Plagiarism Today
OCTOBER 2, 2023
The Supreme Court has taken up a case that will determine how far back copyright damages can go. Here's why the case is important to watch. The post SCOTUS to Test the Limit of Copyright Liability appeared first on Plagiarism Today.
Michael Geist
OCTOBER 2, 2023
The CRTC last week released the first two of what is likely to become at least a dozen decisions involving the Online Streaming Act (aka Bill C-11). The decision, which attracted considerable commentary over the weekend, involves mandatory registration rules for audio and visual services that include far more than the large streaming services. The Commission says the registrations would give it “ de minimis information about online undertakings and their activities in Canada, which would give th
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Plagiarism Today
OCTOBER 2, 2023
Supreme Court to hear case over copyright statute of limitations, Writers hit back at Open AI response and RIAA targets pirate apps. The post 3 Count: Copyright Limits appeared first on Plagiarism Today.
JD Supra Law
OCTOBER 2, 2023
As we’ve previously written, the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are among the plaintiffs to bring suit in California, while authors George R.R. Martin, John Grisham, and others have filed in New York.
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?
Patently-O
OCTOBER 2, 2023
by Dennis Crouch The Supreme Court declined to hear an important patent eligibility case on October 2nd, denying certiorari in CareDx v. Natera. This leaves in place a Federal Circuit ruling that invalidated CareDx’s patents on its method for detecting organ transplant rejection. The patents at issue covers breakthrough diagnostic technique using cell-free DNA to non-invasively detect organ transplant rejection.
SpicyIP
OCTOBER 2, 2023
Image by rawpixel.com on Freepik In the earlier post , publishing Swaraj, Tejaswini and Praharsh’s comments to the Ministry of Commerce on the proposed Draft Patent (Amendment) Rules, we had extended an open invitation to anyone to share their submitted comments to the Ministry with us, for publication. In response to our invitation, we received comments from the Indian Drug Manufacturers Association (IDMA) and Public Citizen.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Indiana Intellectual Property Law
OCTOBER 2, 2023
Massachusetts – Judge Allison Burroughs sided with Eli Lilly in a dispute with Teva Pharmaceuticals , overturning a $176.5 million jury verdict that had previously been awarded to Teva in a patent infringement suit regarding the two companies’ development of drugs with antibodies capable of treating headache disorders associated with calcitonin gene-related peptide (“CGRP”).
IP Law 360
OCTOBER 2, 2023
Bryan Cave Leighton Paisner LLP said Monday it has added a partner from Katten Muchin Rosenman LLP for its global intellectual property and tech disputes practice in Chicago.
Likelihood of Confusion
OCTOBER 2, 2023
Or, rather, someone else — who can really use a meal — will. Originally posted 2007-10-23 00:07:45. Republished by Blog Post Promoter The post Eat your words appeared first on LIKELIHOOD OF CONFUSION™.
Copyright Lately
OCTOBER 2, 2023
While a flurry of AI copyright lawsuits from prominent authors and artists grab headlines, another case has quietly taken something more important: a head start. Even die-hard copyright geeks would be forgiven for overlooking a lawsuit first filed over three years ago by information services company Thomson Reuters against AI start-up Ross Intelligence.
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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.
TorrentFreak
OCTOBER 2, 2023
Voltage Holdings is one of many mostly American movie companies that have attempted to turn piracy into profit over the last 15 years. A lawsuit the company filed in Canada is broadly the same as others filed elsewhere but the same cannot be said about the outcome. Background In 2017, piracy monitoring company Maverickeye collected IP addresses of BitTorrent users sharing the Voltage-owned sci-fi movie ‘Revolt’ Canada operates a so-called ‘notice-and-notice’ regime so Vol
Michael Geist
OCTOBER 2, 2023
Last week, the CRTC issued the first two of what are likely to be at least a dozen decisions involving the Online Streaming Act. Those decisions are already sparking controversy, but as the Commission focuses on Bill C-11 and perhaps soon Bill C-18, there is mounting concern that its other responsibilities are falling by the wayside that its independence from the government is starting to show cracks.
