LexBlog IP

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Open Source Lawyers Are Critical To Your Open Source Success Very few lawyers understand software licensing , and even fewer open-source licensing.

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Licensing Derivative Work Intellectual Property Moral Rights 40

Intellectual Property Law Blog

NOVEMBER 1, 2023

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property.

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IP Intellectual Property Copyright Invention 262

IP Law 360

SEPTEMBER 27, 2023

s patent used for checking software licenses, and held that Adobe failed to show that the patent is invalid. A Delaware federal jury on Wednesday found that Adobe Inc. must pay nearly $33.8 million for infringing Viatech Technologies Inc.'s

Patent 75

Patent Licensing Technology 75

SpicyIP

DECEMBER 26, 2023

In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer Related Inventions, declared that the subject invention had technical effects.

Technology 59

Technology Licensing Designs Design 59

IP Watchdog

MARCH 15, 2024

one of America’s oldest continuously-operated patent practices founded and operated by a woman patent attorney, is seeking a registered U.S. patent attorney, preferably with a proven track record in patenting software, artificial intelligence (AI), convolutional network, medical devices, and other electrical technologies.

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Intellectual Property Law Intellectual Property Law Patent Prosecution 59

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” A patent protects an invention.

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Confidentiality Invention Business Artistic Work 113

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k).

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Designs Design Patent Invention 117

Intellectual Property Law Blog

JUNE 20, 2023

Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive innovations to soon follow. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.

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Patent Invention Art Patent Application 130

SpicyIP

APRIL 30, 2024

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. The patent office issued a first examination report in June 2019, (7 years later!)

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Invention Art Designs Design 111

TorrentFreak

MARCH 7, 2022

Software giant Oracle suspended all of its operations in the Russian Federation too but these examples are just the tip of a massive iceberg. The Priority Plan – Green Light For Software Piracy. attempts to deal with the problem of foreign companies revoking or refusing to issue software licenses.

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Government Reporting Journalism Intellectual Property 145

The IP Law Blog

JUNE 1, 2023

Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation. D]efendant could not receive the information any other way.”

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Litigation Licensing Settlement Patent 96

Intellectual Property Law Blog

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. Many employees are experimenting with AI in connection with their work. As a result, many companies are developing corporate policies on employee use of AI.

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Government Business Licensing Copyright 237

IP Law 360

JANUARY 31, 2024

A company that makes payment cards for laundry services says that it is settling a patent lawsuit in Florida federal court with an Oregon software business, with the agreement involving paying out "a base license of $40 million."

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Licensing Business Patent 40

LexBlog IP

AUGUST 16, 2023

IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business. Technology is often protected through patents or trade secrets. In most cases, this can be broken down between two central areas – technology and branding.

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Due Diligence IP Intellectual Property Ownership 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations. Novel innovations are protected by patents, but software codes, designs, or artistic components are protected by copyrights.

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Intellectual Property Invention IP Technology 58

IP Tech Blog

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) Additional software and technical measures are also encouraged to track and monitor flow of information and data. China is at the forefront of the AI development race. There are, however, several challenges related to obtaining IP protection for algorithms in China.

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Intellectual Property Due Diligence Ownership IP 113

LexBlog IP

APRIL 13, 2022

Are you or your company expecting to spend a considerable sum anytime soon on computer software? If so, you should consider the caveats and points highlighted in this brief article before finalizing your license or purchase. Companies often acquire computer software without much concern — other than the price/cost of the product.

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IP Due Diligence Ownership Licensing 52

Kashishipr

MARCH 9, 2022

A patent is a form of Intellectual Property (IP) granted to the owners of an invention or innovation, giving them the right to control how others could use or exploit their invention or innovation. If a business company releases its software via open-source licensing, it can limit the company’s ability to assert its Patent Rights.

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Patent Patent Troll Licensing Invention 81

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. Sunoco’s patents cover systems for blending butane into gasoline. The patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period.

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Invention Contracts Licensing Inventor 82

SpicyIP

JANUARY 15, 2023

Intellectual property rights statutes i.e. the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999 are among the laws that are proposed to be amended. The Parliament is considering a bill that decriminalises offences across 42 statutes. In Knit Pro International v.

