Fri.Jun 07, 2024

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The Biotechnology Revolution: The Impact of the New WIPO Treaty on Genetic Resources

IP Watchdog

After 25 years of negotiations, representatives from various countries gathered at a diplomatic conference in Geneva, Switzerland, from May 13 to 24, 2024, resulting in the approval of this historic treaty. The main change brought by the treaty is the mandatory disclosure of the origin of genetic resources and associated traditional knowledge in patent applications.

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You’ve got mail: new (sort of) automated analysis of goods and services for Nice Classification for upcoming trademark registration renewals in Canada

JD Supra Law

Last week, the Canadian Trademarks Office began issuing “pre-assessment letters” for certain trademark registrations which have never been classified under the Nice Classification system. The Nice Classification system was adopted in Canada on June 17, 2019. Since then, unclassified trademark registrations (which are registrations that issued before June 17, 2019), must be classified prior to their renewal.

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BREIN Pulled 610 Pirate Sites and Services Offline Last Year

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. The group’s actions regularly make it into our headlines, but there is also a lot of work carried out behind the scenes. BREIN has just published its latest annual report, providing insights into the priorities of the organization and the progress being made.

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Is NO FAKES i the Answer to Avoid Fake Out? ii

JD Supra Law

The impersonation of celebrity voices is nothing new. Almost 40 years ago, Bette Midler successfully sued Ford Motor Company when it used an impersonation of her voice in a car commercial. Singer Tom Waits also won a similar case against Frito-Lay, Inc. and Tracy-Locke, Inc. for impersonating his voice in a commercial. In both of those cases, the companies had found soundalike voice actors to copy the sound of the well-known artists.

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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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DoodStream’s ‘Proprietors’ Struggle to Comply With Hollywood Injunction

TorrentFreak

The USTR’s ‘notorious markets’ report is one of the more powerful tools available to rightsholders aiming to tackle infringement orchestrated from overseas. When Hollywood first submitted cyberlocker platform DoodStream for consideration in 2022, its framing was not dissimilar to that used to shape perceptions of Megaupload. Front and center, a cash incentive scheme that rewards DoodStream’s users based on the popularity of ‘their’ videos.

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Patent Poetry: Understanding the Dawn Donut Rule for Trademarks

JD Supra Law

In trademark law, the general rule is that, where two parties seek to use the same trademark in the same geographic area, the earlier (“senior”) user has rights superior to those of a subsequent (“junior”) user.

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Navigating Social Media Discovery and Generative AI in the OpenAI ChatGPT Litigation

JD Supra Law

Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI.

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The Consensus for Conditional Approval of The MLC, Inc. by the @CopyrightOffice

The Trichordist

The best fix for songwriters is to condition the MLC’s redesignation on cleaning up their act.

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Understanding the Basics: What are Trademarks and Service Marks?

JD Supra Law

In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its reputation and credibility among members and the public. They help to attract and retain members, sponsors, and partners. A well-designed mark can communicate an association’s values, quality, and reliability.

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Loopholes of ADR in India.

IP and Legal Filings

Introduction You may be surprised to hear that courts in many nations only resolve only 5-6% of cases. That is a really startling statistic, and most disagreements are valid, even while it is true that some are dropped because they are not important enough to require court attention. Why could the parties to a disagreement decide against going through the conventional legal process when there are often significant interests and money at stake in these cases?

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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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Federal Circuit Upholds Rifaximin Patent Rulings, Affirms ANDA Approval Restrictions

JD Supra Law

In Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals, Inc. 2023-1952 (Fed. Cir. April 11, 2024), this case involves appellate review of a district court’s findings regarding patent obviousness and infringement in Hatch-Waxman litigation. Specifically, the Federal Circuit reviewed the lower court’s obviousness analysis for dosage regimen and polymorph patent claims, as well as its interpretation of ANDA approval resetting provisions.

