stock of an administrative body that is settling into a decade of precedent while big changes still loom. Unlike prior years, where policy changes resulted in statistical swings for institution rates, outcomes, amendment practice, and the like, this year has been more of an extension of previous trends (though institution rates are still creeping higher).

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SpicyIP

AUGUST 10, 2023

In Humanity Life Extension LLC v. Union of India , the Delhi High Court refused to read Rule 49.6 of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The Controller of Patents had earlier declined to entertain the petitioner’s national phase application on the ground that it breached the statutory deadlines set out in Rule 138 of

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The Illusion of More

AUGUST 10, 2023

One of the more challenging aspects of copyright advocacy is the fact that many artists and creators are conflicted about enforcing their own rights, and from observation, the disconnect is ideological. For the last 30 years, copyright skepticism has been woven into political narratives rooted in criticism of corporations and the excesses of capitalism—popular themes […] The post Before Generative AI, Big Tech Taught Artists to Abdicate Copyright Rights appeared first on The Illusion of Mo

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TorrentFreak

AUGUST 10, 2023

Two years ago, the RIAA secured a major victory in its piracy lawsuit against YouTube-rippers FLVTO.biz and 2conv.com and their Russian operator Tofig Kurbanov. A Virginia federal court issued a default judgment in favor of several prominent music companies after the defendant walked away from the lawsuit. According to the order, there is a clear need to deter the behavior of Kurbanov who failed to hand over evidence including server logs.

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Cogency Global

AUGUST 10, 2023

What this is : Assumed name registration (which can include DBA filings, trade name and fictitious name registration) establishes the use of a name and, in many states, prevents other entities from registering the same or similar name. What this means : Doing business under another name comes with a great many rules, requirements and renewal dates to track and manage.

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TorrentFreak

AUGUST 10, 2023

Copyright infringement lawsuits against pirate IPTV providers and those accused of assisting them, usually have a few common elements. To compensate for massive infringement, a demand for damages running to no less than eight digits often sets the stage, while an obligatory demand for a trial by jury shows early commitment to see things through. What typically follows are months of litigation followed by an announcement that there will be no trial because, against all odds, the parties have agre

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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 Law 360

AUGUST 10, 2023

In Microsoft v. ThroughPuter, the Patent Trial and Appeal Board recently found that a prior art reference did not qualify due to insufficient evidence it was publicly accessible, illustrating the Federal Circuit burden of proof on parties using an institutional printed publication as an invalidating reference, say Joseph Beauchamp and Alison Ibendahl at Jones Day.

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LexBlog IP

AUGUST 10, 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.

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IP Law 360

AUGUST 10, 2023

An Orange County, California, personal injury lawyer who had branded himself "Sweet James" is going to court against a Los Angeles County rival named Rafael Contreras Sweet who is drawing in personal injury cases under the name "Sweet Justice.

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JD Supra Law

AUGUST 10, 2023

On June 30, 2023, the U.S. Court of Appeals for the Federal Circuit granted a petition for rehearing en banc in LKQ Corp. v. GM Global Tech. Operations. The full court will consider whether forty years of established precedent regarding the obviousness of design patents should be revised or overturned in light of the Supreme Court’s KSR Int’l Co. v.

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IP Law 360

AUGUST 10, 2023

Activision on Thursday dropped its lawsuit asking a California federal judge to find that its video using the popular "It's enough slices!" TikTok audio doesn't infringe the publicity rights of the YouTuber behind the sound, just a few weeks after filing the litigation.

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The IPKat

AUGUST 10, 2023

August is going quickly , but this Kat has slowed down to reflect on the latest IP news. Here are the latest updates - along with a reminder to check out the IPKat's forthcoming events page. Designs law consultations The call for submissions on the proposed changes to the Australian design rights system are open until this Sunday, 13 August 2023 (AEST).

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IP Law 360

AUGUST 10, 2023

Bankrupt food waste recycler KDC Agribusiness LLC saw its Delaware Chapter 11 and business put at risk Thursday after a bankruptcy judge lifted a stay on a more than $300 million, 16-count trade secret misappropriation suit pending in the Court of Chancery since 2021

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Barry Sookman

AUGUST 10, 2023

In a recent UK case, Wright & Ors v BTC Core & Ors [2023] EWHC 222 (Ch) (07 February 2023), Justice Mellor ruled that the Bitcoin file format could not be protected by copyright. He did so on the basis that the fixation requirement for copyright subsistence was not met. In a blog post on the case, Bitcoin file format not protected by copyright: Wright v BTC Core, I wrote “the decision left me scratching my head” and argued, the case was wrongly decided.… The post Copyright may s

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IP Law 360

AUGUST 10, 2023

The California Institute of Technology has reached a "potential settlement" with Apple and Broadcom in a $1.1 billion patent dispute over data transmission systems, according to a filing in California federal court Thursday, a development that comes after the U.S. Supreme Court declined to consider the case.

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LexBlog IP

AUGUST 10, 2023

Florida law requires all businesses to file an annual report with the Florida Department of State, Division of Corporations (the “Department”). Annual reports are due between January 1 and May 1 of the year following the calendar year in which the business’ articles of organization/incorporation became effective or the foreign entity obtained a certificate of authority to transact business in this state.

