Thu.Jan 16, 2025

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How Old Bay Seasoning Sparked a Copyright Battle

Plagiarism Today

In another case before the Copyright Claims Board, a dispute that began over an Old Bay Seasoning bottle became incredibly heated. The post How Old Bay Seasoning Sparked a Copyright Battle appeared first on Plagiarism Today.

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Artificial Intelligence – 2024 Year in Review

JD Supra Law

The year 2024 witnessed significant developments in the legal landscape governing artificial intelligence (AI). Three states passed comprehensive AI legislation, with others passing multiple laws that regulate certain AI uses. Sector-specific regulators, including the Securities and Exchange Commission (SEC), Federal Trade Commission (FTC), Department of Justice (DOJ) and New York Department of Financial Services (DFS), continued enforcement efforts under existing laws and regulations that.

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3 Count: Fixed Tangles

Plagiarism Today

Sculpture case against Aritzia revived by Ninth Circuit, Indian blockbuster faces piracy challenges and NHL copyright claims commentators. The post 3 Count: Fixed Tangles appeared first on Plagiarism Today.

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Skilled Artisan’s View Is Decisive in Assessing Asserted Claim Drafting Error

JD Supra Law

The Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the legal standard for correcting obvious type inaccuracies in patent claims, explaining that the view of a skilled person at the filing date is decisive when assessing whether a patent claim contains an obvious error. Alexion Pharmaceuticals, Inc. v. Samsung Bioepis NL B.V., Case No.

Patent 117
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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Poppy Playtime Sues Google for Failing to Remove Copyright Infringing ‘Scam’ Apps

TorrentFreak

With 40 million players worldwide and over a billion views on YouTube, the Poppy Playtime game series has gained a massive following. Created by the American indie game studio Mob Entertainment, the game is particularly popular among fans of horror games and online content creators. A planned Poppy Playtime live action movie will only add to this lure.

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SCOTUSblog Publisher Tom Goldstein Indicted In Tax Case

IP Law 360

Tom Goldstein, a publisher of SCOTUSblog and one of the most experienced U.S. Supreme Court lawyers in the country, was indicted Thursday in Maryland federal court on charges he schemed to evade taxes for years and used funds from his boutique law firm to cover gambling debts.

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NPE Patent Litigation Increased By 22% In 2024

IP Law 360

Patent lawsuits launched by nonpracticing entities shot up in 2024, with the Eastern District of Texas being the primary hotbed for such cases, according to a new report.

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AI Drug Development: FDA Releases Draft Guidance

JD Supra Law

On January 6, 2025, the U.S. Food and Drug Administration (FDA) released draft guidance titled Considerations for the Use of Artificial Intelligence To Support Regulatory Decision-Making for Drug and Biological Products (guidance) explaining the types of information that the agency may seek during drug evaluation. In particular, the guidance outlines a risk framework based on a context of use of Artificial Intelligence (AI) technology and details the information that might be requested (or.

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U.S. Copyright Office Activities in 2024: A Year in Review

Copyright Alliance

In the previous blog post, we covered various copyright-related legislation during last years Congressional session. 2024 also proved to be a busy year for the U.S. Copyright Office (USCO) whose […] The post U.S. Copyright Office Activities in 2024: A Year in Review appeared first on Copyright Alliance.

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Ninth Circuit Upholds Significant Trademark Damages Award

JD Supra Law

In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage Company USA LLC, No. 23-3142.

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IPO Diversity in Innovation Toolkit

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.

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What is a Professional Corporation? A Visual Overview

Cogency Global

What this is : A handy little sheet that highlights the process of forming, as well as the pros and cons, of an entity type called a Professional Corporation. What this means : State-by-state legal requirements for Professional Corporations vary significantly. As such, licensed professionals looking to incorporate should consider available entity types in accordance with their line of work, as well as the specific requirements for forming a Professional Corporation.

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Key Federal Circuit Patent Rulings Impacting Your Business - Recent Rulings - January 2025

JD Supra Law

Contour IP v. GoPro: Federal Circuit Offers Insight into Alices Step One Analysis. In Contour IP v. GoPro, the Federal Circuit reversed a summary judgment order invalidating two of Contour IPs patents directed to portable point-of-view (POV) video cameras as patent ineligible under 35 U.S.C. 101.

