Fri.Jan 17, 2025

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Fee Changes for Trademark Matters

JD Supra Law

The United States Patent and Trademark Office (USPTO) has announced changes to trademark fees, all of which will take effect on Jan. 18, 2025, except for the fees for international applications filed under the Madrid Protocol, which will take effect on Feb. 18, 2025. Fees are increasing for initial filings, establishing use, and maintaining registrations.

Trademark 105
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Meet The Key Players In Tom Goldstein's Tax-Crimes Case

IP Law 360

The tax-evasion indictment of U.S. Supreme Court expert lawyer and SCOTUSblog publisher Tom Goldstein features an eclectic cast of characters linked to his purported side career as a high-stakes poker player, including law firm partners, professional gamblers, a Texas billionaire, a movie producer and an actor.

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[Video] The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights

JD Supra Law

The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Youngs likeness. This case highlights the growing tension between AI innovation and individual rights. Scott Hervey and Jamie Lincenber discuss the lawsuit and what it means for AI companies using digital likenesses on this installment of The Briefing.

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Telefónica & LaLiga’s Anti-Piracy Collaboration Runs in Both Directions

TorrentFreak

After steadfastly protecting the privacy rights of subscribers, usually against aggressive rightsholders determined to unmask them, ISPs today are more likely to view disclosure from a different perspective. At a time when internet subscriptions paid most of the bills, protecting customers accused of illicit file-sharing led to prolonged litigation.

Music 64
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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Generative AI in Law: Understanding the Latest Professional Guidelines

JD Supra Law

The integration of artificial intelligence (AI) into legal practice is no longer a future prospect. Its a reality that many attorneys are facing today. As law firms and legal departments begin to adopt AI tools to enhance efficiency and service delivery, the legal profession faces a critical moment that demands both innovation and careful consideration.

Law 70
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Ex Raided Conn. Burrito Joint's TM, Co. Accounts, Suit Says

IP Law 360

The owner of Connecticut Tex-Mex restaurant and coffeehouse TJ's Longboard Burritos LLC told a Connecticut federal court that his ex-girlfriend launched a similar nearby eatery called TJ's Burritos Bloomfield LLC and is responsible for changes to his passwords, his cook's departure, bills to his accounts, disappearing tequila and tanking his sales by 40%.

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Albright Clears Cisco At Close Of $121M Network Patent Trial

IP Law 360

Cisco prevailed Thursday in a trial alleging that it owed $121 million for infringing a Corrigent Corp. communications network patent, when Western District of Texas Judge Alan Albright granted Cisco's motion arguing that Corrigent failed to prove its case.

Patent 52
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Revocation Actions at the UPC: State Your Defense or Risk Losing Your Patent

JD Supra Law

The Unified Patent Court (UPC) aims to provide expeditious decisions for its litigants. That means that there is a higher bar for obtaining extensions of time. As exemplified in BMW v. ITCiCo, the UPCs reluctance to grant extensions can have serious consequences, including revocation of the patent.

Patent 73
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MSN Wants Generic Entresto Launch After Patent Expired

IP Law 360

MSN Pharmaceuticals asked the Federal Circuit Friday to let it launch its generic version of Novartis' blockbuster heart drug Entresto while the drugmakers continue their litigation over a newly expired patent, by lifting a temporary injunction barring that launch.

Patent 52
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Intellectual Property Litigation Newsletter | January 2025

JD Supra Law

Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that that changing a definition has consequences, an apex deposition is allowed if theyre percipient, and analyzing a method claim isnt analyzing a system claim.

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IPO Diversity in Innovation Toolkit

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.

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ITC To Review Samsung Mobile Device Imports Over Maxell IP

IP Law 360

The U.S. International Trade Commission will look into allegations from Japan-based Maxell Ltd. that Samsung was infringing a variety of patents through the South Korean company's imports of products like smartphones.

