JD Supra Law
MARCH 14, 2023
In ChromaDex Inc. v. Elysium Health Inc., the Federal Circuit found U.S. Patent No. 8,197,807 (the “’807 patent”), which is directed to a dietary supplement comprising an isolated vitamin, invalid for lack of subject matter eligibility under 35 U.S.C. § 101. ChromaDex, a dietary supplement company and licensee of the ’807 patent brought a patent infringement suit against Elysium.
Hugh Stephens Blog
MARCH 15, 2023
That is the fundamental question that authors and publishers in Canada have been asking themselves as the government begins preparing to consider some long-overdue revisions to the Copyright Act. For the past decade, Canadian post-secondary institutions (outside Québec) have been refusing to acquire licences from the Canadian Copyright Collective, Access Copyright (AC), to cover the … Continue reading "Why Are Canadian Universities Vehemently Campaigning Against Any Clarification of Fair D
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Plagiarism Today
MARCH 16, 2023
US Copyright Office clarifies AI registrations, ACE shuts down a pirate streaming site and publishing groups form a new coalition. The post 3 Count: Shuttered Streamzz appeared first on Plagiarism Today.
Erik K Pelton
MARCH 13, 2023
The following is an edited transcript of my video Great Trademarks Are Everywhere…You Just Have to Look (to see the images discussed, view the video at end of this post) When I’m out and about, I’m always cognizant of the brands around me, in particular paying attention to—and amazed by—creative brand names. When developing a new trademark or brand name, it sometimes seems challenging to come up with something unique, new, and important.
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IP Watchdog
MARCH 15, 2023
The U.S. Copyright Office (USCO) has announced a new statement of policy on “Works Containing Material Generated by Artificial Intelligence” that will be published in the Federal Register tomorrow, March 16. The statement comes following several recent cases that have tested the bounds of copyright protection for works generated solely or in part by AI authors.
The IPKat
MARCH 16, 2023
On 21 February 2023, the US Copyright Office (USCO) issued a decision further to a request to register Zarya of the Dawn , a graphic novel that includes images created with the assistance of Midjourney , a generative Artificial Intelligence (AI) system. The case In September 2022, Ms. Kristina Kashtanova applied and obtained the copyright registration for the work “ Zarya of the Dawn ”.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
MARCH 13, 2023
On March 6, 2023, the U.S. Department of Agriculture (USDA) released its report on “More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs,” which was prepared in consultation with the U.S. Patent and Trademark Office (USPTO), Department of Justice (DOJ), and Federal Trade Commission (FTC).
Michael Geist
MARCH 17, 2023
The government plans to introduce a motion next week requiring Google and Facebook to turn over years of private third-party communication involving any Canadian regulation. The move represents more than just a remarkable escalation of its battle against the two tech companies for opposing Bill C-18 and considering blocking news sharing or linking in light of demands for hundreds of millions in payments.
The IPKat
MARCH 16, 2023
The recent decision in T 0169/20 draws together two threads of Boards of Appeal case law on the relationship between the claims and description of a patent. The decision directly addresses the question of the role of the description in interpreting the language of the claims. The answer to this question has practical consequences, as it is critical to both the question of claim interpretation for patentability and added matter analysis ( IPKat ) and to the ongoing controversy of description amen
Plagiarism Today
MARCH 15, 2023
Indie developer Archangel recently learned a hard lesson about buying video game assets: It's difficult to know whether they're original. The post Why Buying Video Game Assets Can Be Risky appeared first on Plagiarism Today.
JD Supra Law
MARCH 17, 2023
The evolution of artificial intelligence (AI) machines has resulted in a number of interesting issues in both copyright and patent law. See, for example, our prior articles involving attempts to qualify machine-made works for patent and copyright registration. And due to the increasing popularity and commercial availability of AI machines, the range of legal issues presented by AI is only like to broaden.
Patently-O
MARCH 12, 2023
by Dennis Crouch In October 2022, Canada’s largest intellectual property firm became a publicly traded entity. Smart & Biggar , a firm that includes 100+ Canadian patent attorneys and agents (most of whom are also registered with the USPTO) was purchased by the Australian company IPH Limited. The holding company trades on the Australian stock exchange with a market valuation of $1.8 billion Australian dollars ($1.2 billion USD).
The IPKat
MARCH 16, 2023
In early March, this Kat had the pleasure of attending a round table on EU geographical indications (GIs) law under the auspices of European Communities Trademark Association (ECTA). At the round table, the speakers discussed the upcoming legal reform, the definition of “evocation”, as well as the conflict between GIs and collective marks. A statement from one of the speakers drew this Kat’s attention.
Plagiarism Today
MARCH 15, 2023
Spinrilla seeks to ban the word piracy at an upcoming trial, Brazil shutters a wave of sites and Disney influencers banned from the park. The post 3 Count: Disney Ban appeared first on Plagiarism Today.
IP Watchdog
MARCH 14, 2023
The United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling Monday that vacated and remanded a district court ruling on patent infringement in a case between Amazon and AlterWAN. The circuit judges vacated the ruling, which found Amazon did not infringe on two AlterWAN patents for internet network technology. Based on two of the district court’s claim constructions, the parties entered into a stipulation of non-infringement; however, AlterWAN appealed the case
Patently-O
MARCH 15, 2023
Associates around the country today are drafting motions, patent applications, and other documents using some version of ChatGPT. Of course, If I were a judge or examiner, I might also be interested in using AI to help facilitate my decision-making. ChatGPT is good for that as well and can provide a reasoned structure, including identifying of prior art and obviousness standards.
