Wed.May 29, 2024

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Australian Business Accused of Plagiarizing a Whole Store

Plagiarism Today

An Australian business has sparked an unusual plagiarism controversy. It's accused of copying a store that's just a short walk away. The post Australian Business Accused of Plagiarizing a Whole Store appeared first on Plagiarism Today.

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Former USPTO Officials Urge Vidal to Immediately Withdraw NPRM on Terminal Disclaimers

IP Watchdog

On May 28, a group of five former Directors, Deputy Directors and Patent Commissioners at the U.S. Patent and Trademark Office (USPTO) sent a letter addressed to current USPTO Director Kathi Vidal in opposition to a rule package on terminal disclaimer practice proposed earlier this month. This group of highly-ranking former government officials join a growing chorus of voices who are concerned by the apparent overreach of the nation’s patent granting agency into substantive rulemaking that would

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3 Count: Escape Routes

Plagiarism Today

Cox files a new appeal in their case against record labels, Serie A sues Cloudflare over pirate sites, and Senator pushes for AI copyright exemptions. The post 3 Count: Escape Routes appeared first on Plagiarism Today.

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Playing Music Makes Me A Better Lawyer

IP Law 360

My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

Music 95
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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?

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‘Mastermind’ Arrested After Pirate Site ‘Ads’ Were Painted on 630-Yr-Old Palace

TorrentFreak

In today’s throwaway society, there can be a tendency to undervalue. Expensive smartphones are carelessly dropped and replaced, while an intermittent fault is seen as an excuse to buy better TV, rather than as a signal to check the batteries first. Yet, things that have true worth, due to their history and other intangible qualities, are not so easily replaced.

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New Colo. Law Targets AI Deepfakes In Political Ads

IP Law 360

Colorado Gov. Jared Polis has signed a bill that aims to crack down on the malicious use of artificial intelligence for producing political messaging.

Law 103

More Trending

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"A S LIVE FOREVER" Fails-to-Function as a Service Mark for Online Retail Store Services, Says TTAB

The TTABlog

Last year, the Board affirmed a refusal to register the proposed mark A S LIVE FOREVER , in the stylized form shown below, for various goods in 14 classes, finding that the phrase fails to function as a trademark. [ TTABlogged here ]. The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing

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Canadian Drug Importation May Undermine Intellectual Property Protection

JD Supra Law

The Situation: Earlier this year, Florida became the first state to receive authorization for its Section 804 Importation Program ("SIP") from the U.S. Food and Drug Administration ("FDA"). This initial step toward the legal importation of certain prescription drugs from Canada is the first of its kind, and legal challenges are likely.

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Outline of scientific paper insufficient to confer originality

The IPKat

The notion of originality is key to copyright law. Our readers might be well aware of this [ IPKat here , here or here ]. It is therefore interesting and useful to know what can constitute a free and creative choice for each type of work that may be created. This time, this Kat found a recent decision issued by the Tribunal judiciaire (TJ) of Rennes concerning the alleged infringement of copyright in a scientific paper.

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XZ Utils Supply Chain Attack Sheds Light on Vulnerabilities in Widely Adopted Open Source System

JD Supra Law

In a reminder that open source products can carry significant risks beyond intellectual property, a vulnerability in a compression tool commonly used by developers has triggered widespread concerns.

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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.

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Verizon Urges Court Not To Postpone VoIP-Pal Patent Trial

IP Law 360

Verizon is fighting a bid by patent litigation company VoIP-Pal.com to get U.S. District Judge Alan Albright to delay sending the Texas federal suit against the telecom giant to a jury, amid a feud over getting a "do-over" on VoIP-Pal's $5 billion damages request.

Patent 59
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Anti-Obesity Medications: Noteworthy Developments as Policymakers Weigh Coverage Considerations

JD Supra Law

Key Points - GLP-1 agonists have ushered in a new era in anti-obesity medication policy considerations against the backdrop of a continued focus by policymakers on both drug access and pricing. CMS has taken steps to clarify the current Medicare coverage but is working within statutory constraints that go back to the enactment of the Medicare Modernization Act of 2003.

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Chicago IP Firm Accused Of Botching Fetal Biotech Patent

IP Law 360

A company that makes technology that can detect fetal asphyxia and distress has alleged in Illinois state court that Chicago law firm Fitch Even Tabin & Flannery LLP cost it millions when it registered the company's patents under one of its former employees, who then used its intellectual property to launch a competing company.

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Latest Federal Court Cases - May 2024 #4

JD Supra Law

LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348 (Fed. Cir. May 21, 2024) - In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to evaluate the obviousness of design patents. The Court created a new standard relying on principles adapted from utility patent jurisprudence.

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Google Rips Sonos Bid To Revive $32M Patent Verdict

IP Law 360

Google is urging the Federal Circuit to reject Sonos' claim that a California federal court endangered thousands of patents when it threw out a jury's $32.5 million infringement verdict in the smart speaker maker's favor, with the tech giant arguing that Sonos is not entitled to patent protection for audio features that the company waited years to disclose.

Patent 59
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Legal Lens on the Unified Patent Court - May 2024

JD Supra Law

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed. And with an on-the-ground team in Germany, France, the United Kingdom and the United States, we offer a unique cross-border perspective.

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2nd. Circ. Casts Off 'Now-Casting' Trademark Claims

IP Law 360

The Second Circuit has prevented Economic Alchemy LLC from reviving its trademark claims against the Federal Reserve and others over the use of the term "Now-Casting.

