Kluwer Copyright Blog

NOVEMBER 27, 2024

Generated with OpenAI’s DALL-E 3 model based on a prompt corresponding to the wording of Recital 106 AI Act Introduction The interaction between the AI Act ( Regulation 2024/1689 ) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today. One particularly controversial point of intersection is the AI Act’s attempt, through recital 106, to give extraterritorial effect to its copyright-related provisions.

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Copyright Copyright Law Marketing Marketing 137

TorrentFreak

NOVEMBER 27, 2024

Law enforcement operations targeting pirate sites and services are often enthusiastically described as ‘large-scale’ or ‘major’ If reports emerging from authorities in Italy hold true, describing the international operation that culminated early this morning as massive, wouldn’t be an exaggeration. Operation Takendown is said to have targeted what may be the largest pirate IPTV network serving Europe, authorities say, and the numbers involved are some of the largest

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Social Media Reporting Advertising Advertising 121

JD Supra Law

NOVEMBER 27, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir. Upholds Injunction in OpenAI v. Open AI - The U.S. Court of Appeals for the Ninth Circuit recently upheld a preliminary injunction against Open Artificial Intelligence, Inc.

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Trademark IP Patent 112

TorrentFreak

NOVEMBER 27, 2024

In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.

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Music Copying Law Technology 106

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 Law 360

NOVEMBER 27, 2024

Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.

Litigation 96

Litigation Law 96

JD Supra Law

NOVEMBER 27, 2024

On November 15, 2024, in Dallas, Texas, a 27-year-old social media influencer fought a 58-year-old boxing legend and approximately 108 million people tuned in to witness the spectacle. While not quite the Super Bowl, the impressive numbers speak to the popularity of Mike Tyson and Jake Paul. For reference, the most watched show in the United States during any given week is Sunday Night Football (NBC) with approximately 20 million viewers.

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Social Media Marketing Marketing Branding 81

JD Supra Law

NOVEMBER 27, 2024

The Federal Circuit heard oral argument on November 8, 2024, grappling with the issue of what patent claims may properly be listed in the Orange Book. In late 2023, Teva filed a complaint for patent infringement in response to Amneal’s ANDA filing seeking to make and sell a generic version of ProAir HFA (albuterol sulfate) Inhalation Aerosol (“ProAir”).

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Patent Infringement Patent 72

IP Watchdog

NOVEMBER 27, 2024

This week in Other Barks & Bites: OpenAI files a response letter denying it deleted evidence in its copyright dispute with The New York Times; Google and the Department of Justice make their final arguments in online ad monopoly case; music economist Will Page releases report claiming music copyright industry is in a boom time.

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Music Reporting Copyright Patent Infringement 59

JD Supra Law

NOVEMBER 27, 2024

In Airbnb Inc v Seth Bolt and Victoria Bolt, the Trademark Trial and Appeals Board (TTAB) ruled in favour of opposer Airbnb Inc., against applicants Seth and Victoria Bolt. The board’s decision was influenced by, among other things, Airbnb’s strong market presence and the applicants’ use of its website platform to market their properties.

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Marketing Marketing Trademark 70

Cogency Global

NOVEMBER 27, 2024

What this is : When businesses attempt to register, dissolve or terminate their authority to operate in a state, they may encounter delays due to missing agency approvals. What this means : Tax clearance is required in many states before dissolution and withdrawal filings can proceed. Other agency approvals may be required on these and other types of filings.

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Business 61

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

JD Supra Law

NOVEMBER 27, 2024

A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals, Inc. (CyDex) filed a breach of contract action against Bexson Biomedical, Inc. (Bexson) on August 28, 2024, seeking a judgment that it co-owns Bexson’s recent patent and related applications, and specific performance assigning such ownership rights to CyDex.

