IP Law 360
MARCH 22, 2024
A California federal judge has kept alive a visual effects company's patent infringement claims alleging The Walt Disney Co. unlawfully used its technology to create iconic Marvel film characters, such as Thanos and the Hulk, but once again tossed its claims of copyright infringement.
TorrentFreak
MARCH 22, 2024
The Motion Picture Association’s interest in file-hosting platform DoodStream first came to light in a submission to the USTR in October 2022. The MPA described DoodStream as a video hosting service offering free storage and premium services including priority encoding and an ad-free experience. Videos uploaded to the platform were embedded on many other streaming sites, the MPA reported, and as a result, traffic was booming.
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IP Law 360
MARCH 22, 2024
Intel has asked Western District of Texas Judge Alan Albright to hold off on a damages retrial in a case where the Federal Circuit vacated a $1.5 billion chip patent verdict won by VLSI, saying the case should be held while VLSI appeals a decision invalidating the patent.
JD Supra Law
MARCH 22, 2024
In 2023, the Patent Trial and Appeal Board (PTAB) reversed examiners’ decisions in about 30% of appeals, and only in about 7% of appeals related to patent applications for business methods, which include financial technology (fintech) inventions. The PTAB appeal process for fintech patent applications is so challenging because of the very strict subject matter eligibility criteria applied to these inventions by the US Patent and Trademark Office (USPTO) and deference on appeal to the examiner’s.
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?
IP Law 360
MARCH 22, 2024
A California state judge has ruled that, after more than five years of litigation against the Kaiser Foundation, a pastor's small medical technology startup cannot "explain what was unique or secret about its conception for transmitting patient data" that was purportedly worth beyond $900 million.
JD Supra Law
MARCH 22, 2024
Google AdWords have long been used by businesses to ensure that their business listings feature on top of the Google search results when the users search for particular terms (which have been bought by a business from Google).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
MARCH 22, 2024
As discussed in our earlier post, Microsoft opened its motion to dismiss portions of the New York Times's OpenAI case pled against it with an extended analogy to the Betamax case. It argued that the Times was acting like the Motion Picture Association of America in crying wolf over the death of its industry in light of the development of a new technology.
IP Law 360
MARCH 22, 2024
Dexcom infringed a glucose monitor patent claim asserted by an Abbott Laboratories unit, but doesn't owe any damages, according to a Delaware federal jury Friday, which hung on another claim and cleared Dexcom of infringement on two others in the latest facet of a globe-spanning legal dispute between the companies.
JD Supra Law
MARCH 22, 2024
Starting March 22, 2024, patent correspondence may be electronically signing using DocuSign®, Acrobat® Sign, and similar third-party e-signature software. The new rule from the U.S. Patent and Trademark Office is aimed at making patent correspondence more convenient for users, as well as to reduce barriers of access and to better synchronize the USPTO’s processes with other patent offices.
IP Law 360
MARCH 22, 2024
A Delaware federal judge on Friday partially overturned a jury's verdict rejecting the government's potentially billion-dollar claim that Gilead Sciences Inc. infringed patents covering HIV drugs, ruling that the jury erred in finding that Gilead wasn't liable for direct infringement.
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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.
JD Supra Law
MARCH 22, 2024
You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely guarded secret—benefiting from trade secret protection potentially forever—at the constant risk that a competitor may legally reverse engineer or independently discover your invention.
IP Law 360
MARCH 22, 2024
Federal Circuit practitioners should have their eye on a precedential Fifth Circuit decision from earlier this month that provided new guidance on weighing factors used to analyze whether to transfer a case, in particular factors related to court congestion and convenience for witnesses.
JD Supra Law
MARCH 22, 2024
On March 13, 2024, Regeneron appealed the PTAB Board’s (“the Board”) recent Final Written Decisions (“FWDs”) that found claims of two Regeneron patents related to EYLEA® (aflibercept) unpatentable.
IP Law 360
MARCH 22, 2024
Salesforce.com Inc. waited too long to pursue sanctions against a prolific patent litigator who already voluntarily dismissed claims brought in a federal suit in Texas, U.S. District Judge Alan D. Albright has ruled, agreeing with a magistrate judge's report and recommendation to toss the sanctions bid.
JD Supra Law
MARCH 22, 2024
Earlier this month, I previewed a Federal Circuit oral argument in In re: California Expanded Metal Products Co., No. 2023-1140, where the district court vacated a jury award of a 12 percent royalty and denied a motion for an injunction, leaving the prevailing patentee without any relief.
IP Law 360
MARCH 22, 2024
A Georgia federal judge ended Edible Arrangements' trademark suit accusing 1-800-Flowers.com of bidding on and buying keywords related to Edible's products for search engine advertisements, finding the parties' prior settlement releasing 1-800-Flowers from similar conduct challenged by Edible in Connecticut federal court years ago barred its current action.
JD Supra Law
MARCH 22, 2024
On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for filing applications and renewing registrations. Similar fee increases have also been implemented for opposition and non-use cancellation proceedings, among other transactions.
IP Law 360
MARCH 22, 2024
A New York federal judge on Friday agreed to let a China-based businessman out on bail under strict conditions while he faces accusations of plotting to sell trade secrets concerning battery technology that were stolen from Tesla.
