Mon.Oct 07, 2024

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Reflecting on October 7th: The Antisemitism Red Alert Warning Won’t Stop Buzzing

Michael Geist

Late on Friday, October 6, 2023, I was dozing after a family Sabbath dinner meal when I was suddenly awoken by the continuous buzzing of the Tzofar red alert app on my phone and watch. I had installed the app, which is widely used in Israel to warn of imminent rocket fire, months earlier while visiting on a teaching assignment and had forgotten it was still on my phone.

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Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

JD Supra Law

I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on my floor as I read it cover to cover more times than I could count. Worlds collided, and it blew my mind that DC and Marvel could produce a team-up along these lines.

Trademark 113
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How long do I have to start an accident claim in Ontario?

Nelligan Law

Reading Time: 2 minutes Short Answer: Personal Injury Claim: Two (2) years to file Accident Benefits Claims: Thirty (30) day Longer Answer: You generally have two (2) years from the date of your accident or injury to file a claim in Ontario. Accident Benefits claims must be filed within thirty (30) days of the accident. It is important to remember that if you miss this deadline, you may lose your right to seek compensation.

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Apple Doesn't Infringe Digital Identity Patents, Jury Finds

IP Law 360

A federal jury in Austin, Texas, has rejected a $361 million patent case from a longtime ExxonMobil employee who had targeted in-house cybersecurity hardware used in Apple iPhones.

Patent 98
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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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The Role of Intellectual Property Rights in India’s Startup Ecosystem: A Pathway to Innovation and Growth.

IIPRD

Introduction In the quickly developing scenery of the recent business the startups stand as the indications of modernization which brings the new concepts and fresh products or the amenities to the market. The pathway to feat for this young innovativeness is troubled with challenges from obtaining the subsidy for shielding their exceptional notions in contradiction of the opposition.

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Apple Beats Masimo's Allegations Of Misleading USPTO

IP Law 360

Apple did not deceive the U.S. Patent and Trademark Office when obtaining design patents, a Delaware federal judge ruled Monday, shooting down a key argument from Masimo Corp. as the parties continue to fight over the market for smartwatches.

More Trending

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Epic Sues Google Again, This Time Adding Samsung

JD Supra Law

The fight over the lucrative app market ropes another manufacturer into the fray. Nine months after persuading a jury that Google LLC had monopolized the markets for Android app distribution and in-app billing, Epic Games has filed a new antitrust suit against Google, this time adding Android manufacturer Samsung Electronics, for allegedly working with Google to maintain its monopoly in exchange for huge benefits flowing to Samsung (Epic Games, Inc. v.

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Premier League’s Priority IPTV Piracy Threats Reported to U.S. Government

TorrentFreak

For the UK’s Premier League, the United States is still a relatively untapped market but given the potential, growth is being taken very seriously indeed. As highlighted in its submission to the United States Trade Representative for its 2024 Review of Notorious Markets, in 2023 the Premier League opened an office in Manhattan, New York. This is the second international office for the UK’s top football league after opening in Singapore in 2019, primarily for the purpose of fighting p

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Oops, I Did It Again: Navigating Social Media Posts for Brands

JD Supra Law

Brands’ social media feeds are getting attention lately, but not always for the right reasons. We’ve covered social media advertising risks in our ADventures in Law blog before.

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6 High Court Cases To Watch For Trial Attorneys

IP Law 360

As the U.S. Supreme Court lifts the curtain on a new term, the justices are slated to consider a variety of cases impacting the work of trial litigators, including a death penalty case over a state-disavowed conviction, the boundaries of the Racketeer Influenced and Corrupt Organizations Act, and corporate veil piercing.

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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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The Next Frontier for Artificial Intelligence in 2025

JD Supra Law

Everyone is closely watching developments in the artificial intelligence (AI) space in terms of advancements, regulations, and investment. As we go to print on this post, SoftBank’s Vision Fund has just announced its agreement to invest $500 million in OpenAI’s latest funding round, valuing the developer of ChatGPT at $150 billion on a pre-money basis, according to industry reports.