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Other Barks & Bites for Friday, June 7: Class Action Lawsuit Accusing Google of Copyright Infringement Dismissed; the WHO Releases Report on Health, Innovation and IP; EU Court Bans McDonald’s from using Big Mac Mark for Chicken Sandwiches

IP Watchdog

This week in Other Barks and Bites: a California district court dismisses a class action copyright lawsuit against Google; an AI lobby group launches a campaign to defend AI against copyright lawsuits; and the National Academy of Inventors announces top 100 universities for granted utility patents.

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Damages Experts: Has the Federal Circuit Lowered the Admissibility Standard?

JD Supra Law

Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical negotiation is to determine a reasonable royalty upon which both parties would have agreed.

Patent 68
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Pedicure Chair Co. Settles Patent Suits With Nail Salon, Seller

IP Law 360

A company that sells pedicure chairs has reached settlements in litigation accusing a North Carolina nail salon and a Texas spa furniture retailer of using and selling chairs that infringe its patent.

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[Webinar] Navigating Trade Secrets Under the FTC’s Non-Compete Ban - June 12th, 1:00 pm - 2:00 pm EDT

JD Supra Law

The Federal Trade Commission (FTC) recently issued a Final Rule that invalidates non-compete clauses in standard employment agreements. This new regulation, with some limited exceptions, imposes a nationwide and retroactive ban on non-compete clauses. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact

IP Law 360

When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.

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Key Employment Issues for Founders

JD Supra Law

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are at-will employees who can be terminated (or can quit) for any or no reason. They may have an offer letter but no employment agreement.

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Purdue Keeps $32.5M Semiconductor Patent Trial Win

IP Law 360

U.S. District Judge Alan Albright entered final judgment Thursday affirming a Texas federal jury's finding that microchip maker STMicroelectronics owes the trustees of Purdue University $32.5 million for infringing a semiconductor patent, rejecting the chipmaker's argument that Purdue engaged in inequitable conduct by allegedly hiding prior art.

Patent 59
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Federal Circuit Review | May 2024

JD Supra Law

Infringement Judgement is Only Final when there’s Nothing Left to Do but Execute - In Packet Intelligence LLC v. Netscout Systems, Inc., Appeal No. 22-2064, the Federal Circuit held that 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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Sony Gets PTAB To Knock Out Video Chip Patent On Remand

IP Law 360

Following a Federal Circuit remand, patent board judges have changed their position on arguments from Sony to wipe out a patent covering ideas developed by a defunct Silicon Valley chipmaker that would eventually be asserted in a suit almost two decades later targeting a PlayStation video game streaming service.

Patent 59
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FDLI’s Top Cases 2024 Featuring Partner Andrew Wasson

JD Supra Law

Partner Andrew Wasson contributed a chapter to the Food & Drug Law Institute’s annual publication identifying the top food and drug cases of the year. Andrew’s chapter relates to the Supreme Court case, Amgen v. Sanofi, 598 U.S. 594, 143 S. Ct. 1243 (2023).This publication is shared with the permission of FDLI.

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Jury Tells Computer Co. Acer To Pay $10.3M Over Patent Suit

IP Law 360

A Texas federal jury has found Thursday that SVV Technology Innovations Inc. is owed $10.3 million by Taiwan's Acer Inc. for infringing patents covering an optical film.

Patent 59
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Your Kid as a Collectible: NIL in the Youth Sports Space

JD Supra Law

Discussions around name, image and likeness (NIL) rights have largely revolved around the rights of college athletes to profit from the use of their NIL. As the profitability of these NIL deals continues to climb, advertisers and sports-adjacent organizations have begun to expand to other levels of sports.

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Controller of Patents has the power to condone delay in filing responses to Examination Report – Madras High Court.

Selvam & Selvam Blog

In a recent ruling dated April 4, 2024, the Madras High Court addressed a significant issue regarding the procedural timelines in patent filings. The appellant, claimed to have invented a system and method for converting waste materials into reusable oil products. He filed a patent application on August 5, 2021. On March 28, 2022, a request for examination was filed.

