Plagiarism Today
APRIL 29, 2024
Garry's Mod removes Nintendo assets after copyright notice, ad agency sues Jindal Steels Brazil cracks down on anime piracy. The post 3 Count: Unmodding Nintendo appeared first on Plagiarism Today.
IP Watchdog
APRIL 29, 2024
GlaxoSmithKline filed a four-count civil action for patent infringement in the United States District Court for the District of Delaware late last week seeking damages for Pfizer and BioNTech’s infringing manufacture, use, sale and marketing of both the original “monovalent” and “bivalent” Comirnaty COVID-19 vaccines. The COVID-19 vaccine was quickly rolled out compared to other vaccines in the past and many pharmaceutical companies benefited financially.
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Plagiarism Today
APRIL 29, 2024
Battlestate Games, the makers of Escape from Tarkov, accuse a competitor of plagiarism in a very unwise move. The post Escape from Tarkov’s Developers Make a Dumb Plagiarism Allegation appeared first on Plagiarism Today.
IP Law 360
APRIL 29, 2024
A board of administrative patent judges has declined one of the petitions challenging claims in an Apple patent involved in some of its disputes with medical technology startups Masimo and AliveCor, citing the board's skeptical view of "multiple, staggered petitions.
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?
Michael Geist
APRIL 29, 2024
Concerns about the impact of social media on youth have been brewing for a long time, but in recent months a new battleground has emerged: the courts, who are home to lawsuits launched by school boards seeking billions in compensation and demands that the social media giants change their products to better protect kids. Those lawsuits have now come to Canada with four Ontario school boards recently filing claims.
IP Law 360
APRIL 29, 2024
Intellectual property law firm Greer Burns & Crain Ltd. has filed a second trademark infringement suit claiming an unknown defendant has been using a nearly identical website domain name to impersonate its attorneys and request the release of court-ordered asset restraints, after winning a similar case last year.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
APRIL 29, 2024
A California federal judge has rejected authors' pick for interim lead counsel in a case accusing OpenAI of copyright infringement, ruling that the request was made too early and must wait until class certification has been decided.
TorrentFreak
APRIL 29, 2024
Last November, IPTV subscription resellers operating from channels4cheap.com (C4C) and purchase-iptv.com found themselves being sued by broadcaster DISH Network. After what appears to have been a handful of trouble-free years of trading, the lawsuit named Texas residents John Gwaka Magembe and Joyce Berry as the alleged operators of the C4C website.
JD Supra Law
APRIL 29, 2024
Non-compete provisions have long been viewed by employers as reasonable and appropriate velvet handcuffs on departing employees and as an unfair burden on competition by the departing employees. The purpose of non-compete provisions is to guard valuable company assets, typically customers and clients which have often been developed over a long period of time and usually at great expense.
Patently-O
APRIL 29, 2024
by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. The petitioner argues that the Federal Circuit’s test, established in Antares Pharma, Inc. v. Medac Pharma Inc. , 771 F.3d 1354 (Fed.
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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.
JD Supra Law
APRIL 29, 2024
Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National Labor Relations Board to the Bureau of Reclamation, the cannabis industry has not really received consistent treatment across the board.
IP Law 360
APRIL 29, 2024
An $86 million case in Texas over stents sold by medical device giant Medtronic has ended in a mistrial after U.S. District Judge Alan Albright was notified that a juror didn't want to budge on a position that was at odds with the rest of the jurors.
JD Supra Law
APRIL 29, 2024
With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment Contracts," April 23, 2024) and litigation already filed to stop what many view as FTC overreach, companies and employers are expected to….
The IPKat
APRIL 29, 2024
This TechieKat is thrilled to attend the 5th Intellectual Property Case Law ( IPCLC ) Conference which is taking place today and tomorrow in Alicante, Spain. As reported here and here , this year’s edition coincides with the 30th anniversary of the European Union Intellectual Property Office (EUIPO). Part of the IPKat team and some Katfriends are also in Alicante reporting on the event.