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A more nuanced approach to the evidence standard for prior use (T 1311/21)

The IPKat

The decision of the EPO Board of Appeal in T 1311/21 provides important guidance on evaluating standards of proof in cases of alleged prior use. The Board of Appeal suggests that there should be a nuanced approach to assessing this evidence, that moves beyond the traditional binary choice between the "balance of probabilities" and "beyond reasonable doubt".

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Equity Is Neither a “Good” Nor a “Service” Under Lanham Act

JD Supra Law

The US Court of Appeals for the Ninth Circuit affirmed a district courts decision that, in terms of trademark use in commerce, corporate equity is not a good or service under the Lanham Act. LegalForce RAPC Worldwide, PC v. LegalForce, Inc., Case No. 23-2855 (9th Cir. Dec. 27, 2024) (Thomas, Wardlaw, Collins, JJ.) (Collins, J., concurring).

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GuestPost: A referral broadened? To have one’s cake, to eat it.or not yet to get it (G 1/24)

The IPKat

The referral to the Enlarged Board of Appeal in G1/24 is one of the most closely watched referrals of recent times ( IPKat ). The referral will address a question relevant to every European patent application, namely how should the claims be interpreted? Unsurprisingly, the amicus curiae have been flooding in (including from CIPA ). KatFriend, Greg Corcoran , who contributed to CIPAs Amicus Brief, now takes a look for IPKat at the comments from the EPO President on the referral, and presents his

Art 63
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Bit Swap: Motivation to Modify Prior Art Needn’t Be Inventor’s Motivation

JD Supra Law

Addressing the issue of obviousness, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision, finding that the challenged patent claims were obvious because a person of ordinary skill in the art (POSITA) would have been motivated to switch two specific information bits in a 20-bit codeword to improve performance.

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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal about 95% of the time just by looking at the marks and the goods/services. Of course, if you just said "affirmed" you'd be right about 89.5% of the time. Anyway, here are three Board decisions issued early this year. No hints this time. How do you think they came out?

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The Power of Patents: Protecting Your Innovation and Boosting Your Business

JD Supra Law

Whether youre a startup founder, an innovator, or a multi-national corporation, understanding the strategic importance of patents can transform the way you protect and leverage your intellectual property (IP) portfolio.

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USPTO Fee Report: Discounts Don’t Cut It for Incentivizing New Patent Participants

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today announced the findings of two reports conducted by third-party academic economists and submitted to Congress late last year, as required by the Unleashing American Innovators Act of 2022 (UAIA). One report examined the impact of patent application fees on entry into patenting, while the other focused on the USPTOs fee structure and addressed issues such as the potential impact on small and micro entities, whether fee structure changes are needed

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The Not-So-Safe Harbor for Research Tools: Lessons From the District of Delaware

JD Supra Law

In BlueAllele Corp. v. Intellia Therapeutics, Inc., 2024 U.S. Dist. Lexis 222094 (D. Del. Dec. 9, 2024)1, the District of Delaware addressed several issues relevant to the safe harbor defense in Hatch-Waxman litigation.

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Dragons’ Den IP Blog- Series 22 Episode 2

Dragons' Den

From mystery football shirts on your doorstep to Italian pizza in pubs, the second episode of series 22 was full to the brim with keen entrepreneurs ready to pitch their business to the Dragons. The panel of business moguls were, as always, full of questions to keep them on their toes. In this episode, I tuned into all things Intellectual Property (IP) whilst taking notes of a few businesses that would certainly be useful in my own life!

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2024 Hatch-Waxman Year in Review

JD Supra Law

In 2024, the Hatch-Waxman Act continued to play a critical role in the U.S. pharmaceutical landscape, driving the dynamics between brand-name drugmakers and generics. This landmark legislation, enacted to encourage innovation while ensuring access to affordable medications, remained a focal point for numerous legal battles and regulatory shifts.

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Another N.D. Ill. Judge Balks at SAD Scheme Joinder–Zaful v. Schedule A Defendants

Technology & Marketing Law Blog

Zaful is an online retailer with a trademark that seemingly rhymes with…awful? It claims copyright in 1,800+ product shot photos and says TEMU merchants are infringing those product shots in their listings. (Longtime readers know how I feel about copyright enforcement of product shots ). Zaful used the SAD Scheme to sue 13 merchants for copyright infringements of its photos.

