Intellectual property law

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#patents
fromIPWatchdog.com | Patents & Intellectual Property Law
1 day ago
Intellectual property law

Other Barks & Bites for Friday, February 13: CAFC Says NHK-Fintiv is General Policy Statement; Second Circuit Adopts Rule on Waiver of DMCA Safe Harbor; and Daren Tang Nominated for Second Term as WIPO Director

Significant IP legal and policy developments include Federal Circuit NHK-Fintiv precedent, Second Circuit DMCA ruling, CJEU WhatsApp GDPR decision, Copyright Claims Board study.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 year ago

Since 2020, Patent Errors Have Decreased by 11.24%

In an ideal world, issued patents would not contain errors. In reality, patent drafting is tedious and time-consuming work and perfection is not an attainable goal. The patent industry seems to be steadily getting better, though. In a recent study, we uncovered an 11.24% decrease in errors per patent over the past four years. We observed this decrease by reviewing every patent issued by the U.S. Patent and Trademark Office (USPTO) since 2020 - nearly 1.4 million patents.
Intellectual property law
Intellectual property law
fromFast Company
1 day ago

TikTok creators say copycats are stealing scripts word for word

Creators frequently encounter near-verbatim content copying and voiceover plagiarism on social platforms where legal enforcement is inconsistent and creators must often police theft themselves.
#patent-eligibility
#federal-circuit
fromPatently-O
1 day ago
Intellectual property law

The Director Unbound: Federal Circuit Holds NHK-Fintiv Exempt from APA Rulemaking

fromPatently-O
1 day ago
Intellectual property law

The Director Unbound: Federal Circuit Holds NHK-Fintiv Exempt from APA Rulemaking

#trademark
fromIPWatchdog.com | Patents & Intellectual Property Law
6 years ago

Other Barks & Bites for Friday, May 10: Congress and Trump Crack Down on Pharma, Amici File Briefs in Acorda, and USPTO to Modify Patent Term Adjustment Procedures

This week in Other Barks & Bites, IPWatchdog's IP news roundup: the House of Representatives passes drug patent legislation, while antitrust legislation targeting patent-related activities is introduced into the Senate and the Trump administration mandates pricing information for pharmaceutical ads; the Patent Trial and Appeal Board (PTAB) issues a pair of precedential decisions on cases with multiple petitions; the USPTO issues marijuana-related trademark guidelines and a notice on modifying patent term adjustment practices;
Intellectual property law
#antitrust
fromTNW | Business
2 days ago

Understanding the valuation of intangible assets in tech deals

However, alongside these tangible indicators sits another layer of value, one that does not always surface cleanly in financial statements and may even remain invisible if it is not properly understood or articulated: Put simply, intangible assets are the non-physical elements a company has built that enable it to generate revenue, scale efficiently, or defend its market position. In technology companies, this typically includes proprietary software, intellectual property, datasets, customer relationships, brand equity, and internal systems or processes.
Intellectual property law
Intellectual property law
fromTechCrunch
2 days ago

Automattic planned to target 10 competitors with royalty fees, WP Engine claims in new filing | TechCrunch

WP Engine alleges Mullenweg and Automattic sought royalties from multiple hosts, pressured Stripe, and targeted competitors over WordPress trademark use and royalty demands.
#copyright
fromPatently-O
2 weeks ago
Intellectual property law

Government Urges Supreme Court to Deny AI Copyright Case, Emphasizing Narrow Question and Statutory Text

Intellectual property law
fromwww.theguardian.com
2 weeks ago

Copyrighted art, mobile phones, Greenland: welcome to our age of shameless theft | Jonathan Liew

Digital culture normalizes appropriation and widespread content copying, blurring creator rights and enabling AI-trained systems to replicate copyrighted material without clear penalties.
fromPatently-O
2 weeks ago
Intellectual property law

Government Urges Supreme Court to Deny AI Copyright Case, Emphasizing Narrow Question and Statutory Text

Intellectual property law
fromTheregister
3 days ago

VMware scores early win in Siemens software licensing case

A U.S. magistrate judge recommended denying Siemens' request to move VMware's unlicensed-software lawsuit to Germany, favoring U.S. jurisdiction.
fromwww.independent.co.uk
3 days ago

