IP Watchdog
JANUARY 5, 2024
Recently, amendments to the Implementing Regulations of the Chinese Patent Law were issued and will take effect from January 20, 2024. The Regulations align with the revisions made to the Patent Law in 2020 and provide further guidance. The main changes to the new Regulations, as compared with the 2010 version of the Regulations, can be summarized as follows.
Likelihood of Confusion
JANUARY 5, 2024
I don’t watch a lot of TV — don’t even have one, actually. And I only raise the topic because that is my excuse for missing this epochal commercial riffing. The post Don’t say it! SUPER BOWL®, that is. appeared first on LIKELIHOOD OF CONFUSION™.
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IP Law 360
JANUARY 5, 2024
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
TorrentFreak
JANUARY 5, 2024
On January 1, 2024, TorrentFreak published a review of the wrongful DMCA notices filed against us in 2023, either directly via email or at Google demanding deindexing of our articles. Our small request for 2024 was not unreasonable: stop sending us bogus copyright notices. At the start of 2023, anti-piracy outfits managed to leave us alone for almost three weeks but this year couldn’t manage 24 hours.
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
JANUARY 5, 2024
In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing.
IP Law 360
JANUARY 5, 2024
Two journalists who have written several nonfiction books slapped Microsoft and OpenAI with a proposed class action Friday, claiming their copyrighted works were unlawfully used to train versions of the large language model ChatGPT.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
JANUARY 5, 2024
Male grooming company Manspot is asking an Illinois federal court to step in and declare that it is not infringing the trademark of a similarly named rival that recently delivered a cease-and-desist order.
JD Supra Law
JANUARY 5, 2024
Under certain circumstances, federal agencies have statutory authority to force inventors of patented technology developed with federal funding to grant licenses allowing others to practice the invention. This authority is known as “march-in.” The government has never exercised these rights in the 43 years since the statutory scheme providing for march-in rights was established.
IP Watchdog
JANUARY 5, 2024
In other barks and bites for the first week of 2024, there were several updates from the U.S. Patent and Trademark Office, including recent leadership moves, a U.S. Court of Appeals for the Federal Circuit decision invalidating alternative sweetener patent claims and a precedential designation from the Trademark Trial and Appeal Board.
JD Supra Law
JANUARY 5, 2024
Branding is critical for emerging companies in the healthy food and beverage (“F&B”) space. Strong brands can help companies stand out from competitors and build trust and loyalty with customers. For emerging companies, a strong brand is a significant asset that will undoubtedly help attract investors.
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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.
The IP Law Blog
JANUARY 5, 2024
In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel and listen to this podcast episode here.
JD Supra Law
JANUARY 5, 2024
Stepping on Toes: The Fortnite Legal Dance Battle Victory Royale? - Not quite. In a recent opinion, the Ninth Circuit held that Fortnite’s developer Epic Games might be liable for infringing a well-known choreographer’s copyrighted dance routine. In the Summer 2020 edition of Three Point Shot, we covered another Fortnite dance move copyright dispute, which ended in dismissal of the claims.
IP Law 360
JANUARY 5, 2024
A Florida federal judge on Friday affirmed a magistrate judge's finding that sanctions may be warranted against self-professed bitcoin inventor Craig Wright, agreeing that Wright had delayed disclosing certain financial information to the holder of a $143 million judgment against him.
JD Supra Law
JANUARY 5, 2024
On November 22, 2023, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) provided some rare insight into “the applicability and scope of the attorney-client privilege as it relates to patent counsel.” Op. at 1. Judge Reznik explained that the attorney-client privilege belonged to the assignee and not the inventor.
43(B)log
JANUARY 5, 2024
Caldwell v. Nordic Naturals, Inc., 2024 WL 24325, No. 23-cv-02818-EMC (N.D. Cal. Jan. 2, 2024) Caldwell alleged that the dietary supplement product “Ultimate® Omega 2X” misled consumers into thinking that there is double the amount of omega-3 per serving than the amount of omega in the Nordic Naturals product named “Ultimate® Omega.” The court kicked out quasi-contract, unjust enrichment, and restitution claims with leave to amend and claims for injunctive relief without leave to amend, but othe
JD Supra Law
JANUARY 5, 2024
On November 6, 2023, the PTAB issued an decision instituting inter partes review of U.S. Patent No. 10,681,009 B2 (“the ’009 patent”) in Keysight Technologies, Inc. v. Centripetal Networks, Inc., IPR2022-01421, Paper 16 (PTAB Nov. 6, 2023). This is the second decision the PTAB has issued in this proceeding: after the PTAB originally denied institution of review in August, that decision was vacated and remanded by USPTO Director Kathi Vidal (the blog post covering the Director’s decision can be.
43(B)log
JANUARY 5, 2024
Florida Virtual School v. K12, Inc., 2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. Fla. Jan. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. statements as evidence of confusion. In 2011, Plaintiff sued defendants for using the marks “Florida Virtual Academy/Program” and the associated acronyms, “FLVA/P.
JD Supra Law
JANUARY 5, 2024
Vendor procurement practices will continue to evolve in 2024 to reflect corporate AI risk management and governance policies. While companies are beginning to appreciate that vendor work product may be developed using AI tools unless their contracts specify otherwise, they have not fully appreciated what that means for their businesses.
