Plagiarism Today
JANUARY 4, 2024
A law firm has filed a lawsuit against a competitor alleging copyright infringement over a copied brief, testing both ethical and legal norms. The post Law Firm Sues Competitor Over Copied Brief appeared first on Plagiarism Today.
Erik K Pelton
JANUARY 4, 2024
The following is an edited transcript of my video When Two Identical Brand Names Coexist People often have the mistaken impression that a trademark has to be completely unique in the universe. That would have a real limiting effect on the number of brands that are out there because Apple, for instance, is in the name for many businesses. There’s Apple the computer and iPhone maker, and Apple Records and many other businesses that have Apple in the name that are in different industries or f
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Plagiarism Today
JANUARY 4, 2024
Zayn Malik seeks dismissal of lawsuit, Italian government orders blockade of Anna's Archive and streaming music converter leaks user data. The post 3 Count: Leaky Data appeared first on Plagiarism Today.
Copyright Alliance
JANUARY 4, 2024
On January 3, we published part one of this blog series summarizing the biggest copyright-related AI activities that took place within the federal government. In today’s post, we pick back […] The post AI and Copyright in 2023: In the Courts appeared first on Copyright Alliance.
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?
JD Supra Law
JANUARY 4, 2024
What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks. By: Wolf, Greenfield & Sacks, P.C.
Patently-O
JANUARY 4, 2024
Hsuanyeh Law Group v. Winston & Strawn , 23-cv-11193 (S.D.N.Y. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attor
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
JANUARY 4, 2024
On December 27, less than one week before the National Hockey League’s (NHL) Seattle Kraken defeated the Vegas Golden Knights in the 2024 Winter Classic, a lawsuit was filed in the Western District of Washington against the Kraken. The lawsuit alleges that Seattle’s NHL franchise wore an infringing jersey during the Winter Classic, and has sold infringing merchandise, after shutting out the legitimate business interests of a passionate Seattle-area fan who revived that city’s championship legacy
TorrentFreak
JANUARY 4, 2024
While streaming piracy dominates in many parts of the world, quite a few Lithuanians prefer sharing content using BitTorrent instead. Private torrent tracker Linkomanija is often the top choice. The site has been around for two decades and has weathered many storms, including a high-profile lawsuit from Microsoft. The tracker’s users have also been called out repeatedly.
Velocity of Content
JANUARY 4, 2024
This piece originally appeared in Research Information. Re-published with permission. With the Retraction Watch database hitting almost 50,000 items and an ever-growing number of high-profile research misconduct cases , questions around the veracity of published research findings are becoming uncomfortably common. Verifying the accuracy of published research is a meticulous and rigorous process.
JD Supra Law
JANUARY 4, 2024
We have received several requests for a list of the compliance policies that make sense for every multinational company. So, as a follow-up to our earlier two posts providing “twelve steps to international compliance” (see here and here), we thought we would add Part III, covering the core compliance policies that we commonly see at multinational companies.
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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.
Cogency Global
JANUARY 4, 2024
What this is: This article highlights 11 common errors on UCC financing statements and how to avoid them, emphasizing the critical importance of accuracy in the debtor's name and other key details. What this means: Understanding the detailed requirements outlined in this article is crucial for anyone involved in preparing UCC financing statements. Mistakes can lead to rejections or could cause a UCC filing to be deemed seriously misleading and ineffective by a court, jeopardizing the lender's se
IP and Legal Filings
JANUARY 4, 2024
Introduction India’s Startup India Action Plan 2016 was a government initiative that provided all the required financial assistance, including tax breaks, to promote innovation and entrepreneurship in the country. Nascent companies generally face challenges such as increased costs, limited financing, and severe competition in the market. Hence, significant inducements are provided to entrepreneurs, such as exemption from income tax for three years, which will acknowledge their initial challenge
Technology & Marketing Law Blog
JANUARY 4, 2024
This is a SAD Scheme case. The plaintiff, Jiangsu Huari Webbing Leather, owns U.S. Patent No. 11,478,673 for an outdoor exercise product (“a rectangular-shaped buckle-and-belt mechanism, embodied in a Hanging Exercise Product that is sold online”). The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes.
JD Supra Law
JANUARY 4, 2024
Litigators in the life sciences field are no doubt familiar with the so-called “artificial” act of infringement established by 35 U.S.C. § 271(e)(2)(A)-(B): namely, that a party can be sued for patent infringement by merely filing an Abbreviated New Drug Application (“ANDA”) for a generic drug or a Biologics License Application (“BLA”) for a biosimilar drug.
Nelligan Law
JANUARY 4, 2024
Reading Time: 3 minutes If you are one of the many people who got engaged over the holidays, a new year brings with it new beginnings. Marriage is exciting and should be one of the happiest times in life. The reality is, however, that marriage brings a lot of financial responsibility to your partner. Many people don’t think about those realities when they “pop the question” or “say yes.
JD Supra Law
JANUARY 4, 2024
In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law. The ruling concludes a series of appeals from Dr Stephen Thaler and his collaborators, who argued that an AI system called ‘DABUS’ should be named as the inventor of two new inventions generated autonomously by it relating to food and beverage packaging and light beacons.
Kluwer Copyright Blog
JANUARY 4, 2024
Photo by Markus Spiske on Unsplash Dear readers, Happy new year! Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. The end of the year was busy for both the courts and the policy makers. This round up series includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.