JD Supra Law
APRIL 29, 2024
For potential buyers in a business merger or acquisition, the loss of key employees is a significant risk. That’s especially true in small- to medium-sized businesses, where critical roles and proprietary business insight can be concentrated in a few individuals and the impact of a key worker’s departure can be magnified. Retaining key employees can be a critical component of post-closing success, especially in the small- to medium-sized business space.
The IPKat
APRIL 29, 2024
Always on the move to attend the latest events What's new in terms of events and opportunities in the IP field? Find out by reviewing the latest edition of our miscellany post. And, for events, do not forget to regularly check our Events page. Happy week to all our readers! Events Virtual Roundtable on Artificial Intelligence, Intellectual Property and Sustainability in Africa (6 May 2024) On 6 May 2024, the Data Science Law Lab at the University of Pretoria (South Africa) will host a virtual Ro
JD Supra Law
APRIL 29, 2024
Last month, Tennessee, birthplace of the “King of Rock and Roll,” broadened the state’s already robust right of publicity statute by passing the Ensuring Likeness Voice and Image Security Act (the so-called “ELVIS Act”). The ELVIS Act, which goes into effect on July 1, breaks new ground by specifically targeting generative artificial intelligence (AI) platforms and services that potentially enable the use of people’s likeness without permission.
IP Law 360
APRIL 29, 2024
A group of visual artists has filed a proposed class action claiming Google's text-to-image artificial intelligence tool Imagen is trained by copying "enormous amounts" of artists' copyrighted works without authorization, the latest suit challenging the use of vast datasets for AI training.
JD Supra Law
APRIL 29, 2024
Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a specific rice product called RIGTHRICE.
IP Law 360
APRIL 29, 2024
A more-than two decade veteran of the U.S. Patent and Trademark Office has left the agency to return to private practice, this time in a new role with Finnegan Henderson Farabow Garrett & Dunner LLP, the firm announced Monday.
JD Supra Law
APRIL 29, 2024
Case Name: Mallinckrodt plc v. Airgas Therapeutics LLC, Civ No. 22-1648-RGA, 2024 WL 1251260 (D. Del. Mar. 22, 2024) (Andrews, J.) - Drug Product and Patent(s)-in-Suit: INOmax® (nitric oxide); U.S. Patents Nos. 9,770,570 (“the ’570 patent”), 8,282,966 (“the ’966 patent”), 8,293,284 (“the ’284 patent”), 8,431,163 (“the ’163 patent”), 8,795,741 (“the ’741 patent”), 8,291,904 (“the ’904 patent”), 8,573,209 (“the ’209 patent”), 8,573,210 (“the ’210 patent), 8,776,794 (“the ’6794 patent”), 8,776,795.
IP Law 360
APRIL 29, 2024
A Delaware federal jury has found that Alcon and various related entities are on the hook for a $34 million judgment in a patent suit about medical devices to treat glaucoma launched by Sight Sciences.
JD Supra Law
APRIL 29, 2024
On March 26, 2024, the Federal Court dismissed Medexus and Medac’s action for patent infringement of Canadian Patent No 2,659,662 (the 662 Patent), finding the asserted claims invalid for obviousness: Medexus Pharmaceuticals Inc v Accord Healthcare Inc, 2024 FC 424.
IP Watchdog
APRIL 29, 2024
When the Center for Strategic and International Studies recently hosted a forum on IP, innovation, national security and geopolitical competition, there was an active discussion about the role of IP – intellectual property - in achieving those other outcomes. An interesting debate emerged over the words that describe those IP functions, suggesting that policy can be ill-served by some habitually used, but perhaps not descriptively accurate, vocabulary.
JD Supra Law
APRIL 29, 2024
In a patent infringement case, the district court granted plaintiff’s motion to strike portions of defendant’s technical expert’s rebuttal report on the basis that defendant failed to timely disclose non-infringing alternatives earlier in the case. In reaching this decision, the court found that a theory of non-infringing alternatives is akin to an affirmative defense, and therefore a defendant cannot wait until rebuttal to disclose that theory.
