SpicyIP

FEBRUARY 7, 2025

Image from here In a major, and very interesting development for law students, the Commerce and Industry Minister Mr. Piyush Goyal announced that the CGPDTM will sponsor Indian law students selected for any IP moot court competition anywhere in the world. This announcement was made yesterday in the inaugural ceremony of Vidhi Pragati: National IP Moot Court Competition, 2025, organized by DPIIT in collaboration with CIIPC and IPR Chair, NLU Delhi (see video here ).

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IP Law 76

JD Supra Law

FEBRUARY 7, 2025

Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniels was entitled to a permanent injunction after finding that VIP Products Bad Spaniels dog toy diluted Jack Daniels trademark and trade dress, despite VIP not having infringed those marks. VIP Products LLC v. Jack Daniels Properties Inc., Case No.

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Trademark 68

Patent Trademark Blog

FEBRUARY 7, 2025

Is it too late to reinstate your utility patent? Time is of the essence when it comes to renewing unintentionally expired utility patents. While a utility patent is technically not renewed , we will use that term since it’s easier to understand. Technically, the correct term is maintenance. When properly maintained, a typical utility patent will last for about two decades.

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Patent Trademark Blogging IP 52

JD Supra Law

FEBRUARY 7, 2025

Addressing a preliminary injunction in patent litigation related to the Biologics Price Competition and Innovation Act (BPCIA), the US Court of Appeals for the Federal Circuit upheld the district courts grant of a preliminary injunction, finding that there was a proper exercise of personal jurisdiction and that no substantial question of invalidity had been raised for the patents at issue that would prevent the injunction from issuing.

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Litigation Patent 68

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?

Technology

IP Law 360

FEBRUARY 7, 2025

The Federal Circuit judges considering Judge Pauline Newman's request to end her suspension said Friday that they had retained doctors who have expressed "significant concerns" that there are errors and oversights in reports from physicians who deemed the 97-year-old judge fit to serve.

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Reporting 52

JD Supra Law

FEBRUARY 7, 2025

Modern gene-editing technology, such as CRISPR/Cas technology, represents a ground-breaking advancement that has transformed our genetic engineering capabilities and has enormous potential for revolutionising medicine, food production, research, and bioenergy production. Originally published by Food and Drink Technology - January 29, 2025. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Editing Technology Publishing 103

JD Supra Law

FEBRUARY 7, 2025

The Federal Circuit affirmed six PTAB decisions that held unpatentable as obvious 79 claims of three Cytiva Bioprocess (Cytiva) challenged patents and reversed the PTAB decision upholding four claims.

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Patent 70

IP Law 360

FEBRUARY 7, 2025

A California judge on Thursday granted Apple's request to drop a lawsuit against a former employee who allegedly leaked sensitive company information to journalists and others, the same day the software engineer issued a public apology for his "profound and expensive mistake.

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JD Supra Law

FEBRUARY 7, 2025

Epaned (enalapril maleate) - Case Name: Silvergate Pharms., Inc. v. Bionpharma Inc., Civ. Nos. 18-cv-1962, 19-cv-1067, 2024 WL 4417104 (D. Del. Oct. 4, 2024) (Goldberg, J.) Drug Product and Patent(s)-in-Suit: Epaned (enalapril maleate); U.S. Patents Nos. 9,669,008 (the 008 patent), 9,808,442 (the 442 patent), 10,039,745 (the 745 patent), and 10,154,987 (the 987 patent).

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Patent 70

IP Law 360

FEBRUARY 7, 2025

A Federal Circuit panel on Friday stripped a patent case over respiratory treatment devices away from a North Carolina federal judge, with the appeals courtreversing a noninfringement verdict that came out of a jury trial he oversaw and finding that it was at least the second time the judge "did not intend to manage a fair trial.

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Patent 52

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.

Patent

JD Supra Law

FEBRUARY 7, 2025

A motivational passage from Keith Bells book Winning Isnt Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth Circuits ruling raises important questions about fair use, copyright enforcement, and Bells serial litigant status.

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Litigation Copyright Fair Use 65

IP Law 360

FEBRUARY 7, 2025

A Texas federal judge has denied Apple's request to relocate Oregon startup Proxense LLC's patent suit against it, saying the case "would not be clearly more convenient to try in the Northern District of California.

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IP Patent 52

JD Supra Law

FEBRUARY 7, 2025

A motivational passage from Keith Bells book Winning Isnt Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth Circuits ruling raises important questions about fair use, copyright enforcement, and Bells serial litigant status.

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Litigation Copyright Fair Use 65

IP Law 360

FEBRUARY 7, 2025

A Pennsylvania federal judge has thrown out a lawsuit filed by a consultant claiming that his methods for growing plant tissue samples was stolen by a medical cannabis company he worked with, ruling that the consultant's system was not a protected trade secret.

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IP 52

JD Supra Law

FEBRUARY 7, 2025

You can pay for the dinner, but you cannot pick when, where or what were eating. At least thats what a Magistrate Judge in the District of New Jersey decided last week in Harish v. Arbit, No. CV 21-11088-EP-AME, 2025 WL 354434 (D.N.J. Jan. 31, 2025), a patent dispute that resulted in the disqualification of two law firms from representing two defendants because the defense was funded, at least in part, by a non-party with an interest in the patent.

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IP Law 360

FEBRUARY 7, 2025

Judges on the Federal Circuit seemed open to modifying a district court's injunction barring specialty drugmaker Avadel Pharmaceuticals from marketing its on-market narcolepsy drug for use in treating another sleep disorder Friday.

