JD Supra Law

MARCH 21, 2025

Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? Is the appropriate time period at the time of registration or subsequent to the date of registration?

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Registration Trademark Business Patent 71

The IPKat

MARCH 21, 2025

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous. The Board of Appeal found that simply excluding a technical feature disclosed as essential or advantageous in the prior art cannot in itself establish inventive step in absence of evidence showing that a c

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Invention Art Patent Patent Application 57

JD Supra Law

MARCH 21, 2025

A petition is calling for the Supreme Court to decide on the validity of the discovery rule, which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. Scott Hervey and Tara Sattler dive into this game-changing copyright case in this installment of The Briefing.

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Social Media Copyright 63

Traverse Legal Blog

MARCH 21, 2025

Our attorneys are contacted almost daily by Amazon sellers who’ve suffered some adverse consequences on marketplaces such as Amazon and Walmart. While these can be negative situations by the platforms themselves, a more serious issue occurs when third parties steal your market share and affect your revenue. Selling on Amazon has its fair share of challenges, but few are as frustrating as unauthorized sellers and counterfeit products.

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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

JD Supra Law

MARCH 21, 2025

A petition is calling for the Supreme Court to decide on the validity of the discovery rule, which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. Scott Hervey and Tara Sattler dive into this game-changing copyright case in this installment of The Briefing.

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Social Media Copyright 63

IP Watchdog

MARCH 21, 2025

This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. factory investments to stay ahead of drug tariffs; the Court of Justice for the European Union reports a decrease in new IP cases in 2024 despite a 12% increase in overall litigation before the Court that year; the Federal Circuit issues precedential decisions confirming Hatch-Waxman litigation expenses as tax deductible, rejecting Abiomeds bid to extend the doctrine of prosecution

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IP Litigation Reporting Designs 52

IP Law 360

MARCH 21, 2025

Administrative judges with the Patent Trial and Appeal Board should prepare themselves for layoffs, according to an email from Chief Administrative Patent Judge Scott Boalick that was shared with Law360.

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Patent 98

JD Supra Law

MARCH 21, 2025

The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed that artificial intelligence (AI) cannot be the sole author on a copyright-registered work, but questions still remain as to the future of AI authorship.

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Copyright 68

IP Law 360

MARCH 21, 2025

A California federal judge doubted Friday certain defenses in OpenAI's trademark battle against a man who runs a website called "open.ai," telling the man's counsel repeatedly during a hearing it's "incredible" that he's claiming the court can't legally order him to transfer the domain if he doesn't own the mark.

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Trademark 98

JD Supra Law

MARCH 21, 2025

On 7 March 2025, the Changshu Peoples Court (in Chinas Jiangsu province) announced that it had recently concluded a case on the topical issue of whether AI-generated works can be protected by copyright. In the case, a plaintiff surnamed Lin used the AI tool Midjourney to create an image, and then Photoshop to further refine it.

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Copyright 66

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

IP Law 360

MARCH 21, 2025

A lawyer for Samsung Electronics Co. closed out the third trial in contract litigation with Netlist Inc. on Friday by telling a California federal jury that the chipmaker has "invented" a nonexistent breach because it wants to claw back valuable patent licenses.

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Invention Contracts Patent Licensing 52

JD Supra Law

MARCH 21, 2025

On March 3, 2025, the Japanese Supreme Court held that building a network-based system comprised of a server located in the United States, connected via a network to user terminals in Japan, constitutes "producing a product" under Article 2, paragraph (3), item (i) of the Patent Act and infringes a Japanese patent related to a system for a streaming service with comments.

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Patent Infringement Patent 66

IP Law 360

MARCH 21, 2025

Chief U.S. Circuit Judge Diane Sykes of the Seventh Circuit has let her voice be heardon major issues that faced courts during her time at the top, writing important rulings that have advanced biometric privacy litigation, kept Wisconsin's mandatory bar membership intact and curbed a "copyright troll" from crowding dockets with questionable suits.

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Privacy Litigation Copyright 52

JD Supra Law

MARCH 21, 2025

RESTEM, LLC v. JADI CELL, LLC - Before Moore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Inherency in product-by-process claims requires the prior art process to inevitably produce the claimed produce, not merely disclose the claimed process steps.

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Art Patent 63

IP Law 360

MARCH 21, 2025

A Texas federal jury on Friday found that a Florida-based guitar maker infringed Gibson Brands Inc.'s trademarks on shapes of some of its famous guitars like the Flying V and Explorer but handed Gibson $1 after finding that it delayed bringing its claims.

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Brands Branding Branding Trademark 52

JD Supra Law

MARCH 21, 2025

The US Court of Appeals for the Federal Circuit vacated a district courts grant of summary judgment of noninfringement because the district court improperly narrowed a claim term during its construction. IQRIS Technologies LLC v. Point Blank Enterprises, Inc. et al., Case No. 2023-2062 (Fed. Cir. Mar. 7, 2025) (Lourie, Linn, Stoll, JJ.).