IP Watchdog
JANUARY 5, 2024
Arnold & Porter is seeking an Engineering Patent Agent for the Intellectual Property practice group. This position is full-time and permanent, and may be located in the following offices: Boston, Chicago, Denver, Houston, Los Angeles, New York, San Francisco, Silicon Valley, or Washington DC. The Patent Agent works with Patent Attorneys to secure patents by preparing, filing, and prosecuting applications involving new inventions with the U.S.
IP Law 360
JANUARY 5, 2024
A federal judge has awarded $8 million to Taser and ended an infringement suit brought by the company against rival stun-gun maker Phazzer Electronics after Phazzer failed to respond to a sanctions bid accusing it of refusing to produce documents and lying about the founding date of the company.
LexBlog IP
JANUARY 5, 2024
In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel and listen to this podcast episode here.
IP Law 360
JANUARY 5, 2024
Koninklijke Philips NV pushed back Friday against SoClean Inc.'s accusation that Philips wrongly blamed SoClean's disinfecting products for a major recall of breathing machines, saying the plaintiff diluted Philips' trademarks by telling consumers its ozone-based cleaner was compatible with the medical devices.
Intepat
JANUARY 5, 2024
*Written by Jonah Jesuraj Sanctus, a 5th year B.A. LL.B (Hons.) student from CHRIST (Deemed to be University) Introduction With the explosion of the internet in the early 2000s, dissemination of information is easier, all the more convenient, and is quite literally, child’s play.Content online has provided better access to consumers in general. It also allowed researchers, educators, artists, and the like a more viable and cost-effective way to expand their markets at an exceedingly faster rate.
IP Law 360
JANUARY 5, 2024
U.S. Patent and Trademark Office Director Kathi Vidal has agreed to review whether the Patent Trial and Appeal Board rightly passed on Nokia's challenges to a trio of NextGen Innovations LLC fiber optical communication patents.
Velocity of Content
JANUARY 5, 2024
The two biggest book business stories of 2023 played out across all aspects of publishing, according to Publishers Weekly. An effort to stop the surge in book bans in US schools and libraries saw publishers, booksellers, and others band together to file lawsuits in Florida, Iowa, and Texas, notes PW ’s Jim Milliot. Click below to listen to the latest episode of the Velocity of Content podcast.
IP Law 360
JANUARY 5, 2024
The Federal Circuit's recent Purdue Pharma v. Collegium Pharmaceutical Inc. decision that the Patent Trial and Appeal Board had authority to issue a final written decision in a post grant review after the prescribed statutory deadline underscores how courts should consider the overall objective of the statutory scheme when balancing the classic conflict between bright-line rules and flexible standards, says Matthew Dowd at Dowd Sheffel.
Indiana Intellectual Property Law
JANUARY 5, 2024
In a recent lawsuit filed by Perma-Green Supreme, Inc. against Dr. Permagreen, LLC , Michael Edward Klott, and FTW Investments LLC , Perma-Green, an Indiana entity in the commercial lawn-care equipment industry, alleges that the defendants engaged in the deliberate and unauthorized use of Perma-Green’s trademark, PERMAGREEN. The complaint asserts that the defendants sold products under the name ‘Dr.
IP Law 360
JANUARY 5, 2024
Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.
JD Supra Law
JANUARY 5, 2024
In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing.
IP Law 360
JANUARY 5, 2024
One of the co-founders of Haley Guiliano LLP, a patent prosecution and intellectual property rights management spinoff from Ropes & Gray LLP, has left the firm for an executive position at intellectual property licensing business Adeia Inc.
LexBlog IP
JANUARY 5, 2024
Emergency Motion for Entry of a PI Schedule Against Celltrion, Formcyon, and Samsung Bioepis On December 28, Regeneron filed emergency motions for entry of a PI schedule in its aflibercept BPCIA cases against Celltrion, Inc., Formycon AG, and Samsung Bioepis (“Samsung”). Regeneron seeks a PI schedule to “ensure an orderly process that will result in resolution of its forthcoming motion for PI before May 17, 2024,” when its regulatory exclusivity period ends.
IP Law 360
JANUARY 5, 2024
The past week in London has seen Lucasfilm use the force in a High Court appeal in a dispute over the use of the late actor Peter Cushing's likeness, defunct crypto lender Celsius bring legal proceedings against cryptocurrency insurance startup Unslashed, and the Kuwaiti pensions authority bring another lawsuit to the table in a $10 million bribery scandal involving the authority’s former boss.
The TTABlog
JANUARY 5, 2024
The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2023). This is the first of two (2) posts; the first five (5) selections are set out below. Additional commentary on each case may be found at the linked TTABlog post. The cases are not necessarily listed in order of importance (whatever that means).
IP Law 360
JANUARY 5, 2024
The U.S. Patent and Trademark Office has agreed to take up a challenge to a 2018 blockchain patent that a group of crypto advocates says is inhibiting innovation in decentralized finance and cryptocurrency.
TorrentFreak
JANUARY 5, 2024
In recent years, website blocking has become one of the most widely-used anti-piracy enforcement mechanisms in the world. ISPs in more than forty countries prevent subscribers from accessing a variety of ‘pirate’ sites, in response to a court order or through a regulatory regime. Estonia Explores Site Blocking European countries have been particularly receptive to these measures with Estonia now considering a similar framework.
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