JD Supra Law
MAY 24, 2023
The U.S. Supreme Court has decided a closely watched case regarding patent law’s enablement requirement, Amgen Inc. v. Sanofi. The Supreme Court affirmed the Federal Circuit’s decision that Amgen’s patent claims were invalid, holding that the patents’ disclosures “offer[ed] persons skilled in the art little more than advice to engage in ‘trial and error.’”.
TorrentFreak
MAY 24, 2023
In recent years, website blocking has become one of the most widely-used anti-piracy enforcement mechanisms in the world. ISPs in several dozen countries prevent subscribers from accessing a variety of ‘pirate’ sites, either through court processes or as part of government-backed administrative blocking regimes. Europe has been at the forefront of this blocking wave.
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JD Supra Law
MAY 24, 2023
The Court held in Amgen Inc. v. Sanofi, 598 U.S. __ (2023) that the "full scope" of the invention defined by the claims must be enabled by the specification. "The more one claims, the more one must enable." Id., at p 13.
Intepat
MAY 24, 2023
Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it. It is highly recommended to seek legal advice while drafting intellectual property agreements because they often involve challenges foraging into interdisciplinary areas such as antitrust laws, franchise regulations, and international trade.
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JD Supra Law
MAY 24, 2023
The legal standard for enablement – the statutory requirement under 35 USC § 112 that a patent must enable those skilled in the art to “make and use” the claimed invention – remains unchanged after the US Supreme Court affirmed the US Court of Appeals for the Federal Circuit’s judgment in Amgen Inc. v. Sanofi on May 18, 2023.
Velocity of Content
MAY 24, 2023
Content reuse is central to most medical communications projects, but navigating the copyright guidelines applicable to this reuse remains a challenge for some agencies and clients. In this post, we’ll provide you with four copyright tips that will help you better understand how published material can be leveraged in your projects in a copyright compliant way.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
MAY 24, 2023
Mediavision has been tracking citizens’ piracy habits across the Nordic countries since 2010. The company’s annual report for Spring 2023, based on a survey conducted in March, has just been released. With Sweden, Denmark, Finland and Norway under the spotlight once again, Mediavision’s pan-Nordic consumer survey aims to measure unlicensed content consumption among 15 to 74-year-old respondents, across categories including movies and TV shows, and access to both via pirate IPTV
JD Supra Law
MAY 24, 2023
Procedural History - Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc. is an appeal from a final written decision in an inter partes proceeding (“IPR”) of the Patent Trial and Appeal Board (“PTAB”) that found claims 1-18 of U.S. Patent No. RE47,614 (“the ’614 Patent”) invalid as obvious over prior art. The Federal Circuit reversed.
SpicyIP
MAY 24, 2023
In this tripartite series, I shall: introduce National Mission on Quantum Technologies and Applications (NM-QTA); provide an overview of international quantum technology space; and offer comments on NM-QTA. Introducing National Mission on Quantum Technologies and Applications (NM-QTA) What is quantum computing? I can only provide a layman’s take on quantum computing.
Technology & Marketing Law Blog
MAY 24, 2023
TikTok outsources some of its content moderation/review to third-party BPOs (Atrium and Telus). Two BPO-employed reviewers claim they suffered psychological harm from their work. The lawsuit claims the BPOs were TikTok’s proxies. Allegedly: TikTok provided all “instructional” and “training” materials. TikTok required content moderators to use its proprietary “TCS” software to review its videos, and it exercised “full control” over that software.
The TTABlog
MAY 24, 2023
In a rare opposition based on genericness, the Board sustained Tumblr's challenge to an application to register TUMBLOG for "[p]roviding customized on-line web pages and data feeds featuring user-defined information, which includes blog posts, new media content, other on-line content, and on-line web links to other websites," deeming the proposed mark to be generic for the recited services.
Patently-O
MAY 24, 2023
Editor’s note: This post is the first in a series relating to the Diversity Pilots Initiative , a project co-organized by Professors Bagley & Chien together with personnel from the USPTO that seeks to advance inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here.
IP Law 360
MAY 24, 2023
A judge has signed off on an agreement that will end the federal government's trademark case against a workplace consulting firm founded by former staffers at the Occupational Safety and Health Administration accused of using the agency's acronym without permission.
The IPKat
MAY 24, 2023
Normal 0 21 false false false DE X-NONE HE Understanding the Nice Classification can be challenging. For instance, why do alcoholic beverages fall in class 33, except for (alcoholic) beer, which falls in class 32? Why are there two classes for beverages, while other classes, such as class 9, cover a broad range of goods, which could easily be separated into several classes?
IP Law 360
MAY 24, 2023
The Patent Trial and Appeal Board has knocked out one of the telecommunications patents at the center of a nearly $32 million infringement verdict against technology company Ericsson, determining that claims previously upheld by a Texas federal jury are obvious by prior art.
IP Watchdog
MAY 24, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision today that Medtronic, Inc. failed to show the challenged claims of five patents covering catheter technology unpatentable. The CAFC specifically upheld the Patent Trial and Appeal Board’s (PTAB’s) finding that the primary prior art reference cited by Medtronic did not qualify as prior art under pre-America Invents Act (AIA) first-to-invent provisions.
IP Law 360
MAY 24, 2023
A Michigan federal judge has agreed to toss a patent owner's sprawling infringement litigation against household names Google and Fox Network over broadcasting technology, determining that the allegations were "confusing" and unclear.
IP Watchdog
MAY 24, 2023
On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision affirming a district court ruling that denied attorney fees to oil drilling equipment company, FMC Technologies. OneSubsea, a competitor in the offshore oil extraction industry, originally sued FMC for patent infringement in 2015; FMC subsequently countersued.