JD Supra Law
JANUARY 4, 2024
Clients sometimes ask intellectual property (IP) lawyers how they can patent or copyright their ideas and make money off them. The short answer is: you probably can’t. Neither patent law nor copyright law protects ideas per se.
IP Law 360
JANUARY 4, 2024
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
JD Supra Law
JANUARY 4, 2024
As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. It misses you! Here are a few productive questions to ask: 1. Do your registrations cover your reality? You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO.
SpicyIP
JANUARY 4, 2024
[ This post is co-authored by SpicyIP Intern Pranav Aggarwal, Praharsh and Swaraj. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here.] Image from here On December 19, 2023 the High Court at Calcutta published the draft IPR Division Rules of High Court at Calcutta, 2023 (“Calcutta Rules” or “Rules”) , making it the third
JD Supra Law
JANUARY 4, 2024
2024 is upon us and it’s going to be another busy year for intellectual property law. In this episode of IP Talk with Wolf Greenfield, you’ll hear Wolf Greenfield attorneys from a variety of practice areas offering their insights on what to expect in the months ahead. Here are some of the highlights. 01:06 - Jeff Hsi commented on the impact the Amgen v.
IP Law 360
JANUARY 4, 2024
A California electronics company has agreed to drop a suit accusing Jones Soda of ripping off patented augmented reality technology to promote its soda after the parties reached an out-of-court settlement, according to a joint filing in Washington federal court on Thursday.
JD Supra Law
JANUARY 4, 2024
The U.S. Court of Appeals for the Fifth Circuit recently issued a writ of mandamus transferring a case from the Western District of Texas—a commonly chosen jurisdiction for patent infringement lawsuits—to the Northern District of California. This analysis examines the Fifth Circuit’s decision and explores its potential impact on forthcoming litigation, especially patent infringement actions involving source code.
IP Watchdog
JANUARY 4, 2024
Looking back over the final few weeks of 2023, patent filings were typical at the Patent Trial and Appeal Board (PTAB) and slightly above average in district courts, with the last weeks of the year seeing 68 district court complaints filed and 25 new PTAB petitions [December 11-17]; followed by 57 district court complaints filed and 29 new PTAB petitions [December 18-24]; and wrapped up with 24 district court complaints filed and 13 new PTAB petitions [December 25-31].
JD Supra Law
JANUARY 4, 2024
The VIA Art Fund opposition and appeal decisions provide an important reminder for those seeking to enforce registered trade mark rights in the UK. While incorporating a figurative element to a descriptive mark can enhance its distinctiveness and registrability, it does not provide exclusive rights over the descriptive elements of the mark. This is vital for businesses to consider as part of their branding strategies and trade mark protection efforts.
IP Watchdog
JANUARY 4, 2024
On December 8, 2023, provisional agreement was reached between the European Union (EU) Parliament and the EU Council on the basic content of the new AI Regulation (the “AI Act”) to be implemented as legislation in the EU. The text is still not publicly available as it is subject to certain further refinement over the coming weeks. However, there is information available in the public domain (including press releases issued by the European Union) as to the likely format of the AI Act.
JD Supra Law
JANUARY 4, 2024
The Federal Circuit provided its latest guidance with respect to prosecution disclaimer in K-fee System GMBH v. Nespresso USA, Inc., 2023 WL 8882383, — F.4th — (Fed. Cir. Dec. 26, 2023). K-fee involved patents covering coffee-machine portion capsules that used a “barcode” to “prevent the capsules from being used in incompatible machines.” .
The IPKat
JANUARY 4, 2024
New year, new IP opportunities and events The new year has just begun but there are already several news items, unfortunately including some sad ones, to report. Have a look below. Katnews We have two major news items we wish to share with our readers, one concerning the Team and the other a(nother) welcome accolade for The IPKat. IPKat Team Over the past several months, The IPKat Team has greatly benefitted from the work and support of InternKats Chiara Gallo and Aleksandra Czubek and GuestKat
JD Supra Law
JANUARY 4, 2024
A proposed bill in Congress aims to regulate the creation and use of digital replicas of human beings. The draft bill is called The Nurture Originals, Foster Art, and Keep Entertainment Safe Act, (“NO FAKES Act”). It was sponsored by Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC).
Managing IP
JANUARY 4, 2024
In-house counsel say they face conflict and quality issues from IP firms owned by listed companies in Australia and are veering towards independent outfits for advice
JD Supra Law
JANUARY 4, 2024
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness-type double patenting rejection, finding that an unexpected mechanism of action does not render the known use of a known compound nonobvious. In re: Institut Pasteur, Case No. 22-1896 (Fed. Cir. Dec. 13, 2023) (Taranto, Clevenger, Stoll, JJ.) (nonprecedential).
LexBlog IP
JANUARY 4, 2024
Following the Supreme Court’s Amgen decision last summer, [1] the Federal Circuit has affirmed the invalidity of yet another functionally-defined antibody patent for lack of enablement in Baxalta Inc. v. Genentech, Inc. , 81 F.4th 1362 (Fed. Cir. 2023) (mem.).
JD Supra Law
JANUARY 4, 2024
The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s claim construction and related summary judgment rulings after determining that the district court erred in construing a claim term by improperly limiting the plain and ordinary meaning of the term. K-fee System GmbH v. Nespresso USA, Inc., Case No. 22-2042 (Fed.
IP Law 360
JANUARY 4, 2024
Sonos Inc. urged a California federal judge on Thursday to toss the last remaining patent in Google's infringement suit against the speaker maker, the latest battle in an extensive legal war over wireless audio technology.
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