Plagiarism Today
AUGUST 9, 2023
Author Jane Friedman faced an unusual problem: Reverse plagiarism. However, it's becoming much more common and the industry is not ready. The post Amazon and the Problem of Reverse Plagiarism appeared first on Plagiarism Today.
Intellectual Property Law Blog
AUGUST 9, 2023
Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location.
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Plagiarism Today
AUGUST 9, 2023
Apple and the Tetris Company sued by author, Aritzia seeks dismissal of sculpture case and Spider-Man fan film raises questions. The post 3 Count: Tetris Battle appeared first on Plagiarism Today.
SpicyIP
AUGUST 9, 2023
Data on the pendency and disposal of applications and oppositions are extremely crucial to understand the effectiveness of the Indian Patent Office and the Trademarks Registry. But accessing the latest data on the performance of these institutions has been a herculean task. Leaving aside the fate and quality of responses to RTI applications seeking this information (discussed extensively here ), the Annual Reports of the Controller General’s office, presumably carrying all the necessary data, ar
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?
JD Supra Law
AUGUST 9, 2023
Precedential and Key Federal Circuit Opinions - UNITED THERAPEUTICS CORPORATION v. LIQUIDIA TECHNOLOGIES, INC. [OPINION] (22-2217, 7/24/23) (Lourie, Dyk, and Stoll) - Lourie, J. The Court affirmed the district court’s validity and infringement findings. The construction of the claim limitation “treating pulmonary hypertension” did not require a showing of safety and efficacy.
IP Watchdog
AUGUST 9, 2023
Voice cloning, a technology that enables the replication of human voices from large language models using artificial intelligence (AI), presents both exciting possibilities and legal challenges. Recent machine-learning advances have made it possible for people’s voices to be imitated with only a few short seconds of a voice sample as training data. It’s a development that brings exciting possibilities for personalized and immersive experiences, such as creating realistic voiceovers for content,
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
AUGUST 9, 2023
Another account termination case. The plaintiff shared “her religious conservative opinions” on LinkedIn. LinkedIn closed the account because she allegedly shared misleading COVID information. “Plaintiff claims that her beliefs against the COVID-19 vaccines are rooted in religion.” She also claims she suffered financial losses due to the LinkedIn account termination.
Art Law Journal
AUGUST 9, 2023
Curator Kate Kelly explores the impact of stripes in art, from grounding compositions to creating movement. Dive into the world of meaningful foods in a separate Open Call, celebrating the emotional and symbolic power of edibles.
LexBlog IP
AUGUST 9, 2023
Interesting Patents | Disney VR Experience Scriptwriting by Jaime Chandra The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO. The patent system enables the protection of innovative ideas, and newly published patent applications provide a glimpse into the future of technology and
Likelihood of Confusion
AUGUST 9, 2023
Says Ed: Some ponder, “Are law blogs dying?” Others follow Blawg Review and know they’re not. Or at least that the answer is … negotiable. Hardly surprising, seeing as how. The post A head of the game appeared first on LIKELIHOOD OF CONFUSION™.
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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.
Patently-O
AUGUST 9, 2023
by Dennis Crouch The Federal Circuit’s recent Axonics decision reflects an ongoing tension between IPR petitioners and patent owners concerning litigation strategies and procedural fairness. A prevalent patentee strategy aims to force the petitioner to lock in specific arguments, only to provide a game-changing response later on. In Axonics , the patentee offered a new claim construction proposal in its post-institution response.
JD Supra Law
AUGUST 9, 2023
In a recent decision denying institution, the PTAB rejected Petitioner Mercedes Benz USA’s argument that the challenged patent was not entitled to the filing date of its provisional application. Mercedes-Benz USA, LLC v. Westport Fuel Systems Canada Inc., Case IPR2023-00351, Paper No. 10 (June 20, 2023). The Petitioner had sought to establish a later priority date in order for its main asserted reference, Gottlieb, to qualify as prior art.
LexBlog IP
AUGUST 9, 2023
CMS has halted the arbitration process for “Surprise Billing” established by the “No Surprises Act” for the second time, stating as follows: UNPLANNED OUTAGE “On August 3, 2023, the U.S. District Court for the Eastern District of Texas issued a judgment and order in Texas Medical Association, et al. v. United States Department of Health and Human Services, Case No. 6:23-cv-59-JDK (TMA IV), vacating certain portions of 45 C.F.R. § 149.510, 26 C.F.R. § 54.98
JD Supra Law
AUGUST 9, 2023
This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background - Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location.
LexBlog IP
AUGUST 9, 2023
July Business Services (JULY) is a national retirement plan services provider headquartered in Waco, Texas. JULY offers a modern suite of retirement plan solutions aimed at putting workplace plans within the reach of millions of small businesses. JULY’s proprietary technology solutions streamline, automate, and simplify all facets of retirement plan setup and operation while its high-touch service model elevates the experience of employers, their employees, and their financial advisors.
JD Supra Law
AUGUST 9, 2023
Ever since the U.S. Customs and Border Protection designated intellectual property rights, or IPRs, as a priority trade issue, the agency has seized billions of dollars in counterfeit goods. In 2021 and 2022, CBP seized counterfeit goods with a total value of $3.3 billion and $2.98 billion, respectively. In April 2023, over $4.4 million in counterfeit jewelry bearing numerous luxury brand marks was seized in just 24 hours.
LexBlog IP
AUGUST 9, 2023
Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location.
JD Supra Law
AUGUST 9, 2023
The U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic seems to have created more questions than answers about U.S. brand owners’ ability to leverage the federal Lanham Act in global trademark disputes. In the few weeks since the Court issued its opinion, parties and courts alike are already struggling with exactly how to apply it.