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Ownership Intellectual Property Patent Contracts 67

IP Law 360

NOVEMBER 27, 2024

A hearing on a motion to dismiss the Chapter 11 case of an entity tied to the Miss America pageant will wait until after the competition wraps up in January, a Florida bankruptcy judge ruled Wednesday, allowing for discovery among two parties disputing the proper ownership of the organization.

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Ownership 52

JD Supra Law

NOVEMBER 27, 2024

In Silvergate Pharmaceuticals, Inc. v. Bionpharma Inc., the US District Court for the District of Delaware decided an open question regarding pre-filing investigation and attorney fees under Title 35 of the US Code, Section 285, and offers of confidential access (OCAs) under the Hatch-Waxman framework.

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Confidentiality 67

IP and Legal Filings

NOVEMBER 27, 2024

Introduction In the most normal of instances, a trade mark is registered either in the form of a word mark i.e. the name of the product/brand or as a device mark i.e. the logo of the product/brand. This is the usual manifestation of a trade mark, when registered in India. However, in some rare instances there are some other peculiar forms of trade mark registrations as well.

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Trademark Registration Branding Branding 52

JD Supra Law

NOVEMBER 27, 2024

In today’s dynamic market, brand partnerships with artists and musicians have become a powerful strategy for companies looking to enhance their visibility and connect with active and aligned audiences. These campaigns can also benefit artists looking to better understand their audience and drive engagement.

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Branding Branding Brands Marketing 67

IP Law 360

NOVEMBER 27, 2024

An executive for a patent-licensing company that's pursuing infringement litigation against numerous restaurants over a patent that lets customers place mobile orders using a real-time menu that can make personalized suggestions accused Starbucks and its Baker Botts LLP attorney in a lawsuit Wednesday of making defamatory statements about him.

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Inventor Licensing Litigation Patent 52

JD Supra Law

NOVEMBER 27, 2024

In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101. The Federal Circuit decision affirmed the applicability of the party presentation principle with respect to issues of patent eligibility under Section 101; as with other grounds of invalidity, the district court’s role in patent eligibility is limited to determining whether.

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Patent 65

IP Law 360

NOVEMBER 27, 2024

A small California tech company is arguing that a Federal Circuit panel created a "rigid new rule" when a panel majority upheld a decision rejecting so-called "because I said so" trial testimony from the company's expert in patent infringement litigation against Comcast's Xfinity app.

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Patent Patent Infringement Litigation 52

JD Supra Law

NOVEMBER 27, 2024

Last month, the creators of beloved characters like “Superman” and “Spider-Man” declined to come to their own rescue when their SUPER HERO and SUPER HEROES registrations were cancelled by a default judgment from the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (the “Board”).

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Trademark Registration Patent 65

IP Law 360

NOVEMBER 27, 2024

Numerous major companies and industry groups have asked the full Federal Circuit to rule that district judges must carefully scrutinize expert testimony seeking large damages in patent cases and exclude unreliable opinions, rather than allowing juries to decide how much weight to give them.

Patent 52

Patent 52

JD Supra Law

NOVEMBER 27, 2024

While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect their innovations – or fend off others doing the same. In this article from the New York Law Journal, Baker Botts’ co-head of the AI practice group Rich Harper breaks down how traditional trade secret laws could apply to rapidly advancing AI tech.

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Litigation Journalism Publishing Law 65

IP Law 360

NOVEMBER 27, 2024

A California federal judge says Bravo TV star Lala Kent missed a deadline for moving forward with a trademark case against a cosmetics consultant accused of running the "Give Them Lala" brand without her permission.

Branding 52

Branding Branding Brands Trademark 52

JD Supra Law

NOVEMBER 27, 2024

On October 25, 2024, the United States District Court for the Eastern District of Pennsylvania ordered Comcast Corporation (“Comcast”) to identify the date on which it learned of each patent, patent application, and printed publication listed in its Amended Election of Asserted Prior Art (“Amended Election”). Promptu Sys. Corp. v. Comcast Corp., No. 2:16-cv-06516, Dkt.