IP Law 360
MAY 24, 2023
Meta Platforms Inc. and a Philadelphia news anchor have agreed to end a lawsuit claiming the social media company allowed her likeness to be used without her permission in racy advertisements on Facebook, a case that spotlighted the evolution of internet content regulation.
JD Supra Law
MAY 24, 2023
While the United States Patent & Trademark office is experiencing an inordinately long backlog, U.S. companies seeking to protect their marks internationally are feeling the impact of the extended wait time, and particularly when it comes to filing considerations for international applications.
IP Law 360
MAY 24, 2023
Zero percent of consumers confused MGA Entertainment's O.M.G. dolls with the pop group OMG Girlz or found a likeness, according to MGA-commissioned surveys presented Wednesday to a California federal jury deciding an intellectual property dispute between the company and hip-hop moguls T.I. and Tiny Harris.
JD Supra Law
MAY 24, 2023
The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of fair use in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869. The case concerned the Warhol Foundation's license of Andy Warhol's colorized silkscreen portrait of the recording artist and cultural icon, Prince, which modified a black-and-white.
IP Law 360
MAY 24, 2023
The solicitor general has urged the U.S. Supreme Court not to dig into questions that Apple, Nike and lyrics website Genius have raised in fights involving Patent Trial and Appeal Board estoppel, whistleblowers and copyright law.
LexBlog IP
MAY 24, 2023
The Real Estate Purchase agreements are also known as Sale Purchase Agreement (SPA), it is a legal contract that sets out the terms and conditions of a real estate transaction between a buyer and a seller. Perhaps the most important document in a property transaction is the Sale and Purchase Agreement (SPA). Are Purchase Agreements Legally Binding in the UAE?
Intepat
MAY 24, 2023
What is the Madrid System? More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. Since then, the Madrid System has expanded and evolved to meet ever-changing business needs. More and more countries have signed up to this unique international trademark registration system.
LexBlog IP
MAY 24, 2023
Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. In a David versus Goliath battle, the Supreme Court issued a landmark ruling against Andy Warhol’s Foundation last week. SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement.
Herbert Smith Freehills
MAY 24, 2023
Global leading law firm Herbert Smith Freehills has advised Sinopec Fuel Oil on the signing of a long term contract for importation, storage, distribution and sale of petroleum products in Sri Lanka. The deal marks Sinopec's entry into the country's retail fuel market. The signing ceremony took place at the Presidential Secretariat on 22 May 2023, with representatives from both the Sri Lankan Government and executives of the Ceylon Petroleum Corporation and Ceylon Petroleum Storage Terminals Lim
LexBlog IP
MAY 24, 2023
There are few artists whose impact resonates with such raw power, emotional depth, and timeless relevance as Tina Turner’s. Her voice was the soundtrack to many lives and the heartbeat of rock ‘n’ roll. Her story, an inspiring tale of resilience and triumph over adversity. Today, we celebrate the unforgettable journey and the monumental legacy of Tina Turner, whose spirit continues to electrify the world.
JD Supra Law
MAY 24, 2023
The Supreme Court unanimously held last week in Amgen v. Sanofi that a patent’s specification must enable a person skilled in the art to make and use the full scope of the invention as defined by its claims. Amgen sued Sanofi in 2014, alleging that Sanofi had infringed its cholesterol-lowering drug patents, which disclosed 26 exemplary antibodies by amino acid sequences.
LexBlog IP
MAY 24, 2023
Once upon a time, at the turn of the millennium, a cat logo with headphones heralded the arrival of a seismic shift in how people listened to music. The name was Napster, and in its wake, it left a transformed landscape of music consumption and copyright law. To understand the Napster phenomenon, you need to hop in a time machine back to 1999, the prehistoric age of the digital era.
JD Supra Law
MAY 24, 2023
The United States Constitution provides the basis for patent laws; it says "Congress shall have power. to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (emphasis added). It is a common refrain that the Constitution is a living, breathing document, and the afore-mentioned clause is perhaps an exemplar.
Likelihood of Confusion
MAY 24, 2023
View Post WSJ.com’s Law Blog reports about the seven-figure effect in the Central District of California for a one-minute-late filing: A judgment in favor of [Morrison & Foster’s] client was. The post Other people’s money appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MAY 24, 2023
The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know that the Supreme Court again declined to weigh in on patent eligibility despite the U.S. Solicitor….
LexBlog IP
MAY 24, 2023
In June 2023, the European Union (EU) will introduce the European Unitary Patent. At the outset, the European Unitary Patent will be enforceable in the 17 States that have ratified the agreement between the EU and the EPO: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden.
JD Supra Law
MAY 24, 2023
Liebe Leserinnen und Leser, In dieser Ausgabe des TRADEMARK INSIGHT haben wir erneut einige interessante Entscheidungen der letzten Monate zusammengestellt. Nachfolgend finden Sie unsere wie immer knappen Zusammenfassungen zu Entscheidungen deutscher Gerichte, der EUIPO-Beschwerdekammern und des EuG. Besonders interessant dürften die Entscheidungen zur rechtserhaltenden Benutzung einer (beschreibenden) Wortmarke (GOURMET), zur Prägung einer gestalteten Wort/- Bildmarke durch den Wortbestandteil.
Herbert Smith Freehills
MAY 24, 2023
UBS - RE Disputes Advising in its recently concluded and entirely successful heavily contested multi-party Court claim for the recovery of lender debt from Vijay Mallya (Bankrupt) by enforcement against a fixed charge in UBS's favour held over residential property in London.
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