Plagiarism Today
DECEMBER 28, 2023
In just a few days, the first appearance of Mickey Mouse lapses into the public domain. Here's what it really means to other creators. The post What Mickey Mouse Lapsing into the Public Domain Means appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 28, 2023
The following is an edited transcript of my video Top Tips for Avoiding Trademark Scams No matter how many times I speak, post, and warn about them, scams are everywhere, and I get messages from people who are receiving scams almost every week. Tip #1 for avoiding trademark scams is know your registration renewal dates. Many scams try to get you to renew your trademark long before it’s even possible, so if you know the renewal dates, you can avoid those.
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Plagiarism Today
DECEMBER 28, 2023
New York Times files lawsuit against Microsoft and OpenAI, Strike 3 Holdings breaks previous year's record and Star Wash draws lawsuit. The post 3 Count: Sign of the Times appeared first on Plagiarism Today.
Patently-O
DECEMBER 28, 2023
by Dennis Crouch Thus far US copyright and patent tribunals have refused to award rights for AI generated works. China has begun its move in the opposite direction with the recent decision granting rights to an artist who created an image using the popular generative AI system Stable Diffusion. The case of Li v. Liu was decided by the recently Beijing Internet Court.
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
DECEMBER 28, 2023
In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Under current trademark law in Korea, a later-filed mark that is similar to a senior mark already registered with the Korean Intellectual Property Office (“KIPO”) would be rejected for registration.
TorrentFreak
DECEMBER 28, 2023
During the past few hours, users of streaming site ahaseries.com hoping to access their favorite site would’ve met with disappointment. The same also goes for those who attempted to access uhuseries.com and owlserieshd.com. All three domains are now under the control of the Motion Picture Association, which in turn is directing visitors to the web portal of the Alliance for Creativity and Entertainment (ACE).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Michael Geist
DECEMBER 28, 2023
My look back at 2023 concludes with a review of my most popular Substacks of the year. Given the overlap between blog posts and Substacks, there is unsurprisingly overlap between the most popular posts with the piece on Bill S-210 occupying the top spot on both charts. However, there are differences, with posts on the CBC and my appearance before the CRTC that focused on competition and consumer choice making their way into the Substack top ten. 1.
Cogency Global
DECEMBER 28, 2023
What this is : From the Corporate Transparency Act to China’s accession to the Hague Apostille Convention, 2023 certainly never gave us a dull moment. We've conveniently rounded up our top 10 most popular articles (based on views) from the year for your perusal. What this means : You could argue that 2023 made 2022 look like 2021 , but then you’d have to go back and read our top 10 articles for each year.
JD Supra Law
DECEMBER 28, 2023
When the prior trade name has a high reputation, and the goods using the trade name have a strong connection to the designated goods of the opposed mark, especially when the word part of the opposed mark is identical with the prior trade name, the use of the opposed mark is likely to cause confusion and misunderstanding among the relevant public, thus damaging the rights of the prior trade name right, and violating the provisions of Article 31 of the Trademark Law (2001).
IP Watchdog
DECEMBER 28, 2023
On December 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in K-fee System GmbH v. Nespresso USA, Inc., reversing a claim construction ruling and summary judgment of noninfringement issued by the Central District of California. In construing the claim term “barcode” de novo, the Federal Circuit found that the district court erred in finding that its definition expressly excluded “bit codes” in light of the patent owner’s representations during Europea
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JD Supra Law
DECEMBER 28, 2023
As previously reported by Big Molecule Watch, trial in Regeneron’s BPCIA case against Biocon regarding Biocon’s proposed aflibercept biosimilar concluded on June 15, 2023 in the Northern District of West Virginia. The patents-at-issue are directed to formulations and dosing regimens for aflibercept, an anti-VEGF treatment for retinal disorders including age-related macular degeneration, diabetic macular edema, and diabetic retinopathy.
Patently-O
DECEMBER 28, 2023
by Dennis Crouch I’m excited to head out to Snowmass in early January for the IP-SKI conference! Although we have the Ozarks here in mid-Missouri, there is nothing like the Rocky Mountains. This year I’ll also have the opportunity once again to connect with other intellectual property lawyers and talk shop while enjoying some long runs. ( LINK ) In the meantime, I came across an interesting lawsuit that Aspen Skiing Company (ASC) recently filed against ski apparel company Perfect Mo
JD Supra Law
DECEMBER 28, 2023
Case Name: UCB, Inc. v. Annora Pharma Priv. Ltd., Civ. No. 20-987-CFC, 2023 WL 5274566 (D. Del. Aug. 16, 2023) (Connolly, J.) - Drug Product and Patent(s)-in-Suit: Briviact® (brivaracetam); U.S. Patent No. 6,911,461 (“the ’461 patent”).
43(B)log
DECEMBER 28, 2023
Mendoza v. Procter & Gamble Co., No. CV 23-1382-DMG (JPRx), 2023 WL 8860900 (C.D. Cal. Dec. 20, 2023) Mendoza brought the usual California claims , alleging that Vicks Vapo cough and cold treatment products marketed as being for children were identical to the adult versions, only pricier; the court mostly rejected P&G’s motion to dismiss. The Children’s VapoRub front label states that it is for children two and older; the Standard Product’s front label includes no age instruction.
JD Supra Law
DECEMBER 28, 2023
Earlier this year, the U.S. Food and Drug Administration announced approval of Amgen's Wezlana (ustekinumab-auub) as an interchangeable biosimilar to Janssen Biotech's Stelara (ustekinumab). The drug was approved for multiple inflammatory disorders.
