Intellectual Property Law Blog
FEBRUARY 10, 2023
As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. So as of early 2023, what effect have those orders had on patent filings? Western District of Texas On July 25, 2022, WDTX’s Chief Judge Orlando L.
SpicyIP
FEBRUARY 10, 2023
Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. A few months ago, the provision was in the headlines saying that honest concurrent use (“ HCU ”) is not a defence to a trademark infringement claim.
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Intellectual Property Law Blog
FEBRUARY 10, 2023
As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. So as of early 2023, what effect have those orders had on patent filings? Western District of Texas On July 25, 2022, WDTX’s Chief Judge Orlando L.
IPilogue
FEBRUARY 10, 2023
Gregory Hong is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School. The National Institute of Standards and Technology (NIST) has been tasked with promoting “U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology.” On January 26, 2023, NIST released their AI Risk Management Framework (AI RMF 1.0) alongside a Playbook suggesting ways to use the AI RMF to “incorporate trustworthiness considerations in the design, development, dep
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?
JD Supra Law
FEBRUARY 10, 2023
On January 31st, 2023, a jury awarded $42 million to medical device company TissueGen in a patent infringement case against Boston Scientific for infringement of U.S. Patent No. 6,596,296, titled “Biodegradable Drug-Releasing Implant.” The ’296 patent relates to a drug releasing biodegradable fiber implant which allows for controlled delivery of therapeutic agents.
McKinsey Operations
FEBRUARY 10, 2023
Tools that enable more agile and transparent financial management can help government leaders tie resources directly to mission outcomes, boosting the impact of taxpayer funds.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
FEBRUARY 10, 2023
In 2020, YouTube ripper Yout.com sued the RIAA , asking a Connecticut district court to declare that the site does not violate the DMCA’s anti-circumvention provision. The music group had previously used DMCA takedown notices to remove many of Yout’s appearances in Google’s search results. This had a significant impact on revenues, the site argued, adding that it always believed it wasn’t breaking any laws and hoped the court would agree.
JD Supra Law
FEBRUARY 10, 2023
Case Name: Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC, No. 21-691-GBW, 2022 WL 17084371 (D. Del. Nov. 18, 2022) (Williams, J.) Drug Product and Patent(s)-in-Suit: Xyrem® (sodium oxybate); U.S. Patent No. 8,731,963 (“the ’963 patent”).
Patently-O
FEBRUARY 10, 2023
United Cannabis Corporation v. Pure Hemp Collective Inc. , Docket No. 22-01363 (Fed. Cir. 2023) This case is still pending before the Federal Circuit, but I found it interesting enough for a preview. United Cannabis holds a broad marijuana patent – US9730911 – with claims directed to a liquid cannabinoid having 95% of either THC or CBD. 5.
JD Supra Law
FEBRUARY 10, 2023
We recently wrote about Dr. Stephen Thaler’s challenge to the Copyright Office’s refusal to register copyright in “A Recent Entrance to Paradise,” in which he has asked a federal appellate court to grant him summary judgment on both copyrightability of Paradise, a work created by his artificial intelligence (AI) system DABUS, and his ownership of copyright in Paradise.
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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.
McKinsey Operations
FEBRUARY 10, 2023
Serving China’s huge and growing meat market requires a deep understanding of its shifting meat consumption profile.
JD Supra Law
FEBRUARY 10, 2023
How far does a trademark extend into the digital art world? French luxury fashion brand Hermès sought to answer this question in its precedent-setting case against artist Mason Rothschild, which concluded with a win for Hermès this week.
IP and Legal Filings
FEBRUARY 10, 2023
Introduction There are two significant conflicts of laws theories under the private international law of corporate entities: the incorporation theory and the real seat theory. These theories relate a corporation to a body of law and address problems including the law that applies to the corporation (lex societatis), the admittance of multinational businesses, and the passing movement of seats.
JD Supra Law
FEBRUARY 10, 2023
To quote a headline from French daily Libération, “Hermès 1, NFT 0.” On February 8, a federal jury in New York sided with France’s storied luxury fashion company, Hermès International S.A., in a trademark battle against LA-based digital artist Mason Rothschild.
IP Watchdog
FEBRUARY 10, 2023
On Thursday, the Senate Judiciary Committee passed a number of bills targeting the pharmaceutical industry. The bills passed on a bipartisan basis and with minimal discussion, by a voice vote, though Senator Mike Lee (R-UT) reiterated concerns he has had since the bills' introduction. Here is a recap of what the bills aim to do.
JD Supra Law
FEBRUARY 10, 2023
Open-source software is different from traditional, licensed software, and some developers might want to be careful about how they use open-source platforms. AI has complicated matters further, and developers need to be aware of balancing benefits and risks.