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[Video] The Briefing: Another Court Gets It Right in Tattoo Copyright Dispute

JD Supra Law

The recent decision on Hayden vs. 2K Games is a big win for video game publishers. Dive into the fascinating world of copyright disputes over tattoos in video games. Scott Hervey and Jamie Lincenberg from Weintraub Tobin discuss how this case compares to past decisions and what it means for athletes, celebrities, and the video game industry on the latest episode of “The Briefing”.

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IDPPPA ok?

Likelihood of Confusion

That’s the Innovative Design Protection and Piracy Prevention Act, back up for another shot at the big leagues. We need more laws right? And just like last year, Susan Scafidi, the original to-die-for fashion-IP blogger, is in favor. And though I haven’t heard from her lately on this, I’m guessing Staci Riordan is still fairly, […] The post IDPPPA ok?

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SCOTUS: Damages for copyright infringement not limited to three years for timely claims

JD Supra Law

Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court ended the dispute in Warner Chappell Music, Inc v. Nealy and held a copyright plaintiff may recover all damages flowing from a timely filed infringement claim, even if the infringement occurred more than three years before suit.

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Parking Lot Tech Co. Wants Rival To Hit The Brakes

IP Law 360

A Texas company that develops parking enforcement technology is suing a competitor in Colorado federal court, claiming the rival is infringing three of its patents that cover the use of a camera to track vehicles entering and exiting lots, automated fees, and ticketing.

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Federal Circuit Affirms Invalidation of Patents Manipulating Medical Imaging Data as Abstract

JD Supra Law

The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and using computers to collect, manipulate, and display the data,” and the amended complaint failed to plausibly allege that creating “virtual views” on the fly involved unconventional technology or a concrete application that would transform the abstract idea to significantly more.

Patent 63
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11th Circ. Urged To Undo Exclusion Of $80M Asset Valuation

IP Law 360

A trustee for creditors of ATIF Inc. told the Eleventh Circuit on Friday that a trial judge erred in excluding an expert's $80 million valuation of the bankrupt title insurance underwriter's 2015 transfer of assets to Old Republic National Title Insurance Co.

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Federal Circuit Overhauls Test for Assessing Design Patent Obviousness

JD Supra Law

In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a design patent is considered obvious in view of prior art. This decision represents a pivotal change in design patent law, leaving many unanswered questions and requiring strategic adjustments to navigate the new and uncertain landscape effectively.

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DC Circ. Undoes Library Of Congress Win In Fair Use Fight

IP Law 360

The D.C. Circuit on Friday reversed a lower court's decision that had rejected two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law.

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Unenforceable Upon Issuance: The Patent Danger Posed by Errors in a Terminal Disclaimer

JD Supra Law

A recent case in the Western District of Oklahoma shines a spotlight on the patent danger posed by errors in a terminal disclaimer. In this case, a typographical error in the filed terminal disclaimer rendered an ensuing patent “unenforceable upon issuance,” thereby causing the related patent infringement claims to be dismissed.

Patent 58
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Susman Attys Can Exit IP Suit Amid Arigna's Row With Funder

IP Law 360

New York boutique firm Susman Godfrey LLP has persuaded a D.C. federal judge to let the firm out of having to represent patent litigation business Arigna Technology Ltd. following a breakdown in the firm's arrangement with the business's litigation funder.

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R.I.P. Mr. Rosen: Federal Circuit Upends Longstanding Design Patent Obviousness Test

JD Supra Law

Upending decades of continuity in the world of design patents, the United States Court of Appeals for the Federal Circuit (“CAFC”), sitting en banc in LKQ Corporation v. GM Global Technology Operations LLC, overturned the Rosen/Durling standard for obviousness of design patents, originally set forth in In re Rosen, 673 F.2d 388, 391 (C.C.P.A. 1982) and further refined in Durling v.