Plagiarism Today
APRIL 2, 2024
California authors can't intervene in NY OpenAI case, Court freezes Craig Wright's assets and Riot Games settles case over mobile clone. The post 3 Count: Entry Denied appeared first on Plagiarism Today.
IP Watchdog
APRIL 2, 2024
On April 1, the U.S. Court of Appeals for the Ninth Circuit issued a ruling in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. affirming a lower court’s ruling that canceled trademark applications pending at the U.S. Patent and Trademark Office (USPTO). The Ninth Circuit panel majority determined that the district court had statutory authority to invalidate a trademark application for no bona fide intent to use over a dissent authored by U.S.
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Plagiarism Today
APRIL 2, 2024
Harvard University sees a 5% dip in applications compared to last year. Here's why and why not to worry about it. The post Applications to Harvard Dip Slightly Amid Controversies appeared first on Plagiarism Today.
IIPRD
APRIL 2, 2024
INTRODUCTION The World Trade Organization (WTO) since its establishment has ratified more than 300 regional and bilateral Free-Trade Agreements (FTA). [i] Recently, the trend of increasing prevalence of TRIPS-Plus provisions within these trade agreements introduces stricter intellectual property (IP) regimes. This empowers countries with superior negotiating powers a leverage, [ii] typically developed nations in the context of developed-developing country partnerships.
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?
Christopher Roser
APRIL 2, 2024
This is the third post in my series on how Fendt handles its rather large variability. As mentioned before, all of their tractors—eleven different models with countless variants—come from the same assembly line in Marktoberdorf. This includes small tractors that are just barely one meter wide and huge ones as you see here on the. Read more The post Variable Takt at Fendt in Marktoberdorf—Part 3 first appeared on AllAboutLean.com.
TorrentFreak
APRIL 2, 2024
Online piracy continues to present massive challenges for the entertainment industries. It’s a global issue that’s hard to contain, but the major U.S. record labels and several movie companies believe that Internet providers can offer a helping hand. For roughly a quarter-century, rightsholders have sent copyright infringement notices to ISPs, informing them about alleged copyright infringements carried out by subscribers.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Velocity of Content
APRIL 2, 2024
Efficiency is vital for data science teams working to complete time-sensitive projects. Having to dedicate their resources to the tedious but essential task of building datasets only moves them farther from reaching their goals, including helping to solve business challenges using this data. In addition to losing time that otherwise could be spent on more urgent work, other obstacles can present themselves when data science teams choose to gather their data without the help of external consultan
The IPKat
APRIL 2, 2024
If the long weekend left you short on time to read the IP news , don't worry, here's the summary of the stories you missed last week. Patents Photo by TootSweetCarole via Pixabay Rose Hughes commented on a recent case about the validity of a patent for the second medical use of a known drug for treating type II diabetes (empagliflozin, or Jardiance™) in a subpopulation of patients.
JD Supra Law
APRIL 2, 2024
Calls for Removal of Device Patents Listed in the Orange Book Continue. FTC and Congressional action scrutinizing allegedly “improper” Orange Book listings continued apace in the first few months of 2024.
The IPKat
APRIL 2, 2024
By decision of 19 February 2024 (R 514/2023), the Board of Appeal (BoA) of EUIPO confirmed the initial refusal to register a position trade mark for eyewear, consisting of a geometrical sign (an irregular polygon used as a rivet for fastening the hinges of eyeglasses). It is worth recalling a previous favourable decision of the BoA of EUIPO with regard to a position trade mark, consisting of a geometrical sign, for footwear (see The IPKat here ).
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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.
Kluwer Copyright Blog
APRIL 2, 2024
Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011. The First Defendant distributes the film “Yesterday” to Austrian cinemas.
JD Supra Law
APRIL 2, 2024
The rise of artificial intelligence (AI) has been a growing concern among recording artists, music industry leaders and lawmakers, who, for the most part, have all pushed for stronger protections over musicians' copyrights and other intellectual property. This Holland & Knight alert explores how the Ensuring Likeness Voice and Image Security (ELVIS) Act of 2024….
