JD Supra Law
APRIL 26, 2024
Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who value their privacy) and used them in a series of advertisements in a local mall.
Patently-O
APRIL 26, 2024
by Dennis Crouch I was rereading the Supreme Court’s recent enablement decision of Amgen Inc. v. Sanofi , 598 U.S. 594 (2023) and was struck by the Supreme Court’s statement that its 19th Century decision of Wood v. Underhill , 46 U.S. 1 (1847) “establish[ed] that a specification may call for a reasonable amount of experimentation to make and use a patented invention.” This statement from Amgen is surprising because Chief Justice Taney’s decision in Wood includes a
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IP and Legal Filings
APRIL 26, 2024
INTRODUCTION Tribal communities since time immemorial always remained as ostracized groups in the Indian socio-economic as well as political system. However, the philosophy of SANATANA based on the oldest ever known books – ‘Vedas’ – states at first about five tribes that were (a) Yadu; (b) Turvasa; (c) Anu; (d) Druhyu; and (e) Puru. [i] It shows that tribes have played a crucial role in the political scenario of our nation since ancient times.
JD Supra Law
APRIL 26, 2024
Late last month, the Association of Corporate Counsel (ACC) hosted a panel on Trade Secret Protection in Life Sciences: Strategies for Success. In today's rapidly evolving business environment, trade secrets are becoming increasingly valuable assets for companies across nearly every sector and industry, and life sciences is no exception. Without adequate safeguards, this critical intellectual property could easily fall into a competitor’s hands, undermining years of research and investment and.
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
APRIL 26, 2024
World Intellectual Property Day is commemorated every 26 April. Millions of people worldwide celebrate the essential role of IP rights in fostering creativity and innovation to drive human progress. The date was designated in 2000 by the World Intellectual Property Organization’s member states, coinciding with the day the WIPO Convention came into force (April 26, 1970), with the aim to increase awareness and understanding of IP.
JD Supra Law
APRIL 26, 2024
The U.S. Patent and Trademark Office (USPTO) issued guidance on the use of AI-based tools to prepare and prosecute patent and trademark applications. This announcement supplements the previous guidance issued in February.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
APRIL 26, 2024
In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation where the trademark registrants only have OEM production in Chinese mainland, and all products using the trademark are exported abroad.
IP Watchdog
APRIL 26, 2024
Late last year, , the United States International Trade Commission (ITC) announced that it would issue a limited exclusion order (LEO) and cease and desist order (CDO) against Apple, Inc. prohibiting Apple from importing and selling its Apple Watch (Series 6 and 7) products in the United States. The case was Certain Light-Based Physiological Measurement Devices and Components Thereof, Investigation No. 337-TA-1276 (“Light-Based Physiological Measurement Devices”), a “Section 337” patent infringe
JD Supra Law
APRIL 26, 2024
Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement allegations on this installment of “The Briefing.”.
IP Watchdog
APRIL 26, 2024
This week in Other Barks and Bites: Caltech drops a patent infringement lawsuit against HP; the world celebrates World Intellectual Property Day; GSK sues Pfizer accusing the company of infringing on its mRNA patents.
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
APRIL 26, 2024
Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI's copyright infringement allegations on this installment of “The Briefing.”.
IP Law 360
APRIL 26, 2024
Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.
JD Supra Law
APRIL 26, 2024
Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been referred to as “industrial designs.” One main goal of the Design Law Treaty is to help designers in domestic and foreign jurisdictions obtain design protection faster, easier, and cheaper.
IP Law 360
APRIL 26, 2024
A Delaware federal judge has tossed claims that Microsoft's virtual assistant program infringed a patent initially issued to a company that developed Apple's Siri software, but declined to scratch out allegations on another patent in the dispute, which is teed up for trial early next month.
JD Supra Law
APRIL 26, 2024
Case Name: Endo Ventures Unlimited Co. v. Nexus Pharms. Inc., Civ. No. 23-cv-299-BHL, 2024 WL 1254358 (E.D. Wis. Mar. 25, 2024) (Ludwig, J.) - Drug Product and Patent(s)-in-Suit: ephedrine sulfate; U.S. Patents Nos. 10,869,845 (“the ’845 patent”) and 11,491,121 (“the ’121 patent”).
The TTABlog
APRIL 26, 2024
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods/services. Here are the three such appeals recently decided by the TTAB. How do you think these three came out? No hints this time. [Answers in first comment.] In re Melapreneur , Serial No. 90858280 (April 15, 2024) [not precedential] (Opinion by Judge Michael B.
JD Supra Law
APRIL 26, 2024
On April 17, the NCAA Division I council approved a proposal that allows schools to assist with name, image and likeness (NIL) activity. The rule allows member schools to increase their support for student-athletes to include identifying NIL opportunities and facilitating such deals between players and third parties.
