Plagiarism Today

JULY 31, 2023

Activision sues TikToker, Grande Communications ordered to pay bond for appeal and Taylor Swift wins lawsuit over Lover design. The post 3 Count: First Strike appeared first on Plagiarism Today.

Plagiarism 201

Plagiarism Designs Design Copyright 201

Intellectual Property Law Blog

JULY 31, 2023

This case addresses the legal standard for inherent anticipation. Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 patent, Abstract.

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Art Invention Patent 130

Plagiarism Today

JULY 31, 2023

We recently looked at the current state of detecting AI writing. However, a new study may point to additional challenges to ponder. The post Additional Challenges to Detecting AI Writing appeared first on Plagiarism Today.

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Plagiarism 185

Intellectual Property Law Blog

JULY 31, 2023

This case addresses the legal framework for determining whether prior art anticipates a claimed range. The appropriate legal framework applies a different test depending on whether the prior art discloses a point within the claimed range vs. a range overlapping the claimed range. Background UCB, Inc. (“UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a patch on the skin.

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Art Invention Patent Patent Application 130

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?

Technology

Patently-O

JULY 31, 2023

by Dennis Crouch Documents: FedCir Vanda Decision ; Vanda EnBanc Brief The Federal Circuit recently sided with the accused infringers Teva and Apotex, affirming the invalidation claims from four Vanda patents covering methods of using tasimelteon to treat circadian rhythm disorders. However, the patent owner has petitioned the court for en banc rehearing, arguing the panel improperly disregarded evidence of nonobviousness.

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Art Invention Patent Patent Application 98

SpicyIP

JULY 31, 2023

Image from here In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. v. MSN Laboratories Pvt. Ltd and an r. With this order the court disposed of different interim applications filed in 4 suits (three suits were filed by Vifor and Emcure against MSN Labs, Dr.

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Patent Invention Patent Prosecution Inventor 98

JD Supra Law

JULY 31, 2023

Introduction - The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics.".

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SpicyIP

JULY 31, 2023

Image from here Yesterday, July 31, the Lok Sabha passed the Cinematograph (Amendment) Bill, 2023 , which was earlier passed by the Rajya Sabha on July 27, 2023. The bill seeks to amend the Cinematograph Act 1952, after almost 40 years with the last significant amendments being made in 1984. There had been earlier attempts to amend the Act through amendment bills in 2010, 2019 (discussed by Divij here ), and 2021 (discussed by Adyasha here ).

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Copying Copyright Television Copyright Infringement 96

JD Supra Law

JULY 31, 2023

Some fast food trademarks make me hungry. Taco Bell’s recent fight with Taco John’s over Taco Tuesday® did so. But trademark battles between two fast food chains aside, I thought more interesting was how Taco Bell turned the dispute into entertaining advertising that promoted its brand more than its product. More on this shortly.

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Advertising Advertising Branding Brands 98

TorrentFreak

JULY 31, 2023

For more than a decade, Sky has found its ISP division named as a respondent in injunction applications filed at the High Court in London. With the aim of reducing availability of pirated content, U.S. movie studios, recording labels, publishers, and more recently gaming company Nintendo, have named Sky and rival ISPs including Virgin Media, BT, TalkTalk, Plusnet and EE, as facilitators of their customers’ piracy habits.

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Reporting Publishing Privacy IP 90

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.

Patent

Michael Geist

JULY 31, 2023

Coming off a week in which the government engineered a major cabinet overhaul that saw Heritage Minister Pablo Rodriguez replaced by Pascale St-Onge, an escalation of the battle over digital stales taxes, and which featured significant news on both the Bill C-11 and Bill C-18 fronts, this week’s Law Bytes podcast provides a mid-summer update on recent developments.

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Law Government 83

IP Law 360

JULY 31, 2023

Canadian company Patent Armory on Monday accused headphone makers Sonos and Sennheiser, along with two other companies, of infringing its telecommunication intellectual property, building onto a three-month patent litigation campaign against companies like Reddit, Microsoft and Samsung.

Intellectual Property 75

Intellectual Property Patent Litigation 75

JD Supra Law

JULY 31, 2023

Are you curious about how Artificial Intelligence (AI) is shaking up the world of Intellectual Property (IP)? Tune in to discover the latest developments in this complex field.