Biswajit Sarkar Copyright Blog
OCTOBER 2, 2023
Heartiest Salute to our national leader- Mahatma Gandhi on this day! Early Years Mahatma Gandhi, born Mohandas Karamchand Gandhi took birth in the wake of October 2 nd , 1869, in Porbandar, Gujarat. Coming from privilege, Gandhi, the son of a chief minister chose to pursue law from Inns Court School of Law after completing his bachelor’s in English Literature from University College, London.
JD Supra Law
OCTOBER 2, 2023
Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. However, owners may not appreciate another type of intellectual property right that can complement their trademark portfolios: design patents.
The IPKat
OCTOBER 2, 2023
Large language models (LLMs) such as ChatGPT have been hailed as potentially revolutionary for the legal industry. Lord Justice Birss himself recently made headlines for praising the usefulness of ChatGPT for writing court judgments. LLMs are undeniably a major technological advance with the potential to make a significant impact on the legal industry.
JD Supra Law
OCTOBER 2, 2023
Each fall, leading pharmaceutical patent litigators for brand name and generic drug companies gather at the Paragraph IV Disputes Master Symposium in Chicago to receive up-to-the-minute information on the latest developments affecting Hatch-Waxman litigation and participate in significant peer-to-peer networking opportunities.
The IPKat
OCTOBER 2, 2023
The Enlarged Board of Appeal (EBA) decision in G 2/21 arose from a case seeking guidance on the evidence requirement for a purported technical effect relied on for inventive step ( IPKat ). However, in its final order, G 2/21 focussed less on the amount of evidence needed to support an invention, and more on the disclosure requirement for a technical effect relied on for inventive step.
JD Supra Law
OCTOBER 2, 2023
On August 22, 2023, the Federal Circuit issued a nonprecedential decision holding that claims directed to deuterated analogs of ruxolitinib were unpatentable as obvious. Sun Pharm. Indus., Inc. v. Incyte Corp., No. 2019-2011, Document No. 117 (Fed. Cir. August 22, 2023) (“Sun”). The Federal Circuit affirmed a Patent and Trial Appeal Board (“Board”) decision from IPR2017-01256 that held unpatentable all claims of U.S.
IP Law 360
OCTOBER 2, 2023
The social media website formerly known as Twitter was hit Monday in Florida federal court with one of its first trademark lawsuits over Elon Musk's recent decision to rebrand the website as "X" — coming from a Florida legal marketing firm that also puts out "Mass Tort Insider.
JD Supra Law
OCTOBER 2, 2023
After first granting a request for an interim stay of an injunction entered against Evenflo Co. Inc. for selling certain car seats which were found to infringe patents owned by Wonderland Switzerland AG, the Federal Circuit later removed that interim stay as to one patent. The district court’s granting of the permanent injunction and the Federal Circuit’s decision to remove the stay and thereby allow then injunction to issue, may have been based on the inability for monetary damages to.
IP Watchdog
OCTOBER 2, 2023
The U.S. Supreme Court today denied the petition for certiorari brought by CareDX, Inc.in May asking it to review a 2022 decision holding certain claims of its patents directed to detection levels of donor cell-free DNA (cfDNA) in the blood of an organ transplant patient patent ineligible. Justice Bret Kavanaugh would have granted the petition, according to the Order List.
JD Supra Law
OCTOBER 2, 2023
Case Name: Janssen Pharms., Inc. v. Mylan Labs. Ltd., No. 20cv13103, 2023 WL 3605733 (D.N.J. May 23, 2023) (Padin, J.) Drug Product and Patent(s)-in-Suit: Invega Trinza® (paliperidone palmitate); U.S. Patent No. 10,143,693 (“the ’693 patent”).
The IPKat
OCTOBER 2, 2023
Secret Kat The IPKat has learned that, after successfully launching in 2022, the Trade Secret IP Protection & Management EU conference is back for its second edition, expanding into a 2-day event to bring together experts from across the globe to address the most immediate industry challenges facing trade secrets. Taking place in Brussels on 14-15 November 2023, the programme features leading industry insights from several senior private practice professionals and industry representatives li
JD Supra Law
OCTOBER 2, 2023
Over the past few years the drumbeat regarding the cost of healthcare in general and drugs in particular has steadily mounted (see "Faux-Populist Patent Fantasies from The New York Times"). Patents are often (and quite wrongly) blamed for the purported high costs, despite the crucial role patents play in spurring innovation; indeed, some advocates have been accused of skewing their statistics to make their arguments appear plausible.
