Wed.Jun 19, 2024

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Nintendo Takedown Wipes “Rhythm Heaven” Remix Tool & 250+ Forks Off GitHub

TorrentFreak

Nintendo has been very active on the anti-piracy front recently, targeting emulators, ROM sites, and other piracy-associated services and tools. Not all alleged pirates are equal, however. In fact, one could argue that some are among Nintendo’s biggest fans. A takedown request from Nintendo, sent to GitHub a few hours ago, is a good illustration.

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Will Third Party Servicers Lose Their Right to Repair Medical Devices Under the APA’s Judicial Review?

JD Supra Law

Med. Imaging & Tech. All. v. Libr. Of Cong., No. 23-5067, 2024 WL 2873107 (D.C. Cir. June 7, 2024) - In October of 2021, pursuant to the triennial review process of the Digital Millennium Copyright Act (“DCMA”), the Library of Congress (the “Library”) promulgated rules exempting certain classes of copyrighted works, e.g., medical software in devices like CT scanners and MRI machines, from anti-circumvention provisions of the DCMA.

IP 119
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Biggest AI Developments of 2024 So Far and What’s Ahead

IP Watchdog

As artificial intelligence (AI) becomes increasingly powerful, its applications continue to expand, and its use gains widespread adoption, new legal challenges in the intellectual property space come with it. From a simplified view, generative AI is the term used to describe algorithms that can create content such as images, written works, audio, and videos.

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The antitrust perspective on patenting strategies in the life sciences industry

JD Supra Law

Antitrust authorities are cracking down on life sciences companies using patenting strategies to delay, block or impede access by competitors to the market. Firms with market power need to be mindful of antitrust when developing and executing patenting strategies.

Patent 75
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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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Are You Better Off Today Than You Were Five Years Ago? Selected comments on the MLC Redesignation: Abby North, North Music Group

The Trichordist

Our friend Abby North offers a thoughtful and detailed series of criteria for change at The MLC, Inc. Many of her ideas are fundamental to the MLC's statutory role and should be taken very seriously.

Music 61
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From Lab to Table: Intellectual Property Trends in Alternative Proteins

JD Supra Law

In 2019, KFC dropped the unexpected into a frier and forever changed the quick-serve restaurant (QSR) industry. They teamed up with Beyond Meat, a leading plant-based meat company, to create a vegan chicken offering, which ignited an emerging trend in some of the largest QSR players across the globe offering plant-based proteins. Impossible Foods, another pioneer in alternative meats, established itself as a household name and quickly gobbled up market share through key partnerships with.

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Supreme Court of Canada dismisses Apotex’s application for leave to appeal macitentan inducing infringement decision

JD Supra Law

As previously reported, the Federal Court of Appeal dismissed Apotex’s appeal of a decision relating to macitentan (Janssen’s OPSUMIT), which found that Apotex would induce infringement of Janssen’s patent.

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Power of Proof: The Role of Documentary Evidence in Trademark Prosecution

Intepat

Intellectual Property is often aligned with a set of intangible assets including invention & creation and when it comes to trademark prosecution it is highly crucial to substantiate your creation with appropriate supporting documents to make your case strong. Supporting evidence is important in any court of law because every allegation or demand in court has to be supported by some evidence otherwise it would be considered baseless.

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Ruling Affirmed: Redemption Diluted Bulleit's Bottle Design

JD Supra Law

The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's bottle resembled the design of the Bulleit's distinct canteen-shaped whiskey bottles. This case demonstrates that a finding of "fame" in dilution cases does not require a company to be a household brand.

Designs 65
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Counterfeit Chic: Knockoff News 71

Likelihood of Confusion

Originally posted 2007-10-22 17:52:04. Republished by Blog Post PromoterI’m a week late, but it’s worth the wait! The post Counterfeit Chic: Knockoff News 71 appeared first on LIKELIHOOD OF CONFUSION™.

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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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Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

JD Supra Law

In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or comprising the name of, a particular living individual without the individual’s written consent. 15 U.S.C. §1052(c) (barring registration for a mark that ”[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written.

