Erik K Pelton
JULY 14, 2022
The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. Lots of us use others to help create content online. Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. And there’s nothing wrong with that, of course.
JD Supra Law
JULY 15, 2022
As the innovation paradigm in automotive industry shifted over time, artificial intelligence (“AI”) has deeply penetrated into operation of automotive industry. For example, integration of AI in automotive availed a broad range of consumer-friendly functions previously not navigated in automotive industry, such as autonomous driving, battery management, speech recognition.
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Michael Geist
JULY 13, 2022
Bill C-11, the government’s online streaming legislation, has caught the attention of the U.S. government, which raised it as a concern during a recent meeting between U.S. Trade Representative Katherine Tai and Canadian Minister of International Trade Mary Ng. The issue is cited in the U.S. readout of the meeting, though the Canadian readout of the same meeting notably excludes any reference to the issue.
McKinsey Operations
JULY 13, 2022
People keep quitting at record levels, yet companies are still trying to attract and retain them the same old ways. New research identifies five types of workers that employers can reach to fill jobs.
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?
Erik K Pelton
JULY 13, 2022
In this episode, Erik shares several critical lessons learned in law school that apply to work with trademarks. Find out more by exploring this episode. The post 3 Things I Learned in Law School That I Apply to Trademarks Everyday appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik shares several critical lessons learned in law school that apply to work with trademarks.
The IPKat
JULY 11, 2022
The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). The decision in J 8/20 demonstrates that the current patent system is more than capable of dealing with AI inventions when and if they arise, without harming innovation or treating the AI i
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
JULY 11, 2022
“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help,” said President Ronald Reagan during a press conference on August 12, 1986. This is one of President Reagan’s most often quoted quips, and for a reason. The Government can certainly help people in times of need, but it can also be a scary bureaucracy, particularly when it shows up unannounced and uninvited.
McKinsey Operations
JULY 13, 2022
Banking distribution needs to account for the evolving interdependencies between channels. Accelerating digital and upgrading the physical experience to “phygital” offers a viable solution.
The IPKat
JULY 12, 2022
As noted by GuestKat Becky Knott in her earlier post ( here ), brand owners have been very active in protecting their brands through attempts to secure trade mark registrations in response to the rise of the Metaverse. In recent months, this Kat has been seeing a lot of discussions on filing strategies (in particular classification and specification drafting), particularly in the US and the EU, and on the oriental side in China and Japan.
Likelihood of Confusion
JULY 12, 2022
I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have. The post Sealed with a fist appeared first on LIKELIHOOD OF CONFUSION™.
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.
TorrentFreak
JULY 15, 2022
Last year, we noticed that Google had delisted several popular pirate sites from its search results in some countries. In the Netherlands, for example, The Pirate Bay and many of its mirrors and proxies were delisted by Google in response to a notice sent by local anti-piracy group BREIN. Later, we learned that similar requests were being sent to Google by movie company representatives in other countries.
Technology & Marketing Law Blog
JULY 12, 2022
I’m pleased to announce the 2022 edition (13th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and (new this year!) a hardcover version for $28. [All printed versions come with a free PDF on request; and shipping should be free on Amazon Prime.
Patently-O
JULY 11, 2022
by Dennis Crouch. In a new opinion the court asked and answerd an interesting question: What if most on-point prior art was accidentally created due to a typographical error? In LG Electronics, Inc. v. ImmerVision, Inc., — F.4th — (Fed. Cir. 2022) , the Court sided with the patentee in holding that a person of skill in the art would have “disregarded or corrected” the error rather than relying on the error as the foundation of an inventive project.
IP Watchdog
JULY 14, 2022
The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. When it comes to artificial intelligence (AI), there are no contraptions, no gears, no pistons, and in a lot of cases, no machines. AI inventors sound much more like philosophers theorizing about machines, rather than mechanics describing a machine.
TorrentFreak
JULY 14, 2022
Japanese manga publishing giants Shueisha, Kadowaka, Kodansha, and Shogakukan are on a mission to disrupt piracy in any way possible. Late October 2021, a law firm acting for Shueisha filed an ex parte application at a California district court seeking discovery of information for use in a foreign proceeding. In our initial report we listed several domains of interest to Shueisha, all with a common denominator – connections to huge manga piracy site MangaBank.