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IP Intellectual Property 52

IP Law 360

JULY 31, 2023

A nonprofit fired back Monday against Twitter's claims that it published false and misleading articles suggesting that CEO Elon Musk has allowed hate speech to grow on the social media platform, slamming Twitter's "fanciful," "bogus" Lanham Act allegations and claiming that they're part of Twitter's "disturbing" intimidation effort to silence honest critics.

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Social Media Publishing 75

WIPO Magazine

JULY 31, 2023

Do you automatically think you have the right to repair your smartphone or any other electronic product you own? The fascinating debate around the right-to-repair, in which IP rights are central, reveals that this is not always the case.

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IP 52

IP Law 360

JULY 31, 2023

The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.

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Herbert Smith Freehills

JULY 31, 2023

POSCO POSCO Korea's largest steel maker, on various matters in the mining sector, including its acquisition of a 15% stake in an ASX-listed Australian mining company Black Rock Mining Limited (“BRM”), headquartered in Perth, WA, Australia Location: Korea Group Client Name: POSCO

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IP Law 360

JULY 31, 2023

Amy Hsiao at Eligon IP explores China's trademark system's concerning rise in bad faith squatters, focusing on the risks faced by the original equipment manufacturing industry and the potential disruptions to the global supply chain.

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IP Trademark 75

The IPKat

JULY 31, 2023

Kat summit The IPKat is pleased to inform readers that this year’s Life Sciences Strategy Summit on IP & Exclusivity will be held on 9, 10, 11 October 2023 in Munich (Germany). This year’s summit follows the launch of the Unified Patent Court (UPC) and will inter alia allow participants to understand the industry’s reaction to the new court system and have candid discussions with European life science intellectual property experts.

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IP Editing Intellectual Property Patent 52

IP Law 360

JULY 31, 2023

The president of the company behind Bored Ape Yacht Club non-fungible tokens testified Monday during a one-day California federal bench trial that a rival's infringing tokens are not artistic criticism, and also rejected a comparison to Andy Warhol's Campbell's Soup can paintings, saying the famed pop artist "wasn't selling soup at the grocery store.

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Non-Fungible Tokens 75

Likelihood of Confusion

JULY 31, 2023

The Powerline blog, appropriately, undertakes the definitive (if only preliminary) deconstruction and rebuttal of journalistic fraud Mary Mapes’s new revisionist history on the topic of last summer’s Dan Rather “fake. The post Power Line: Mary Mapes is a Year Late, and Way Short on Logic appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 52

IP Law 360

JULY 31, 2023

Former Liberty University President Jerry Falwell Jr. filed a trademark lawsuit claiming the school was wrongly using the likeness of his father, who founded it, in the latest legal battle between the parties.

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Trademark 74

LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation. This evolving field presents unique challenges and opportunities, requiring a forward-thinking approach to navigate its complexities.

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Law IP Intellectual Property Intellectual Property Law 52

IP Watchdog

JULY 31, 2023

On July 7, 2023, Administrative Law Judge Cameron Elliot issued a Notice of Initial Determination in favor of computer and graphics processor maker AMD. See In the Matter of Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the Same (No. 337-TA-1318). This puts AMD one step closer to preventing TCL and Realtek from importing smart TVs and components containing infringing graphics processors in its patent infringement case at the International Trade Commission (ITC)

Television 52

Television Patent Infringement Patent Law 52

LexBlog IP

JULY 31, 2023

Continuing Legal Education Event Series by Jaime Chandra CLE Happy Hour Event Series The Founders Legal team has been busy! We kicked off a new event series in June with our premier session, “AI Meets the Law.” We’re thrilled to announce the Georgia Commission on Continuing Lawyer Competency approved Two CLE (Continuing Legal Education) hours for attendees registered with the Georgia Bar.

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Business Law Intellectual Property 52

JD Supra Law

JULY 31, 2023

Because the consumer goods industry thrives on brand recognition, many businesses seek to expand their market presence and leverage their established intellectual property through licensing. This typically occurs through license agreements, which are generally entered between two parties (the Licensor (owner of the intellectual property) and Licensee (the “renter” of such rights)) and fall into one of the following categories.

