Plagiarism Today
MAY 23, 2023
The Andy Warhol ruling is less than a week old, but the Supreme Court may have just shaken the world of artificial intelligence to its core. The post What the Warhol Ruling May Mean for AI appeared first on Plagiarism Today.
Erik K Pelton
MAY 23, 2023
Erik walks you through our new and improved homepage in this video. The post Introducing Our New Home Page appeared first on Erik M Pelton & Associates, PLLC. Erik walks you through our new and improved homepage in this video.
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Plagiarism Today
MAY 23, 2023
YouTube wins a key class action verdict, The Proxy Bay goes offline (and returns) and the Philippines increases copyright powers. The post 3 Count: No Class appeared first on Plagiarism Today.
Erik K Pelton
MAY 23, 2023
The following is an edited transcript of my video “Responding to a Trademark Office Action” After a trademark application is filed with the US Patent and Trademark Office, it is generally about nine months (as of May 2023) until anything is heard back by the applicant. A great majority of the time, the response is an office action. An office action is a letter—really a refusal—issued by an examining attorney at the USPTO that outlines what requirements have not yet been met in the ap
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?
TorrentFreak
MAY 23, 2023
In recent years, many people have canceled their expensive cable subscriptions, opting to use cheaper Internet TV instead. Those who choose the cheapest plans often end up at pirate services. These may work flawlessly for years, until they don’t. Fiscal Police Raid IPTV Service Today, one of the largest pirate IPTV services was taken offline by the Dutch fiscal police ( FIOD ).
IP Watchdog
MAY 23, 2023
The U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) yesterday made public a Sanctions Order against a patent owner that resulted in the cancellation of all 183 claims of five patents challenged in separate inter partes review (IPR) proceedings. The PTAB order said that Longhorn Vaccines & Diagnostics “committed an egregious abuse of the PTAB process” by “selectively and improperly” withholding “material results that were inconsistent with its arguments and
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
MAY 23, 2023
Previously, we wrote about how alleged concerns of “hold-up” and a lack of “transparency”, two non-legal terms without accepted definitions, are being used to advocate for special rules applicable to patents subject to declarations regarding Fair, Reasonable and Non-Discriminatory (FRAND) licensing. These vague concepts are specifically chosen to obfuscate the real issues impacting FRAND licensing and used in an effort to shift traditional burdens of proof, regulate behavior previously found not
JD Supra Law
MAY 23, 2023
The U.S. Supreme Court’s unanimous decision in Amgen Inc. v. Sanofi (referred to as the Amgen decision) likely makes it more difficult for life sciences companies to obtain broad patents claiming an entire genus of antibodies that perform a specified function. In the May 18, 2023, opinion authored by Justice Gorsuch, the High Court affirmed the Federal Circuit’s holding invalidating two Amgen patents that claimed antibodies that inhibit the PCSK9 protein because the patents did not fully enable.
Christopher Roser
MAY 23, 2023
The Toyota Production System (TPS) is the archetype of lean manufacturing. Lean is often used as a synonym for the Toyota Production System, and that is generally quite accurate. It is also sometimes referred to as the “Westernized” version of the Toyota Production System. However, there are some smaller differences in the underlying approach, as.
JD Supra Law
MAY 23, 2023
Publication of the French decree regarding the experimentation of the "direct access" to pharmaceutical products with anticipated reimbursement: a half-hearted step forward for pharmaceutical innovations.
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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.
Michael Geist
MAY 23, 2023
Earlier this month, the CRTC issued the first three of what may become at least nine public consultations on Bill C-11. As I lamented in a post on the consultations , “with short timelines, no resources or support mechanisms for new groups and entities interested in participating, and the absence of the policy direction, this is not a serious attempt to fully engage in Canadians.
JD Supra Law
MAY 23, 2023
On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based on respondent Lynn Goldsmith’s photograph of the artist Prince Rogers Nelson, better known simply as “Prince.”.
IP Law 360
MAY 23, 2023
Taco Bell ramped up its challenge to trademark registrations for "Taco Tuesday" this week by launching a cheeky ad campaign promoting "Taco Bleep" while enlisting the help of basketball pro LeBron James, but lawyers say the fast food chain's success in canceling the registrations could end up coming down to how generic the phrase is.
JD Supra Law
MAY 23, 2023
This week’s bacon-related case of the week may lack a certain recognizable savory smell, but it still manages to pack some helpful insights on the law of joint inventorship. Case of the (recent) week: HIP, Inc. v. Hormel Foods Corporation, No. 22-1696.
Patently-O
MAY 23, 2023
by Dennis Crouch In OneSubsea IP v. FMC Tech (Fed. Cir. 2023) , the court has affirmed a district court denial of attorney fees for the successful defendant. A key holding in the case is that denial of summary judgment serves as a big flashing sign that the case is not exceptional. OSS sued FMC back in 2015 for infringing claims found in ten different patents all relating to subsea processing of hydrocarbons (oil and gas).
JD Supra Law
MAY 23, 2023
As predictions of an economic recession in the United States loom, 2023 has started with extensive layoffs throughout the tech industry. Though not to an equal degree, the biotechnology, pharmaceutical, and life science industries have not been excluded from employment cuts. In January, Verily, the healthcare and life sciences subsidiary of Alphabet, Inc., announced a restructuring that would cut about 15% of its workforce.
IP Law 360
MAY 23, 2023
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
JD Supra Law
MAY 23, 2023
Publication du décret relatif à l’expérimentation du dispositif d’accès direct des médicaments à un financement anticipé : une avancée en demi-teinte s’agissant de l’accès au marché des innovations pharmaceutiques en France.