Michael Geist
AUGUST 9, 2023
The Canadian government released a detailed document last week outlining the specifics behind its draft Digital Services Tax Act. No actual legislation has yet been passed, but the government is providing guidance on how the potential law would be interpreted assuming it takes effect next year. The document has sparked criticism from business groups and the U.S. government given that it envisions a retroactive three percent tax that will hit a wide range of businesses.
JD Supra Law
AUGUST 9, 2023
Courts and litigants have long acknowledged that, to qualify as a “trade secret,” information must have “independent economic value” derived from its secrecy. Some commentators believe this requirement has been fairly toothless, expressing concern that “courts essentially read ‘independent economic value’ out of the statute by allowing plaintiffs to rely on weak inferences and assertions of hypothetical value rather than meaningful evidence.
IP Law 360
AUGUST 9, 2023
Intuitive Surgical has agreed to end a suit accusing a Johnson & Johnson subsidiary of infringing a variety of surgical robot patents, bringing a stop to nearly five years of litigation.
The TTABlog
AUGUST 9, 2023
The Board dismissed this Section 2(d) opposition to registration of BRAINY ACTS for educational publications in the field of early childhood development, finding confusion unlikely with the registered mark BRAINY BABIES for children's interactive educational books. The goods overlap, and as to those goods the Board must presume that they travel in the same ordinary trade channels and will be marketed to the same classes of consumers.
IP Law 360
AUGUST 9, 2023
The Fourth Circuit decided Wednesday that a federal judge had it right when he ordered an Atlanta hotel and real estate developer to pay an engineering firm $48 million for using the same name — over the protests of a dissenting judge who argued that "it should be for the jury, not a judge, to decide whether the trademark is likely to create confusion.
IP Close Up
AUGUST 9, 2023
U.S.
IP Law 360
AUGUST 9, 2023
Ten think tanks and consumer groups have lined up in opposition to a Senate bill that proposes substantial changes to how patent challenges operate at the Patent Trial and Appeal Board, saying the measure will ensure "Americans continue paying more than the rest of the world for prescription drugs.
IP and Legal Filings
AUGUST 9, 2023
Parties The Appellant Vishnu Das Trading carries out the manufacturing of “quiwam” and “zarda” under the trademark “Charminar”. The Respondent no. 1, Vazir Sultan Tobacco Co. Ltd., is indulged in the manufacturing of cigarettes under the brand name “Charminar”. The Respondent no. 2 is the Assistant Registrar of Trade Marks Brief Facts Brief facts of the case are as follows: The Respondent no. 1 obtained registration of its mark ‘CHARMINAR’ with respect to “manufactured tobacco” in the years 1942
IP Law 360
AUGUST 9, 2023
The bankruptcy trustee of a tax software company has accused its former attorneys of botching a trade secrets case against rival Avalara Inc. by not informing its client that the clock had run out on its complaint when the firm joined the case, according to a legal malpractice complaint filed in Washington state court.
U.S. Department of Commerce
AUGUST 9, 2023
Commerce Celebrates First Anniversary of CHIPS and Science Act August 9, 2023 KCPullen@doc.gov Wed, 08/09/2023 - 09:33 ICT Supply Chain Infrastructure Receives 460 Statements of Interest from Companies Across 42 States to Manufacture Semiconductors in America One year ago today, President Biden signed the bipartisan CHIPS and Science Act as part of his Investing in America agenda.
IP Law 360
AUGUST 9, 2023
Sony has asked the Federal Circuit to force a Texas federal judge to send to California a suit accusing it of infringing a variety of patents through its PlayStation 4 console, saying the patent owner doesn't actually operate in the Lone Star State.
TorrentFreak
AUGUST 9, 2023
At least on the surface, the story of Sdarot, Israel’s most popular pirate site, sounds quite similar to that of The Pirate Bay. Loved by millions and loathed by entertainment companies, both have demonstrated an unusual ability to remain online, despite overwhelming odds. But while The Pirate Bay has generated considerable revenue over the years, Sdarot’s existence and its ability to generate profit seem inexorably intertwined.
IP Law 360
AUGUST 9, 2023
The Federal Circuit will not reconsider its decision to invalidate two patents underlying the WeatherTech brand of floor mat, which had originally been upheld at the Patent Trial and Appeal Board, the court said Tuesday.
IP Law 360
AUGUST 9, 2023
Medical testing companies Natera Inc. and Eurofins Viracor LLC told the U.S. Supreme Court Wednesday not to review the invalidation of Stanford University and CareDx patents on a blood test for detecting organ rejection, saying they were correctly found to cover only natural phenomena.
IP Law 360
AUGUST 9, 2023
The Patent Trial and Appeal Board has denied Sandoz Inc.'s challenge to a patent covering Calquence, a cancer drug which had more than $2 billion in sales for AstraZeneca last year.
IP Law 360
AUGUST 9, 2023
Food waste recycler California Safe Soil LLC is urging a Delaware bankruptcy judge to dismiss or stay the Chapter 11 case of KDC Agribusiness LLC, branding it a litigation tactic to avoid a now-sidelined Court of Chancery trial regarding KDC's alleged trade secret misappropriation and a more than $300 million damages claim.
IP Law 360
AUGUST 9, 2023
Taco Bell and Subway urged a federal judge in the Eastern District of Texas to dismiss lawsuits accusing the fast food chains of infringing three mobile-ordering patents, arguing that since the companies are not residents of the Lone Star State, it is not the proper venue for the cases.
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