Likelihood of Confusion
DECEMBER 28, 2023
Yes, we’ve added Google ads (o’er on the right side). We generate a decent amount of traffic here, especially off searches relating to trademark law, and especially one very special. The post Sellout! appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
DECEMBER 28, 2023
The basic function of a trademark is to enable consumers to identify goods and their source. When the disputed trademark is a foreign language sign, the people's court shall, based on the common understanding of the relevant public in China, examine and determine whether the foreign language trademark has distinctive features. Similarly, when judging the similarity of a foreign language trademark, the standard should also be based on the common understanding of the relevant public in China.
Likelihood of Confusion
DECEMBER 28, 2023
Some summer! If it’s not broiling it’s flooding. Just try a vacation in this nonsense. Speaking of nonsense, here’s topical tweeting that went out via @roncoleman in the last few. The post The Tweet days of summer appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
DECEMBER 28, 2023
When applying for a trademark, the trademark owner shall not prejudice the prior rights of others, and shall fulfill the obligation of reasonable avoidance. However, considering that the trademark right has not been acquired at the time of application, the judicial interpretation, in combination with the practical situation, extended the effective time node of the prior right from the application date to the date of approval for registration at the latest, that is, the time node for judging.
IP Watchdog
DECEMBER 28, 2023
In Part I of this article, we recapped some of the most notable trade secret cases of the past year that dealt with issues such as proving secrecy and exercising reasonable efforts, as well as the publication of a key judicial resource for trade secret cases. Below, we continue with some of the top trade secret cases and subject matter the courts addressed in 2023.
JD Supra Law
DECEMBER 28, 2023
On December 19, a German court invalidated CureVac’s messenger RNA technology patent, EP 1 857 122 B1, in a lawsuit brought by CureVac against its rival BioNTech.
IP Watchdog
DECEMBER 28, 2023
Yesterday, the U.S. Court of Appeals for the Federal Circuit (CAFC) stayed the International Trade Commission’s (ITC’s) October 26 Limited Exclusion Order (LEO) against certain Apple Watches that the ITC found infringed on two Masimo patents that covered technology related to reading blood-oxygen levels. The CAFC does not appear to have published the order on its public website but it is widely available online.
JD Supra Law
DECEMBER 28, 2023
USPTO Director Kathi Vidal recently designated precedential section II.E.3 of Penumbra, Inc. v. RapidPulse, Inc. and clarified that the priority analysis for an AIA reference patent as prior art is different than for a pre-AIA reference patent. USPTO, Director Vidal designates decision as precedential, USPTO (November 15, 2023).
The IPKat
DECEMBER 28, 2023
Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! Votes must be made via email before 15th January 2024 as per the instructions below. As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP).
IP Law 360
DECEMBER 28, 2023
The Federal Circuit on Wednesday temporarily suspended a U.S. International Trade Commission ruling that banned imports of the Apple Watch in a patent dispute with Masimo Corp.
LexBlog IP
DECEMBER 28, 2023
Prosecuting a patent application may be viewed as a negotiation. The practitioner’s objective: to obtain the desired claim scope for your client; minimize amendments/arguments that might reduce the scope of literal claim coverage or even claim coverage under the doctrine of equivalents; and conclude prosecution in the shortest possible time. The examiner’s primary objective: to protect the public interest by issuing valid U.S. patents; the examiner is not thinking down the road about
JD Supra Law
DECEMBER 28, 2023
According to PWC, “2023 was a reasonably strong year for the pharmaceutical and life sciences sector with both deal value and volume of M&A close to pre-pandemic levels.” Below is a recap of the top M&A deals in 2023 that focus on biologics and biosimilars and were covered on the Big Molecule Watch.
LexBlog IP
DECEMBER 28, 2023
New York Governor Kathy Hochul vetoed Senate Bill S3100A , a bill passed by both houses of the legislature in June, that would prohibit all non-compete agreements. This is a significant and interesting end to a year of upheaval in the world of non-compete agreements and other restrictive covenants. Read more.
The TTABlog
DECEMBER 28, 2023
Oppositions based on Section 2(e)(1) mere descriptiveness are somewhat rare. Here's a consolidated opposition in which the Board found the proposed marks REALITY COMPOSER and REALITY CONVERTER to be merely descriptive of Apple's downloadable software that converts files and assists in composing scenes in augmented reality. The Board relied on "the plain meaning of the words in connection with Applicant’s software products that have the functions and purposes of converting and composing" as suffi
LexBlog IP
DECEMBER 28, 2023
On December 19, a German court invalidated CureVac’s messenger RNA technology patent, EP 1 857 122 B1, in a lawsuit brought by CureVac against its rival BioNTech. CureVac, a biopharmaceutical company developing messenger RNA therapeutics for COVID-19 vaccines, announced that it will appeal the decision before the German Federal Court of Justice.
LexBlog IP
DECEMBER 28, 2023
As previously reported by Big Molecule Watch, trial in Regeneron’s BPCIA case against Biocon regarding Biocon’s proposed aflibercept biosimilar concluded on June 15, 2023 in the Northern District of West Virginia. The patents-at-issue are directed to formulations and dosing regimens for aflibercept, an anti-VEGF treatment for retinal disorders including age-related macular degeneration, diabetic macular edema, and diabetic retinopathy.
LexBlog IP
DECEMBER 28, 2023
According to PWC , “2023 was a reasonably strong year for the pharmaceutical and life sciences sector with both deal value and volume of M&A close to pre-pandemic levels.” Below is a recap of the top M&A deals in 2023 that focus on biologics and biosimilars and were covered on the Big Molecule Watch. Coya Announces Agreement with Dr.
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