Fri.May 10, 2024

article thumbnail

BREAKING: Jury Says Microsoft Owes $242M For Infringing IPA Patent

IP Law 360

A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.

Patent 145
article thumbnail

Supreme Court: There’s No ‘Time Limit’ on Copyright Infringement Claims

TorrentFreak

In 1983, Sherman Nealy and Tony Butler founded Music Specialist Inc, an independent label that recorded just one album and a few tracks. The venture didn’t score any hits and it eventually dissolved after a few years. Nealy’s personal life was no major success either, as he spent time in prison from 1989 to 2008, and again from 2012 to 2015.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Supreme Court Decides Warner Chappell Music, Inc. v. Nealy

JD Supra Law

On May 9, 2024, the U.S. Supreme Court decided Warner Chappell Music, Inc. v. Nealy, No. 22-1078, holding that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement itself occurred.

Music 113
article thumbnail

Why the Supreme Court’s Latest Copyright Ruling May Be Short-Lived

Copyright Lately

The ink’s not even dry on Warner Chappell Music v. Nealy , yet the Court is already poised to make its new decision on copyright damages obsolete. Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in Warner Chappell Music, Inc. v. Nealy , ruling that, so long as a claim is timely filed, a copyright plaintiff is “entitled to damages, no matter when the infringement occurred.” Creative Cheers and Legal Uncertainties The Court’s decision was immediately c

Copyright 103
article thumbnail

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?

article thumbnail

Empowering Innovation: The Role of Intellectual Property in Technology Transfer

IP and Legal Filings

INTRODUCTION Technology transfer is a way for innovation. Its gained momentum with the advent of importance in R&D and patent registration. While facilitating technology transfer, it is significant to look at how IP rights play a role. It’s the first important step towards protecting owner’s rights and its lawful public use. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges.

article thumbnail

Retail Group Opposes $1B Arbitral Award Against Walgreens

IP Law 360

An advocacy group for the retail industry is backing Walgreens as it looks to set aside a nearly $1 billion arbitral award in a dispute with a COVID test maker, telling a Delaware federal judge that judicial intervention is warranted in this case.

98

More Trending

article thumbnail

E-Discovery Quarterly: Recent Rulings On Text Message Data

IP Law 360

Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

article thumbnail

[Video] AI Update: ELVIS Act Passes, SAG-AFTRA Agree with Record Labels. FTC Non-compete Ban Analyzed By Gordon Firemark and Tamera Bennett.

JD Supra Law

Music lawyer Tamera Bennett and TV lawyer Gordon Firemark discuss: Top Gun Doesn’t Infringe Copyright in the 1983 news article; The Elvis Act passed and signed into law in Tennessee to protect “voice” rights and fight AI generated name, image, likeness and voice content; The Generative AI Copyright Disclosure Act was introduced in Congress on April 9, 2024 to prohibit the use of unlicensed music to train AI; SAG-AFTRA and record companies reach a deal over using AI in recordings; Czech Courts.

Music 79
article thumbnail

Off The Bench: Ohtani Translator's Plea, NBA Star Tops Agent

IP Law 360

In this week's Off The Bench, Shohei Ohtani's ex-interpreter will plead guilty, an NBA star wins in his clash with the agent who sought to represent him, and a tennis player who was abused by her former coach is awarded $9 million.

97
article thumbnail

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

JD Supra Law

Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for unpaid commissions and unauthorized use of his name and likeness.

article thumbnail

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.

article thumbnail

reasonable consumers of ovulation test kits understand details of hormone signalling

43(B)log

La Rosa v. Abbott Laboratories, No. 22-CV-5435 (RER) (JRC), 2024 WL 2022297 (E.D.N.Y. May 7, 2024) Plaintiffs alleged that defendants’ at-home ovulation test kits were deceptive because they advertised “ovulation test kits” alongside the front-of-package statement “99% ACCURATE,” which conveyed that that the tests are 99% accurate at testing for ovulation, when in fact, the products detect a surge in luteinizing hormone (LH), and not actual ovulation.

article thumbnail

US FTC Continues Aggressive Scrutiny of Pharmaceutical Patents Listed in the Orange Book

JD Supra Law

On April 30, 2024, the US Federal Trade Commission (“FTC”) announced that it had sent “warning letters” to 10 branded pharmaceutical manufacturers, alleging that the companies had made “improper or inaccurate listing of patents” in the Food and Drug Administration’s (“FDA”) “Orange Book.”.

