Plagiarism Today
AUGUST 17, 2023
SoundExchange files lawsuit against SiriusXM, Carin Leon's former manager sues distributor, and the New York Times considering AI lawsuit. The post 3 Count: Sirius Business appeared first on Plagiarism Today.
Erik K Pelton
AUGUST 17, 2023
The following is an edited transcript of my video Filing Your Trademark Application Early: A Cautionary Tale. It’s very important to file your trademark for protection as early as possible for a variety of reasons. One reason is that USPTO takes a really long time, but more importantly, protection begins in many instances when the trademark application is filed, and so it can be a big difference filing now versus filing a year from now.
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Plagiarism Today
AUGUST 17, 2023
Francesca Gino, a prominent Harvard professor, has filed a $25 million lawsuit against her school and three researchers alleging defamation. The post Embattled Harvard Researcher Sues School and Accusers appeared first on Plagiarism Today.
The IP Law Blog
AUGUST 17, 2023
By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC , and affirmed the trial court’s ruling that Instagram, a social media platform, could not face liability for secondary infringement under the “Server Test” because plaintiffs could not prove infringement of their copyrighted
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
IP Law 360
AUGUST 17, 2023
The past week in London has seen legal insurance provider Legal Protection Group sue HDI Global, Rosling King LLP hit with a claim from the property developers who accused their son-in-law of defrauding their company, and T.V. presenter Gabby Logan bring legal action against the Daily Mail’s parent company. Here, Law360 looks at these and other new claims in the U.K.
TorrentFreak
AUGUST 17, 2023
Founded in 2011, AnonFiles.com became known as a popular hosting service that allowed users to share files up to 20GB without download restrictions. As the name suggests, registering an account wasn’t required either; both up and downloading files was totally anonymous. The same also applies to BayFiles.com, an affiliated file-hosting service that was launched by The Pirate Bay.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
AUGUST 17, 2023
Japanese manga comics remain massively popular online but with that comes high levels of piracy that publishers are struggling to contain. On top of dedicated websites pulling in tens of millions of visits each every month, there’s a thriving market of Android and iOS apps offering premium manga content for free but without appropriate licenses.
IP Law 360
AUGUST 17, 2023
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
Cogency Global
AUGUST 17, 2023
What this is : A look at the various state requirements that a corporation may encounter while maintaining assumed names across the US. What this means : With so many variations, it’s easy to see how managing renewals can be difficult when a company is using a number of assumed names across several states.
IP Law 360
AUGUST 17, 2023
Proposed legislation to regulate college athletes' access to NIL compensation may never become law, legal experts say, with anticipated difficulties in gathering congressional support, the likelihood the NCAA will eventually clarify its own policies, and the recent explosion of institutions switching conferences in pursuit of greater revenues themselves.
Advertiser: IPO
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
LexBlog IP
AUGUST 17, 2023
The U.S. Supreme Court affirmed the Federal Circuit’s decision to grant Sanofi’s Motion for Judgment as a Matter of Law for lack of enablement. The Supreme Court analyzed whether Amgen’s claims were enabled. Under Section 112 of the Patent Act, the specification must describe the invention in sufficient detail to enable any person skilled in the art to make and use it.
IP Law 360
AUGUST 17, 2023
A legal marketing company accused in a lawsuit of complicity in a trade secrets theft scheme asked a Georgia federal judge Wednesday to let it walk away from the case, telling the court it's never had any dealings in the Peach State and was never a going concern.
Likelihood of Confusion
AUGUST 17, 2023
Originally posted 2005-01-04 11:01:11. Republished by Blog Post Promoter Aha! See, the Blog Herald is asking the same question I did: Is 2005 the “Year of the Blog Backlash”? Yaakov. The post For Sale: Cabbage Patch Dolls, Pet Rocks appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
AUGUST 17, 2023
A Washington federal judge on Thursday dismissed a complaint brought by game developer Nexon Korea Corporation against rival developer Ironmace and its co-founders, finding that the South Korea-based companies must do battle over allegedly stolen video game source code in Korea, not the U.S.
LexBlog IP
AUGUST 17, 2023
Amended Rule Moves Focus to Admissibility Back in April the Supreme Court approved changes to FRE 702 (Expert Witness Testimony) that will take effect on December 1st. These changes clarify that the preponderance of evidence standard controls the evaluation of expert testimony while also providing structural changes designed to refocus the trial court on admissibility.
IP Law 360
AUGUST 17, 2023
Fifty years after custodian-turned-artist Henry Darger's death, his former landlord and his relatives are in a legal battle over who owns his creative works, with an Illinois federal judge resolving the latest skirmish Wednesday by tossing the landlord's "unclean hands" affirmative defense against the relatives' trademark infringement suit.
LexBlog IP
AUGUST 17, 2023
Six Founders Legal® Attorneys Named to 2024 Best Lawyers: Ones to Watch® in America by Founders Legal Distinguished Achievements in Intellectual Property, Patent Law, Technology, Corporate Governance and Compliance, and Mergers & Acquisitions Law. Founders Legal is pleased to announce that six of its attorneys are included in the 2024 edition of Best Lawyers: Ones to Watch® in America.
IP Law 360
AUGUST 17, 2023
A California federal judge has granted a joint bid by Netflix and a screenwriter to dismiss an intellectual property lawsuit alleging the video-streaming behemoth ripped off ideas from the writer's undeveloped screenplays in its hit science-fiction series "Stranger Things.
LexBlog IP
AUGUST 17, 2023
IPNews® – Moderna has recently taken issue with a trademark application filed for COVID MVAX filed by a competitor. The COVID MVAX trademark application was filed by GlaxoSmithKline. Moderna is taking the position that the trademark will limit its ability to adequately describe its own Covid vaccine.