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Art Patent Application Patent 65

IP Law 360

NOVEMBER 27, 2024

The Patent Trial and Appeal Board has found Neurocrine Biosciences Inc. was able to show that all the claims in a patent owned by biotechnology company Spruce Biosciences Inc. relating to the treatment of a hormonal disorder were invalid.

Patent 52

Patent 52

JD Supra Law

NOVEMBER 27, 2024

US Patent and Trademark Office (USPTO) Director Kathi Vidal recently issued a new final rule establishing the process for Director Review of some Patent Trial and Appeal Board (PTAB) decisions. This final rule, effective October 31, solidifies the US Supreme Court’s mandate in US v. Arthrex, codifies many aspects of the interim Director Review process, and largely mirrors the USPTO’s April 2024 proposed rule.

Trademark 62

Trademark Patent 62

IP Law 360

NOVEMBER 27, 2024

A California federal judge on Tuesday granted Citibank NA's request for a temporary restraining order against one of its former bankers who it alleges jumped to a rival with confidential information on law firm and attorney clients, but denied the request regarding a second banker as "too speculative.

Confidentiality 52

Confidentiality Law 52

JD Supra Law

NOVEMBER 27, 2024

Thanksgiving is a time for family, gratitude, and—let’s be honest—lots of food. But for vegetarians, it can feel more like a minefield of side dishes. While others enjoy the turkey, vegetarians are often left piecing together a meal that usually consists of mashed potatoes, stuffing, sweet potatoes, mac and cheese, cranberry sauce, and salad. The turkey, as the table’s centerpiece, becomes a glaring reminder of what’s missing for those who don’t eat meat.

Patent 62

Patent 62

IP Law 360

NOVEMBER 27, 2024

An inventor has accused Deloitte Consulting LLP in New York federal court of stealing her proprietary vaccination management system and securing a multimillion-dollar government contract for rolling out COVID-19 vaccines, saying the firm colluded with the Centers for Disease Control and Prevention to pilfer the technology.

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Inventor Contracts Government Technology 52

JD Supra Law

NOVEMBER 27, 2024

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the USPTO formed the Central Reexamination Unit (CRU) and staffed it with 15 year+ Examiners and legal experts. Later, after the loss of Inter Partes Reexamination in 2012, the USPTO added all newly filed reissue applications to the CRU Examiner’s regime.

Patent 62

Patent 62

IP Law 360

NOVEMBER 27, 2024

Michigan-based personal injury law firm Sam Bernstein Law has launched a trademark infringement lawsuit in California federal court against rival personal injury law firm Sam & Ash LLP, alleging its competitor has ripped off its longtime advertising taglines, "Call Sam" and "1-800-Call-Sam.

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Law Advertising Advertising Trademark 52

JD Supra Law

NOVEMBER 27, 2024

In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The opportunity to seek reconsideration of the dismissed claims will come if a reversal occurs in the Doe 1 v. Github interlocutory appeal.

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IP Law 360

NOVEMBER 27, 2024

The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.

Patent 52

Patent 52

JD Supra Law

NOVEMBER 27, 2024

The United States Patent and Trademark Office (USPTO) announced on Wednesday that patent-related fees will be raised starting January 19, 2025 to offset forecasted increases in operating cost.

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Patent Trademark 62

IP Law 360

NOVEMBER 27, 2024

California-based vehicle technology supplier InterMotive Inc. has urged a Michigan federal judge not to touch a $13 million verdict it won after a jury found Ford profited from the misappropriation of a trade secret related to its interface module, saying the jurors made their decision based on sufficient evidence.

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IP Technology 52

JD Supra Law

NOVEMBER 27, 2024

This Thanksgiving, we’re diving into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From Turducken trademarks to creative cookbooks, we’re discussing the legal side of your favorite holiday dishes. Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler for all the tasty legal details.

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Trademark Copyright Intellectual Property IP 62