Plagiarism Today
NOVEMBER 27, 2023
Zack Nelson, the man behind JerryRigEverything, claims that Casetify copied his and dbrand's work. And he has significant proof. The post Understanding The JerryRigEverything/Casetify Copyright Battle appeared first on Plagiarism Today.
Erik K Pelton
NOVEMBER 27, 2023
The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 2. [ For Part 1, see here. ] Here is more about how the Madrid System works: To obtain trademark protection in other countries, the owner will need a basic application or registration filed with a country with which: you have a personal or commercial relationship, and which is a part of the Madrid system Once you have the application or registration, you will file for yo
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Plagiarism Today
NOVEMBER 27, 2023
Open AI and Microsoft face another lawsuit, mural painted over after a copyright complaint and phone cases spark new lawsuit. The post 3 Count: Piling On appeared first on Plagiarism Today.
TorrentFreak
NOVEMBER 27, 2023
Popular Internet infrastructure service Cloudflare has come under a lot of pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. Cloudflare Must Stop Pirate Site Pirate sites have proven to be quite a headache for Cloudflare and have landed the San Francisco-based tech company in court on several occasions.
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?
The IPKat
NOVEMBER 27, 2023
We have moved one step closer to a referral to the Enlarged Board of Appeal on description amendments. As previously reported , in appeal case T 56/21 the Board of Appeal invited the applicant (Roche) to request a referral to the EBA on the question of compulsory adaptation of the description in line with the claims. The applicant has subsequently submitted their request for a referral.
IP Watchdog
NOVEMBER 27, 2023
Here we go again! We’ve heard the story in the past, which is sadly all too common. A patent owner prevails in federal district court, and also prevails at the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) challenge, but somehow finds themselves still fighting an ex parte reexamination. How is this possible? Perhaps something will be done—this time—because the abusive, harassing challenger is Chinese company TikTok, who is seeking to invalidate the very same claims it fail
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Likelihood of Confusion
NOVEMBER 27, 2023
Nice event last night at “Meet the Bloggers VII” otherwise not in the least bit known as the “IP Law BlogFestivus.” You may want to check out the resultant IP Law BlogDex. The post I have met the bloggers, and they are us! appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
NOVEMBER 27, 2023
Court Grants Motion To Dismiss in Kadrey AI Training Data Case - In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta Platforms, Inc. The case is a putative class action brought by three authors — Sarah Silverman, Richard Kadrey and Christopher Golden — who alleged that Meta had used their copyrighted books to train LLaMA, a set of artificial intelligence (AI) large language models.
Patently-O
NOVEMBER 27, 2023
Guest post by Jonathan Stroud and Sam Korte. Mr. Stroud is the General Counsel of Unified Patents and Mr. Korte is Senior Principal Counsel – IP at Garmin. An exotic insurance product has recently taken the litigation world by storm. Judgment preservation insurance, or JPI, was neither offered nor widely discussed, at least publicly, as recently as five years ago. [1] Now, it’s hard to avoid; a brief Internet search will turn up hundreds of hits and dozens of explainer articles by insu
JD Supra Law
NOVEMBER 27, 2023
The UK Intellectual Property Office has published a draft regulation on exhaustion of intellectual property rights, which has been laid before Parliament for approval. The regulation is aimed at ensuring that the UK's post-Brexit 'one-way' exhaustion regime continues after the Retained EU Law (Revocation and Reform) Act comes into effect on 1 January 2024, at least for now.
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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 IPKat
NOVEMBER 27, 2023
By decision of 9 October 2023, the Board of Appeal (BoA) of EUIPO annulled the initial refusal to register a position trade mark for footwear. After noting that consumers are accustomed to the presence of geometric signs in the footwear sector, the Board of Appeal ruled that the contested sign is sufficiently striking and memorable to be distinctive.