IP 52
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Lynk Labs, Inc. v. Samsung Electronics Co. (Fed. Cir. 2025)

JD Supra Law

Published Patent Applications Are Prior Art as of the Filing Date, Not the Publication Date - Lynk Labsraises a simple question of statutory interpretation with surprisingly important ramifications: ininter partesreview, is a published patent application considered prior art as of the date of filing or the date of publication?

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Little Caesars Reaches Deal Over 'Pizza Puff' Injunction Stay

IP Law 360

Little Caesars has said it will immediately take down in-store and online references to its muffin-pizza appetizers as "pizza puffs" ending a fight with the company that owns the trademark for the term over whether an Illinois federal judge should wait to enforce his injunction but was given several weeks to phase out the phrase in drive-throughs.

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Four Trade Secret Developments to Follow in 2025

JD Supra Law

Significant developments are likely in 2025 in trade secret law, building on major cases and developments in 2024. Here are four areas to watch.

Law 68
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Fed. Circ. Won't Force Judge To Hold Trial In Viasat's IP Suit

IP Law 360

The Federal Circuit on Friday shot down Viasat's petition that sought an order requiring Waco, Texas' U.S. District Judge Alan Albright to hold a trial in its flash memory patent suit against Japanese memory device company Kioxia.

IP 52
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USPTO's New Trademark Fees Expected to Impact Filing Costs

JD Supra Law

The United States Patent and Trademark Office (USPTO) has implemented significant changes to its trademark filing fee structure, effective January 18, 2025. These changes represent a fundamental shift from the previous two-tier system to a single base fee with potential surcharges for complex applications.

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NC Biotech Co. Can't Restrain Co-Founder's Rival Business

IP Law 360

A biotechnology company can't stop its co-founder from conducting research and soliciting customers at his new company using what it believes is stolen confidential information, a North Carolina state court judge said Friday, pointing to a lack of urgency and glaring holes in the record.

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Federal Circuit Upholds Validity of Entresto Patent In Precedential Decision Concerning Written Description and Enablement

JD Supra Law

In a Jan. 10 precedential ruling by the United States Court of Appeals for the Federal Circuit, the validity of the U.S. patent covering Novartiss blockbuster drug Entresto was upheld, reversing an earlier decision by the U.S. District Court in Delaware that the patent was invalid.

Patent 65
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Walgreens Can't Hold Great-Grandson To Decade-Old TM Deal

IP Law 360

A federal judge in Illinois has found that Charles Walgreen didn't break the terms of a deal he made a decade ago to not compete with the retail and pharmacy giant that his great-grandfather founded, which is now suing him over his commercial use of his last name.

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Tickled Pink No More: Federal Circuit Affirms Cancellation of CeramTec’s Trademarks for Pink Ceramic Hip Implants

JD Supra Law

Color trademarks have traditionally been difficult to obtain. Of the over 4 million trademark registrations, there were less than 1000 color trademarks as of 2019. To be eligible for trademark registration, a color must have acquired distinctiveness and must not be functional.

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I’m okay, you’re okay. Okay? Uh, okay??

Likelihood of Confusion

Originally posted 2006-11-14 14:00:11. Republished by Blog Post PromoterG. Mathew Lombard demonstrates for trademark defendants the way to triple the cost of their initial retainers. The post I’m okay, you’re okay. Okay? Uh, okay?? appeared first on LIKELIHOOD OF CONFUSION.

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PTAB AIA FY2024 Roundup: Key Insights and Statistics

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) recently released its Fiscal Year 2024 roundup for the Patent Trial and Appeal Board (PTAB) America Invents Act (AIA) proceedings. This comprehensive report provides valuable insights into the trends and outcomes of PTAB trials over the past year.

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Rethinking Litigation Risk And What It Really Means To Win

IP Law 360

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

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Navigating the PREVAIL Act: Key Impacts on Litigants as It Advances in the Senate

JD Supra Law

The PREVAIL Act is now subject to debate before the full Senate. The Act will require petitioners to certify standing, two new categories of which were recently added via a managers amendment.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen the family of the late chairman of Leicester City F.C. sue a helicopter manufacturer for 2.15 billion, Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.