IP Law 360
MAY 23, 2023
Apple urged a California federal judge Monday to deny Masimo's bid to revive its business trade secrets claim in a dispute over the Apple Watch's health features, arguing his order "correctly summarized" their scope, and that it wasn't "uncommon for courts to summarize wordy purported trade secrets" when issuing orders.
JD Supra Law
MAY 23, 2023
With the amended Counter-Espionage Law, China has broadened its definition of “espionage” to give information related to “national security and interests” the same protections already given to state secrets. The amended law prohibits specified conduct and provides new guidance for the obligations of Chinese government agencies, entities and individuals in protecting national security.
IP Law 360
MAY 23, 2023
Intel is once again accusing a rival chipmaker of hatching a "patent monetization scheme" with a New York hedge fund in order to dispose of its "overabundance of patents" — and alleging that a top lawyer at Irell & Manella used "a conscious and deliberate appeal to the jury's prejudices and passions" to land a nearly billion-dollar verdict in Texas federal court last year.
JD Supra Law
MAY 23, 2023
Executive Summary - In Amgen Inc. v. Sanofi, the United States Supreme Court affirmed the lower courts’ judgment that the asserted claims of U.S. Patent No. 8,829,165 (“the ’165 Patent”) and U.S. Patent No. 8,859,741 (“the ’741 Patent”) are invalid for lack of enablement. The Supreme Court held that a patent covering a class of processes must provide sufficient information to allow those skilled in the art to replicate the full scope of the invention.
IP Law 360
MAY 23, 2023
A California federal judge has refused to certify classes of content owners accusing Google and YouTube of enabling unauthorized use of copyrighted works, saying there was not enough common evidence to warrant the case to move forward on a classwide basis.
JD Supra Law
MAY 23, 2023
Summary - In Amgen v. Sanofi, the Supreme Court unanimously affirmed the District of Delaware and Federal Circuit findings that Amgen’s functionally defined patent claims to a class of therapeutic antibodies are invalid as lacking enablement in the specification. The decision has implications for procurement and enforcement of patents to biotechnology inventions.
IP Watchdog
MAY 23, 2023
Faegre Drinker is actively recruiting a Senior Attorney to join the Patent Practice of the Intellectual Property practice group in its Indianapolis, IN, or Fort Wayne, IN, offices. This is a full-time, permanent position. Successful candidates will work with partners and clients in patent preparation, prosecution, portfolio management, and clearance matters.
JD Supra Law
MAY 23, 2023
Exploring the applicability of its enablement law to life sciences, the Supreme Court of the United States issued a unanimous opinion, concluding that patent claims covering a genus of antibodies defined in part by functional limitations were not enabled by the specification as required by 35 U.S.C. § 112. Amgen Inc., et al. v. Sanofi, et al., Case No. 21-757 (S.
IP Law 360
MAY 23, 2023
A handful of Silicon Valley tech companies persuaded a Patent Trial and Appeal Board panel on Tuesday to wipe out three claims in a patent owned by a small cybersecurity startup and asserted against Cisco to land a $2.75 billion judgment, which has since been rejected by the courts on unrelated issues connected to a now-deceased federal judge's stock profile.
IP Watchdog
MAY 23, 2023
The U.S. Patent and Trademark Office (USPTO) today published a request for comments (RFC) in the Federal Register seeking public input on the pilot program for motion to amend (MTA) practice before the Patent Trial and Appeal Board (PTAB). The Office is considering whether to make the MTA pilot program permanent for patent validity trials under the America Invents Act (AIA) and seeks input on the PTAB’s authority to raise grounds sua sponte during the MTA process.
IP Law 360
MAY 23, 2023
An Illinois federal jury awarded drywall manufacturer National Gypsum Co. $5.5 million on Tuesday, finding several products made by a shower building material company infringe the manufacturer's trademarks on the color and word purple.
43(B)log
MAY 23, 2023
Hardy v. Olé Mexican Foods, Inc., 2023 WL 3577867, No. 22-1805 (2d Cir. May 22, 2023) (per curiam) There was a CD Cal case raising the same “false Mexican origin” claims with a different result. Hardy alleged that defendant’s La Banderita tortilla products violated the NY GBL by deceiving consumers into believing the products were made in Mexico, not the US.
IP Close Up
MAY 23, 2023
Using existing scripts protected under copyright to train Generative AI to draft new ones are at the center for the battle in the ongoing Hollywood Continue reading
LexBlog IP
MAY 23, 2023
Interesting Patents | Unveiling the Future of Casino Gaming: Fraud Detection System by Founders Legal Interesting Patents | Tuesday, May 23, 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.
JD Supra Law
MAY 23, 2023
Who Bears the Burden of Proof for IPR Estoppel? In Ironburg Inventions Ltd. v. Valve Corp., Appeal No. 21-2296, the Federal Circuit held that the patentee has the burden of proving that invalidity grounds not raised in a petition for inter partes review could reasonably have been raised.
LexBlog IP
MAY 23, 2023
On May 22, 2023, Boehringer Ingelheim announced that the FDA has approved the Cyltezo Pen, a new autoinjector option for Cyltezo (adalimumab-adbm). According to a previous announcement from Boehringer Ingelheim, Cyltezo is an FDA-approved Interchangeable biosimilar to Humira (adalimumab) and its commercial license will begin on July 1, 2023. Initially approved in August 2017 as a pre-filled syringe, Cyltezo is indicated to treat multiple chronic inflammatory diseases including rheumatoid arthrit
JD Supra Law
MAY 23, 2023
On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. et al. v. Sanofi, et al., No. 21-757. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid.
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