Patent 73
article thumbnail

JLM Couture Nears Settlement With Bridal Dress Designer

IP Law 360

Dressmaker JLM Couture told Delaware's bankruptcy court Friday it reached an agreement in principle with a bridal dress designer, who was sued by the company and had sought to convert its Chapter 11 case into a Chapter 7 liquidation.

Designs 52
article thumbnail

Court Cancels Injunction Hearings In Aflibercept BPCIA Litigation; Regeneron May Seek Temporary Restraining Orders

JD Supra Law

As we previously reported, the Judicial Panel on Multidistrict Litigation recently granted Regeneron Pharmaceutical’s (“Regeneron”) motion to establish a multi-district litigation (“MDL”) for its aflibercept BPCIA litigation.

article thumbnail

X Corp.'s Data Scraping Suit Stymied By Copyright Act

IP Law 360

A California federal judge has dismissed X Corp.'s suit accusing an Israeli company of mining and selling user data culled from its platform, noting that X's claims would allow it to block others from distributing publicly available user content and are preempted by the Copyright Act.

article thumbnail

Federal District Court To Rule on Plaintiffs’ Motion for Stay of FTC Non-Compete Ban and Preliminary Injunction Most Likely By July 3rd

JD Supra Law

The district court in the Northern District of Texas recently set the briefing schedule on Plaintiff Ryan’s Motion to Stay the FTC Non-Compete Ban and Preliminary Injunction.

73
article thumbnail

Fed. Circ. Backs ITC Decision Clearing Computer Gear Imports

IP Law 360

The Federal Circuit on Friday upheld the U.S. International Trade Commission's holding that CommScope, Hewlett Packard, Netgear and others didn't infringe Q3 Networking's computer gear patents with their imports of things like routers.

Patent 52
article thumbnail

The Legal Dance Off Over the “MJ” Trademark

JD Supra Law

Before we start the show, the casts of characters may drive you Off the Wall, so here’s a little primer to help you: Triumph International, Inc. (“Triumph”) is a merchandise licensing company for the estate of Michael Jackson.

article thumbnail

Densify, VMware Settle Patent Case After $85M Verdict

IP Law 360

Densify and the Dell spin-off VMware notified a Delaware federal judge on Friday that they had decided to settle a suit after VMware last year was ordered to pay nearly $85 million for infringing patents over new ways of designing virtual environments.

Patent 52
article thumbnail

[Audio] The Briefing: Brandy Melville Doubles Down Against Redbubble (Podcast)

JD Supra Law

Brandy Melville Doubles Down Against Redbubble The ongoing dispute between Brandy Melville and Redbubble over trademark and copyright infringement continues. Despite previous setbacks, Brandy Melville has filed a new lawsuit against Redbubble, alleging the sale of counterfeit products and copyright infringement. Scott Hervey and Jamie Lincenberg from Weintraub Tobin explore the history of the dispute, the claims made in the new complaint, and potential legal strategies moving forward.

article thumbnail

Pharma Cos., FDA Debate 'Same Drug' In Orphan Drug Case

IP Law 360

Two pharmaceutical companies and the U.S. Food and Drug Administration faced off in D.C. federal court Friday over allegations that the federal agency wrongly approved a treatment that rivals Jazz Pharma's narcolepsy drug despite Jazz's exclusivity rights under the Orphan Drug Act.

52
article thumbnail

Supreme Court Confirms Copyright Damages Can Extend Beyond Three-Year Statute of Limitations

JD Supra Law

In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner Chappell Music Inc. et al. v. Sherman Nealy et al., Case No. 22-1078 (May 9, 2024). The three-year statute of limitations in the Copyright Act does not bar copyright owners from recovering damages for infringement occurring more than three years ago if the lawsuit is filed.

article thumbnail

Patent Owners Face Risks In Amazon Program After Ruling

IP Law 360

The Federal Circuit ruled recently that a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state. The holding creates a risk for patent owners who may rethink using the program, attorneys told Law360.