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Marketing Marketing 52

JD Supra Law

FEBRUARY 7, 2025

On February 6, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Cardinal Motors, Inc. v. H&H Sports Protection USA, Inc., Docket No. 23-7586-cv, wherein the Court clarified a blurry issue in trade-dress litigation, namely, whether a plaintiffs articulation of the protectable elements of its asserted product-design trade dress at the pleading stage is a part of, or is separate and distinct from, the issue of whether the trade dress is plausibly distinctiv

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IP Law 360

FEBRUARY 7, 2025

In a precedential decision, the Federal Circuit said Friday that the U.S. International Trade Commission'sdomestic industry requirements haveno "threshold dollar value" and that"small market segments" operated by biotech developer Ventria Bioscience can qualify, upholding the ITC's finding that a Chinese vaccine developer infringed Ventria's cell culturepatent.

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Marketing Marketing Patent 52

JD Supra Law

FEBRUARY 7, 2025

Before Lourie, Dyk, and Hughes. Appeals from the United States Patent and Trademark Office. Summary:The Patent Trial and Appeal Board has jurisdiction over IPRs concerning expired patents because the review of such patents involves adjudication of a public right.

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IP Law 360

FEBRUARY 7, 2025

Several major banks and financial companies were hit with lawsuits in Texasfederal court from CheckWizard over its image capture patent, citing the defendants' use of mobile check depositing technology.

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JD Supra Law

FEBRUARY 7, 2025

Conflicting expert testimony constituted substantial evidence supporting the jurys rejection of a reverse doctrine of equivalents argument.

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IP Law 360

FEBRUARY 7, 2025

A California federal judge has allowed a trademark infringement counterclaim to proceed against OpenAI by a company with a similar name, finding Open Artificial Intelligence Inc. has plausibly alleged its mark became associated with AI tools before OpenAI became widely known for ChatGPT.

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Trademark 52

JD Supra Law

FEBRUARY 7, 2025

On January 29, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the District Court for the Northern District of West Virginias entries of preliminary injunction preventing Samsung Bioepis Co., Ltd. (Samsung) and Formycon AG(Formycon) from marketing their aflibercept biosimilars of EYLEA.

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Litigation Marketing Marketing 65

IP Law 360

FEBRUARY 7, 2025

An agricultural firm and a former employee it accused of pilfering confidential information on his way out the door in a bid to steal clients have reached a deal to resolve the firm's claims, according to a court order.

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Confidentiality 52

JD Supra Law

FEBRUARY 7, 2025

On May 10, 2024, the United States Patent and Trademark Office (USPTO) publisheda new proposed rule that would requirewhen a patent applicant submits a terminal disclaimer to obviate non statutory double patenting that the applicant agrees.

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Patent Application Trademark Patent 65

IP Law 360

FEBRUARY 7, 2025

Elon Musk's Department of Government Efficiency is well positioned to identify to Congress the necessary variability needed among individual patent rights, ensuring that the U.S. Patent and Trademark Office's current inefficiencies do not impede promising inventions from reaching the market, says John Powers at Powers IP.

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JD Supra Law

FEBRUARY 7, 2025

After several months of delays, the U.S. Copyright Office has published part two of its three-part report on the copyright issues raised by artificial intelligence (AI).This part, entitled Copyrightability, focuses on whether AI-generated content is eligible for copyright protection in the U.S.

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Copyright Privacy Publishing Reporting 62

IP Law 360

FEBRUARY 7, 2025

A Texas federal judge has rejected Sony's request to sanction a baseball training program and its counsel from Dykema Gossett PLLC for bringing a trademark lawsuit over Sony's use of the phrases "future stars" and "future stars series" in its video game.

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Trademark 52

JD Supra Law

FEBRUARY 7, 2025

The US Patent & Trademark Office (PTO) issued additional guidance on the contribution of artificial intelligence (AI) in its January 2025 AI Strategy. Similarly, the US Copyright Office issued part two of its Copyright and Artificial Intelligence report, addressing the copyrightability of AI- or partially AI-made works. Both agencies appear to be walking a fine line by accepting that AI has become increasingly pervasive while maintaining human contribution requirements for protected works an

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Intellectual Property Reporting Copyright Trademark 62

IP Law 360

FEBRUARY 7, 2025

KPMGs recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the states relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

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JD Supra Law

FEBRUARY 7, 2025

The Commissioner for Trademarks recently issued a precedential decision terminating a reexamination proceeding for the registrants failure to respond within a statutory time period, where there was insufficient justification to waive the response requirement. In re Trigroup USA LLC, Reg. No. 7094794 (Jan. 24, 2025) (Gooder, Commr for Trademarks).

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IP Law 360

FEBRUARY 7, 2025

The Port of Oakland has asked the Ninth Circuit to reverse a magistrate judge's order barring it from using "San Francisco Bay" in its airport name, arguing that the court's decision placed too much weight on travelers' potential confusion about who owns the airport when buying a flight.

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JD Supra Law

FEBRUARY 7, 2025

Kilpatrick partner Ted Davis recently presented his Annual Update on Recent Trademark Case Law at the firms 2025 Advanced Trademark Law Seminar in San Francisco.

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IP Law 360

FEBRUARY 7, 2025

This past week in London has seen Investec Bank PLC sue two diamond tycoons, London florist Nikki Tibbles file a claim against an "imitator company," a direct descendant of the Cartier family launch a claim, and a Coronation Street actor hit footballer Joe Bunney with a defamation claim. Here, Law360 looks at these and other new claims in the U.K.

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Litigation 52

JD Supra Law

FEBRUARY 7, 2025

In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to pay a maintenance fee was unreasonable for adopting an inappropriate approach to assessing due care, failing to consider all.

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Patent Application Patent 65