IP Watchdog
APRIL 2, 2024
The U.S. Supreme Court on Monday, April 1, dismissed a petition asking the Court to revisit and clarify its seminal holding in Alice v. CLS Bank. The petition stems from a 2023 U.S. Court of Appeals for the Federal Circuit (CAFC) ruling upholding a district court’s grant of summary judgment that certain claims of Ficep Corporation’s U.S. Patent 7,974,719 (’719 patent) were patent ineligible under 35 U.S.C. § 101.
JD Supra Law
APRIL 2, 2024
On March 25, 2024, the Federal Circuit issued an opinion in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., addressing whether the act of importing two heart valve systems for a medical conference was within the safe harbor provision of 35 U.S.C. § 271(e)(1).
IP Watchdog
APRIL 2, 2024
For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are underrepresented at the ITC. While research shows women make up about 50% of the population, 50% of associates, and 39% of the profession generally, they only made up 27% of the ITC advocates in both 2022 and 2023.
JD Supra Law
APRIL 2, 2024
2: Finding Your Outside Team - This is the second in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation, yet facing such a suit. The first article included key questions whose answers may help to frame the plaintiff and the case in a way that suggests an effective course of action.
IP Law 360
APRIL 2, 2024
The U.S. Patent and Trademark Office released a proposal Tuesday to increase many patent-related fees beginning next year, standing by planned hikes related to requesting continued examination, design patents and post-grant challenges that have drawn concern.
JD Supra Law
APRIL 2, 2024
With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with copyrights. Below are some of the key copyright issues that we have found increasingly relevant to nonprofits of all sizes and types.
IP Law 360
APRIL 2, 2024
A California-based bong maker says a Texas company used its registered trademarks on phony water pipes, telling a federal court M 100 13770 0 13770 0 0 369k 0 --:--:-- --:--:-- --:--:-- 373k onday that the counterfeit marks leave customers confused and are causing the brand's reputation to go up in smoke.
JD Supra Law
APRIL 2, 2024
On March 10, 2024, Celltrion announced in a press release that it submitted an abbreviated Biologics License Application (aBLA) for FDA approval of CT-P39 (omalizumab), a proposed interchangeable biosimilar of Genentech’s / Novartis’ Xolair® (omalizumab). This is the first publicly announced aBLA for a proposed biosimilar of Xolair®.
The TTABlog
APRIL 2, 2024
The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. The Board found that, although the configuration has utility, it is not functional in the "utilitarian sense," nor is it functional in the aesthetic sense.
JD Supra Law
APRIL 2, 2024
On August 17, 2023, the Federal Court issued its decision in Angelcare Canada Inc. et al. v Munchkin Inc. et al. (2023 FC 1111) regarding the Plaintiffs’ entitlement to certain remedies for patent infringement. This decision follows a judgment issued on April 20, 2022, as amended on June 24, 2022, which found that the Defendants Munchkin, Inc. and Munchkin Baby Canada Ltd.
Patently-O
APRIL 2, 2024
by Dennis Crouch In Rady v. The Boston Consulting Group, Inc. , No. 2022-2218 (Fed. Cir. Mar. 27, 2024), the Federal Circuit affirmed the dismissal of a patent infringement lawsuit, holding that the asserted claims of Rady’s US10469250 were ineligible under 35 U.S.C. § 101. The patent, owned by Max Rady, patent describes scanning a physical item, determining its unique pattern of imperfections (i.e., “signature”), and recording that signature to a blockchain if not previously
JD Supra Law
APRIL 2, 2024
The NCAA and the Power 5 conferences have told a CA federal judge that the “highly varied and diverse ways” schools compensated athletes after the 2021 Alston Supreme Court decision make it implausible to certify the class suing for past compensation — saying plaintiffs have chosen to “simply ignore all of this complexity.”.