JD Supra Law
NOVEMBER 27, 2023
We all know that policymakers are increasingly focused on lowering drug costs. From the Inflation Reductions Act's Medicare price negotiations (aka price controls) to the recent proposals directed at pharmacy benefit managers ("PBM's"), there have been many efforts aimed at reigning in the costs of pharmaceuticals and biologics.
The IPKat
NOVEMBER 27, 2023
Darren Meale of Simmons & Simmons presents the thirteenth volume in his rundown of notable trade mark cases over the past six months. Over to Darren: Retromark Volume XIII: the last six months in trade marks by Darren Meale I can only apologise for having again taken longer than six months to compile this volume, which instead spans the best part of 2023 – although attendees at Retromark: the conference back in May will have had a chance to hear about some of its highlights already.
JD Supra Law
NOVEMBER 27, 2023
This post continues our summary of substantive orders in patent litigation in the District of Minnesota. This summary includes a motion to compel production of chemical intermediates from an overseas manufacturer in pharmaceutical litigation and summary judgment concerning infringement and validity.
IP Law 360
NOVEMBER 27, 2023
Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.
JD Supra Law
NOVEMBER 27, 2023
Federal Court of Appeal (FCA) dismisses appeal on finding of inducement: Apotex Inc v Janssen Inc, 2023 FCA 220 - Apotex appealed the trial decision, finding that Apo-Macitentan would infringe Canadian Patent No. 2,659,770 (770 Patent).
The IPKat
NOVEMBER 27, 2023
The full written decision of the Board of Appeal in T 0116/18 , the referring Board to G2/21 , was published today. Whilst we have already had a number of Board of Appeal decisions interpreting G2/21 ( IPKat ), the decision in T 0116/18 provides the most comprehensive analysis so far. The Board of Appeal's interpretation of G2/21 in T 0116/18 is also fascinating for its explicit rejection of the language of plausibility, its acknowledgement of the divergence between the EPO and the UK courts on
JD Supra Law
NOVEMBER 27, 2023
On November 8, 2023, Regeneron Pharmaceuticals Inc. filed a BPCIA Complaint against Celltrion Inc. in the district court for the northern district of West Virginia, asking the Court to block Celltrion’s biosimilar product “CT-P42” – Celltrion’s proposed biosimilar of Regeneron’s drug Eylea® (aflibercept) – from entering the United States market. Regeneron Pharmaceuticals Inc. v.
Michael Geist
NOVEMBER 27, 2023
For many years, Canadians have lamented the state of competition for Internet broadband services, pointing to concerns regarding price and lack of choice. Earlier this month, the CRTC seemed to agree, admitting in a decision involving competitive access that it is “ important that the Commission revise its approach to promote competition and protect the interests of Canadians.
JD Supra Law
NOVEMBER 27, 2023
Kilpatrick partner Ted Davis spoke recently at the annual meeting of the Intellectual Property Institute of Canada concerning recent trademark decisions of the Supreme Court of the United States.
IP Law 360
NOVEMBER 27, 2023
The Patent Trial and Appeal Board has denied a petition by biotechnology company Microbiotica seeking post-grant review of a cancer treatment patent held by the University of Texas System.
The IPKat
NOVEMBER 27, 2023
The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi and Jarieke Timmerman (both BarentsKrans) on a recent decision of the Dutch Supreme Court regarding the notion of ‘due cause’ within the context of enforcement of trade marks. Here’s what Jan and Jarieke write: Dutch Supreme Court: when due cause has already been established, no further assessment of (dis)honest practices is required by Jan Jacobi and Jarieke Timmerman Paying tribute may be fla
JD Supra Law
NOVEMBER 27, 2023
Aside from the actual games on the field, the college football press has been fixated on one story over the past several weeks: the Michigan "sign stealing" controversy. Michigan head coach (and former Chicago Bears quarterback) Jim Harbaugh has been suspended from appearing at the field for the last three games of the season -- including the critical game against Ohio State -- by the Big Ten conference, and may see further punishment when the NCAA completes its investigation.
