JD Supra Law

FEBRUARY 23, 2024

We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. v. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment interests in the trademark context, should be applied. A recent decision out of the Ninth Circuit, Punchbowl, Inc. vs. AJ Press LLC (“Punchbowl II”), applies the Rogers test for the first time following Jack Daniel’s.

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TorrentFreak

FEBRUARY 23, 2024

The InterPlanetary File System, more broadly known as IPFS , has been around for nearly a decade. While the name may sound alien to the general public, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. The system makes websites and files censorship-resistant and not vulnerable to regular hosting outages; as long as at least one user in the network continues to share.

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Copyright Infringement Copyright Technology Copying 118

IP Watchdog

FEBRUARY 23, 2024

This week in Other Barks & Bites: Intel and Microsoft announce a custom chip deal worth up to $15 billion; the Justice Department announces its first Chief AI Officer; and an appeals court overturns a $1 billion ruling for copyright infringement against Cox Communications.

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TorrentFreak

FEBRUARY 23, 2024

For many people, Google is the go-to starting point when they need to find something on the web. With just a few keystrokes, the search engine can find virtually anything. This is generally good, but copyright holders are not happy with all content that can be discovered. Pirates sites, for example, should remain hidden when possible. In recent years Google has tweaked its algorithms to address this issue.

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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 23, 2024

Dickinson Wright PLLC continues to expand its intellectual property team, adding a new member to its Chicago office from Steptoe LLP.

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Intellectual Property IP 99

JD Supra Law

FEBRUARY 23, 2024

In a decision dated January 24, 2024, Justice Pallotta allowed Novartis’ application, finding that Biogen and Samsung’s use of the trademark BYOOVIZ in association with an ophthalmologic drug violates Novartis’ rights in its registered trademark BEOVU: Novartis AG v Biogen Inc, 2024 FC 52.

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JD Supra Law

FEBRUARY 23, 2024

On May 26, 2023, the Minister of Health determined that Biosimilar Collaborations Ireland Limited was entitled to the benefit of section 5 of the Patented Medicines (Notice of Compliance) Regulations (Regulations), including prior service of a Notice of Allegation by the previous owner of the new drug submission for YESAFIL (an aflibercept biosimilar).

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Patent 75

The IPKat

FEBRUARY 23, 2024

This is a book review of Contentious Trade Mark Registry Proceedings by Michael Edenborough KC. This review is kindly provided by Zoi Krokida, Lecturer in AI, Innovation and Law at Brunel University London. This title was nominated in the IPKat book of the year awards 2023! Here's what Zoi has to say: The book entitled Contentious Trade Mark Registry Proceedings, 2nd Edition, is written by Michael Edenborough KC, a Barrister with experience in several hundred trade mark matters before the UK reg

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Editing Intellectual Property Confidentiality Settlement 62

JD Supra Law

FEBRUARY 23, 2024

Generative artificial intelligence (“GAI”) has the potential to revolutionize efficiency and productivity in our day-to-day working lives. But while this technology is becoming more sophisticated by the day, companies should still proceed with caution when using GAI in a workplace setting due to its potential impact on confidential and proprietary information.

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The TTABlog

FEBRUARY 23, 2024

Petitioner Oregon Grain requested reconsideration of the Board's denial of its petition for cancellation of a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" [ TTABlogged here ]. The Board had found that Oregon failed to prove priority because it failed to prove that its common law, identical mark was distinctive as of the filing date of Respondent's underlying application.

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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 23, 2024

Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the next installment of “The Briefing.”.

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IP Law 360

FEBRUARY 23, 2024

Fitness equipment maker NordicTrack's parent company has settled a dispute with Dish Network that accused it of infringing Dish patents related to streaming technology, drawing to a close a fight that spread all the way to the U.S. International Trade Commission.

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Patent Technology 59

JD Supra Law

FEBRUARY 23, 2024

A domino has fallen, but the question remains whether there are more to come. On February 12, 2024, the U.S. District Court for the Western District of Texas dismissed a challenge to the Department of Health and Human Services (HHS) over the controversial Medicare Drug Price “Negotiation” (yes, in quotes) Program passed under the Inflation Reduction Act (IRA).