Oatly banned from using word milk' to label vegan drinks

Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging. At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
Intellectual property law
#trademark-law
#patent-law
fromPatently-O
4 days ago
Intellectual property law

First Possession and Intellectual Property: A Supplement for Property Law

fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks ago
Intellectual property law

The Supreme Court Should Take Up the USAA Case to Bring Clarity to the Esoteric 'Abstract Ideas' Doctrine of Alice

The Supreme Court needs to define 'abstract idea' to resolve decade-long uncertainty and create a consistent patent-eligibility test for computer-implemented inventions.
fromPatently-O
4 days ago
Intellectual property law

First Possession and Intellectual Property: A Supplement for Property Law

#section-101
fromPatently-O
4 days ago
Intellectual property law

Pre-Alice Patents Keep Falling: Three Section 101 Decisions from the Federal Circuit

fromPatently-O
4 days ago
Intellectual property law

Pre-Alice Patents Keep Falling: Three Section 101 Decisions from the Federal Circuit

fromIPWatchdog.com | Patents & Intellectual Property Law
4 days ago

PTAB Whiplash: Predictability, Policy and the PTAB Pendulum

This week on IPWatchdog Unleashed, I speak with Todd Walters, who is Chair of the Patent Office Litigation practice group at Buchanan. We explore the current state of Patent Trial and Appeal Board (PTAB) practice and the growing tension among stakeholders as policy changes continue to reshape post-grant proceedings. We reflect on the intensity of opinion from patent owners and petitioners and discuss the high financial stakes and strategic importance of America Invents Act (AIA) proceedings.
Intellectual property law
Intellectual property law
fromAbove the Law
4 days ago

The Decision Trap That Slows Every Product Team - Above the Law

Differentiate reversible from irreversible product decisions so teams move quickly on low-risk choices and reserve cross-functional review for high-risk, hard-to-unwind commitments.
#trademark-dispute
fromLGBTQ Nation
2 weeks ago
Intellectual property law

Patagonia sues drag performer Pattie Gonia for trademark infringement - LGBTQ Nation

fromLGBTQ Nation
2 weeks ago
Intellectual property law

Patagonia sues drag performer Pattie Gonia for trademark infringement - LGBTQ Nation

#trademark-infringement
Intellectual property law
fromwww.theguardian.com
4 days ago

US figure skater Amber Glenn resolves Winter Olympics music dispute with Canadian artist

Amber Glenn and Seb McKinnon resolved copyright concerns over the use of his song in her Olympic free skate, describing the matter as a misunderstanding.
fromNature
4 days ago

What can I do if my idea has been plagiarized?

A few years ago, I put together what I felt was a truly innovative concept, which I presented in a conference poster at an international meeting in my field. After the presentation, I spoke to another early-career scientist about my work and how it might apply to their findings. Two years later, they scooped me by publishing a preprint paper that presented my idea, with many of the same verbal formulations and an identical flow of ideas, without any acknowledgement or attribution to my work.
Intellectual property law
#intellectual-property
fromForbes
5 days ago
Intellectual property law

5 ChatGPT Prompts To Turn Your Experience Into Intellectual Property Worth Millions

fromThe IP Law Blog
2 weeks ago
Intellectual property law

Who Really Owns Your Startup's IP?

Companies do not automatically own intellectual property created by founders, employees, or contractors; written IP assignment agreements are required to secure ownership.
fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks ago
Intellectual property law

Strengthening IP Enables Human Creativity and Economic Mobility | IPWatchdog Unleashed

Megan Carpenter rebuilt UNH Franklin Pierce School of Law's IP identity, reversing enrollment decline and restoring alumni engagement through focused strategy, credibility, and execution.
fromForbes
5 days ago
Intellectual property law

5 ChatGPT Prompts To Turn Your Experience Into Intellectual Property Worth Millions

Intellectual property law
fromPatently-O
5 days ago

Privity Without Duty: When Patent Inventors Are Bound but Not Represented

University-employed inventors often lose control and compensation decisions when universities and licensees litigate patents without including inventors.
Intellectual property law
fromAbove the Law
5 days ago

Legal AI Might Be Accurate... And Still Not *Right* - Above the Law

AI can be perfectly accurate yet fundamentally incomplete, creating unknown unknowns that humans cannot reliably detect and causing costly legal consequences in patent litigation.
fromElectronic Frontier Foundation
4 days ago