Patent 52
article thumbnail

Noninfringement Defense Based on Prior Commercial Use Under 35 U.S.C. § 273 Must Be Timely and Expressly Pleaded

JD Supra Law

The district court in a patent infringement case granted plaintiff’s ex parte request to strike defendant’s prior use defense under 35 U.S.C. § 273. Because defendant failed to plead the defense and did not raise it until just prior to the final pretrial conference, the court struck the defense as untimely.

article thumbnail

VoIP-Pal.com Inc. Drops Patent Suit Against Huawei

IP Law 360

Patent litigation business VoIP-Pal.com Inc. has agreed to drop its case against Huawei Technologies Co. Ltd., a week after lawyers for the Chinese telecom giant failed to get patents asserted in the case invalidated on eligibility grounds in a Texas federal court.

Patent 52
article thumbnail

Federal Circuit Review - April 2024

JD Supra Law

Obviousness Analysis Does Not Consider Unclaimed Limitations - In Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals Usa, Inc., Appeal No. 22-1258, the Federal Circuit held that district court erred by adding unclaimed limitations to the claims in analyzing obviousness.

65
article thumbnail

Pipe dreams

Likelihood of Confusion

Popular Mechanics reports: “We were there first — by 10 years. Now I see a potential re-branding that could take years to complete,” says Universal Tube’s owner Ralph Girkins. “I’m not the kind of person who looks for lawsuits, but my business is being threatened by this situation.” We are the kind of people who […] The post Pipe dreams appeared first on LIKELIHOOD OF CONFUSION™.

article thumbnail

Navigating AI Integration: USPTO's New Guidance for Patent and Trademark Practices

JD Supra Law

The United States Patent and Trademark Office (USPTO) has issued a pivotal guidance document, effective April 11, on the use of Artificial Intelligence (AI) tools within patent and trademark practices. This guidance signals a significant advancement in the integration of this kind of technology in IP-related legal processes. It also underscores the USPTO’s commitment to both acknowledging the capabilities of AI and maintaining rigorous standards in the patent & trademark practice.

article thumbnail

1st Circ. Fast-Tracks DraftKings Noncompete Feud

IP Law 360

The First Circuit on Friday granted a former DraftKings executive's request to expedite his appeal of a Boston federal judge's ruling that blocked him from doing similar work in the U.S. for rival Fanatics.

52
article thumbnail

Windows Into The Future: New Horizons & Implications for the Copyrightability of AI-Generated Works

JD Supra Law

Can AI-generated works comprise copyrightable compilations? Is an LLM an assistive device for disabled authors? The U.S. Copyright Office grapples with these questions and more in a recent decision that provides a glimpse into where their policy may be headed.

article thumbnail

Pharmaceutical Cos. Can't Nix Parkinson's Drug Antitrust Suit

IP Law 360

A Delaware federal judge has issued a sealed order refusing to dismiss drugmakers Sage Chemical Inc. and TruPharma's antitrust suit accusing rival Supernus Pharmaceuticals and others of suppressing generic versions the Parkinson's treatment Apokyn.

52
article thumbnail

[Video] The Briefing: Brandy Melville Doubles Down Against Redbubble

JD Supra Law

Brandy Melville Doubles Down Against Redbubble The ongoing dispute between Brandy Melville and Redbubble over trademark and copyright infringement continues. Despite previous setbacks, Brandy Melville has filed a new lawsuit against Redbubble, alleging the sale of counterfeit products and copyright infringement. Scott Hervey and Jamie Lincenberg from Weintraub Tobin explore the history of the dispute, the claims made in the new complaint, and potential legal strategies moving forward.

article thumbnail

How Copyright Office AI Standards Depart From Precedent

IP Law 360

The U.S. Copyright Office's recent departure from decades of precedent for technology-assisted works, and express refusal to grant protection to artificial intelligence-assisted works, may change as the dust settles around ancillary copyright issues for AI currently pending in litigation, says Kristine Craig at Hanson Bridgett.

article thumbnail

Supreme Court Rules Copyright Claims Timeless with Timely Filing

JD Supra Law

On Thursday, May 9, the U.S. Supreme Court ruled that plaintiffs in copyright litigation no longer are bound by a three-year statute of limitations for bringing a claim to recover damages.

article thumbnail

Tobacco Wholesaler Must Post $1.4M Bond Pending IP Appeal

IP Law 360

A cigarette rolling paper wholesaler must post a more than $1.4 million bond while the company appeals its portion of a larger $2.3 million verdict for selling counterfeit papers, a Georgia federal judge ruled.

IP 52