Plagiarism Today
OCTOBER 11, 2023
In the US, the HHS is proposing new research integrity guidelines that include a change to the definition of plagiarism. The post HHS Proposes New Research Integrity Guidelines appeared first on Plagiarism Today.
The Illusion of More
OCTOBER 11, 2023
Cars and music are so symbiotic that many contemporary vehicles could be mistaken for high-tech sound systems that also happen to take us places. I remember when popular music was only available on AM radio stations, and we’d listen to Steve Miller or Wings or the Jackson 5 playing through tiny, sibilant speakers mounted in […] The post Is Congress Protecting Big Radio and Forgetting Musicians—Again?
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Plagiarism Today
OCTOBER 11, 2023
British MPs urge action on infringing NFTs, Irish pub hit with damages and French regulator credited with reducing BitTorrent piracy. The post 3 Count: Slowpoke’s Statement appeared first on Plagiarism Today.
TorrentFreak
OCTOBER 11, 2023
With millions of monthly users, BitTorrent’s reign at the top of the file-sharing seemed unstoppable in 2007, but the French government had other plans. Presented to the Senate in June 2008, what would later become France’s Hadopi law envisioned a crackdown on peer-to-peer file-sharing via a ‘graduated response’ mechanism, with around eight million local BitTorrent users the primary targets.
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?
Biswajit Sarkar Copyright Blog
OCTOBER 11, 2023
In the patent and innovation industry it is important to be updated on the same level with the emerging technologies and trends for both the companies and the innovators. Due to the large amounts of data involved this can become quite challenging and time consuming for most people. Patent data analysis and analysis on emerging trends have now become accessible and more organized with the help of Large Language Models (LLMs).
JD Supra Law
OCTOBER 11, 2023
As we continue to assess the ripple effects from the Supreme Court's denial of certiorari in GlaxoSmithKline v Teva Pharms USA (GSK v Teva), a recent decision by Judge Andrews in the U.S. District Court for the District of Delaware sheds further light on how courts may view induced infringement claims against skinny labels and litigation strategies that parties may engage in as a result.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
OCTOBER 11, 2023
The US Patent and Trademark Office’s (USPTO’S) Trademark Trial and Appeal Board has ruled that the “doctrine of foreign equivalents” is a guideline rather than an absolute rule and may not apply to trademarks that combine English and foreign words. In In re DBMG, LLC, Application No. 90185762 (T.T.A.B. August 3, 2023), DBMG sought registration for the mark “Sunset Sushi” for “Bar services; Japanese restaurant services; Restaurant services featuring omakase; Sushi Serial No. 90185762 – 2 –.
IP Law 360
OCTOBER 11, 2023
IP Buds LLC has filed a lawsuit in Texas federal court accusing Samsung of infringing a wireless headset patent.
JD Supra Law
OCTOBER 11, 2023
On August 24, 2023, USPTO Director Kathi Vidal vacated a PTAB decision denying institution of inter partes review in Keysight Technologies, Inc. v. Centripetal Networks, Inc. and remanded the case for further proceedings. IPR2022-01421, Paper 14 (Aug. 24, 2023). The Petition for institution concerns Patent No. 10,681,009 B2 (“the ’009 patent”), directed towards “Rule Swapping in a Packet Network.”.
IP Watchdog
OCTOBER 11, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday, October 10, affirmed a district court’s dismissal at the pleading stage of a patent infringement, unjust enrichment and antitrust case against Qualcomm, Inc. Larry Golden sued Qualcomm in the U.S. District Court for the Northern District of California, alleging infringement of his patents on a system for locking, unlocking or disabling locks on vehicles upon detection of chemical or biological hazards, as well as antitrust and
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.
JD Supra Law
OCTOBER 11, 2023
While patents and trade secrets are viewed in part as opposites — patents require public disclosure, and trade secrets require confidentiality — seeking patent protection for aspects of a technology, while retaining trade secret status for others, may provide the best protection for a company’s intellectual property portfolio.