IP Law 360
AUGUST 17, 2023
Pinterest heads to the Ninth Circuit next week to defend a lower court ruling that allowed the company to use the Digital Millennium Copyright Act to shield itself from copyright litigation over how it markets images that users upload to the social media site. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
LexBlog IP
AUGUST 17, 2023
By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC , and affirmed the trial court’s ruling that Instagram, a social media platform, could not face liability for secondary infringement under the “Server Test” because plaintiffs could not prove infr
IP Law 360
AUGUST 17, 2023
The NCAA has applied its heavy hand — which has been slapped back by courts and legislatures — again, saying that colleges must comply with its name, image and likeness policies even if they conflict with state laws, but recent antitrust decisions might caution against its reasoning, says Kenneth Jacobsen at Temple University.
JD Supra Law
AUGUST 17, 2023
The Federal Circuit issued two precedential decisions in August, reminding parties in Inter Partes Review (IPR) proceedings to refrain from sandbagging and raise all arguments at the first opportunity. In Axonics v. Medtronic, No. 2022-1532, 2012 WL 5006851 (Fed. Cir. Aug. 7, 2023), and Rembrandt Diagnostics v. Alere, No. 2021-1796, 2023 WL 5158071 (Fed.
IP Law 360
AUGUST 17, 2023
A Western District of Washington jury on Thursday partly sided with Inventist Inc., ruling that its unicycle competitor Ninebot Inc. owes more than $850,000 for infringing a utility patent, but rejected Inventist's bid for damages related to infringement of a design patent.
JD Supra Law
AUGUST 17, 2023
The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata Corp. v. SAP SE, Case No. 22-1286 (Fed. Cir. Aug. 1, 2023) (nonprecedential) (Lourie, Taranto, Hughes, JJ.).
IP Law 360
AUGUST 17, 2023
A private equity firm and a former CEO of Global Discovery Biosciences Corp. were hit with default judgments in Delaware Chancery Court on Thursday for alleged roles in a multimillion-dollar scheme to steal Global and its trade secrets and foil recovery through a fraudulent bankruptcy.
JD Supra Law
AUGUST 17, 2023
In a significant decision, the Federal Circuit has clarified the weight given to third-party registrations in determining the strength of the opposer’s mark and has firmly placed the burden of showing non-use of such marks on the opposer. In Spireon, Inc. v. Flex Ltd., 71 F.4th 1355 (Fed. Cir. 2023), the Federal Circuit vacated and remanded the Trademark Trial and Appeal Board’s (“TTAB”) decision sustaining Flex’s opposition to the registration of Spireon’s FL FLEX mark.
IP Law 360
AUGUST 17, 2023
Snell & Wilmer LLP announced Thursday the appointment of a business and employment litigator who has been with the firm for more than two decades as its latest managing partner in charge of its Denver office.
JD Supra Law
AUGUST 17, 2023
Recently, the PTAB held that Samsung Electronics Co. Ltd. (“Petitioner”), met its burden in showing that a third party (the “Third Party”) was neither a real party-in-interest (“RPI”) nor in privity with Petitioner.
Patently-O
AUGUST 17, 2023
by Dennis Crouch Incept LLC v. Palette Life Sciences, Inc. , No. 21-2063 (Fed. Cir. Aug. 16, 2023) (Majority by Judges Schall and Taranto; Dissent-in-part by Judge Newman) The most interesting line in the case for appellate attorneys (and legal scholars) is probably the court’s law/fact distinction in the context of obviousness analysis. The majority wrote: “We see no reversible error … whether viewed as a factual one about the level of [commercial] success or a legal one abou
JD Supra Law
AUGUST 17, 2023
Axonics, Inc. v. Medtronic, Inc., Nos. 2022-1532, -1533 (Fed. Cir. (PTAB) Aug. 7, 2023). Opinion by Dyk, joined by Lourie and Taranto. Axonics filed IPR petitions challenging claims in two Medtronic patents directed to transcutaneous charging of implanted medical devices. In the petitions, Axonics did not propose an express construction of any claim term, but the claim charts accompanying the petitions adopted a construction of two “wherein” clauses such that the clauses require a power source.
IP Law 360
AUGUST 17, 2023
Technology giants are still skeptical about the European Union's proposal to overhaul the system for licensing standard-essential patents, telling the bloc that its move to create a more "transparent" framework could lead to mounting costs and further delays in the licensing process.
JD Supra Law
AUGUST 17, 2023
The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal due diligence process.
The IPKat
AUGUST 17, 2023
Court of Appeal grabs the ball back in breach of confidence interim injunction dispute (L. Prang & Co, C. C. (1872) The cat - Felis domesticus., Retrieved from the Library of Congress, [link] Today's trainee solicitors do not know the heart racing feat of yesteryear of trying to navigate the maze of the Royal Courts of Justice to find the (then) Queen's Bench Division (QBD) Fee Office to pay the Claim Form Fee (by cheque) by 4PM, to then hauling it to the Issuing desk before 4:30PM to issue
JD Supra Law
AUGUST 17, 2023
The Federal Circuit reviewed the latest decision from the Patent Trial and Appeal Board (PTAB) in an inter partes review that claims 3-6 and 10 of U.S. Patent No. 6,548,019 are obvious, in Rembrandt Diagnostics LP v. Alere, Inc.; prior proceedings were reported at Alere, Inc. v. Rembrandt Diagnostics, LP, 791 F. App'x 173 (Fed. Cir. 2019), and Rembrandt Diagnostics, LP v.
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