IP Watchdog
OCTOBER 2, 2023
This week in Washington IP news, Congress starts a two-week district work period, but there are still several interesting events taking place in the nation’s capital. The U.S. Patent and Trademark Office (USPTO) is holding an event on anticounterfeiting and anti-piracy strategies, as well as a discussion on how to enforce IP rights in Mexico. Elsewhere, New America is digging into the federal government’s efforts to spur domestic development in emerging technology.
JD Supra Law
OCTOBER 2, 2023
On September 12, 2023, the U.S. Court of Appeals for the Federal Circuit (the “Federal Circuit”) affirmed a 2021 decision by Judge Sabraw of the U.S. District Court for the Southern District of California (the “District Court”) granting our client, Domino’s Pizza (“Domino’s”), $2.7 million in attorneys’ fees from Ameranth Inc., arising from a menu patent suit brought by Ameranth against Domino’s.
IP Law 360
OCTOBER 2, 2023
The U.S. Supreme Court refused Monday to weigh in on which invalidity issues patent challengers can raise in court following an inter partes review, rejecting a case where YellowPages.com operator Thryv said the Federal Circuit has foreclosed too many arguments.
JD Supra Law
OCTOBER 2, 2023
With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. This article seeks to briefly cover what in the cannabis industry can and cannot be federally trademarked and where the laws are heading.
LexBlog IP
OCTOBER 2, 2023
The FTC took action against three New England-based clothing accessories companies (Chaucer Accessories and related entities) and their owner, Thomas Bates, for falsely claiming that their products were “Made in USA,” “Hand Crafted in USA,” or “Made in USA with Global Materials,” when in fact the products were barely assembled in the United States or contained materials from foreign countries.
JD Supra Law
OCTOBER 2, 2023
The United States Patent and Trademark Office (USPTO) recently issued a bulletin on the New Madrid Protocol webpages for international trademark applicants (govdelivery.com).
LexBlog IP
OCTOBER 2, 2023
Denial of Motion to Dismiss and Motion for Preliminary Injunction in Chambers of Commerce case On Friday, September 29, the court in Dayton Area Chamber of Commerce et al. v. Becerra et al. (S.D. Ohio, Judge Newman) issued the first substantive order addressing legal challenges to the Drug Price Negotiation Program of the Inflation Reduction Act. The plaintiffs in the Chambers of Commerce case were the only plaintiffs among the various parties challenging the IRA to file a motion for a prelimina
JD Supra Law
OCTOBER 2, 2023
Summary - Allstate filed suit against two former insurance agents and another insurance agency for trade secret misappropriation under the federal Defend Trade Secrets Act (DTSA) and Massachusetts law. Allstate claimed that its former agents retained spreadsheets containing data about thousands of Allstate customers, including names, mailing addresses, phone numbers, email addresses, renewal dates, types of insurance policies and premiums paid by insurance customers.
IP Law 360
OCTOBER 2, 2023
A former lead Patent Trial and Appeal Board judge who previously worked at Arnold & Porter has joined Perkins Coie LLP's intellectual property practice as a partner in Denver, the firm announced Monday.
JD Supra Law
OCTOBER 2, 2023
In July, the United States Patent and Trademark Office announced several changes to the interim process for Director review of Patent Trial and Appeal Board decisions. Originally established shortly after the Supreme Court’s decision in U.S. v. Arthrex, 594 U.S. (2021), the interim process has been revised several times.
LexBlog IP
OCTOBER 2, 2023
With only two precedential IP decisions coming down from the Federal Circuit in the second half of September, pickings were a little slim for blogging. That said, the opinion in Baxalta v. Genentech ( 2022-1461 ) — drafted by Chief Judge Kimberly Moore and joined by Judges Raymond Clevenger and Raymond Chen — is an important one to cover since it demonstrates how the court interpreted and applied the Supreme Court’s recent enablement decision in Amgen v.
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