The Internet Still Works: Yelp Protects Consumer Reviews

Yelp hosts millions of reviews written by internet users about local businesses. Most reviews are positive, but over the years, some businesses have tried to pressure Yelp to remove negative reviews, including through legal threats. Since its founding more than two decades ago, Yelp has fought major legal battles to defend reviewers' rights and preserve the legal protections that allow consumers to share honest feedback online. Aaron Schur is General Counsel at Yelp.
Intellectual property law
Intellectual property law
fromPatently-O
1 week ago

An Old Trick in the Patent Book: Targeted Drafting from 1876 to 2026

Patent applicants strategically draft filings to steer USPTO art‑unit assignment and increase claim allowance odds, a practice known as targeted drafting.
#28-usc-1498
#inter-partes-review
fromPatently-O
1 week ago
Intellectual property law

The 'Narrow' Question That Appears in Half of PTAB Obviousness Decisions

A pre-publication patent application can serve as prior art in IPR if later published and thereby backdated to its filing date under pre-AIA 35 U.S.C. §102(e)(1).
fromPatently-O
1 week ago
Intellectual property law

Who Are You? YMTC's Refusal to Identify Its Real Parties in Interest

USPTO Director vacated PTAB institution decisions and denied YMTC's IPR petitions due to Entity List concerns and Office resource allocation.
fromPatently-O
1 week ago
Intellectual property law

The 'Narrow' Question That Appears in Half of PTAB Obviousness Decisions

fromAbove the Law
1 week ago

7 Key Trends In Law Firm Rate Negotiations - Above the Law

Market forces such as rising attorney salaries, persistent inflation, and unrelenting demand in premium practices are giving firms the confidence to push hourly rates beyond historical norms.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 week ago

Judge Wolson Issues Key Summary Judgment Ruling on Eve of Trial in Arbutus v. Moderna

On February 2, 2026, U.S. District Court for the Eastern District of Pennsylvania Judge Joshua D. Wolson, sitting by designation in the U.S. District Court for the District of Delaware, made several key summary judgment rulings in advance of trial in Arbutus Biopharma Corporation and Genevant Sciences GmbH (collectively "Arbutus") v. Moderna, Inc. and ModernaTx, Inc. (collectively " Moderna "), No. 1:22-cv-00252 (D. Del.).
Intellectual property law
Intellectual property law
fromPatently-O
1 week ago

When Obviousness Rejections Pile On: Rethinking Multi-Reference Combinations

Combining numerous prior art references to reject a patent claim often reflects hindsight and risks improper obviousness findings; doctrinal tests already address this.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 week ago

Inside the PTAB Reset: Practical Fixes for a Reengineered PTAB | IPWatchdog Unleashed

Johnson and I discuss obviousness determinations built on excessive combinations of prior art, warning that such analyses blur the line between legitimate hindsight reconstruction and genuine innovation assessment. We also highlight a systemic blind spot: nuisance "ankle-biter" assertions that exploit litigation economics while largely evading PTAB scrutiny. These cases have driven much of the political backlash against patents while remaining functionally untouched by the post-grant review process.
Intellectual property law
#design-patents
fromPatently-O
1 week ago
Intellectual property law

Find the Differences vs Substantial Similarity: Chief Judge Moore Challenges Federal Circuit's Design Patent Infringement Framework

fromPatently-O
1 week ago
Intellectual property law

Find the Differences vs Substantial Similarity: Chief Judge Moore Challenges Federal Circuit's Design Patent Infringement Framework

#patent-litigation
Intellectual property law
fromKotaku
1 week ago

Manga Piracy Site Cost The Industry $5 Billion And Now It's Gone

BATO.TO and roughly 60 affiliated manga piracy sites were shut down after a China-Japan operation, with arrests and alleged economic losses near ¥770 billion.
Intellectual property law
fromPatently-O
1 week ago

Supreme Court IP Docket February 1, 2026: Hikma Leads, Section 101 and IPR Questions on Deck

Hikma v. Amarin challenges inducement doctrine under Hatch-Waxman's skinny-label framework; multiple petitions contest patent eligibility, IPR prior art scope, and trademark issues.
#copyright-infringement
fromTechCrunch
2 weeks ago
Intellectual property law