The IPKat
FEBRUARY 10, 2023
The IPKat has received and is pleased to host the following conference report by former GuestKat Gabriele Girardello (Pavia e Ansaldo) on a life sciences conference that he attended in Amsterdam a few days ago. Here’s what Gabriele writes: Engines are really warming up: one (last?!) life sciences conference before the UPC by Gabriele Girardello At the end of last month this Katfriend had the opportunity to attend a conference in Amsterdam devoted to ‘Pharma & Biotech Patent Litigation Europe
JD Supra Law
FEBRUARY 10, 2023
Last month, the Intellectual Property Owners Association (IPO) and Harrity Analytics announced the release of the 40th annual list of the top 300 organizations receiving U.S. utility patents (see "Top 300 Organizations Granted U.S. Patents in 2022"). Patent Docs readers may recall that the U.S. Patent and Trademark Office stopped releasing its annual list of top patent recipients in 2006 in order to "discourag[e] any perception that we believe more is better.".
IP Law 360
FEBRUARY 10, 2023
A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.
McKinsey Operations
FEBRUARY 10, 2023
Preclinical development can benefit from advances to accelerate innovation, unlock value, and improve quality.
IP Law 360
FEBRUARY 10, 2023
The past week in London has seen international law firm Eversheds Sutherland sued by Hill Dickinson LLP, the FCA begin legal proceedings against John Coldwell Pensions & Investments for its involvement in the British Steel Pension Scheme, and the board of Shell PLC in hot water in a breach of fiduciary claim over its "flawed" climate strategy. Here, Law360 looks at these and other new claims in the U.K.
IP Watchdog
FEBRUARY 10, 2023
This week in Other Barks & Bites: The Senate Judiciary Committee passes a number of bills that aim to reduce drug prices and anticompetitive practices by pharmaceutical companies; the USPTO opens its nomination period for a prestigious technology award; the U.S. Copyright Office tells a district court it acted reasonably in denying Stephen Thaler’s AI-created artwork; and the U.S.
IP Law 360
FEBRUARY 10, 2023
The Sixth Circuit decided on Friday to finally agree with a Tennessee federal judge's conclusion that the late Don Everly was the sole, uncontested writer of one of the Everly Brothers' biggest hits, and not his deceased brother.
Nelligan Law
FEBRUARY 10, 2023
Reading Time: 3 minutes You have just been called into a meeting with your boss and told that your employer is terminating your employment. Your boss then hands you a letter that sets out a severance package containing various financial payments they say you are entitled to. They put in a tight deadline for you to sign and return the severance package.
IP Law 360
FEBRUARY 10, 2023
Nimitz's patent assertion campaign against BuzzFeed and others inadvertently provides unprecedented insight into how nonpracticing entities shield themselves from penalties of bad faith litigation, reminding litigants to consider pressing for disclosure of entities that control a litigation but aren't the named plaintiff, says Aakash Patel at Flaster Greenberg.
IAM Magazine
FEBRUARY 10, 2023
In a preview of IAM's upcoming DEI Special Report, those on the cutting edge share experiences of efforts to diversify talent pools, prioritise inclusion and build strong and supportive cultures that yields results
IP Law 360
FEBRUARY 10, 2023
A group of models suing a North Carolina strip club for intellectual property infringement want a judge to stop the club from discovering when and how the models' attorneys found out that the club was using their images in advertisements without their permission, claiming the information is protected by attorney-client privilege.
Likelihood of Confusion
FEBRUARY 10, 2023
Walter Olson: With all his lawyer chums from Milberg-witness days, you’d think Ben Stein could have saved the makers of his creationist movie from stumbling into textbook IP infringements [Myers, The post Ben Stein trips over IP appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
FEBRUARY 10, 2023
Hotel heiress Paris Hilton has hit back at a photographer's copyright lawsuit over photos posted on Instagram of the socialite's Electrify perfume, saying that the photographer doesn't own the photos and is trying to blame the person "who afforded her the opportunity of a lifetime.
JD Supra Law
FEBRUARY 10, 2023
The recent Reilly v. Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog (podcast).
IP Law 360
FEBRUARY 10, 2023
All parties in litigation will experience confirmation bias — the tendency to selectively search for information that supports one’s preexisting beliefs, and downplay conflicting facts — but attorneys can use several strategies to reduce its effects on jurors, clients and even themselves, say Steve Wood and Bill Kanasky Jr. at Courtroom Sciences.
JD Supra Law
FEBRUARY 10, 2023
Just under two years after the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Shawne Alston, et al., which opened the door for college athletes to be compensated for the use of their name, image, and likeness (NIL), the National Collegiate Athletic Association (NCAA) made its most significant move toward regulating possible abuses of NIL in college sports.
IP Law 360
FEBRUARY 10, 2023
Law360 is looking for avid readers of our publications to serve as members of our 2023 editorial advisory boards.
LexBlog IP
FEBRUARY 10, 2023
The recent Reilly v. Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.
JD Supra Law
FEBRUARY 10, 2023
Inventorship issues can have serious implications in patent litigation, leading to invalidation or unenforceability of the patent at issue, as seen in several notable 2022 cases. In the coming year, patent owners should take steps to minimize risks related to improper inventorship challenges.
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