Intellectual Property Law Blog

MAY 25, 2023

In a per curium order issued under seal May 3, 2023 but recently made public, the Patent Trial and Appeal Board awarded sanctions against Patent Owner, Longhorn Vaccines & Diagnostics, cancelling all challenged claims of its five asserted patents for its “egregious abuse of the PTAB process.” Particularly, the Board determined that Patent Owner, through its counsel, failed to meet its duty of candor and fair dealing before the Board by “selectively and improperly” withholding material inform

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Plagiarism Today

MAY 25, 2023

Things are starting to heat up at the Copyright Claims Board as we have five new contested cases to look at and analyze. The post 5 More Contested Cases Before the Copyright Claims Board appeared first on Plagiarism Today.

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TorrentFreak

MAY 25, 2023

The Internet is littered with shady IPTV services that offer a lot, for very little money. These deals often seem too good to be true and in most cases they are; at least for those who prefer to stay on the right side of the law. Pirate IPTV Raid This week, Dutch fiscal police (FIOD) landed a major success in the battle against this type of piracy by shutting down one of Europe’s largest IPTV operations.

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Copyright Alliance

MAY 25, 2023

Last week’s Supreme Court decision in Andy Warhol Foundation (AWF) v. Goldsmith sent a thunderbolt throughout the copyright community unlike anything we have seen in decades. When the Court issued […] The post 10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part I) appeared first on Copyright Alliance.

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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?

Technology

TorrentFreak

MAY 25, 2023

The US Chamber of Commerce 2023 International IP Index report is a pretty big read at 213 pages, but for those interested in intellectual property matters, it’s an interesting one too. The report benchmarks the IP frameworks in 55 major economies and rates them based on how effectively they protect all kinds of intellectual property. Countries and regions with a reputation for cracking down on infringement tend to gravitate towards the top of the index but that doesn’t prevent the Ch

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The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.

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Likelihood of Confusion

MAY 25, 2023

“Best of” posts will continue until next week. This was originally posted on September 9, 2013. The big story today, as One World Trade Center nears completion, is about “rights” The post Best of 2013: WORLD TRADE CENTER naming rights and municipal IP policy – What rights? appeared first on LIKELIHOOD OF CONFUSION™.

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Cogency Global

MAY 25, 2023

What this is: As of January 11, 2024, Canada will issue apostilles for public Canadian documents, which will be accepted by all other countries currently party to the Hague Apostille Convention and will accept an apostille as confirmation of the authenticity of public documents from other member countries. What this means: Canada's decision to join the Hague Apostille Convention marks an important step forward in facilitating international legal procedures, making it easier for individuals and b

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IP Watchdog

MAY 25, 2023

The U.S. Solicitor General recommended Tuesday that the United States Supreme Court deny Apple, Inc.’s petition asking the Court to clarify the proper application of estoppel in inter partes review (IPR) proceedings. The case stems from a February, 2022, decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in which the court issued a mixed precedential decision that affirmed, vacated, and remanded in part a decision by the U.S.

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Patently-O

MAY 25, 2023

by Dennis Crouch Medtronic, Inc. v. Teleflex Innovations S.A.R.L. , — F.4th — (Fed. Cir. 2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. These patents, US Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379, cover inventions devised to offer an “enhanced backup support” in contrast to using a guide catheter individually.

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Advertiser: IPO

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.

Patent

IP Watchdog

MAY 25, 2023

In response to last week’s hearing of the House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of one of the witnesses, Sy Damle of Latham & Watkins, who also formerly served as U.S.

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IP Law 360

MAY 25, 2023

U.S. District Judge Alan Albright has updated his filing requirements for attorneys, the Copyright Royalty Board is close to announcing its new take on certain royalty rates, and the White House is asking for feedback on artificial intelligence. Here's what you need to know about these recent administrative updates.

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Patently-O

MAY 25, 2023

Longtime patent attorney Martin Abramson just sent me a copy of his short 153 page book titled The Devil’s Dictionary of Patent Law & Beyond: Tapping the Funny Bone of Patent Law. I just spent 10 minutes flipping through and did actually laugh out loud at one of the squibs. The Devil’s Dictionary of Patent Law and Beyond by Martin Abramson fills a long-standing humor gap in patent law.

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IP Law 360

MAY 25, 2023

A federal judge green-lit the transfer of the domain name from a Kentucky hemp company to an Illinois-based one as part of a stipulation that would end a trademark infringement suit that the latter filed against the former.

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JD Supra Law

MAY 25, 2023

The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith because the “purpose and character” of Andy Warhol’s pop art rendition was not sufficiently different from that of Goldsmith’s photograph on which Warhol’s work was based.

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IP Law 360

MAY 25, 2023

MGA Entertainment CEO Isaac Larian on Thursday fiercely rejected arguments that T.I.'s copyright suit against his company is comparable to MGA's epic legal battle with Mattel and other lawsuits his company has filed, telling a California jury the rapper's suit is a "false and a total lie" and "extortion.

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JD Supra Law

MAY 25, 2023

The US Court of Appeals for the Sixth Circuit reversed and remanded a summary judgment ruling, finding that there were genuine disputes of material fact regarding whether the plaintiff’s alleged trade dress was functional and therefore excluded from trade dress protection. DayCab Co., Inc. v. Prairie Tech., LLC, Case No. 22-5625 (6th Cir. May 11, 2023) (Moore, Clay, Stranch, JJ.).

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IP Law 360

MAY 25, 2023

Bang Energy drink maker Vital Pharmaceuticals on Thursday urged a Florida federal bankruptcy judge to prevent its former CEO from using social media accounts tied to the company, saying his postings are jeopardizing a potential sale of the company's assets in its Chapter 11 case.

