JD Supra Law
JANUARY 19, 2024
The Federal Circuit held in Thaler v. Vidal that an “inventor” must be a human. During the patent drafting process, the human inventors meet with the patent attorney to describe the invention. In this meeting, the patent attorney learns the bounds of the invention, and when drafting the patent application, “fills in the gaps” to….
The IPKat
JANUARY 19, 2024
In the past months, this Kat has been captivated by the question of how wars impact traditional regional products and, ultimately, the registration of geographical indications (GIs) [see also earlier posts on the Versailles Treaty and on Camembert ]. I would now like to share with our readers some of the stories uncovered during this research. Background For the study, I decided to focus on France and its protected designations of origin (PDOs).
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Velocity of Content
JANUARY 19, 2024
On Wednesday, the Fifth U.S. Circuit Court of Appeals upheld a lower court decision to block key provisions of HB 900, Texas’s controversial book rating law. In a 36-page decision, a three-judge panel ruled that the law likely violated First Amendment protections against compelled speech. The lawsuit challenging HB 900 was first filed in July , by a coalition including two Texas bookstores, Austin’s BookPeople and Houston’s Blue Willow Bookshop , together with the American Booksellers Associ
The IP Law Blog
JANUARY 19, 2024
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
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 Illusion of More
JANUARY 19, 2024
By now, many people who pay attention to artists’ rights have read the David Segal New York Times story published on January 13 about the amateur folk duo Bad Dog discovering their songs on major streaming platforms, but with different titles and attributed to a different creator. In what should be a surprise to nobody, […] The post Fraud in Music Streaming on Legit Platforms appeared first on The Illusion of More.
TorrentFreak
JANUARY 19, 2024
In recent years, Hollywood has played close attention to major pirate sites and services with connections to Vietnam. Representing rightsholders, MPA and ACE visited Vietnam last year to discuss piracy-related challenges with local authorities. The focus on Vietnam resulted in some progress. Anti-piracy coalition ACE previously shut down popular video piracy library 2Embed following negotiations with its Hanoi-based operator.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JANUARY 19, 2024
In the final days of 2023 as people were preparing to welcome in the new year, yet more pirate domains were being redirected or transferred into the hands of the MPA, presumably as part of a settlement agreement. Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. We gave the news a brief mention at the time but since MPA/ACE have certain procedures to follow, the official announcement was published yesterday.
JD Supra Law
JANUARY 19, 2024
Addressing the issue of analogous trademark use, the Trademark Trial & Appeal Board designated precedential a September 6, 2022, decision in which the Board cancelled a registration for CAPTAIN CANNABIS based on the petitioner’s evidence of prior use that was “analogous to trademark use.” Laverne John Andrusiek v. Cosmic Crusaders LLC and Lewis J.
The IPKat
JANUARY 19, 2024
The EU Regulation on geographical indication (GI) protection for craft and industrial products was approved by the Council on 9 October 2023 ( IPKat here ), entered into force on 16 November 2023 and will be fully applicable from 1 December 2025. Its purpose is to assist producers in preserving the heritage of locally sourced craft and industrial products, allowing them to compete in specific niche markets while maintaining their local knowledge and culture.
JD Supra Law
JANUARY 19, 2024
The U.S. Supreme Court’s May 2023 decision in Amgen, Inc. v. Sanofi (Amgen) sent shock waves through the patent world, particularly in the chemical and biotech segments, due to its invalidation of Amgen patents based on a lack of enablement. It was expected that the impact of the decision would make it more difficult for life sciences companies to obtain broad patents claiming an entire genus of compounds (such as antibodies) that perform a specified function.
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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
JANUARY 19, 2024
Courts might not have the authority to order an attorney to refrain from marketing to a competitor's clients, an "exceptionally skeptical" Connecticut federal judge observed Friday as he considered a dispute arising from a settlement between two former law partners.
JD Supra Law
JANUARY 19, 2024
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.
Patently-O
JANUARY 19, 2024
by Dennis Crouch In Roku, Inc. v. ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring the patent holder Universal Electronics, Inc. (“Universal”). The most interesting part of the case for me is the assignment issue – whether the patents had been properly assigned at the appropriate time.
JD Supra Law
JANUARY 19, 2024
Video games are the ultimate interactive experience in intellectual property (“IP”), combining overlapping layers of copyrights, trademarks, licenses, “work made for hire” contracts, and publicity rights, all of which require careful consideration by a game developer to avoid legal issues and prepare the game for distribution. The legal documentation demonstrating the developer has the rights it needs to release the game, including all of its constituent parts, constitute the “chain of title” to
43(B)log
JANUARY 19, 2024
Civilizing social media: The effect of geolocation on the incivility of news comments Yufan Guo , Yuhan Li , and Tian Yang , New Media & Society (2023) Abstract Many social media affordances can affect the quality of online discourse, but such an effect remains understudied for the visibility of geolocation, which is available on most social media platforms.
JD Supra Law
JANUARY 19, 2024
In H. Lundbeck A/S, et al. v. Lupin Ltd., et al., Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023), the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents.
