Insights
The Role of IP in the Gaming Industry: From Copyright Protection to Patent Wars
March 1st, 2024
In the dynamic world of the gaming industry, intellectual property (IP) plays a pivotal role. The effective protection of IP can determine the success and failure of video game companies. Understanding the significance of IP rights and their impact o…
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Categories: Patents
China’s Race to Become The World’s Leading IP Producer: A Forecast of Global Innovation
February 23rd, 2024
After consistently establishing itself as the country with the most patent applications in the world, China is well on its way to becoming an IP powerhouse—but what does this mean for the rest of the world? A little over a decade ago, China had a s…
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Categories: Patents
What to do if someone claims you have an infringing picture on your website
January 22nd, 2024
What should you do if you get a scary letter on law firm letterhead claiming that a photo on your website or in your social media post infringes someone’s copyright and demanding thousands of dollars in damages? Your first step should be to call yo…
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Categories: Copyright
Federal Circuit Discusses “Motivation to Combine” in Medtronic Case
January 19th, 2024
The Federal Circuit has addressed the weight the Patent Trial and Appeal Board (PTAB or Board) should give to the intended purpose of a primary reference when evaluating the motivation of a “Person of Ordinary Skill in the Art” (POSITA) to combin…
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Federal Circuit Overturns Precedent in Dan Tana Restaurant Trademark Case
January 16th, 2024
The Federal Circuit has overturned 50 years of precedent in a trademark case involving a famous West Hollywood restaurant. The case is Great Concepts, LLC v. Chutter, Inc. Great Concepts, LLC appealed the decision of the Trademark Trial and Appeal Bo…
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Categories: Trademarks
Supreme Court Hears “Trump Too Small” Trademark Case
January 15th, 2024
The US Supreme Court will resolve a trademark dispute over an attempt to register the mark “Trump Too Small” for printing on shirts. Elster applied for the trademark in 2018. It was inspired by an exchange of insults at a 2016 Republican presiden…
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Categories: Uncategorized
Mickey Mouse Enters the Public Domain
January 12th, 2024
January 1 every year is celebrated by some as “public domain day.” Works first published in 1928 (and sound recordings from 1923) enter the public domain on this day. Works published earlier were already in the public domain. As the US Copyright…
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Categories: Patents
USPTO Director Vacates Food Slicer Holding
January 11th, 2024
US Patent and Trademark Office (USPTO) Director Kathi Vidal vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB or Board) that found Weber, Inc. had shown by a preponderance of the evidence that certain claims of Provisur Techn…
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Categories: Patents
New York Times Sues OpenAI and Microsoft for Copyright Infringement
January 9th, 2024
At the end of December, the New York Times sued OpenAI and Microsoft for copyright infringement, claiming that their generative AI (GAI or GenAI) tools were trained on articles published by the Times without its authorization. There have been similar…
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Categories: Copyright
Federal Circuit Affirms Medtronic Failed to Prove Teleflex Claims Unpatentable
January 3rd, 2024
The Federal Circuit has affirmed a finding by the Patent Trial and Appeal Board (PTAB or Board) that Medtronic failed to prove that challenged claims of a Teleflex catheter patent were unpatentable. The ’116 patent is directed to a method for using…
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Categories: Patents