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New IDS Requirement In USPTO Fee-Setting Proposal

JD Supra Law

The U.S. Patent and Trademark Office’s (USPTO’s) proposed rulemaking that focuses on “fee adjustments” for 2025 includes a trap for the unwary related to Information Disclosure Statements (IDSs) that could complicate compliance with the Duty of Disclosure. If adopted, practitioners may want to update their IDS forms but still will have to take care when submitting IDSs to ensure compliance with the new requirements.

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Women are 7 of the Top 10 Most Prolific Inventors in 2023, According to the Latest Data

IP Close Up

Seven of the top 10 most prolific inventors for 2023 are women according to grants issued by the U.S.

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NIH Seeks Comments on Patient Access Plan Requirements in Patent License Agreements

JD Supra Law

The Situation: The National Institutes of Health ("NIH") proposed a new policy requiring entities that receive licenses from the NIH to certain taxpayer-funded inventions to submit Access Plans for ensuring broader patient access to the products embodying such inventions.

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Navigating the Essentials of Trademark User Affidavits for Successful Registration

Intepat

Registering a trademark involves navigating various procedures and submitting several documents to the Trademark Registry. Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future us

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Mylan Pharms. Inc. v. Bayer Intellectual Property GmbH, C.A. - Xarelto® (Rivaroxaban)

JD Supra Law

Case Name: Mylan Pharms. Inc. v. Bayer Intellectual Property GmbH, C.A. No. 23-556-RGA, 2024 WL 359468 (D. Del. Jan. 31, 2024) (Hatcher, M.J.) - Drug Product and Patent(s)-in-Suit: Xarelto® (rivaroxaban); U.S. Patents Nos. 7,157,456 (“the ’456 patent”), 9,415,053 (“the ’053 patent”), and 10,828,310 (“the ’310 patent”).

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Scientology pushed back on copyright

Likelihood of Confusion

Scientology seems to do a lot better with the Internal Revenue Code than with the Copyright Act: A Colorado nonprofit group has won a critical round in a legal fight against the Church of Scientology, raising questions about whether Scientology has a legal right to keep hundreds of documents offline and out of the public […] The post Scientology pushed back on copyright appeared first on LIKELIHOOD OF CONFUSION™.

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Destiny developer obtains first of its kind jury verdict against hackers

JD Supra Law

In January, Jake Lee and I wrote an article about the merits of using 17 U.S.C. § 1201 to sue video game hack developers. Importantly, § 1201 can be asserted separately from traditional copyright infringement under 17 U.S.C. §§ 106 and 501. In our article, we mentioned multiple lawsuits that had been filed, but also lamented that “none of these cases have.

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PTAB Invalidates More Of Sisvel Data Patent On Remand

IP Law 360

The Patent Trial and Appeal Board has trimmed more of a Sisvel International SA data transmission patent on remand from the Federal Circuit, but left one of the patent claims in play.

Patent 52
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Are Attorneys Fees Recoverable When Suing on Trade Secret Claims?

JD Supra Law

Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case.

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4th Circ. Rejects Atty Fee Bid In Fight Over Ted Nugent Photo

IP Law 360

The Fourth Circuit has denied a photographer's application for attorney fees after Bricker Graydon LLP helped him secure a favorable ruling in his legal battle over a news website's allegedly unauthorized use of a Ted Nugent photo he took in an article titled, "15 Signs Your Daddy Was A Conservative.

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Unclean Hands and Inequitable Conduct: Dishonesty Is Not the Best Policy

JD Supra Law

Before Reyna, Hughes, and Stark. Appeal from the Western District of Louisiana. Summary: The district court correctly found unclean hands, but erred by finding no inequitable conduct without addressing the collective weight of the evidence of prosecution misconduct.

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Pool Co. Can't Avoid, Delay Paying $16M False Ad Verdict

IP Law 360

A North Carolina federal judge has cleared the way for an American swimming pool parts supplier to go after a $16 million judgment from its Chinese rival for false advertising and unfair business practices following a weeklong jury trial earlier this year.

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Infringement Judgement Is Only Final When There’s Nothing Left to Do but Execute

JD Supra Law

Before Lourie, Hughes, and Stark. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: An infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if the litigation has moved to a stage that leaves nothing for the court to do but execute the judgment.

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Wilson Sonsini Adds 2 Attys in Salt Lake City From Kirkland

IP Law 360

Wilson Sonsini Goodrich & Rosati PC has continued to expand its growing, three-year-old Salt Lake City, Utah, office with the recent addition of two experienced litigators who moved their practices from Kirkland & Ellis.

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USPTO Issues Updated Examination Guidance After Federal Circuit Overhauls Test for Design Patent Obviousness

JD Supra Law

The United States Patent and Trademark Office (USPTO) has issued a Memorandum to the Corps of Patent Examiners (the “Guidance”), attempting to provide clarity in the wake of the Federal Circuit’s highly anticipated en banc opinion in LKQ v. GM (the “Opinion”).

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Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty

IP Law 360

The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

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Fresenius Kabi Announces FDA Acceptance of aBLA for Prolia® / Xgeva® (denosumab) Biosimilar Candidate FKS518

JD Supra Law

On May 27, 2024, Fresenius Kabi announced the FDA acceptance of its aBLA for FKS518 (denosumab), a proposed biosimilar of Amgen’s Prolia® / Xgeva® (denosumab). .

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Greenberg Traurig Adds IP Atty From Eversheds Sutherland

IP Law 360

Greenberg Traurig LLP has bolstered its California bench of attorneys with an Eversheds Sutherland lawyer who has years of experience advising digital health and medical device companies on intellectual property issues.