Plagiarism Today
SEPTEMBER 9, 2024
The Copyright Claims Board is hearing a case over a unicorn pattern being sold as party dresses. However, the issues raised are very common. The post The Copyright Battle Over Unicorn Party Dresses appeared first on Plagiarism Today.
IP Watchdog
SEPTEMBER 9, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion reversing a district court’s invalidation of patent claims challenged by GoPro, Inc. as patent ineligible. The CAFC said the district court erred in concluding at Alice step one that the claims were directed to an abstract idea and distinguished the case from its precedent in Yu v.
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TorrentFreak
SEPTEMBER 9, 2024
Over the past two decades, online piracy has proven to be a massive challenge for the entertainment industries. Governments around the world have recognized this challenge and, where possible, lend a helping hand to identify and address these threats. The European Commission, for example, compiles a bi-annual ‘Counterfeit and Piracy Watch List’ following the example set by the United States.
IP Law 360
SEPTEMBER 9, 2024
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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?
JD Supra Law
SEPTEMBER 9, 2024
We get a lot of questions about whether it is better to pay a large settlement to boxing piracy companies like Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit Events. This blog seeks to provide important information about this topic, and provides a recent case review.
Patently-O
SEPTEMBER 9, 2024
by Dennis Crouch In Contour IP v. GoPro , the Federal Circuit has reversed a Judge Orrick (N.D.Cal.) summary judgment of ineligibility. The case here should be one for patent drafters to consider -- particularly thinking about how to incorporate specific technological improvements into their patent claims and specification (while still maintaining broad claim coverage).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The TTABlog
SEPTEMBER 9, 2024
Here are three recent TTAB Decisions in Section 2(d) appeals. At least one of the appeals led to a reversal. How do you think they came out? In re Liberty Orchards Company. Inc , Serial No. 97840459 (September 3, 2024) [not precedential] (Opinion by Judge Catherine Dugan O'Connor). [Section 2(d) refusal of COCOZEN (Stylized) for "Coconut milk; coconut milk for culinary purposes; coconut milk-based beverages; dried coconuts; grated coconut; coconut oil for food; coconut butter for food; coconut c
JD Supra Law
SEPTEMBER 9, 2024
Since the early 2000s, Texas district courts have been battling to maintain their status as the premier venue for filing patent lawsuits. At one point, 43% of all patent infringement cases in the United States were filed in the Eastern District of Texas (EDTX).
Michael Geist
SEPTEMBER 9, 2024
The Law Bytes podcast is back with a deep dive into a high profile case coming out of Brazil, where Twitter or X has been under a blocking order this month. Not only is the service blocked, but individuals face significant fines if they try to circumvent the order to access the service by using a VPN. The case raises many questions about enforcing domestic laws, political and tech power, and the impact on individual rights and freedoms.
JD Supra Law
SEPTEMBER 9, 2024
Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included. Litigations relating to disputes between two reference product sponsors, or non-practicing entities/universities and reference product sponsors are not included.
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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.
IP Law 360
SEPTEMBER 9, 2024
The U.S. International Trade Commission has stayed all deadlines in an intellectual property dispute between Netgear and TP-Link over TP-Link's Wi-Fi router imports as the pair finalizes a settlement resolving the case.
JD Supra Law
SEPTEMBER 9, 2024
Today Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA), bipartisan legislation mirroring a proposed law introduced last year by Senators Thom Tillis (R-NC) and Chris Coons (D-DE). .
IP Law 360
SEPTEMBER 9, 2024
The European Court of Justice ruled Tuesday that Ireland illegally granted Apple state aid in past tax rulings, which allowed the U.S. technology giant to avoid €13 billion ($14.3 billion) in back taxes.
JD Supra Law
SEPTEMBER 9, 2024
As we previously reported, REGENXBIO’s litigation against Sarepta, alleging infringement of U.S. Patent No. 11,680,274 (the “’274 patent”) by Sarepta’s gene therapy product, was stayed pending resolution of Sarepta’s IPR against the ’274 patent.
Selvam & Selvam Blog
SEPTEMBER 9, 2024
The petitioner, M/s. Tiger Food Ingredients (P) Ltd. (formerly M/s. Manju Chemicals Private Ltd.), filed a writ petition seeking a mandamus to direct the Registrar of Trade Marks to consider their name change application (Form TM-P) dated June 5, 2024. The company’s name was changed following a certificate of incorporation issued by the Ministry of Corporate Affairs on January 31, 2024.
JD Supra Law
SEPTEMBER 9, 2024
Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
SEPTEMBER 9, 2024
After almost a decade of litigation over "breathable" waterproof fabric in Colorado federal court, a judge in Denver has decided that some of the claims describing a patent failed to hold up to legal scrutiny.
JD Supra Law
SEPTEMBER 9, 2024
Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
SEPTEMBER 9, 2024
A federal judge said Monday that wireless company Qorvo Inc. was entitled to more than $11.7 million in legal fees after a jury earlier this year awarded the business $38.6 million in a trade secrets case against Akoustis Technologies Inc.