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Lager Than Life: $56 Million Verdict in Beer Trademark Dispute Still on Tap

JD Supra Law

The US Court of Appeals for the Ninth Circuit upheld a $56 million trial verdict in a trademark dispute, finding that the evidence supported the jurys conclusion that a beer companys rebranding of one its beers infringed a competitors trademark. Stone Brewing Co., LLC v. Molson Coors Beverage Company USA LLC, Case No. 23-3142 (9th Cir. Dec. 30, 2024) (Graber, Friedland, Bumatay, JJ.

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Intel Says Prior Art Ruling Bolsters Its Case Against VLSI

IP Law 360

The Federal Circuit's recent decision clarifying when patent applications can be counted as prior art should be taken into account as the court reviews whether the Patent Trial and Appeal Board rightfully invalidated a VLSI Technology patent, challenger Intel Corp. said Thursday.

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Just Compensation Based on Hypothetical Negotiation

JD Supra Law

In a long-standing copyright dispute on its second visit to the US Court of Appeals for the Federal Circuit, the Court affirmed the modest damages award from the US Court of Federal Claims, ruling that a hypothetical negotiation between the parties would have resulted in a license in the amount awarded by the claims court. Bitmanagement Software GmBH v.

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IP Forecast: Mass. Court To Hear Inequitable Conduct Fight

IP Law 360

A federal judge in Massachusetts will hear arguments that a CEOs intentional misrepresentations, omissions and half-truths at the patent office should sink his companys infringement case over tamper-resistant plastic containers. Here's a spotlight on where that case stands plus all the other major intellectual property matters on deck in the coming week.

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Pink Is Not the New Black: See Functionality Doctrine

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed a Trademark Trial & Appeal Board decision canceling trademarks for the color pink for ceramic hip components, stating that substantial evidence supported the Boards findings that the color pink as used in the ceramic components was functional. CeramTec GmbH v. CoorsTek Bioceramics LLC, Case No. 23-1502 (Fed.

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Teradyne Tells 9th Circ. Jury Should Weigh Copyright Row

IP Law 360

Teradyne urged the Ninth Circuit on Thursday to revive its allegations Astronics Test Systems lifted its copyrighted code to sell competing digital test instruments, arguing there are factual disputes a jury should have resolved, including whether Astronics' copying was fair use and the amount of code used.

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Federal Circuit: Published Patent Applications Available as Prior Art in IPRs as of Filing Date

JD Supra Law

The U.S. Court of Appeals for the Federal Circuit ruled on Jan. 14, 2025, in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., that published U.S. patent applications may continue to be used as prior art in inter partes review (IPR) proceedings as of the date the application was filed with the U.S. Patent and Trademark Office (USPTO). The ruling is consistent with established practice and is a win for IPR petitioners.

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EpiPen Direct Buyers, Mylan Ink $75M Antitrust Deal

IP Law 360

Mylan Pharmaceuticals has agreed to pay $73.5 million to resolve claims it worked with Pfizer to inflate the price of the latter's popular auto-injecting emergency allergy medication EpiPen, a proposed class of direct purchasers told a Kansas federal judge Wednesday, bringing the total settlement to $123.5 million.

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Fee Increases for Trademark Applications and Maintenance Effective January 18, 2025

JD Supra Law

The U.S. Patent & Trademark Office (USPTO) has finalized new fees for trademark applications and renewals. These fee increases vary by type of submission, but these changes may impact strategic considerations for trademark filings.

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Google, Kove Settle Cloud Storage Patent Case

IP Law 360

Google and Kove IO Inc. have settled claims that the technology behemoth infringed three of the Chicago software company's patents covering cloud storage technologies, the parties told an Illinois federal court, concluding a dispute similar to another involving Amazon where Kove won a $673 million jury award, plus interest.

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Tilbury Battles Beauty Dupes with Marketing Savvy—But IP Still Matters

JD Supra Law

Charlotte Tilbury is responding to the growing trend of beauty copycats, or dupes, with a sharp focus on marketing. Last month, cosmetics and beauty brand e.l.f. avoided liability for duping competitor Benefits Roller Lash mascara.

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2nd Circ. Revives Wonderful Pistachios' Trade Dress Case

IP Law 360

The Second Circuit revived a trademark infringement complaint from The Wonderful Co. LLC and Cal Pure Produce against pistachio-selling rival Nut Cravings Inc., saying Thursday that the plaintiffs plausibly alleged a likelihood of confusion in how each company's products are packaged, contrary to what a Manhattan federal judge concluded in dismissing the case.