JD Supra Law
MARCH 22, 2024
In this patent infringement lawsuit, Cyntec Company, Ltd. filed a case against Chilisin Electronics Corp., claiming they infringed on specific claims of Cyntec's U.S. Patent Nos. 8,922,312 and 9,481,037 in violation of Patent Law. The district court initially ruled in favor of Cyntec, finding the asserted claims not obvious and later the jury determined that Chilisin did infringe on these claims, awarding full damages as requested by Cyntec.
IP Law 360
MARCH 22, 2024
A New York federal judge has thrown out trade dress claims that GeigTech brought against home lighting fixtures company Lutron, writing that "there is no evidence that Lutron wanted members of the consuming public to think that it was selling J. Geiger shades.
Olartemoure Blog
MARCH 22, 2024
On January 17th, 2024, Brand Finance presented its Global 500 2024 Report, highlighting the importance of trademarks as intangible assets of companies, allowing their owners to enhance their business value and potentially fuel renewed growth. Thus, it is demonstrated how the Apple trademark is the most valuable in the world with a 74% increase in its value, reaching $517 billion, attributed to its diversification strategy and ecosystem expansion.
IP Law 360
MARCH 22, 2024
Artists suing four companies that make or distribute software that creates images with text prompts urged a California federal court to keep their proposed class action alive, telling a judge who dismissed most of their copyright claims that their amended complaint withstands the defendants' arguments for dismissal.
Olartemoure Blog
MARCH 22, 2024
Circular 18 of 2024, issued by the National Commission for Medicine’s and Medical Devices Prices (NCMMDP), marks a significant shift in the methodology for regulating medicine prices outlined in Circular 03/2013. Here’s a concise breakdown of the key stages: = Relevant Market Definition: products with the same active pharmaceutical ingredient, strength, Pharmaceutical Dosage Form, and administration route are grouped into relevant markets. = Relevant Market Qualification: markets are
IP Law 360
MARCH 22, 2024
A businesswoman behind a small printing company is the latest litigant to head to the U.S. Supreme Court with complaints about the Federal Circuit's practice of issuing one-sentence Rule 36 orders.
Olartemoure Blog
MARCH 22, 2024
In 2023, the World Intellectual Property Organization (WIPO) witnessed a notable increase in cases related to domain names , with a total of 6,192 cases registered globally. The sectors with the highest number of domain name cases were: i) finance and banking; ii) biotechnology and pharmaceuticals ; iii) fashion ; and iv) commerce. Internationally renowned organizations such as Google, Meta, Lamborghini, Lego, Tata, and the Leonardo DiCaprio Foundation stood out for filing domain name applicatio
IP Law 360
MARCH 22, 2024
A man who works in the field of marketing and ad copywriting has asked the U.S. Supreme Court to overturn a $36 million sanctions order against him and several companies in a trademark case.
The TTABlog
MARCH 22, 2024
Charles Bertini won a battle with Apple, Inc. last year [ TTABlogged here] , but he lost this one. Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. abandoned the mark through nonuse. Bertini contended that the nonuse occurred "during a period of at least three years and six months after the date of the SOU, namely during November 11, 2011 - May 31, 2015.
IP Law 360
MARCH 22, 2024
A London-based biochemical company can not be allowed to escape across the pond with trade secrets related to using psilocybin as a mental health treatment, the University of Maryland, Baltimore, told a federal court, saying the company's minimum contacts with the state was its "months-long fraudulent scheme" to swipe intellectual property.
Patently-O
MARCH 22, 2024
This week USPTO Commissioner for Patents Vaishali Udupa issued a memorandum to all patent examiners entitled “ Resources for Examining Means-Plus-Function and Step-Plus-Function Claim Limitations (35 U.S.C. 112(f)).” The purpose of the memo is to remind examiners of the resources and guidance available when examining claims under 35 U.S.C. 112(f), commonly referred to as “means-plus-function” or “step-plus-function” claims.
IP Law 360
MARCH 22, 2024
The Trademark Trial and Appeal Board has denied a jazz musician's bid to cancel Apple Inc.'s trademark, rejecting his arguments that Apple abandoned the mark by not using it for entertainment services for at least three years.
TorrentFreak
MARCH 22, 2024
Pirate site blocking is one of the entertainment industry’s favorite enforcement tools. In recent years, it’s become a common practice in many countries around the world. In the Netherlands, it took over a decade for the first order to be approved. After detours through the Supreme Court and the EU Court of Justice, the final order was issued in 2020, targeting The Pirate Bay.
IP Law 360
MARCH 22, 2024
A North Carolina state judge has ruled that parts of a secret recording of a 2014 meeting between the state Department of Natural and Cultural Resources and the organization that discovered the pirate Blackbeard's sunken ship fall under attorney-client privilege and must be redacted as part of a contract dispute over footage and images of the ship.
IP Watchdog
MARCH 22, 2024
This week in Other Barks and Bites: the European Patent Office announces record patent application numbers for 2023; a French competition watchdog fines Google €250 million for several IP breaches related to AI; President Biden announces a deal granting $8.5 billion to Intel to expand its domestic production of advanced chips; and more.
IP Law 360
MARCH 22, 2024
A former DraftKings executive picked apart a trade secret suit brought against him in Massachusetts federal court by his ex-employer, saying it's an attempt to "torch his reputation" with questionable evidence that also demonstrates the company's practice of smearing employees who leave for better opportunities.
IP Law 360
MARCH 22, 2024
Teva Pharmaceuticals and Apotex have said the U.S. Supreme Court should reject a petition from Vanda Pharmaceuticals, which said the Federal Circuit "charted its own course" when it invalidated its sleep drug patents as obvious.
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