Mon.Feb 26, 2024

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What Does Fair Use and Fair Dealing Mean in an Age of Artificial Intelligence (AI)

Hugh Stephens Blog

Image: Shutterstock For those of you who may have missed it, this is “Fair Use and Fair Dealing” week, sponsored once again this year by the Association of Research Libraries in the US and the Canadian Association of Research Libraries in Canada.

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Why Using AI for Research Papers is a Bad Idea

Plagiarism Today

A recent study from Indiana University highlights why using AI in academic publishing is a very, very bad idea. The post Why Using AI for Research Papers is a Bad Idea appeared first on Plagiarism Today.

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Federal Circuit Rules on when the Patent Trial and Appeal Board is Engaging in Erroneous Claim Construction

Intellectual Property Law Blog

EcoFactor, Inc. is the holder of U.S. Patent No. 8,498,753, titled “System, Method and Apparatus for Just-In-Time Conditioning Using a Thermostat,” which focuses on optimizing climate control systems, particularly HVAC systems, in residential and commercial buildings. The patented technology utilizes a thermostat that considers external weather conditions and the thermal characteristics of individual structures to dynamically adjust temperature settings, aiming to improve energy efficiency and c

Patent 130
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3 Count: Hiss, Pop and Crackle

Plagiarism Today

Music companies hit back at Internet Archive, piracy group members arrested in Canada and Michigan bar settles with ASCAP. The post 3 Count: Hiss, Pop and Crackle appeared first on Plagiarism Today.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication

Intellectual Property Law Blog

In Weber, Inc. v. Provisur Techs., Inc., Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024) , the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art printed publications based on the public accessibility of the operating manuals. Background In response to an infringement case filed by Provisur, Weber filed two inter partes review (“IPR”) petitions to invalidate two patents owned by Provisur, based on Weber’s operating m

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Trademark Lessons from The Bear

Erik K Pelton

The following is an edited transcript of my video Trademark Lessons from The Bear. The Bear is a great television show about a restaurant—specifically building out a restaurant—and my family is in the restaurant business, so it hits close to home for me. Here’s a few trademark lessons that we can learn from The Bear. In the restaurant industry, there’s always some emergency, something going wrong.

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More Trending

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A New Supreme Court Case Could Take a Toll on Copyright Trolls

JD Supra Law

We have seen a noticeable uptick in lawsuits commenced by “copyright trolls” in recent years, including against businesses in the manufacturing space. The Supreme Court is currently considering a case that could have a significant impact on the viability of typical copyright troll claims and, more broadly, the continued prevalence of copyright trolling.

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Transamerica v. Moniker Online: When domain registrars go bad

Likelihood of Confusion

[stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. v. Moniker Online Services, 672 F.Supp.2d 1353 (S.D. Fla. 2009), which stands for the proposition that, yes, a domain name registrar can be liable for contributory trademark infringement arising from the directly infringing acts of its clients. The decision is over […] The post Transamerica v.

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Caterpillar Owes $12.9M In Wirtgen IP Case, Jury Says

IP Law 360

A federal jury in Delaware has found that Caterpillar owes machinery manufacturer Wirtgen about $12.9 million for infringing five road-milling machine patents, counsel for Wirtgen said.

IP 98
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The Law Bytes Podcast, Episode 193: The Online Harms Act is Nearly Here – A Backgrounder and Preview

Michael Geist

The government plans to introduce the Online Harms Act later today, bringing forward long-delayed legislation that will include new responsibilities and liabilities for Internet platforms alongside an extensive complaints and enforcement governance structure. What is likely to be Bill C-63 will focus on protecting children online and will be the most contentious of the government’s Internet regulation bills given the challenge of balancing safeguards with freedom of expression.

Law 87
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IPO Diversity in Innovation Toolkit

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.

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Catching Up With Delaware's Chancery Court

IP Law 360

Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

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The Future Was Then: AI Moving Us Backwards on Carbon Emissions

The Illusion of More

As the Super Bowl approached and passed, it seemed that one faction of Americans was accusing Taylor Swift of practicing witchcraft on the NFL while another was slagging her for the carbon output of her private jet—reportedly about 8,300 tonnes of CO2e in 2022. And although it is fair to expect owners of private aircraft […] The post The Future Was Then: AI Moving Us Backwards on Carbon Emissions appeared first on The Illusion of More.

