Plagiarism Today
MARCH 7, 2024
Microsoft seeks dismissal of New York Times lawsuit, Spanish IPTV operators fined and study claims anti-piracy warnings are ineffective. The post 3 Count: Ignored Warnings appeared first on Plagiarism Today.
JD Supra Law
MARCH 7, 2024
MHL Custom took legal action against Waydoo for allegedly infringing on two U.S. Patents related to a type of personal hydrofoil watercraft called an eFoil. Following a jury trial in March 2023, where certain patent claims were examined, it was determined that Waydoo had indeed infringed on MHL's patents and had to pay a $500 royalty per board sold, totaling $1,334,000 in damages.
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Plagiarism Today
MARCH 7, 2024
New allegations claim that the song Over the Rainbow is a plagiarism. However, this case shows why sometimes plagiarism doesn't matter. The post Why Sometimes Plagiarism Doesn’t Matter appeared first on Plagiarism Today.
IP Law 360
MARCH 7, 2024
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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?
Likelihood of Confusion
MARCH 7, 2024
I posted the en banc Federal Circuit brief of Simon Tam for the Slants, and those of the amici curiae in his support shortly after they were filed. Well, of course there’s another side to this, and it has been heard. Here is the brief of the PTO seeking affirmance. Then came the brief of amicus curiae, […] The post THE SLANTS trademark appeal: The other side appeared first on LIKELIHOOD OF CONFUSION™.
Cogency Global
MARCH 7, 2024
What this is: An introduction to nonprofit risk management, including the types of risks nonprofits commonly face, how to conduct a nonprofit risk assessment and effective risk mitigation strategies. What this means: Nonprofit risk management is the process of identifying, prioritizing and mitigating risks at your organization. It’s important for ensuring smooth operations, maintaining compliance and protecting your nonprofit’s reputation.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
MARCH 7, 2024
Spencer’s wife had an extra-marital affair with Doe. Doe sent “photographs and screen shots of sexually explicit images” to the wife. Spencer, the husband, came into possession of these materials via unspecified means. He assembled various collages of the images and sent copies by postal mail to Doe and “his ex-wife, his adult child, several of his neighbors, and his place of business.” Doe sued Spencer for VAWRA, IIED, negligence, and public disclosure of private f
JD Supra Law
MARCH 7, 2024
COMPETITION - - Prior notification of a concentration (Case M.11397 - OJI / Walki) - - Prior notification of a concentration (Case M.11419 - Open Pass / Fortenova Group).
IP Law 360
MARCH 7, 2024
The U.S. Copyright Office has urged the D.C. Circuit to reject an artificial intelligence inventor's argument that work created by machines are eligible for copyright protection, saying the government has a long history of extending that benefit only to human authors.
JD Supra Law
MARCH 7, 2024
Daniel Garrie, Esq., is a distinguished mediator, arbitrator, discovery referee and forensic neutral at JAMS. Mr. Garrie brings a fresh perspective to ADR that is informed by his unique background as a former entrepreneur with a strong foundation in technology. "As a serial entrepreneur, I saw the value of being able to experience and participate in a mediation process that shortcut the need to litigate and allow me to transact with my colleagues after resolving the dispute.
Advertiser: IPO
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.
IP Law 360
MARCH 7, 2024
The Pennsylvania State University and sports apparel retailer Vintage Brand are locked in a legal battle that could force courts to reexamine how trademarks function in merchandise licensing and potentially make it harder to prevail on counterfeiting claims, according to attorneys.
JD Supra Law
MARCH 7, 2024
Under the Supreme Court's Chevron doctrine, courts will defer to a federal agency's interpretation of an ambiguous statute unless that interpretation is unreasonable. Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). In recent years, however, the Supreme Court has hinted at a shift away from Chevron. Originally published in Bloomberg Industry Group, March 2024.
IP Law 360
MARCH 7, 2024
The founder of a cryptocurrency token company cannot bring racketeering and trade secret claims against former consultants he alleges extorted him for millions of dollars and tried to ruin his company's reputation, an Illinois federal judge has ruled.
JD Supra Law
MARCH 7, 2024
In this episode, we revisit the ever-shifting landscape of Generative Artificial Intelligence (GenAI), a topic which has continued to captivate the tech world since our discussion a year ago. With GenAI at the forefront of the conversation, we delve back into the complexities surrounding its use, with a special focus on the contractual and legal challenges faced by users, data providers, and businesses.
IP Law 360
MARCH 7, 2024
The Federal Circuit on Thursday stood by a panel's holding that Intel infringed a VLSI Technology computer chip patent, meaning the tech giant must face a trial to recalculate the $1.5 billion verdict originally issued by a Texas federal jury.
JD Supra Law
MARCH 7, 2024
2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the question of when works generated using AI technology are protected under U.S. copyright law, and so far, applicants have not been able to convince the Copyright Office that the AI-generated components of their works are protectable.
IP Watchdog
MARCH 7, 2024
This week was an above-average one for patent filings in both the Patent Trial and Appeal Board (PTAB) and in district courts. The PTAB had two new post grant review (PGR) petitions and 39 new inter partes review (IPR) petitions, for a total of 41 new filings. And the district court also had heightened activity with 75 new filings.
JD Supra Law
MARCH 7, 2024
On March 4, 2024, the PTAB granted Biocon and Janssen’s joint motion to terminate IPR2023-01444 due to a settlement reached prior to an institution decision. The parties announced in a press release that their settlement and license agreement allows Biocon to commercialize Bmab 1200, its proposed biosimilar to Stelara® (ustekinumab), in the U.S. by February 2025, subject to FDA approval.