IP Law 360
APRIL 2, 2024
The makers of Dudesy, a comedy podcast created and written by artificial intelligence, have agreed to take down a fake comedy special that "resurrected" George Carlin and to refrain from using the late comedian's image, voice and likeness without permission, Carlin's estate told a California federal judge Tuesday.
JD Supra Law
APRIL 2, 2024
On March 18, 2024, the USPTO issued a memorandum to its Examiners reminding them of the resources and proper analysis for interpreting limitations under 35 U.S.C. § 112(f), which are commonly referred to as “means-plus-function” or “step-plus-function” limitations. These types of claim formats provide an option to claim an element as a means or step for performing a specified function without reciting any structure, material, or acts.
Stock Legal Blog
APRIL 2, 2024
I’m going to try and bring humor to this blog series, because, let’s face it, some of what we do as professionals is funny (especially when you look at it from the outside). That said, I’m going to start this blog series out on a more serious and philosophical note.
JD Supra Law
APRIL 2, 2024
The US Circuit Court of Appeals for the Tenth Circuit overturned a federal district court's determination that Netflix made fair use of the plaintiff's video in the 2020 Netflix show “Tiger King,” citing last year’s US Supreme Court decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.
IP Close Up
APRIL 2, 2024
Knowing which IP rights are being used, when and by whom helps to establish their value and return.
JD Supra Law
APRIL 2, 2024
In a recent article on BloombergLaw.com titled “TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove,” the spotlight is on ByteDance’s formidable patent portfolio, which poses a significant challenge to any mandated sale of TikTok. With over 900 US patents covering pivotal technologies, the divestment process entails navigating legal intricacies and financial considerations, particularly given the global reach of ByteDance’s patents.
TorrentFreak
APRIL 2, 2024
To say that Italy’s much-heralded pirate IPTV blocking scheme got off to a controversial start would significantly underplay events of the past two months. And yet pretty much everyone knew it was coming. A TorrentFreak source familiar with the scheme’s development, introduction, and current operations, warned us in 2023 that the system and the ideas that underpin it are fundamentally flawed.
JD Supra Law
APRIL 2, 2024
On March 27, 2024, the PTAB summarily denied Seagen’s February 14, 2024 request for Director Review of the PTAB’s January 16, 2024 Final Written Decision (“FWD”) in PGR2021-00030 related to Adcetris® (brentuximab vedotin).
The IPKat
APRIL 2, 2024
December, January, February - wake the IPKat up in March Back in December - when it was colder and darker - London's patent practitioners attended AIPPI UK’s annual patent round-up event hosted by Hogan Lovells. Andrew Lykiardopoulos KC and Henry Edwards of 8 New Square presented the highlights of the 2023 patent cases in the form of a Christmas menu, including culinary delicacies such as Turkey with Apixaban Sauce and Caviar by Ocado.
JD Supra Law
APRIL 2, 2024
Joining a series of precedential decisions about descriptiveness, the Trademark Trial and Appeal Board recently affirmed a refusal to register Sheet Pile, LLC’s (“Applicant”) mark ZPILE on the Principal Register, on the ground that the mark is merely descriptive of the applied-for goods, i.e., “Metal sheet piles, metal sheet pile sections, and metal sheet pile connectors for joining metal sheet piles” in International Class 6, under Section 2(e)(1) of the Trademark Act.
Patently-O
APRIL 2, 2024
by Dennis Crouch I have been following the ongoing case of Natera v. NeoGenomics that is currently on appeal before the Federal Circuit. Docket No. 24-1324. The technology in these cases has amazing potential and I have several friends who have used these techniques to detect early stage cancer. The particular litigation here centers on Natera’s US Patent No. 11,519,035 issued on December 6, 2022 that covers a method of detecting cancer through analysis of cell-free DNA (cfDNA) obtained fr
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