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Vape Wholesaler TM Dispute Booted From Illinois Court

IP Law 360

An Illinois federal judge on Monday dismissed a trademark dispute between HS Wholesale Ltd. and HS Global Distribution LLC, saying HS Global doesn't have sufficient contact with the state for the court to have jurisdiction over the claims.

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No patents, no problem: how Formula 1 technology races ahead without patent protection

JD Supra Law

As arguably the most technologically advanced sport in the world, where cutting-edge R&D is critical to achieving results on the track, it would be reasonable to assume that patents play a pivotal role in protecting innovation within Formula 1. Yet patent applications are rarely filed by F1 teams. Why is this? And, if not by patent protection, how do F1 teams protect their IP in order to maintain a competitive advantage in the sport?

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Intel Calls VLSI 'Desperate' In Fight Over License Defense

IP Law 360

Intel and VLSI are continuing to escalate their multivenue dispute over how to decide whether Intel already has a license to VLSI's patents, with the tech company telling the Federal Circuit the patent owner is "desperate to avoid" a California trial, and VLSI saying that trial "would be an enormous waste of party and judicial resources.

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Comments on the NetChoice/Moody/Paxton SCOTUS Oral Arguments

Technology & Marketing Law Blog

In 2021, Florida and Texas enacted “social media censorship” laws. These laws were never serious policy proposals; instead, the legislatures simply wanted to signal to voters that they hated “Big Tech.” The laws assembled a multitude of disparate policy ideas about how the legislatures could “censor” social media platforms.

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New Hydrogen Regulations Show The Need For IP Protections

IP Law 360

The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

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The Pitch - February 2024

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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Wrestling Legends and Legal Smackdowns

Nelligan Law

Reading Time: 2 minutes In the colorful circus of professional wrestling, where muscle-bound behemoths clash and melodrama reigns supreme, the saga of intellectual property rights unfolds like a soap opera on steroids. Picture this: the ring, a stage for both body slams and legal dramas, where the stakes are as high as the top rope and the tension thicker than a wrestler’s neck.

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Beware: Caller ID spoofing the latest scam targeting trademark owners

JD Supra Law

In a February 2, 2023, article titled “USPTO warns of new spoofing scam targeting trademark owners,” we warned you about a spoofing tactic where scammers were calling trademark owners using “spoofing” to hide their true identity, falsely representing to be employed with the U.S. Patent and Trademark Office (USPTO), and seeking personal and financial information.

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Navigating the Legal Maze: A Comprehensive Policy Analysis of Online Betting and Gambling Laws in India

IP and Legal Filings

Abstract This article delves into the complex world of gambling and online betting laws in India, examining their historical context and the existing regulatory framework. It highlights the need for a clear and comprehensive policy for online betting and gambling in the country. The analysis covers the challenges and opportunities associated with legalizing online sports betting, with a focus on addressing issues like match-fixing, revenue generation, and black money circulation.

Law 70
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Steps to consider before sending a cease-and-desist letter

JD Supra Law

The intellectual property (IP) of your business has value. IP can take several forms, including patent and trademark registrations, or intellectual property rights arising from common law, such as trade secrets, confidential information, or unregistered trademarks.

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Honeywell Says Texas Analytics Co. Infringed 5 Patents

IP Law 360

Honeywell International Inc. has accused a Texas-based analytics company of infringing five of its software patents, telling a Texas federal court that the company's sale of its products was at least "objectively reckless" in regard to potential patent infringement.

Patent 75
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Skeptical of the Second Circuit: U.S. Supreme Court Hears Arguments on Copyright Damages

JD Supra Law

On Wednesday, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more than three years prior to filing suit. The Eleventh Circuit’s decision was based on the discovery accrual rule, which begins the limitations period at the moment a plaintiff becomes aware of or should reasonably learn of the infringement upon which a claim is based.

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UK Photog Drops Copyright Claims Against Cannabis Co.