43(B)log
OCTOBER 11, 2023
Del Rosario v. Sazerac Co., 2023 WL 6318083, No. 23-cv-1060 (AS) (S.D.N.Y. Sept. 28, 2023) Sazerac sells a malt version of its famous Southern Comfort whiskey. Plaintiff alleged that Sazerac designed this malt version to look just like the original one, misleading consumers in violation of New York laws on deceptive practices and false advertising. Although the court dismissed her unjust enrichment claim as duplicative, the main claim survived Sazerac’s preemption argument.
JD Supra Law
OCTOBER 11, 2023
Tell us about your career path from Aeropostale, Inc. to SPARC Group LLC. - When I joined Aeropostale, Inc. (Aeropostale) in February 2007, I would not have imagined that my career would become what it is today. I was the second attorney hired in the legal department, and the team eventually grew to five members with two attorneys, a paralegal and two compliance professionals.
LexBlog IP
OCTOBER 11, 2023
FDA grants interchangeable designation to Pfizer’s adaliumumab biosimilar – On October 5, 2023, Pfizer Inc. announced that the U.S. Food and Drug Administration (FDA) has designated ABRILADA (adalimumab-afzb) as an interchangeable biosimilar to HUMIRA (adalimumab). ABRILADA was originally approved by the FDA in November 2019. The new interchangeable designation was supported by data from Pfizer’s Phase 3 REFLECTIONS B538-12 study, and applies to all approved indications.
IP Law 360
OCTOBER 11, 2023
A home improvement product manufacturer has asked the Third Circuit to reverse the dismissal of its malpractice lawsuit against White and Williams, saying the complaint should not be intertwined with a separate case over unpaid legal fees owed to the law firm.
IP Watchdog
OCTOBER 11, 2023
On October 10, the U.S. Supreme Court issued an order list showing it had denied the petition for writ of certiorari filed in Personalized Media Communication, LLC v. Apple Inc. In denying the appeal, SCOTUS leaves in place a divided Federal Circuit ruling that improperly expanded prosecution laches doctrine according to Personalized Media (PMC). The cert denial also passes on the question of whether prosecution laches remains a valid defense to patent infringement in light of the Supreme Court’
Stock Legal Blog
OCTOBER 11, 2023
Litigation attorneys often represent businesses in lawsuits that could have been avoided. Overlooking legal steps or trying to avoid legal expenses in the early stages of forming a business can easily lead to future litigation expenses. Below are just a few mistakes that can be avoided by seeking the proper legal advice.
IP Law 360
OCTOBER 11, 2023
A mobile game app company was unable to convince a Bay Area federal judge that a rival's failure to list two former employees on a patent application was enough to sink a patent lawsuit that is set to head to trial in December.
43(B)log
OCTOBER 11, 2023
Clemente Properties, Inc. v. Urrutia, No. 22-1373 (GMM), 2023 WL 6201397, -- F. Supp. 3d (D.P.R. Sept. 22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The district court doesn’t appear to care about what the registration is for; I had to look it up.
The TTABlog
OCTOBER 11, 2023
The USPTO refused to register the mark shown below left, for "shoes," finding confusion likely with the registered mark shown below right, for "athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic shirts; Body shirts; Button down shirts." Now, we know that there is no per se rule that various types of wearing apparel are related.
WIPO Magazine
OCTOBER 11, 2023
Mexican startup CRMQ promise to boost global eye health with its new nano-based drug delivery system for treating retinopathy.
IP Law 360
OCTOBER 11, 2023
The Patent Trial and Appeal Board has ruled that Guardant Health failed to show that challenged claims in a University of Washington patent for DNA sequencing were unpatentable, ahead of an infringement trial set for next month.