Copyright Infringement 135

Copyright Infringement IP Copyright Intellectual Property 135

SpicyIP

AUGUST 19, 2023

Major intellectual property rights laws – the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999, have also been amended. In the absence of this form, competitors may not be able to differentiate between deadwood patents and patents that are actually being worked (i.e.

Business 98

Business Licensing Copyright Government 98

Indiana Intellectual Property Law

MARCH 21, 2023

DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. DSI is a company that develops and sells software that supports omnichannel communications. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications.

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Patent Infringement Litigation Patent Patent Application 52

Kashishipr

OCTOBER 27, 2021

An Application Programming Interface (API) is an electrical socket of a modern software system. API primarily allows interaction of different software elements since, in isolation, they would not derive substantial returns. The Role of Standard Software Libraries. What is an Application Programming Interface?

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Intellectual Property Law Intellectual Property Law Fair Use 98

Patently-O

APRIL 17, 2024

The following are a few of the articles that I’ve been delving into this past week: James Hicks, Do Patents Drive Investment in Software? , John Howells, Ron D Katznelson, Freedom to Operate analysis as competitive necessity—the Selden automobile patent case revisited , Journal of Intellectual Property Law & Practice (2024).

Journalism 40

Journalism Intellectual Property Intellectual Property Law Patent Prosecution 40

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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Patent Invention Inventor Technology 52

LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” As the U.S.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

IP and Legal Filings

JUNE 16, 2021

Some form of IP such as trademark and copyright does not need to be registered but some form such as patent needs to be registered. “Open source” software refers to software with source code that anyone can inspect, modify, and enhance. [Image Source: gettyimages]. Enforcing your IP.

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IP Ownership Registration Licensing 83

LexBlog IP

JUNE 1, 2023

Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation. D]efendant could not receive the information any other way.”

Litigation 52

Litigation Licensing Settlement Patent 52

LexBlog IP

APRIL 13, 2023

VirnetX is a classic example of an NPE that does not qualify as a “patent troll.” Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. VirnetX, on the other hand, licenses its patents for eight and sometimes nine figures.

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Patent Troll Settlement Licensing Confidentiality 52

IPilogue

MAY 31, 2022

Google’s contribution to the US patent system. Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Google also helped discover the License on Transfer Network. Concern with the US patent system. Source: RPX.

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Patent Troll Patent Litigation Invention 118

Kashishipr

JUNE 3, 2021

In the modern world, things such as overseas inter-company transactions of IP, franchising models, licensing, mergers, and acquisitions, etc., Even for authentic inter-company transactions for royalties or license fees, tax authorities of most developed nations necessitate tax on IP assets. The United States of America.

Intellectual Property 98

Intellectual Property Ownership IP Licensing 98

Intepat

OCTOBER 13, 2023

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. However, the underlying argument from the Controller’s office pertained to the aspects of software and hardware. More so, the requirement of novel hardware was negated due to lack of basis in law.

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Invention Patent Technology Designs 52

IP Law 360

SEPTEMBER 23, 2022

A week after trimming the direct infringement claims a software patent licensing company leveled against Amazon, a California federal judge clarified that he is granting summary judgment in favor of Amazon, noting his own error and vacating a trial scheduled to begin next month.

Patent 40

Patent Licensing 40

The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Law Patent Invention Intellectual Property 109

Patently-O

SEPTEMBER 24, 2023

Caddo asserted infringement of six patents relating to user interface navigation methods against Siemens. Caddo had previously sued Microsoft and reached a 2017 settlement agreement that covered third-party products using Microsoft technology, including.NET software that Siemens had relied upon. Microchip , 20-cv-245 (W.D.TX.

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Settlement Licensing Privacy Business 92

LexBlog IP

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) Additional software and technical measures are also encouraged to track and monitor flow of information and data. China is at the forefront of the AI development race. There are, however, several challenges related to obtaining IP protection for algorithms in China.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Velocity of Content

MARCH 14, 2023

While the sharing of information with co-workers supports collaboration and drives innovation, the sharing of this content without first obtaining the necessary subscriptions, licenses, or permissions also carries enormous potential risk. However, employee behaviors are often misaligned with policy expectations.

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Copyright Reporting Publishing Journalism 98