IP Law 360
JANUARY 19, 2024
A Virginia federal judge on Friday rejected Centripetal Networks' request for partial summary judgment in its suit alleging cybersecurity software company Palo Alto Networks Inc. uses technology covered by its patents, saying the court has already found a genuine dispute of material fact regarding whether the disputed claim for the patent is invalid.
JD Supra Law
JANUARY 19, 2024
On January 11, 2024, the Federal Court released its decision concluding that the Patented Medicine Prices Review Board (PMPRB or Board) was reasonable in its redetermination that the invention of Patent No. 2,478,237 (the 237 patent)—claiming the use of 0.3% adapalene for the treatment of dermatological disorders—pertained to, or could be used for, Galderma’s 0.1% adapalene product DIFFERIN.
IP Watchdog
JANUARY 19, 2024
This week in Other Barks & Bites: the Federal Circuit issues a precedential ruling affirming the International Trade Commission’s domestic industry requirement analysis, among other issues; Mariah Carey asks court to dismiss “All I Want for Christmas Is You” copyright lawsuit; Trader Joe’s loses its trademark lawsuit against employee union; and IBM cancels its employee invention reward program.
JD Supra Law
JANUARY 19, 2024
Insurance is part of our daily lives. Health insurance reimburses us if we get sick, life insurance safeguards loved ones if we pass away, and auto insurance reimburses others in case we cause an accident and injure someone else unexpectedly. Likewise, intellectual property (IP) insurance protects your company from the potentially high cost of litigation involving IP.
SpicyIP
JANUARY 19, 2024
The safeguard against groundless threats alleging copyright infringement in Section 60 suffers from a lack of clarity around some of its key terms like “due diligence”, “groundless” and “prosecution” One decision that attempts to address this lacuna is the Bombay High Court’s decision in Manya Vejju v. Sapna Bhog , where the court read both civil and criminal remedies to fall under the scope of “proceedings” and made an attempt to interpret w
JD Supra Law
JANUARY 19, 2024
The USPTO has issued “Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al.” The Guidelines set forth the U.S. Patent and Trademark Office’s (USPTO’s) stance that the Supreme Court decision applies across the board without regard to technology, and instruct USPTO personnel to continue to use the Wands factors when assessing enablement.
LexBlog IP
JANUARY 19, 2024
IPNews® – With the use of AI proliferating daily, an increasing question is who owns works created by AI. The copyright office is on record as saying that works exclusively produced by AI are not copyrightable. However, a work partly created by AI and partly created by a person can be protected provide that there is sufficient human authorship.
JD Supra Law
JANUARY 19, 2024
Directors Michael Joffre, Ph.D., William H. Milliken, Anna G. Phillips, and Richard A. Crudo will present the webinar "Federal Circuit IP Appeals: Summaries of Key 2023 Decisions" on Tuesday, January 23, 2024, at 1:00 p.m. EST. Attendees will receive an advance copy of our report via email after the webinar concludes. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Law 360
JANUARY 19, 2024
Sen. Amy Klobuchar, D-Minn., has told five drugmakers to remove certain patents identified by the Federal Trade Commission from a drug database that affects the speed of generics coming on the market or explain why those patents should stay listed.
JD Supra Law
JANUARY 19, 2024
On December 27, 2023, Chief Judge Catherine Eagles of the U.S. District Court for the Middle District of North Carolina granted a motion for preliminary injunction by Natera Inc. enjoining NeoGenomics Laboratories Inc. from making, using, selling, or offering for sale in the United States the RaDaR assay or similar assay or product. Natera, Inc. v. NeoGenomics Labs., Inc., No. 23-629, D.I. 169, slip op. at 1, 21 (M.D.N.C.
IP Law 360
JANUARY 19, 2024
Pornhub parent Aylo Holdings urged a Texas federal court to toss a lawsuit from WellcomeMat LLC claiming the adult entertainment giant is unlawfully using its technology for uploading videos to an online platform, saying the real estate video marketing company's patent doesn't disclose an "inventive concept" and thus is invalid.
JD Supra Law
JANUARY 19, 2024
2023 was a busy year at the Patent Trial and Appeal Board, as post-grant practice continued to evolve at a rapid pace. At the United States Patent and Trademark Office, there were big developments in Director Review and proposed guidance that could significantly alter post-grant practice.
LexBlog IP
JANUARY 19, 2024
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
JD Supra Law
JANUARY 19, 2024
Directors Tracy-Gene G. Durkin, Deirdre M. Wells, Daniel A. Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Law 360
JANUARY 19, 2024
The Ninth Circuit declined to undo a lower court's certification of classes in a name, image and likeness rights lawsuit that the NCAA fears could lead to "devastating consequences" if it is required to pay more than $4 billion in compensation to college athletes.
JD Supra Law
JANUARY 19, 2024
Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.”.
LexBlog IP
JANUARY 19, 2024
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
JD Supra Law
JANUARY 19, 2024
The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a lawsuit involving two software patents directed toward enhancements to search result displays, finding that both patents claimed subject matter that is ineligible under 35 U.S.C. § 101. IBM v. Zillow Group, Inc., Case No. 22-1861 (Fed. Cir. Jan. 9, 2024) (nonprecedential) (Prost, Hughes, JJ.
IP Law 360
JANUARY 19, 2024
Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.
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