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LexBlog IP

MAY 25, 2023

Today Celltrion announced that the FDA approved its biosimilar product, YUFLYMA (adalimumab-aaty), a high-concentration (100mg/mL) and citrate-free formulation of HUMIRA. YUFLYMA is approved for the treatment of rheumatoid arthritis, juvenile idiopathic arthritis, psoriatic arthritis, ankylosing spondylitis, Crohn’s disease, ulcerative colitis, plaque psoriasis, and hidradenitis suppurativa.

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IP Law 360

MAY 25, 2023

German sportswear giant Adidas has urged the Second Circuit to revive its trademark suit against clothier Thom Browne after a New York federal jury determined various shoes and apparel didn't infringe Adidas' three-stripe logo, challenging whether the district court properly excluded evidence and whether it rightly informed jurors.

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Trademark 75

LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.

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Fair Use Derivative Work Artwork Copyright Law 52

IP Law 360

MAY 25, 2023

An arbitrator must settle a dispute between a pair of Washington cannabis companies over a soured asset-purchase deal that involved trade secrets, a state appeals court said Thursday, ruling that the enforceability of a contract with an agreement to arbitrate is a question for the arbitrator, not the court.

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Contracts 75

LexBlog IP

MAY 25, 2023

Interesting Patents | 7-Eleven: Revolutionizing Inventory Management with Smart Cup Dispensers by Jaime Chandra Interesting Patents | Thursday, May 25, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.

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IP Law 360

MAY 25, 2023

A former high-ranking UMB executive denied in testimony Thursday that the bank mismanaged the trust of painter Thomas Hart Benton, saying it was proactive and highly engaged even as she acknowledged the bank "learned a hard lesson" after a prohibited sale to an insider.

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LexBlog IP

MAY 25, 2023

New Patent Trial and Appeal Board Decision Analysis by John DeStefano We are delighted to announce an important update to our 35 USC 101 Rejection Subject Matter Eligibility Database. In our commitment to continually provide valuable tools to our community, we have started integrating recent PTAB (Patent Trial and Appeal Board) decisions into the database.

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JD Supra Law

MAY 25, 2023

Creators of works based on another’s copyrighted work have often relied on a defense to copyright infringement known as fair use. Fair use may apply, for example, when a creator takes the work of an earlier creator and changes it enough in either expression, use, or meaning so that the new work is meaningfully different from the earlier work.

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LexBlog IP

MAY 25, 2023

In a per curium order issued under seal May 3, 2023 but recently made public, the Patent Trial and Appeal Board awarded sanctions against Patent Owner, Longhorn Vaccines & Diagnostics, cancelling all challenged claims of its five asserted patents for its “egregious abuse of the PTAB process.” Particularly, the Board determined that Patent Owner, through its counsel, failed to meet its duty of candor and fair dealing before the Board by “selectively and improperly” wit

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Patent Patent Application Art Intellectual Property 52

JD Supra Law

MAY 25, 2023

How do you use the patent system to protect inventions related to the metaverse? What is the Metaverse? Merriam Webster defines the metaverse as “a persistent virtual environment that allows access to and interoperability of multiple individual virtual realities.”.

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Velocity of Content

MAY 25, 2023

CCC has signed a bilateral agreement with the Malaysia Reprographic Rights Centre (MARC) to support its operations and the development of copyright-compliant content consumption in Malaysia benefitting both rightsholders and content users. The agreement enables MARC to include CCC’s comprehensive rights catalog in the licenses it offers to educational and academic institutions in Malaysia.

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JD Supra Law

MAY 25, 2023

The case of Amgen Inc. v. Sanofi, U.S., No. 21-757 dealt with patent law’s “enablement” requirement. Essentially, the Court affirmed 150 years of precedent requiring the invention to be described “‘in such full, clear, concise, and exact terms as to enable any person skilled in the art’ to ‘make and use’ the invention” notwithstanding that antibody technology is unlike any of the technologies in that precedent.

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Nelligan Law

MAY 25, 2023

Reading Time: < 1 minutes Tickets are now available for this year’s Great Canadian Theatre Lawyer Play, the Visit, running from May 1st to June 3rd! Once again the legal community in Ottawa is coming together for a good cause for this year’s Great Canadian Theatre Lawyer Play. It’s set to be a night of entertainment, community, and philanthropy.

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JD Supra Law

MAY 25, 2023

On Tuesday, May 23, 2023, Janssen and Amgen settled their case regarding Amgen’s proposed biosimilar to Stelara in Delaware district court. Stelara, also known as ustekinumab, is an anti-IL-12/IL-23 antibody drug used to treat plaque psoriasis, psoriatic arthritis, Crohn’s disease, and ulcerative colitis. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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LexBlog IP

MAY 25, 2023

The case of Invisalign Australia Pty Limited v SmileDirectClub LLC [2023] FCA 395 (Invisalign v SDC) involved two (2) companies that offer what’s referred to as the “clear aligner teeth straightening treatment” (Clear Aligner). On 23 December 2021, Invisalign Australia Pty Limited (Invisalign) commenced proceedings against SmileDirectClub Australia Pty Ltd and its US parent company [.

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JD Supra Law

MAY 25, 2023

How similar is "similar" in a copyright infringement suit? Frozen very quickly captured the hearts of young children and adults all over the world. It seems that every child, girl or boy knows the words to every song, and because of this, most parents have most likely seen the video at least once.

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Copyright Infringement Copyright 52

IP Law 360

MAY 25, 2023

The Patent Trial and Appeal Board has invalidated various claims in an Orthocision patent related to a way to fix and fuse a joint at the lower part of the human spine, although one administrative judge disagreed in part with the majority decision.

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