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IP Law 360

AUGUST 10, 2023

Gilead has agreed to pay direct purchasers of its HIV medications $246.8 million, ending claims the pharmaceutical company cut a deal with Teva to delay generic versions after reaching an initial settlement on the eve of a trial earlier this year.

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LexBlog IP

AUGUST 10, 2023

IPNews® – A couple of months after going to the Supreme Court in a trademark dispute, Jack Daniels is back in another one. This time, the company is fighting to protect its OLD NO. 7 trademark. A sauce manufacturer filed a trademark application for a similar trademark, OLD NO.1 BBQ SAUCE which Jack Daniels is claiming is too similar.

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JD Supra Law

AUGUST 10, 2023

The U.S. Court of Appeals for the Federal Circuit's recent precedential opinion in In re: Float'N'Grill LLC clarifies the original patent requirement based on Title 35 of the U.S. Code, Section 251, that applies to reissue applications. Float'N'Grill differentiates the original patent requirement from the written description requirement and describes what is necessary to meet the original patent requirement.

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Copyright Alliance

AUGUST 10, 2023

This week we’d like to introduce you to Academy/Golden Globe Award Nominated Songwriter Taura Stinson. In addition to songwriting, Taura has also written and published her book “100 Things Every […] The post Creator Spotlight with Songwriter & Author Taura Stinson appeared first on Copyright Alliance.

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JD Supra Law

AUGUST 10, 2023

Following the district court’s finding of trademark infringement on summary judgment, the US Court of Appeals for the Sixth Circuit affirmed the district court’s subsequent award of profits, costs and attorneys’ fees in favor of the trademark holder. La Bamba Licensing, LLC v. La Bamba Authentic Mexican Cuisine, Inc., nka La Villa Rica Mexican Cuisine, Inc., Case No. 22-5853 (Gilman, Larsen, Nalbandian, JJ.).

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Corsearch

AUGUST 10, 2023

Creating and choosing a brand name can be both an exciting and daunting task. Ultimately, the name you choose will serve as the identity of your product or business for a long time to come. Here are some tips to make the process easier: 1. Start with brainstorming Before you commit to any particular theme or idea, cast your lens wider for ideas by brainstorming.

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JD Supra Law

AUGUST 10, 2023

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a lawsuit for lack of subject matter eligibility under 35 U.S.C. § 101 based on an Alice two-step analysis, with Judge Newman filing a sharp dissent focused on “the current law of § 101.” Realtime Data LLC v. Array Networks Inc., Case No. 2021-2251 (Fed. Cir. Aug. 2, 2023) (non-precedential) (Reyna, Taranto, JJ.

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IP Watchdog

AUGUST 10, 2023

Everyone's talking about artificial intelligence (AI), but not everyone's talking about it the same way. The tenor of the global conversation on AI ranges from dystopian fearmongering to evangelistic optimism. It's vital to know the prevailing mood in the territory where you plan to launch your AI-powered service, app, or consultancy. In this article, we'll briefly tour recent legislation, ethical conversations, and economic strategies to demonstrate how varied current thinking is on this revolu

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JD Supra Law

AUGUST 10, 2023

Enacted by Congress in 1984, the Hatch-Waxman Act balances the need for lower-cost prescription drugs and the protection of pharmaceutical innovations. While Hatch-Waxman litigation does not officially begin until the patent owner sues, success in Hatch-Waxman litigation begins well before that point. It is therefore important for pharmaceutical companies to consider the possibility of future Hatch-Waxman litigation when drafting their patent claims.

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The TTABlog

AUGUST 10, 2023

Applicant Exhart Environmental's application to register the product configuration shown below as a trademark for "non-metal garden stakes sold wholesale; Decorative garden accessories, namely, figurines of plastic sold wholesale" failed to achieve lift-off. The Board agreed with Examining Attorney Bridget Watson that Exhart's proof of acquired distinctiveness was insufficient to justify registration.

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JD Supra Law

AUGUST 10, 2023

By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation, including non-compete, trade secret, trademark, copyright, patent, and similar matters. Originally published on Arkansas Business - August 2023.

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Managing IP

AUGUST 10, 2023

It’s unclear which quantum computing patents will be valuable, and it can be difficult to understand the technology, say sources

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JD Supra Law

AUGUST 10, 2023

The Federal Circuit has vacated and remanded a non-obviousness decision of the Patent Trial and Appeal Board (PTAB or Board), finding that the context of the proposed combination of prior art wasn’t directed toward the context of the claim at issue. The case is Axonics, Inc. v. Medtronic, Inc.

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Managing IP

AUGUST 10, 2023

Alexion obtained a preliminary injunction in Munich barring Amgen from selling a biosimilar version of its antibody drug

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JD Supra Law

AUGUST 10, 2023

The passage of the Protecting American Intellectual Property Act of 2022, 35 USC § 1709 (PAIPA), earlier this year underscored Congress’s continued aggressive approach to protecting domestic trade secrets from misappropriation by foreign actors. PAIPA mandates the imposition of sanctions from a sanctions menu where the president finds that a “foreign person” has either engaged in or is providing significant support for a “significant theft” of trade secrets of US persons.

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