JD Supra Law
MARCH 17, 2023
The U.S. Patent & Trademark Office (USPTO) announced that it will no longer issue patents in a printed “ribbon copy” form as of April 18, 2023. Instead, patents will now only be issued electronically in a digital form. This is part of the USPTO’s efforts to move to fully electronic processing of patent applications, which it believes will provide various benefits for the USPTO and patentees.
Plagiarism Today
MARCH 16, 2023
The Seoul Metropolitan Government announced a new Ferris wheel. But why has a symbol of peace become a target for plagiarism allegations The post Proposed Seoul Ferris Wheel Sparks Plagiarism Allegations appeared first on Plagiarism Today.
McKinsey Operations
MARCH 13, 2023
Decision making is simply the process of making a choice. But decision making often isn’t easy and can be particularly complex in an organizational context.
TorrentFreak
MARCH 15, 2023
Every day millions of people download or stream pirated movies, which are readily available online through hundreds of dedicated sites. To the broader public, pirate sites and services are the gateways to a darker side of the entertainment world. In turn, however, these sites are heavily reliant on the crucial ‘suppliers’ at the top of the piracy pyramid.
IP Watchdog
MARCH 14, 2023
The USPTO was actively working behind the scenes to revise sections of the Manual of Patent Examining Procedure pertaining to the subject of its recent Request for Comments, including policies and procedures relating to restriction, continuation, divisional, double patenting and terminal disclaimer practice. Three days after the RFC response period ended, the USPTO announced publication of a revised version of the MPEP in the Federal Register.
Technology & Marketing Law Blog
MARCH 14, 2023
This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. Dr. Monge sued Dr. Thomas (and many other defendants). For more background on this complex case, see this opinion. In this ruling, Dr. Thomas successfully invoked Section 230.
JD Supra Law
MARCH 17, 2023
It has been 13 years since the Biologics Price Competition and Innovation Act (BPCIA) was enacted and biosimilars had a pathway to enter the U.S. market. While there have been challenges over this time, the U.S. biosimilar market has come a long way and has overcome many hurdles.
TorrentFreak
MARCH 15, 2023
Brazil’s crackdown against pirate sites, IPTV services, infringing apps, and other mechanisms delivering illegal content to the masses, continues to press ahead. In the wake of similar operations in previous years, including action reported in August 2022 , a new phase of Brazil’s ‘Operation 404’ anti-piracy initiative was announced on Tuesday.
McKinsey Operations
MARCH 13, 2023
Investments in climate technology are still increasing, defying the headwinds that affected most capital markets. We identify eight factors for deploying capital in this resilient space.
IP Watchdog
MARCH 17, 2023
This week in Other Barks & Bites: The UK High Court delivers a key ruling on standard essential patents (SEPs) in a FRAND battle between InterDigital and Lenovo; the U.S. Patent and Trademark Office updates Patent Term Extension listings to add Food and Drug Administration and Department of Agriculture information following collaboration initiatives; the U.S.
The TTABlog
MARCH 13, 2023
The Board has affirmed the first 25 Section 2(d) refusals that it reviewed this year. Here are three more, but at least one was reversed. How do you think these three cases came out? [Results in first comment]. YG Entertainment Inc. , Serial No. 79975600 (March 9, 2023) [not precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d) refusal of BABYMONSTERS , in stylized form, for toy animals, stuffed toys, and other toys, in view of the registered mark BABY MONSTERS , in standard form, for
Velocity of Content
MARCH 16, 2023
This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). I can see the appeal of this question, as it is fundamentally interesting and futuristic.
McKinsey Operations
MARCH 16, 2023
Affordable broadband with wraparound support could expand access to cost-efficient virtual health for underserved communities. Seven actions could help state and local leaders unlock this opportunity.
IP Watchdog
MARCH 16, 2023
On March 9, e-commerce company Ingenio Inc. filed a petition for writ of certiorari with the U.S. Supreme Court asking it to take up an appeal of a decision last August by the U.S. Court of Appeals for the Federal Circuit in favor of patent owner Click-to-Call Technologies. Ingenio’s petition asks the Supreme Court to overturn the Federal Circuit’s ruling that Ingenio was estopped from challenging the validity of patent claims that were denied institution during inter partes review (IPR) validit
Intellectual Property Brief
MARCH 16, 2023
By. Gustav Gulmert Real-time game updates are the lifeblood of sports betters and avid fans. However, sports leagues have limited third-party companies from reporting them. The circuits’ results have differed, and the Supreme Court or Congress should step in to set the record straight. Do you remember the excitement, or perhaps sorrow, that emerged from.
JD Supra Law
MARCH 16, 2023
Generative artificial intelligence (AI) and the synthetic media it is capable of producing are clearly all the rage these days, but there are still many lingering questions about how to responsibly develop, use and host such tools and content to avoid public relations backlash and minimize liability risk.
McKinsey Operations
MARCH 13, 2023
Growth in China’s buoyant medtech market is tapering as policy uncertainties persist. Five approaches to refocus commercial operations can help navigate these challenges.
Velocity of Content
MARCH 15, 2023
Artificial Intelligence (AI) technology is being touted by news outlets and financial markets alike as the future of industries across the board, including Customer Service. But what does it mean for the present? While there are many benefits to embracing the advancements in AI, some may argue that the technology is not ready to supplant the value of the human touch—at least not in every case.
SpicyIP
MARCH 13, 2023
Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-p
JD Supra Law
MARCH 16, 2023
The U.S. Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology.
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