The IPKat
JULY 11, 2022
This Kat has recently assisted to a “ Track Case Law ” webinar, delivered by speakers from the Boards of Appeal (BoA) of the EUIPO. The webinar covered latest judgments of the BoA, General Court (GC) and Court of Justice of the European Union (CJEU). During the discussion, the speakers raised an interesting point: are all geographical indications (GIs) intrinsically reputed?
Patently-O
JULY 14, 2022
By Jason Rantanen. There are lots of studies of Federal Circuit decisions, but very few involve the link between all cases filed at the district court cases and appeals. This prompted the question for me: who actually files appeals in patent infringement cases and how representative are they of the underlying civil actions filed in the courts? It turns out that the answer is “mostly patent asserters” and that they aren’t necessarily representative of case filings.
IP Watchdog
JULY 12, 2022
Recently, we submitted comments for the record to the Senate Judiciary Committee’s IP Subcommittee in response to its June 22 hearing on the Patent Trial and Appeal Board (PTAB), titled: “The Patent Trial and Appeal Board: Examining Proposals to Address Predictability, Certainty and Fairness.” The hearing focused on Senator Leahy’s PTAB Reform Act, which among other changes, would eliminate the discretion of the Director to deny institution of an inter partes review (IPR) petition based on an ea
TorrentFreak
JULY 12, 2022
Last month, the US Copyright Claims Board went live. Through this Copyright Office-hosted venue, copyright holders can try to recoup alleged damages outside the federal court system. The board aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.
McKinsey Operations
JULY 15, 2022
Digital technologies and advanced analytics are here to stay. Cognitive, digital, and self-leadership skills can help hybrid working models thrive in metals and mining and heavy industries.
The Illusion of More
JULY 11, 2022
“The raggedy state of my books that some readers and educators hand me to sign is the best compliment of all.” – Sandra Cisneros – The matter of Hachette et al. v. Internet Archive should be short work for a court in the Second Circuit (or any circuit). The allegations about IA imply an operation […]. The post Publishers’ Suit Against Internet Archive is Pro-Author, Not Anti-Library appeared first on The Illusion of More.
IP Watchdog
JULY 14, 2022
Earlier this month, IP diversity advocacy group Invent Together announced that it had launched an online learning platform known as The Inventor’s Patent Academy (TIPA), an e-learning course designed in collaboration with Qualcomm to educate inventors from diverse and underrepresented backgrounds about the benefits of engaging with the U.S. patent system.
TorrentFreak
JULY 13, 2022
In the 2000s, Japan was a relatively safe place for people with a penchant for downloading content without paying for it. Even those running torrent sites were relatively worry-free when compared to their United States counterparts. Inevitably, it wouldn’t stay that way. While uploading copyrighted content was already illegal, in 2012 Japan criminalized unlicensed movie and TV show downloading, punishable by fines and up to two years in prison.
SpicyIP
JULY 14, 2022
Image from here. A recent decision of the Delhi High Court, in Novo Nordisk AS v. Union of India (July 5, 2022), brings back to light the problem of delays in post-grant oppositions in India. Prashant’s post here , discusses broader policy problems with respect to delayed oppositions. As noted, a very small per centage of patents are actually commercialised and an opposition usually signifies that the patent at issue has underlying econ omic value (compared to uncontested applications).
JD Supra Law
JULY 15, 2022
Almost four years ago, in a relatively rare occurrence based on there being an insufficient factual record to permit proper appellate review, the Federal Circuit vacated a District Court decision rendering invalid the claims in five patents asserted by Tris Pharma, Inc. against Teva Laboratories FL, Inc. and remanded. The Court has had the opportunity to review the District Court's decision on remand, delayed by the COVID pandemic, and today affirmed the determination that Teva had not shown.