43(B)log
OCTOBER 11, 2023
HomeLight, Inc. v. Shkipin, No. 22-cv-03119-PCP, 2023 WL 6284738, F.Supp.3d - (N.D. Cal. Sept. 27, 2023) HomeLight runs an online platform that matches real estate agents with homebuyers and sellers and requires any agent who accepts a referral resulting in a sale to pay 25% of their commission to HomeLight. Shkipin operates an alternative agent-matching platform, HomeOpenly, that does not charge referral fees and instead obtains revenue from advertising and auxiliary services.
IP Law 360
OCTOBER 11, 2023
A California federal judge has granted a photographer's motion to reconsider her refusal to find copyright infringement against tattooist Kat Von D for using his portrait of Miles Davis for a tattoo, noting that the U.S. Supreme Court's Andy Warhol ruling changes the fair use analysis and that the tattoo isn't transformative.
43(B)log
OCTOBER 11, 2023
Tortilla Factory, LLC v. GT’s Living Foods, LLC, No. CV 17-7539 FMO (GJSx), 2023 WL 6296900 (C.D. Cal. Sept. 27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. Despite finding the plaintiff’s expert’s testimony about sugar and alcohol levels in defendant’s kombucha “credible and compelling,” lack of harm doomed its case.
IP Law 360
OCTOBER 11, 2023
The Fifth Circuit ruled Wednesday that a Texas district court was right to enter a default judgment to sanction a man accused of deleting source code for a software program he allegedly stole, finding that he "blatantly" ignored a judge's orders to preserve evidence.
TorrentFreak
OCTOBER 11, 2023
Over the past two decades, online piracy has proven a massive challenge for the entertainment industries. It’s a global issue that’s hard to contain, but various anti-piracy group are doing their best to fight back. There’s a seemingly perpetual stream of takedowns, as evidenced by press releases that come out every week. However, some targets are particularly resistant to enforcement action and much harder to take offline.
IP Law 360
OCTOBER 11, 2023
A San Francisco software company being sued in the Western District of Texas by a so-called patent troll is now telling U.S. District Judge Alan Albright it has discovered a paperwork flub that shows its legal foe does not own the "ancient, 20-year-old patents" that were initially issued to a since-deceased early internet pioneer.
SpicyIP
OCTOBER 11, 2023
[ The post is co-authored with SpicyIP Intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Her previous posts can be accessed here.] Image from here Recent orders by the Delhi High Court in Nadeem Majid Oomberbhoy v. Gautam Tank and Anr. and Mr. Amrish Aggarwal Trading as M/s Mahalaxmi Product v.
IP Law 360
OCTOBER 11, 2023
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
U.S. Department of Commerce
OCTOBER 11, 2023
Unlocking the Full Potential of Our Economy by Investing in Women and Girls October 11, 2023 KCPullen@doc.gov Wed, 10/11/2023 - 16:18 Export and investment promotion Investing in communities and workers Manufacturing Minority business growth Eleven years ago today, the United States joined nations around the world in establishing the International Day of the Girl to acknowledge the struggles facing young girls and strengthen their commitment to expanding resources and opportunities to help girls
IP Law 360
OCTOBER 11, 2023
The Patent Trial and Appeal Board has invalidated most of the challenged claims in a trio of FedEx patents that cover technology used in package shipments, handing Qualcomm a partial win in a fight between the parties.
IP Law 360
OCTOBER 11, 2023
New Jersey-based food importer Meenaxi urged the U.S. International Trade Commission to renew an investigation into a group of grocery stores selling an Indian chocolate malt drink mix, claiming that the stores are continuing to infringe its Bournvita trademark despite a general exclusion order.
IP Law 360
OCTOBER 11, 2023
The Federal Circuit has affirmed a Patent Trial and Appeal Board finding that a Taiwanese company should never have been granted a patent covering a type of pump used for inflatable air mattresses.
IP Law 360
OCTOBER 11, 2023
A recent policy statement from the Federal Trade Commission highlights the legal danger that pharmaceutical companies can face for improperly listing patents in the U.S. Food and Drug Administration's Orange Book, which is also an issue in the context of Hatch-Waxman litigation, say attorneys at Kirkland.
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