IP Watchdog
MARCH 7, 2024
As of today, the world’s major platforms—Apple, Alphabet, Meta, Amazon, Microsoft and ByteDance—must be in full compliance with the European Union’s Digital Markets Act (DMA), an EU regulation intended to level the playing field in the digital marketplace. Signed into law in September 2022, the DMA imposed a complex regulatory framework upon the major Internet services platforms that are deemed to be “gatekeepers” (i.e. have a market capitalization of at least €75 billion [$83 billion USD]) due
JD Supra Law
MARCH 7, 2024
On March 4, Biocon Biologics Ltd. announced it has signed a settlement agreement with Bayer Inc. and Regeneron Pharmaceuticals, Inc. regarding YESAFILI, Biocon’s proposed biosimilar to EYLEA (aflibercept).
43(B)log
MARCH 7, 2024
HomeLight, Inc. v. Shkipin, F.Supp.3d -, 2024 WL 940089 (N.D. Cal. Mar. 5, 2024) Sometimes, courts are very generous to competitors in presuming Lanham Act standing—as with the recent Meta ruling —and sometimes they aren’t. I have yet to detect a real pattern across facts/circuits, but suggestions welcome. Previous ruling. Shkipin’s amended false advertising counterclaim fails again.
JD Supra Law
MARCH 7, 2024
On February 29, Biocon Biologics Ltd announced that it signed a settlement and license agreement with Janssen Biotech Inc. and Johnson & Johnson (“J&J”) regarding Bmab 1200, Biocon’s proposed biosimilar to STELARA.
SpicyIP
MARCH 7, 2024
Image from here “The judge is not a rustic who has chosen to play a game of Three Card Trick. He is not fair game. Nor is the truth.” quote from here In a significant order on February 23, 2024, the Delhi High Court, in F- Hoffmann -La Roche Ag & Anr V. Zydus Lifesciences Limited , presided over by Justice Sanjeev Narula, (among other things) issued crucial directives to both parties regarding the appointment of independent scientific experts.
JD Supra Law
MARCH 7, 2024
Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to the job—potentially patentable inventions, which may be trade secrets unless patent protection is sought. In that manner, they safeguard important employer interests, including preventing potential disputes over ownership of key company inventions and ensuring that employers.
The IPKat
MARCH 7, 2024
This Kat is delighted to present a review of Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development, edited by Prof. Jacques de Werra (University of Geneva). Marking the 16th volume in the p®opriété intelle©tuelle - intelle©tual p®operty collection, this book features contributions by seven authors. The chapters emerged following the Journée de Droit de la Propriété Intellectuelle , which took place at the University of Geneva in collaboration wit
JD Supra Law
MARCH 7, 2024
A federal court in California recently dismissed some of the claims prominent figures in the entertainment industry have raised against OpenAI, the operator of the artificial intelligence platform ChatGPT. The plaintiffs lodged these claims as part of a copyright infringement lawsuit involving ChatGPT. This lawsuit is one of a series of legal proceedings brought against….
IP Tech Blog
MARCH 7, 2024
First, some context Like any other intellectual property asset, EU trade marks can be and are often used as collateral in financial transactions. However, reconciling the EU trade mark regulation (the “ EU TM Regulation ”) with the applicable national laws on “ rights in rem ” is not always straightforward, especially when the EU trade mark owner is located outside the EU.
JD Supra Law
MARCH 7, 2024
WHAT: The U.S. Department of Defense (DOD) is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide coverage for trademarks and similar designations. According to the DOD, the proposed rule will “allow the parties to identify possibly conflicting claims to designations before award” and “encourage the early and efficient resolution of potential disputes over ownership and use of designations.”.
LexBlog IP
MARCH 7, 2024
In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) affirmed refusal of Post Foods, LLC’s application to register a color mark, consisting of “the colors of yellow, green, light blue, purple, orange, red and pink applied to the entire surface of crisp cereal pieces,” depicted below, on the Principal Register for “breakfast cereals”: Read more
JD Supra Law
MARCH 7, 2024
Earlier this month, the Fifth Circuit granted a mandamus petition in In re Clarke, No. 24-50079, 2024 U.S. App. LEXIS 5099 (5th Cir. Mar. 1, 2024), effectively reversing a Texas court’s decision to transfer an Administrative Procedure Act (APA) case to a D.C. court under 28 U.S.C. § 1404(a). This is another in a recent line of mandamus decisions clarifying the law around transfers for convenience.
IP Law 360
MARCH 7, 2024
Nokia Solutions and Networks Oy owes telecom company Collision Communications $23 million after reneging on an oral contract to license noise-filtering technology, a New Hampshire federal jury found Wednesday.
JD Supra Law
MARCH 7, 2024
Precedential and Key Federal Circuit Opinions - 1. FRESHUB, INC. v. AMAZON.COM, INC. [OPINION] (2022-1391, 2/26/2024) (Reyna, Taranto, and Chen) - Taranto, J. The Court affirmed the District Court’s decision 1) denying Freshub’s post-trial motions challenging the jury verdict, and 2) finding that Amazon failed to prove inequitable conduct by clear and convincing evidence.
IP Law 360
MARCH 7, 2024
The parent company of fashion giant Ralph Lauren said Thursday the company has reached a settlement with a convicted seller of counterfeit apparel, ending nearly three years of litigation against the Atlanta-area clothing store owner.
JD Supra Law
MARCH 7, 2024
The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid copyright. Premier Dealer Servs. Inc. v. Allegiance Adm’rs LLC, Case No. 23-3394 (6th Cir. Feb. 26, 2024) (Sutton, C.J.; Clay, Bloomekatz, JJ.).
IP Law 360
MARCH 7, 2024
The Modelo brand will head to the Second Circuit next week to argue that a Manhattan jury erred when it found that Corona's flavored seltzer is just about the same as beer in light of a contract that the companies entered. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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