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Patent & Trademark Office (USPTO) Announced Updated TM Fees, Effective 1/18/2025

JD Supra Law

The USPTO is restructuring its electronic trademark filing process by replacing the current TEAS Plus and TEAS Standard options with a single streamlined electronic application. Under the new system, the separate fees for TEAS Plus and TEAS Standard applications, as well as the processing fee for non-compliance with TEAS Plus requirements, will be discontinued.

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Patent Ruling Sheds Light On Printed Matter Doctrine

IP Law 360

Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.

Patent 52
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USPTO Issues Strategy Outlining the Goals for AI Usage Within Agency Operations

JD Supra Law

Released on January 14, the United States Patent and Trademark Offices Artificial Intelligence Strategy aims to serve as a guide for the challenges and goals the agency navigates while working toward the full capabilities of AI within agency operations and in interactions with domestic stakeholders and international allies.

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Hogan Lovells Lands Quinn Emanuel IP Litigator In SF

IP Law 360

Hogan Lovells has brought on a former longtime Quinn Emanuel Urquhart & Sullivan LLP partner in its San Francisco office, bolstering its intellectual property practice with an experienced trial and appellate lawyer who has guided technology companies such as Google in IP litigation.

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[Audio] (Podcast) The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights

JD Supra Law

The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Youngs likeness. This case highlights the growing tension between AI innovation and individual rights. Scott Hervey and Jamie Lincenber discuss the lawsuit and what it means for AI companies using digital likenesses on this installment of The Briefing.

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Other Barks and Bites for Friday, January 17: Teva Files IRA Challenge Amid Second Round of Medicare Negotiations; Ninth Circuit Says Kinetic Sculptures Can Be Sufficiently ‘Fixed’ for Copyright; USPTO Publishes Inventorship FAQs for AI-Assisted Inventions

IP Watchdog

This week in Other Barks and Bites: the Copyright Royalty Board announces audits into Section 112 and Section 114 statutory license royalty payments by iHeartMedia and others; the Ninth Circuit finds that kinetic, moveable sculptures may be sufficiently fixed to establish copyright protection; the USPTO publishes findings from economic studies showing that small and micro entity discounts are not doing enough to promote new patent applications; and more.

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Voluminous Expert Testimony and Exhibits Insufficient on Their Own to Warrant Denial of IPR Institution

JD Supra Law

The Patent Trial and Appeal Board granted institution of inter partes review of a patent directed to delivery of targeted television advertisements. The board rejected patent owners argument that a lack of particularity as to the asserted grounds justified denial under 35 U.S.C. 312(a), holding that simply including a significant amount of testimony and.

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Court Orders Pirate Site MissAV to Pay $4.5m in Damages, Domains Seized

TorrentFreak

With billions of annual visits, MissAV ranked among the top 60 most-visited websites on the internet. For years, the site appeared to operate without any significant setbacks, but that changed a few days ago, when several domain names including MissAV.com and ThisAV.com were seized. Initially, it wasn’t clear how permanent these seizures were, as the domains briefly became accessible again.

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U.S. Trademark Fees to Increase Effective January 18, 2025

JD Supra Law

The United States Patent and Trademark Office (USPTO) has announced increases and adjustments of certain trademark official fees, effective January 18, 2025. These changes follow a year-long comprehensive review process and have been introduced to improve efficiency, encourage accuracy, and ensure the USPTO has the necessary resources to operate.

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Initial Comments on the Supreme Court’s TikTok Ban Opinion–TikTok v. Garland

Technology & Marketing Law Blog

[A much longer post is forthcoming. A few initial remarks] The Supreme Court’s ruling will foster more online censorship. The Supreme Court endorses a “Fortress USA” approach, i.e., that legislatures can impose special rules that create a bordered Internet customized for the US and more heavily censored than the Internet in other countries.