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Patents in China: Developments in 2024 and What’s to Come

IP Watchdog

Patent law and practice in China commenced a significant adjustment at the outset of 2024. China’s State Council released its latest revision of the Implementing Regulations of the Patent Law in December 2023, and at the same time, the China National Intellectual Property Administration (CNIPA) released its comprehensive revision of the Patent Examination Guidelines.

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Court Dismisses Patent Claims Directed to Intermittent Fault Detection in Electrical Systems for Aircrafts as Ineligible Subject Matter Under 35 U.S.C. § 101

JD Supra Law

A district court recently granted a Rule 12(b)(6) dismissal of patent claims directed to intermittent fault detection (IFD) technology for electrical systems in aircrafts, deciding that the asserted claims are patent ineligible subject matter under 35 U.S.C. § 101. The court found that the claims fail to recite any specific technological improvements over the prior art, because the alleged innovations were described in the specification but not recited in the claims.

Patent 65
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"ECOPRENEUR" Merely Descriptive of Environmental Awareness Software and Services, Says TTAB

The TTABlog

The Board wasted little Time in upholding the USPTO's Section 2(e)(1) mere descriptiveness refusal of the proposed mark ECOPRENEUR for software and services relating to environmental awareness, including educational and research services. Applicant Time USA, Inc. feebly argued that the word "ecopreneur" does not appear in the Merriam-Webster dictionary, that it is merely suggestive because "understanding of the goods and services in connection with the Mark is not instantaneous,” but requires “s

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Design Patents at the PTAB: Performance Gap Between Design and Utility Patents Highlights the Durability of Design Patents

JD Supra Law

Since the inception of the Patent Trial and Appeal Board (“PTAB”) in 2012, design patents obtained a higher rate of favorable results in Inter Partes Reviews (“IPRs”) and Post Grant Reviews (“PGRs”) than utility patents. For example, the institution rate for design patents is about 38% compared to roughly 65% for utility patents. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Annual Supreme Court Review – Tuesday, July 9 at 8:45 am

CoCal IP Law Institute

Please join us in SoCal IP's Westlake Village office on Tuesday, July 9 at 8:45 am to view the 25th Annual Supreme Court Review livestreamed from the National Constitution Center in Philadelphia. This program is presented by the ADL in partnership with the National Constitution Center. The Supreme Court Review will feature distinguished [.

IP 40
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Observations on the Changing Landscape of the PTAB Director Review Process in 2024

JD Supra Law

So far in 2024, Director Review decisions have shifted from primarily sua sponte DRs to party-initiated DRs. In addition, there has been an increasing number of DR requests by petitioners this year.

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Police Make New Pirate IPTV Arrest as Public Criticism Over Priorities Persists

TorrentFreak

Over several years but much more intensively during the last 18 months, police in the UK have warned that those involved in the supply and sale of pirate IPTV streams will face the consequences. Whether any suppliers of significance took those threats seriously is difficult to say, but a noticeable increase in reported arrests recently suggests that police are responding as promised.

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Federal Circuit Provides Guidance on Trade Secrets Issues

JD Supra Law

Every once in a while, the U.S. Court of Appeals for the Federal Circuit handles a trade secrets case. In a decision published Monday, the court reversed the grant of a preliminary injunction relating to insulin pump patches.

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Secrets and Standards: Balancing the Confidentiality of SEPs in InterDigital v. Oppo [PART I]

SpicyIP

In two significant judgements passed on May 31, a Single Bench and a Division Bench of the Delhi High Court have clarified certain nuances pertaining to Standard Essential Patents (SEP) in India (read more about SEPs here ). Last month Swaraj and Praharsh, in their two-part post (read here and here ), highlighted some problematic aspects of adjudication over SEP disputes in the country.

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Overhaul of the Rosen-Durling Test: A New Era for Design Patent Obviousness

JD Supra Law

In the recent case of LKQ Corporation v. GM Global Technology Operations LLC, the en banc (for the first time in five years) Federal Circuit overruled the long-established Rosen-Durling test used for evaluating the obviousness standard of design patents.

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Lanham Act’s Personal Names Restriction Does Not Violate First Amendment

JD Supra Law

As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The decision represents something of a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment grounds.