Music publishers sue Anthropic for $3B over 'flagrant piracy' of 20,000 works | TechCrunch

fromTechCrunch
2 weeks ago
Intellectual property law

YouTubers sue Snap for alleged copyright infringement in training its AI models | TechCrunch

fromTechCrunch
2 weeks ago
Intellectual property law

Music publishers sue Anthropic for $3B over 'flagrant piracy' of 20,000 works | TechCrunch

fromTechCrunch
2 weeks ago
Intellectual property law

YouTubers sue Snap for alleged copyright infringement in training its AI models | TechCrunch

Intellectual property law
fromThe Hacker News
2 weeks ago

Ex-Google Engineer Convicted for Stealing 2,000 AI Trade Secrets for China Startup

A former Google engineer was convicted for stealing over 2,000 AI-related trade secret documents and transferring them to benefit the People's Republic of China.
Intellectual property law
fromPatently-O
2 weeks ago

Large Entities Achieve Double the Patent Allowance Rate of Micro Entities

Large entities secure patents at far higher rates than small and micro entities, with allowance rates of 80%, 61%, and 40% respectively.
fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks ago

USPTO's Stewart to PTAB Masters Attendees: Tell Us Your Story, Focus on the Errors

Stewart told Quinn that she felt 'right out of the gate [after the AIA], we got off on the wrong foot with discretionary denials.'... The petitions were treated as if they were going to be instituted unless the patent owner could prove why they shouldn't be... 'Patent owners were already behind before the proceeding started. We just tried to level the playing field.'
Intellectual property law
#trade-secrets
fromPatently-O
2 weeks ago
Intellectual property law

No Do-Over: Trade Secret Plaintiffs Must Crystallize Their Theory by Summary Judgment

fromPatently-O
2 weeks ago
Intellectual property law

No Do-Over: Trade Secret Plaintiffs Must Crystallize Their Theory by Summary Judgment

fromIPWatchdog.com | Patents & Intellectual Property Law
4 years ago

The Burden of Proof regarding Cellular Wireless Standard Related Patents: Final Thoughts for Our Critics

Do owners of patents for which licensing declarations have been made enjoy more rights than other patent holders? Do such licensing declarations impose obligations on potential licensees rather than on patent holders? Should prospective licensees have no right to challenge such patents? In another responsive article, that is what one commentator claims our series of articles on IPWatchdog asserted, although we never wrote or suggested anything of the sort.
Intellectual property law
#ipr-institution-rates
fromGeeky Gadgets
2 weeks ago

OpenAI's Ad-Backed Plan Strains Loyalty as AMD, Google & Microsoft Surge Ahead

Are OpenAI's recent moves a bold leap forward or a risky gamble that could cost them their dominance in the AI race? Below, Matt Wolfe takes you through how the company's latest decisions, like introducing ads in free tiers, launching budget subscriptions, and claiming intellectual property rights on AI-assisted discoveries, are sparking heated debates across the tech world. While these strategies aim to expand OpenAI's reach and diversify its revenue streams, they've also raised concerns about user trust, data privacy, and the company's long-term vision.
Intellectual property law
Intellectual property law
fromPatently-O
2 weeks ago

Patent Venue's Method Claim Problem: How Many Steps Must Occur in the District?

The central question is whether patent venue requires that all method-claim steps be performed in the forum or whether a subset of steps suffices.
Intellectual property law
fromPatently-O
2 weeks ago

Single-Reference Obviousness: Federal Circuit Says Don't Re-Do the Prior Art's Work

Single-reference obviousness requires recognizing prior-art embodiments as complete teachings; motivation-to-combine and reasonable-expectation tests are inappropriate when elements appear together.
fromIntellectual Property Law Blog
3 weeks ago

PTAB Overly Relied on Statements of Doubt in Determining Conception and Reduction to Practice in Interference Proceedings

Regents of the University of California ("Regents") and Broad Institute were engaged in a patent interference proceeding involving the adaptation of CRISPR systems to edit eukaryotic DNA. Both parties were engaged in extensive testing related to editing eukaryotic DNA during the time of the invention, and both filed multiple patent applications that became the subjects of the patent interference proceedings.
Intellectual property law
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