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Cumulation of design and copyright protection under Italian law: is the Italian Supreme Court’s approach in line with the CJEU case law? – Part One

Kluwer Copyright Blog

With an order (Cass., ord. no.11413/2024) that suprisingly triggered little attention, at the end of last April the Italian Supreme Court (Corte di Cassazione) proffered yet once more its original approach and reading of the principles inspiring the EU copyright harmonization – and particularly of those developed by the CJEU case law. This time, the casus belli came from a question related to the requirements needed to allow the cumulation of design and copyright protection for works of industri

Designs 63
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Fresenius and Formycon Receive EC and FDA Approval of Ustekinumab Biosimilar

JD Supra Law

On September 27, 2024, Formycon AG (“Formycon”) and its commercialization partner Fresenius Kabi (“Fresenius”) jointly announced that the European Commission (EC) has issued a marketing authorization for FYB202/OTULFI™ (ustekinumab-aauz), a biosimilar to STELARA®.

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TTABlogger Presentation: October 9th -"Meanwhile Back at the TTAB" - All Ohio Annual Institute on Intellectual Property

The TTABlog

Yours truly, the TTABlogger , will give a virtual presentation entitled "Meanwhile Back at the TTAB" on October 9th at 2:45 PM at the 34th All Ohio Annual Institute on Intellectual Property (AOAIOIP) - part of a two-day virtual webinar (October 8 and 9) covering recent developments in patent, trademark, copyright and advertising law. A brochure describing the sessions may be found here.

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Spotlight On: Biosimilar Litigations - October 2024

JD Supra Law

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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Tuesday Tiddlywinks

The IPKat

Kat-gathering Autumn is in full swing in the Northern hemisphere and so are activities, events, and developments in the IP field. Take a look below for the latest news! Also: don't forget to check our Events page on a regular basis, including to register to attend our own webinar 'Image Rights in the Age of AI: Less is More or More is Better? ' on 30 October 2024.

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In re Cellect in View of Supreme Court's "Long Conference" – Part II

JD Supra Law

In view of the Supreme Court's "long conference" on September 30th, it seems timely to review the arguments, pro, con, and amicus briefs submitted to the Court asking for certiorari over the Federal Circuit's In re Cellect decision. While that Court's recent Allergan USA Inc. v. MSN Laboratories Private Ltd. opinion may have made the issues.

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Colour combination position trade mark not distinctive

The IPKat

The consistent case law of the EU courts on the inherent distinctiveness of colour marks is very restrictive and currently challenged by INTA, MARQUES and OMV in appeal proceedings before the General Court (IPKat here ). This court confirmed the restrictive approach lately in a decision concerning four colour combination position trade marks. Background On 30 September 2019, Väderstad Holding AB (‘Väderstad’) filed the following trade mark applications with the European Union Intellectual Proper

Art 60
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[Hybrid Event] Securing the Vine: IP and Privacy Protection for the Wine Industry - October 24th, St. Helena, CA

JD Supra Law

The wine industry, with its rich history and vibrant marketplace, relies heavily on branding and innovation. Protecting your brand and other intellectual property (IP) is crucial for maintaining a competitive edge and safeguarding your business.

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Understanding the Ontario Court Decision on UIA Flight PS752 Tragedy

Nelligan Law

Reading Time: 2 minutes In a poignant ruling from the Ontario Superior Court of Justice, the case of S. v. Ukraine International Airlines JSC (2024 ONSC 3303) addressed the tragic shoot down of Ukraine International Airlines Flight PS752 by Iran shortly after takeoff from Tehran on January 8, 2020. The incident killed all 176 passengers and crew aboard the airplane, many of whom were Canadians.

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Aflibercept Biosimilar Updates in Europe

JD Supra Law

On September 19, 2024, the European Medicines Agency (EMA) Committee for Medicinal Products for Human Use (CHMP) adopted a positive opinion for Sandoz’s aflibercept biosimilar AFQLIR.

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ITC Judge Pushes For Import Ban In Liver Drug Secrets Row

IP Law 360

The U.S. International Trade Commission's chief judge is recommending the agency block a Hong Kong drug developer from potentially marketing unapproved treatments for a type of liver disease for the next seven years, a win for another company behind a different unapproved treatment for the same type of liver disease.