IP Law 360

A photographer who accused a cannabis licensing firm of using his image of the Empire State Building to push sales without his say-so has quietly dropped his copyright suit in New York federal court.

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Federal Circuit Rules on when the Patent Trial and Appeal Board is Engaging in Erroneous Claim Construction

JD Supra Law

EcoFactor, Inc. is the holder of U.S. Patent No. 8,498,753, titled “System, Method and Apparatus for Just-In-Time Conditioning Using a Thermostat,” which focuses on optimizing climate control systems, particularly HVAC systems, in residential and commercial buildings. The patented technology utilizes a thermostat that considers external weather conditions and the thermal characteristics of individual structures to dynamically adjust temperature settings, aiming to improve energy efficiency and.

Patent 68
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US News rating was mere opinion except as to school that intentionally submitted bad information to it

43(B)log

Favell v. Univ. of Southern Cal., 2024 WL 751006, No. CV 23-3389-GW-MARx (C.D. Cal. Jan. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. USC had a business relationship with 2U, an education technology startup, to develop an online Master of Arts in Teaching program.

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Federal Circuit Instructs PTAB How to Apply Public Accessibility Standard

JD Supra Law

WEBER, INC. v. PROVISUR TECHNOLOGIES, INC. - Before Reyna, Hughes, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: Copyright notices in product manuals, which prohibited their reproduction and transfer, did not remove the manuals from the prior art.

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Falsely advertising "ghost guns" as legal in NY is actionable

43(B)log

State of N.Y. v. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y. Feb. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. The court explains the allegations: A “frame” is the core part of a handgun or pistol, and a “receiver” is the core part of a rifle, shotgun, or other long gun.

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Alvotech Announces More Settlements and Expected Launch Dates Regarding Biosimilar to STELARA (ustekinumab), AVT04

JD Supra Law

On February 15, Alvotech announced that it reached more settlement agreements with Johnson & Johnson for ATV04, Alvotech’s biosimilar to STELARA (ustekinumab). The settlements cover Canada, the European Economic Area, and Japan, clearing the way for Alvotech to launch AVT04 in those markets, where AVT04 has already received regulatory approval.

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CAFC Affirms Albright Rulings in Alexa Shopping List Patent Suit

IP Watchdog

On February 26, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Freshub, Ltd. v. Amazon.com, Inc., affirming a ruling by U.S. District Judge Alan Albright of the Western District of Texas in the face of appeals from both parties to the case. The Federal Circuit left the lower ruling intact after finding that the record developed at trial did not establish clear error with regards either to Freshub’s patent infringement allegations or Amazon’s inequitable condu

Patent 58
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PTAB Issues Sanctions for Attempted Extortion During “Settlement Negotiations”

JD Supra Law

Director Vidal recently issued sanctions against OpenSky Industries (“OpenSky”) for attempted extortion during settlement negotiations and abuse of the IPR process for US Patent 7,725,759 and awarded $413,264.15 to VLSI Technology LLC (“VLSI”).

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When is a lawyer sufficiently independent?

The IPKat

Before the General Court and the Court of Justice of the EU (‘CJEU’), parties must be represented by a lawyer. Not every lawyer that is formally a lawyer under national law is also a ‘lawyer’ within the meaning of EU law, as the CJEU’s decision in bonnanwalt v EUIPO shows (case C-580/22 ). Background The appellant, bonnanwalt Vermögens- und Beteiligungsgesellschaft mbH (‘bonnanwalt’), filed an application for revocation based on non-use ( Art. 58(1)(a) EUTMR ) against the EU trade mark ‘ tagessc

Art 57
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[Video] 4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation

JD Supra Law

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions on patent case-law and developments in the areas of ethics in patent law, patent-eligible subject matter, claim construction, inequitable conduct, popular litigation venues, Inter Partes Review, and other patent-related issues.

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Sales Reps Score $1.6M In Fees After Beating RICO Case

IP Law 360

A federal judge in Los Angeles has ordered a biotech startup to pay more than $1.6 million in legal fees to two former employees, after the company failed to convince a jury that the pair broke racketeering laws when they worked for a rival that stole proprietary information when setting up shop.

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