43(B)log
NOVEMBER 27, 2023
In re SoClean, Inc., Marketing, Sales Practices & Products Liab. Litig., 2023 WL 8006602, MDL No. 3021, No. 22-542 (W.D. Pa. Nov. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions.
IP Watchdog
NOVEMBER 27, 2023
This week in Washington IP news, the House and Senate are having a quieter week after the Thanksgiving break, but a House subcommittee delves into the critical software supply chain. Elsewhere, the USPTO celebrates Hispanic innovators, discusses fashion and IP and continues its tutorial series on Patent Center.
Trading Secrets
NOVEMBER 27, 2023
2023 has brought many changes to the landscape of restrictive covenants—from non-compete bans (actual and proposed), to new court decisions impacting the enforceability of covenants in various jurisdictions, to changes in wage thresholds, and of course we cannot forget California’s new laws that have left many scratching their heads trying to determine how best to comply.
Biswajit Sarkar Copyright Blog
NOVEMBER 27, 2023
Intellectual Property Rights (IPR) refer to the legal rights granted to individuals or entities over creations of the mind. These rights safeguard intangible assets resulting from human creativity and innovation, allowing creators to have control and benefit from their inventions or creations. IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations.
LexBlog IP
NOVEMBER 27, 2023
Earlier this year the Federal Trade Commission announced updates to its Endorsement Guides (“Guides”), which provide direction to advertisers to ensure that advertising using endorsements is truthful. The updated Guides address new and changing issues presented by the contemporary advertising landscape, with a significant focus on social media advertising, and provide many examples of the types of advertising practices that may be considered unfair or deceptive under the FTC Act.
IP Law 360
NOVEMBER 27, 2023
Executives and directors of self-driving car company Luminar Technologies Inc. face a shareholder derivative complaint alleging they damaged investors after a competitor accused the company of using an image of its proprietary technology in a pitch to investors.
LexBlog IP
NOVEMBER 27, 2023
The impact of UAE energy regulatory reforms on global investments has been significant and multifaceted. The UAE’s implementation of Federal Decree-Law No. 17/2022, regulating the connection of distributed renewable energy production units to the electricity network, reflects the country’s commitment to transforming its energy sector, promoting sustainability, and attracting foreign investments.
IP Law 360
NOVEMBER 27, 2023
A California federal judge has pushed mobile game-maker Skillz's December patent infringement trial against rival AviaGames to February after Skillz alleged AviaGames used bots to "cheat the public," which sparked a criminal grand jury investigation.
LexBlog IP
NOVEMBER 27, 2023
With over twenty years of experience partnering with bootstrapped founders, Mainsail Partners has established itself as a leading growth equity firm specializing in helping B2B software companies scale and achieve sustainable growth. The firm’s collaborative and hands-on approach is anchored by Mainsail’s Operations Team, comprised of individuals who work beside founders and management teams to navigate the opportunities and challenges in the critical growth stage between $5 million
IP Law 360
NOVEMBER 27, 2023
Teva Pharmaceuticals International GmbH has moved in Massachusetts federal court to permanently drop an infringement case against Eli Lilly and Co. over a migraine drug — an action taken after the Patent Trial and Appeal Board found two patents related to the drug and its use invalid.
LexBlog IP
NOVEMBER 27, 2023
2023 has brought many changes to the landscape of restrictive covenants—from non-compete bans (actual and proposed), to new court decisions impacting the enforceability of covenants in various jurisdictions, to changes in wage thresholds, and of course we cannot forget California’s new laws that have left many scratching their heads trying to determine how best to comply.
IP Law 360
NOVEMBER 27, 2023
The Patent Trial and Appeal Board has again sided with medical device company Arthrex Inc. in its patent dispute with P Tech LLC, finding as obvious two additional P Tech surgery patents that are being litigated in federal district court.
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