JD Supra Law
SEPTEMBER 9, 2024
The EUIPO Cancellation Division has partially upheld cancellation applications against ORANGE marks in respect of certain goods in Classes 11, 16, 18 and 25. Originally published in the August 5, 2024 edition of World Trademark Review.
IP Law 360
SEPTEMBER 9, 2024
A Delaware federal court decided on Monday that yet another patent issued to bankrupt OxyContin maker Purdue Pharma is invalid, a year and a half after a similar ruling was issued in another case about the company's efforts to assert different patents to stop the same prospective Indian manufacturer of generic painkillers.
JD Supra Law
SEPTEMBER 9, 2024
Recent cases show the U.S. Patent and Trademark Office director's interest in using director review to address substantive issues like obviousness, not just procedural matters or changes in the law. Grants in these cases, though uncommon, have provided relief to petitioners.
IP Law 360
SEPTEMBER 9, 2024
Annuity and life insurance provider Brighthouse Financial on Friday accused competitor American Equity Investment Life Insurance Co. of trademark infringement, claiming in a North Carolina federal court that American Equity is using Brighthouse's decade-old "shield" mark to sell similar, overlapping or nearly identical annuity products and services.
JD Supra Law
SEPTEMBER 9, 2024
Adalimumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
SEPTEMBER 9, 2024
A North Carolina charter school can't prevent two former teachers from soliciting students for their dance team using the name "Inspire" amid claims of trademark infringement and false advertising, a federal judge ruled Monday.
JD Supra Law
SEPTEMBER 9, 2024
The US Patent and Trademark Office (USPTO) recently issued its 2024 Guidance on Patent Subject Matter Eligibility and July 2024 Subject Matter Eligibility Examples. This latest update builds on the 2019 Guidance by providing further clarity and consistency to how the USPTO and applicants should evaluate subject matter eligibility of claims in patent applications involving inventions related to artificial intelligence (AI) technology.
IP Law 360
SEPTEMBER 9, 2024
A Washington federal judge has said the company behind Classmates.com can't force a privacy rights suit into arbitration, in a ruling that determined the plaintiff's attorney opted out of a terms-of-service provision.
U.S. Department of Commerce
SEPTEMBER 9, 2024
OGC is delighted to welcome its 2024 Attorney Honors Program participants to the Department of Commerce! This talented group represents a wide range of backgrounds and experience. Here’s a glimpse into their unique stories and interests: Justin Merhar (University of Denver) – Justin is from Wilbraham, Massachusetts. He completed his undergraduate work at Salve Regina University in Newport, RI, and holds an MBA from Clemson University.
IP Law 360
SEPTEMBER 9, 2024
The Federal Circuit on Monday reversed a decision invalidating two video camera patents that GoPro Inc. is accused of infringing, ruling that the patents cover technological improvements, and not only an abstract idea, as a California federal judge had ruled.
The Trichordist
SEPTEMBER 9, 2024
Congressman Scott Fitzgerald nails it in his call for reformation of the MLC.
IP Law 360
SEPTEMBER 9, 2024
If Vice President Kamala Harris is serious about her pledge to address high drug prices, she must begin by closing loopholes that allow pharmaceutical companies to develop patent thickets that can deter generic or biosimilar companies from entering the market, says Tahir Amin at the Initiative for Medicines, Access & Knowledge.
The IPKat
SEPTEMBER 9, 2024
Many famous brands do not only use word marks but also figurative marks. The question often is: How famous is the figurative mark on its own? This can be challenging to prove as the following case concerning LANCÔME’s rose device shows. Background On 21 April 2022, Guangzhou Ya Ti Ao Jia Cosmetics Co., Ltd filed for registration of EU trade mark no. 018689867 covering various cosmetic products in Nice class 3.
IP Law 360
SEPTEMBER 9, 2024
The Federal Circuit has refused to revive claims in a trio of Converter Manufacturing LLC food wrapping patents, handing a win to patent challenger Tekni-Plex Inc. in the legal dispute.
U.S. Department of Commerce
SEPTEMBER 9, 2024
The grant demonstrates the Biden-Harris Administration’s commitment to bolstering disaster resilience in underserved communities. Extreme weather can take a disastrous toll on people’s lives and livelihoods. Just one extreme weather event can bring devastating effects to a community — including heavy rainfall and flooding. Last month, Commerce Deputy Secretary Don Graves and Congressman James Clyburn announced a $13.5 million grant to Lake City, South Carolina, to help alleviate re-occurring flo
IP Law 360
SEPTEMBER 9, 2024
The Federal Trade Commission is continuing to back Amneal's efforts to have Teva's inhaler patents delisted from the U.S. Food and Drug Administration's Orange Book, telling the Federal Circuit that a lower court was right in determining that Teva's patents do not satisfy the registry's requirements.
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