Technology & Marketing Law Blog
JULY 9, 2022
* FTC v. Match Group LLC , 2022 WL 877107 (N.D. Tex. March 24, 2022). A rare and surprisingly bad loss for the FTC on Section 230. The FTC alleged that: from 2013 to mid-2018, nonsubscribers were unaware that “as many as 25-30 percent of Match.com members who registered each day were using Match.com to perpetrate scams.” The FTC alleges that Match knew, or suspected, certain users were engaging in fraud.
TorrentFreak
JULY 9, 2022
Over the past year, a group of independent movie companies filed a series of lawsuits against VPN providers. The makers of films such as “I Feel Pretty” and “Dallas Buyers Club” accuse these services of turning a blind eye to piracy or actively promoting it. Several of these lawsuits have ended in settlements, where some VPNs services agreed to block notorious pirate sites or BitTorrent traffic on US-based servers.
IPilogue
JULY 12, 2022
Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On June 10, 2022, Adidas launched its first federal lawsuit against its main competitor, Nike, at the US District Court in Eastern Texas. Demanding a jury trial, the 62-page complaint alleges that Nike has conducted nine counts of patent infringement relating to Adidas’ GPS, sensor and wearable technologies.
IP Watchdog
JULY 12, 2022
Despite the U.S. Supreme Court’s rejection of the petition in American Axle v. Neapco just a few days earlier, inventor David Tropp on July 5 again asked the Court to unravel U.S. patent eligibility law. Tropp, who owns two patents relating to luggage lock technology that enables airport screening of luggage while still allowing the bags to remain locked, is asking the Court to answer the question: “Whether the claims at issue in Tropp’s patents reciting physical rather than computer-processing
IP Tech Blog
JULY 15, 2022
In a potentially industry-changing ruling , Judge Gilliam of the Northern District of California ruled that amendments to click-wrap agreements, like Dropbox’s terms of use, are invalid unless the user had to manifest assent through some act more than continued use of the service: Defendant essentially argues that it contracted for the right to change the terms at will because the 2011 TOS contains a provision stating that Defendant “may revise these Terms from time to time” and that continuing
TorrentFreak
JULY 10, 2022
Every day an estimated 30 million players jump into Roblox, an online game where players can play games created by other users. Around 40 million games is the current estimate. Developing games for Roblox can be extremely lucrative. The company behind Roblox revealed that developers and creators earned more than $500 million on the platform in 2021 alone, a huge amount considering that most developers are mostly young adults, some earning around $2m a year.
IPilogue
JULY 13, 2022
Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. As discussed in part one , Human Rights Watch (HRW) released a report in late May outlining the privacy risks school children face across the globe. After a short summary, the report immediately explores ways we can address the risks, through a comprehensive list of recommendations to governments, ministries and departments of education, education technology companies, advertising tec
IP Watchdog
JULY 10, 2022
July 10 marks the end of one of the most important events in the sporting calendar and one of the most iconic tennis tournaments in the world: Wimbledon. The All England Lawn Tennis Club (the “Club”) has owned multiple registered trademarks for the famous Wimbledon name and other prominent signs for some time. However, the dark green and purple colorway – which has been associated with the Wimbledon tennis tournament for over a Century – has only been protected as a registered trademark in the U
Kluwer Copyright Blog
JULY 11, 2022
Photo by PJ Gal-Szabo on Unsplash. Introduction. The Intellectual Property Enterprise Court (IPEC), part of the English High Court, has ruled that copyright subsists in the character of Derek ‘Del Boy’ Trotter and that a character can be protected as a literary work under the UK’s closed list of copyright works ([ 2022] EWHC 1379 IPEC ). That copyright was found to have been infringed by the creators of an ‘interactive dining experience’ which used Del Boy and the other main characters from ‘
TorrentFreak
JULY 11, 2022
Pirate site blocking in the UK is now commonplace, with the movie, TV show, music, live sports and publishing industries all directly involved. Recording industry group BPI and its member labels are among the most prolific blocking injunction applicants. To date more than 70 base pirate sites are listed in High Court injunctions but due to their ‘dynamic’ nature, those injunctions now cover thousands of related sites and domains, including proxy, mirror and clone sites.
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