IP Law 360
APRIL 26, 2024
A proposed rule to create a separate round of briefing in Patent Trial and Appeal Board cases about whether the board should use its discretion to deny review may rankle patent owners, attorneys say, since it could effectively restrict their available arguments in many cases.
JD Supra Law
APRIL 26, 2024
For World IP Day 2024, we asked three of our practitioners three questions, all related to the World Intellectual Property Organization’s 2024 theme of IP and the SDGs: Building our common future with innovation and creativity. Read on to learn what Principal Lei Liu and Associates Chen Li and Meika Ellis have to say.
IP Law 360
APRIL 26, 2024
U.S. District Judge Alan Albright rejected efforts by Microsoft to send an infringement lawsuit over its cloud software to its home in Washington state, citing on Friday his own "experience and effort" dealing with patents covering "a pint-sized virtual wallet" in other suits.
JD Supra Law
APRIL 26, 2024
The Director of the U.S. Patent and Trademark Office vacated and remanded a decision from the Patent Trial and Appeal Board discretionarily denying institution of an inter partes review petition. The Director concluded that court-ordered coordination between the current petitioner and the petitioner of a previous IPR—each sued by patent owner in different district courts….
IP Law 360
APRIL 26, 2024
Cox Enterprises Inc. sued two of its insurers this week over allegations they failed to cover the company's more than $15 million in expenses in defending, and ultimately settling, a novel lawsuit that aimed to hold the internet service provider liable for users' illegal downloads.
JD Supra Law
APRIL 26, 2024
Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence.
IP Law 360
APRIL 26, 2024
Truist Financial Corp. and its real estate finance arm can move forward with the bulk of their suit accusing three former executives of absconding for a competitor with several dozen colleagues in tow, after North Carolina's business court judge largely denied the defendants an early exit.
JD Supra Law
APRIL 26, 2024
Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands.
IP Law 360
APRIL 26, 2024
Four family members of the late musician Prince who claim to have taken over for two music industry veterans they once entrusted to run his estate urged a Delaware Chancery Court judge on Friday to throw out the managers' lawsuit against them, calling it "unconscionable and unreasonable.
JD Supra Law
APRIL 26, 2024
The European Court of Justice affirmed an earlier decision of the European Intellectual Property Office (EUIPO) in a case where Puma was attempting to gain a European Union (EU) Community Design on its “Puma Creeper Shoe.” On March 6, 2024, the EU Court struck down the validity of Puma’s registered EU design, based on a number of social media posts by Rihanna.
IP Law 360
APRIL 26, 2024
In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.
JD Supra Law
APRIL 26, 2024
The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency is committed to leveraging AI’s benefits across society while ensuring that these technologies do not compromise the integrity of legal processes.
IP Law 360
APRIL 26, 2024
The Trademark Trial and Appeal Board has found that a petition to cancel a trademark for the drink Zima was no longer an issue since its owner, Molson Coors, let the registration on the product expire.
JD Supra Law
APRIL 26, 2024
In the competitive landscape of modern business, intellectual property (IP) rights are a crucial safeguard to preserving innovations and investments across various sectors. Across these domains, a steadfast appreciation for scientific and technological progress, along with dedicated efforts in research and product development, remains paramount. Together, these pursuits drive innovation, growth, and competition, ultimately contributing to the betterment of the global economy and society.
IP Law 360
APRIL 26, 2024
In the time since the Federal Circuit’s Axonics ruling, the Patent Trial and Appeal Board has allowed petitioners to raise new unpatentability grounds in response to unforeseeable claim constructions in petitions, and reiterated that a petition need not anticipate every argument that may be raised in the response, say Joseph Myles and Timothy May at Finnegan.
JD Supra Law
APRIL 26, 2024
The PTAB recently denied Trend Micro, Inc.’s (Petitioner) inter partes review petition against Open Text, Inc. and Webroot, Inc. (Patent Owners) challenging all claims of U.S. Pat. No. 8,201,243. Trend Micro, Inc. v. Open Text, Inc., IPR2023-01390, Paper 17 (PTAB Feb. 14, 2024). Specifically, the PTAB found that a primary reference included in every ground was commonly owned by the same person (Webroot), and therefore 35 U.S.C. § 103(c)(1) disqualified this reference as prior art.
IP Law 360
APRIL 26, 2024
Great American Insurance Co. had no coverage obligations over a $7.5 settlement stemming from a treasure hunter's claims that his former partners refused to hand over maps and other intellectual property after they parted ways, the Ninth Circuit ruled Friday, finding the treasure hunter didn't allege insurable, accidental conduct.
Olartemoure Blog
APRIL 26, 2024
The Decree 390 of 2024 issued by the National Government establishes the procedure for the Superintendence of Companies to grant benefits for collaboration in matters of transnational bribery and corruption. These benefits may lead to the total or partial exoneration of administrative sanctions. To access the benefits, it is necessary to submit an application that varies depending on the conduct.
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