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Falsely Claiming Patent Protection May Violate the Lanham Act

JD Supra Law

Before Reyna, Cunningham and Albright. Appeal from the United States District Court for the District of Colorado. Summary: A claim that an unpatented product feature is “patented,” “proprietary,” or “exclusive” may violate Section 43(a)(1)(B) of the Lanham Act.

Patent 66
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After Loper Bright, the USPTO Should Reopen the Comment Period for FY 2025-2029 Patent Fees

IP Watchdog

On April 3, 2024, the United States Patent and Trademark Office (USPTO) published a 266-page Notice of Proposed Rulemaking (NPRM) on “Setting and Adjusting Patent Fees during Fiscal Year 2025” (89 FR 23226), with proposed selective and in some cases extraordinary increases in fees for the fiscal years 2025-2029. These proposed increases in fees for patent activities have been controversial among stakeholders.

Patent 59
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Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - October 2024

JD Supra Law

Etanercept 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.

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Justices Reject Pleas To Hear Several Patent Cases

IP Law 360

The U.S. Supreme Court on Monday turned down several petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures.

Patent 59
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AI & Copyright: First decision, and missed opportunity, in Germany

JD Supra Law

In an eagerly awaited decision, the Hamburg Regional Court is now the first in Germany to rule on AI training datasets under EU copyright law. While the court managed to avoid the most controversial issue, namely whether the use of web-scraped images for AI training can be privileged under EU copyright law, the decision provides useful first guidance on the aggregation of such data for AI training and on the requirements for a rightsholder’s (machine-readable) reservation of use online.

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9th Circ. Asked To Take Another Look At 'Patent Misuse' Case

IP Law 360

Atrium Medical Corp. has urged the full Ninth Circuit to reconsider a panel ruling siding with rival medical product maker C.R. Bard in a $52.8 million lawsuit over patent royalty provisions, saying the panel "inappropriately dispensed with the evidence adduced below and the district court's fact-finding.

Patent 52
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Third Quarter 2024 Federal Circuit Law Update

JD Supra Law

Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant legal points - in order to assist clients seeking to identify recent law relevant to a particular problem. By: Baker Botts L.L.P.

Law 61
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PetSmart Can't Shear Down Dog Food Trademark Suit

IP Law 360

A Kentucky federal judge declined PetSmart's bid to narrow a dog food company's intellectual property lawsuit against the pet products retailer, holding that the case qualifies for an exception that allows courts to intervene in pending matters before the U.S. Patent and Trademark Office.

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USPTO Announces December 14, 2024 for Expiration of After Final Consideration Pilot Program 2.0

JD Supra Law

On September 30, 2024, the United States Patent and Trademark Office (USPTO) announced that the last day of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) is set for December 14, 2024.1 The program was set to run through September 30, 2024, but was extended to December 14, 2024, to accommodate applicants that may be in the process of preparing to use the program.

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Skiplagged Cost American Airlines $18M, Jury Hears

IP Law 360

American Airlines Inc. claims that airfare search engine Skiplagged Inc. cost it $18 million by masquerading as an authorized agent of the airline, but Skiplagged told a Texas jury Monday that American sued it to limit customers' "freedom of choice.

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Patent Poetry: Patent Office Says Coding Error Affected PTA Determinations

JD Supra Law

The US Patent and Trademark Office (USPTO) has announced that a recent update to its software “introduced a coding error into the patent term adjustment software the agency uses to perform patent term adjustment (PTA) determinations.”.

Patent 58
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Addressing Common Challenges in K-12 Curriculum Development with RightFind Curriculum’s Consultative Services

Velocity of Content

EdTech and curriculum development companies, districts, and schools strive to create engaging, culturally responsive, and standards-aligned lessons. However, navigating the vast sea of published content while ensuring copyright compliance can be a complex and daunting task. Recognizing these challenges, CCC is introducing its newest academic offering, RightFind Curriculum , a combined content and licensing solution.

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PTO Promotes Judicial Independence in Final PTAB Rule

JD Supra Law

On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted on October 5, 2023. Now, future attempts by the Office to establish additional procedures governing pre-issuance circulation and review of decisions may not involve participation (either directly or indirectly) by a PTAB Management Judge, officer, or employee external to the.