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Licensing Intellectual Property Branding Brands 52

LexBlog IP

JULY 31, 2023

On July 27, US Senators John Cornyn (R-TX), who serves on the Senate Judiciary Subcommittee on Intellectual Property, and Tammy Baldwin (D-WI) proposed legislation that provides additional resources to small business owners and local law enforcement agencies for combating ongoing theft of intellectual property by foreign actors. The American IDEA (IP Defense and Enforcement Advancement) Act would provide resources in defending against actors in countries on the United States Trade Representative

IP 52

IP Intellectual Property Government Business 52

JD Supra Law

JULY 31, 2023

On June 28, 2023, Manson J. of the Federal Court dismissed Janssen’s motion for summary judgment in actions relating to Janssen’s patent for dosing regimens of paliperidone palmitate (INVEGA SUSTENNA) (Canadian Patent No. 2,655,335 (335 patent)): Janssen v Apotex, 2023 FC 912. Janssen argued that Apotex’s sole invalidity defence of unpatentable subject matter (method of medical treatment) was res judicata, an abuse of process and precluded by the doctrine of election having regard to prior.

Patent 52

Patent 52

LexBlog IP

JULY 31, 2023

This case addresses the legal framework for determining whether prior art anticipates a claimed range. The appropriate legal framework applies a different test depending on whether the prior art discloses a point within the claimed range vs. a range overlapping the claimed range. Background UCB, Inc. (“UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a pat

Art 52

Art Invention Patent Patent Application 52

JD Supra Law

JULY 31, 2023

On July 17, 2023, Justice Aylen of the Federal Court dismissed Janssen’s application for judicial review of the decision of the Office of Submissions and Intellectual Property (OSIP) refusing to list Canadian Patent 3,113,837 (837 patent) on the Patent Register with respect to two supplementary new drug submissions (SNDSs) for Janssen’s STELARA (ustekinumab): Janssen Inc v Canada (Health), 2023 FC 870.

Intellectual Property 52

Intellectual Property Patent 52

LexBlog IP

JULY 31, 2023

On May 25, 2023, the Texas Legislature enacted the biggest structural change to the Texas court system in recent memory. House Bill 19 (“ HB 19 ”) —signed by Governor Greg Abbott in June—creates a new “Business Court” system for the Lone Star State. HB 19’s passage comes after four previous legislative efforts to enact a business court system in Texas failed.

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Business Contracts Government Law 52

Patent Trademark Blog

JULY 31, 2023

How do you win a trademark opposition at the TTAB? Before delving into how to win a trademark opposition, we first need to define victory. From the perspective of a trademark applicant defending an opposition, victory might be the eventual registration of the mark. For opposers, a win may consist of a withdrawal or abandonment of the opposed trademark application.

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IP Tech Blog

JULY 31, 2023

On July 27, US Senators John Cornyn (R-TX), who serves on the Senate Judiciary Subcommittee on Intellectual Property, and Tammy Baldwin (D-WI) proposed legislation that provides additional resources to small business owners and local law enforcement agencies for combating ongoing theft of intellectual property by foreign actors. The American IDEA (IP Defense and Enforcement Advancement) Act would provide resources in defending against actors in countries on the United States Trade Representative

IP 52

IP Intellectual Property Government Business 52

The IPKat

JULY 31, 2023

Here’s the weekly roundup of all the news and stories you might have missed from the IPKat. Trade marks Image via Pexels Marcel Pemsel discussed the challenges linked to the registration of 3D trademark in the European Union, especially in relation to the recent application made by Wajos and the recent EUIPO Judgement in case T-10/22. Katfriend Theodora Goula considered EU trade mark protection system in the case of second-hand fashion by analysing the application of exhaustion rights and the im

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Copyright Infringement Branding Brands Branding 52

LexBlog IP

JULY 31, 2023

In a significant step toward a future of heightened corporate transparency, the bipartisan Corporate Transparency Act (CTA) is prepared to roll out as of January 1, 2024. This new legislation, issued by the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) under the broad provisions of the Anti-Money Laundering Act of 2020, aims to set forth fresh reporting obligations for corporations pertaining to their beneficial ownership and organizers— though it is essential to bear

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