43(B)log
APRIL 29, 2024
Hetronic International, Inc. v. Hetronic Germany GmbH, F.4th -, Nos. 20-6057 & 20-6100, 2024 WL 1724995 (10 th Cir. Apr. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. The Supreme Court remanded for the court of appeals to revisit its decision that Lanham Act penalties extended to Abitron’s foreign sales to foreign customers because the foreign sales substantially affected U.S.
JD Supra Law
APRIL 29, 2024
The USPTO Director vacated a Patent Trial and Appeal Board decision denying institution of inter partes review for not addressing alleged differences between references in the petition and those considered during prosecution. The Director determined that the board did not sufficiently explain its findings and remanded for further proceedings.
43(B)log
APRIL 29, 2024
Beijing Meishe Network Technology Co. v. Tiktok Inc., 2024 WL 1772833, No. 23-cv-06012-SI (N.D. Cal. Apr. 23, 2024) Skipping the copyright and trade secrets part of the case. (In brief: Meishe argued that Tiktok copied its code via an employee who departed. The court found aspects of the copyright/§1202 claims claim insufficiently specifically pled and granted leave to amend, including to add sufficient detail to establish that the works at issue were not US works and thus exempt from the pre-su
JD Supra Law
APRIL 29, 2024
Over the past 20 years, the Federal Circuit’s opinion in SuperGuide Corp. v. DirectTV Enters., Inc., 358 F.3d 870 (Fed. Cir. 2004), which defined the plain and ordinary meaning of the phrase “at least one of” followed by a series of elements separated by “and,” played an important role in decisions on claim construction in courts across the country, as well as the Patent Trial and Appeal Board (PTAB).
The IPKat
APRIL 29, 2024
The IP Case Law Conference (IPCLC), “Decoding Decisions: Insights from Selected Case-Law” continues and it's now time of the second report. This post has been kindly prepared by Katfriend Mindia Davitadze (Stockholm University). Here’s what he writes: EUIPO BoA IP Case Law Conference Report #3 – “Reconciling the Old with the New: Challenges of Trade Mark Modernization” by Mindia Davitadze The third session of the conference delved into the challenges of trademark modernization, under the theme “
JD Supra Law
APRIL 29, 2024
In 2021, following the Supreme Court’s Arthrex decision, the PTO issued an interim procedure for requesting Director Review. The PTO has now issued a Notice of Proposed Rulemaking (“NPRM”) formalizing the Director Review process. The NPRM outlines various proposed rules governing Director Review including specifying when such review can be requested, the timing and format of a party’s request, the interplay between requesting Director Review or panel rehearing, and initiating sua sponte.
IP Law 360
APRIL 29, 2024
Boehringer Ingelheim Pharmaceuticals has manipulated the U.S. patent and drug approval system to unlawfully block makers of generic inhaler medications, health and welfare funds claimed in a lawsuit filed Monday in Connecticut federal court, arguing that the "availability of generics has tangible cost and life-saving effects.
BYU Copyright Blog
APRIL 29, 2024
New Generative AI Copyright Disclosure Act of 2024 Introduced Legislation or Federal Rulemaking,Artificial Intelligence April 29, 08:59 AM April 29, 08:59 AM On April 09, 2024, a new piece of legislation was introduced in the U.S. House of Representatives concerning Artificial Intelligence and Copyright Law. House Resolution #7913 (H.R. 7913), sponsored by Rep.
IP Law 360
APRIL 29, 2024
Brewing company No-Li Brewhouse LLC has sued a competitor owned by cannabis giant Tilray Brands LLC in Washington federal court, accusing the rival of infringing its "Big Juicy" trademark for beers.
Indiana Intellectual Property Law
APRIL 29, 2024
A legal dispute has arisen between Plaintiff August Image, LLC , a New York -based company representing over 100 contemporary photographers globally, and Indy Founders LLC, operating as Powderkeg , an Indiana-based digital community serving startups and professionals. The lawsuit alleges copyright infringement regarding a professional photograph taken by renowned photographer Peter Yang.
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