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Technology 63

IP Law 360

MARCH 21, 2025

The Patent Trial and Appeal Board has found that BMW was able to show that all the claims it challenged in a patent for processor technology as invalid as obvious.

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Patent Technology 52

JD Supra Law

MARCH 21, 2025

LASHIFY, INC. V. ITC - Before Prost, Taranto, and Chen.Appeal from the U.S. International Trade Commission. Warehousing, quality control, distribution, sales, and marketing expenses incurred in connection with an imported product may constitute significant employment of labor or capital that satisfies the economic prong of the ITCs domestic-industry requirement.

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Marketing Marketing 63

IP Law 360

MARCH 21, 2025

The Federal Circuit on Friday reinstated a blood pump patent suit by a unit of Swedish medical device company Getinge AB against a Johnson & Johnson MedTech subsidiary, faulting a Massachusetts federal judge's claim construction that led the parties to stipulate that there was no infringement.

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Patent 52

JD Supra Law

MARCH 21, 2025

On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection.

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Copyright 63

IP Law 360

MARCH 21, 2025

Novartis says the U.S. Food & Drug Administration has made a drug marketing exclusivity window "meaningless" and wants a D.C. federal judge to block a rival from selling a generic drug that would compete with its blockbuster heart medication Entresto.

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Marketing Marketing 52

JD Supra Law

MARCH 21, 2025

Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum computing remains a field marked by a mix of skepticism and optimism.

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Patent 63

IP Law 360

MARCH 21, 2025

Lululemon persuaded a panel of administrative judges on Friday to wipe out all of the claims in a Nike footwear manufacturing patent, which Nike had already dropped from its New York suit against the athletic apparel retailer by the time that case went to trial earlier this month.

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Patent 52

JD Supra Law

MARCH 21, 2025

On March 4, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Boards (PTAB) decision in Restem, LLC v. Jadi Cell, LLC, No. 23-2054, 2025 WL 679195, at *1 (Fed. Cir. Mar. 4, 2025), finding that the patent challenger failed to prove that the claims were unpatenable and offering two key takeaways. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Patent 63

IP Law 360

MARCH 21, 2025

Comcast and New York startup Touchstream Technologies Inc. said Friday they have reached a settlement in Touchstream's $525 million infringement suit over video display patents.

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Settlement IP Technology Patent 52

JD Supra Law

MARCH 21, 2025

ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART - Before Dyk, Reyna, and Stoll. Appeal from the United States District Court for the Eastern District of Virginia. A patent applicant forfeited its Appointments Clause challenge by failing to raise the issue during its appeal from a PTAB decision.

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Patent Application Technology Patent 61

IP Law 360

MARCH 21, 2025

Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.

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JD Supra Law

MARCH 21, 2025

The battle over beauty dupes just got more interesting. In a major win for e.l.f. Cosmetics, a California federal judge ruled that its Lash N Roll mascara doesnt infringe the trademarks and trade dress of Benefit Cosmetics popular Roller Lash mascara.

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Brands Branding Branding Trademark 61

IP Law 360

MARCH 21, 2025

Comparing Luka Doni's and Lebron James' approaches to establishing and managing their brands highlights a shift toward athlete-controlled IP and some lessons on how players and teams can collaborate to capitalize on athletes' star power, say attorneys at Debevoise.

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IP Brands Branding Branding 52

The Trichordist

MARCH 21, 2025

Data center subsidized electricity rates could be a disaster for consumers–all so Big Tech can steal our copyrights.

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Copyright 103

IP Law 360

MARCH 21, 2025

The NCAA is facing yet another antitrust challenge to its eligibility rules, this time from a college football player who says the organization unfairly denied him a waiver that would have allowed him to play at Rutgers University next season.

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Traverse Legal Blog

MARCH 21, 2025

Eventually, the federal government will pass an artificial intelligence law, which will likely trump and preempt state laws. In the meantime, many states are implementing their artificial intelligence regulations and laws. We expect this trend to continue. If you have any questions concerning these acts or compliance with new AI regulations, contact one of our artificial intelligence attorneys for more information.

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Business Design Designs Law 52

IP Law 360

MARCH 21, 2025

As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert atLankler Siffert & Wohl.

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Law 52

TorrentFreak

MARCH 21, 2025

Italy’s war on pirate IPTV providers, resellers, and viewers, began in earnest back in February 2024. Yet despite the significant resources committed to the expanding Piracy Shield initiative, it’s all but invisible to the public. Piracy Shields existence, not unlike that of a cosmic black hole, is perhaps most easily confirmed by observing the effect it has on the entities that surround it.

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Publishing Copyright Reporting Copyright Infringement 89

IP Law 360

MARCH 21, 2025

In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.

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