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IP Law 360

FEBRUARY 23, 2024

The majority of a board of patent judges has refused to budge on a determination upholding a streaming media patent challenged by Netflix, though the judges on the panel splintered at length on the grammatical implications of how to correctly read a comma.

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Patent 59

JD Supra Law

FEBRUARY 23, 2024

On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for infringing acts by publishers Warner Chappell Music and Artist Publishing Group that occurred as early as 2008—ten years before Nealy filed suit in district court, in the Eleventh Circuit.

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43(B)log

FEBRUARY 23, 2024

Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. that something needs to change, then it can change quite quickly. But the flipside is that it’s seen in light of what the Office needs to worry about. There have been problems with defenses; the Office doesn’t have to worry about infringement, so nothing changes.

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JD Supra Law

FEBRUARY 23, 2024

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year, the U.S. Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024.

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IP Watchdog

FEBRUARY 23, 2024

On February 22, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) released the 2024 International IP Index, which provides an annual snapshot of the impact of legal developments in intellectual property (IP) on the innovation ecosystem in dozens of nations across the world. While this 12th version of the GIPC’s index noted some positive developments in national IP frameworks, stagnation among the recurring leaders of the IP Index is a major concern given growing efforts by go

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IP Intellectual Property Government Business 59

JD Supra Law

FEBRUARY 23, 2024

Have you recently received an email, phone message or letter claiming that another business or individual is attempting to register a business name that is either identical or similar to your brand? Beware, as this could be a scam or solicitation tactic.

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Branding Brands Branding Trademark 68

43(B)log

FEBRUARY 23, 2024

Schabacker v. Ferens, 2024 WL 710632, No. 22-3778 (E.D. Pa. Feb. 21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. ECRI provides healthcare products and services; Ferens was a former high-level ECRI employee who served as Area Vice President until his 2021 termination.

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Advertising Advertising False Advertising Law 59

JD Supra Law

FEBRUARY 23, 2024

Pharmaceutical patents have proven to be a highly effective incentive for groundbreaking innovation. However, corresponding drug prices have long been an animating issue in American law and policy. Many proposals to lower the cost of prescription drugs have been put forward over the years, but one of the most effective is the Hatch-Waxman Act and the legal framework it established for the relationship between branded and generic drugmakers.

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Branding Brands Branding Law 68

The IP Law Blog

FEBRUARY 23, 2024

Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachma r discuss this case in the next installment of “The Briefing.” Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Copyright Law Law Intellectual Property Copyright 57

JD Supra Law

FEBRUARY 23, 2024

A global consensus seems to be forming that an artificial intelligence (AI) system does not deserve—at least for now—to be named as an inventor on a patent application. The question is under consideration and being settled in most of the major countries where patents are sought. The UK Supreme Court (in Thaler v. Comptroller-General of Patents, Designs and Trademarks), similar to the United States Court of Appeals for the Federal Circuit (in Thaler v.

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Inventor Patent Application Government Designs 68

LexBlog IP

FEBRUARY 23, 2024

Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachma r discuss this case in the next installment of “The Briefing.” Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Intellectual Property 52

JD Supra Law

FEBRUARY 23, 2024

Sports and antitrust might seem an odd couple at first glance. In truth, however, the two are not only related but deeply entwined in American law. Indeed, professional baseball as we know it exists largely thanks to a 1922 Supreme Court case, Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, in which the Court held that professional baseball is neither interstate nor commerce, and thus exempted from the antitrust laws.

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IP Law 360

FEBRUARY 23, 2024

A federal magistrate judge in Waco, Texas, says he doesn't think "some copy-and-paste errors" are enough to hook a prolific litigator of patent lawsuits to paying legal fees in a shell company's latest failed campaign against Salesforce.

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Copying Litigation Patent 52

JD Supra Law

FEBRUARY 23, 2024

In our PTAB Spotlight Series, attorneys will share their valuable insights on PTAB practice today, the challenges and opportunities clients face, and the trends practitioners should follow. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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IP Law 360

FEBRUARY 23, 2024

The most powerful business lobbying group in the U.S. said that although the country ranked at the top of its annual International IP Index, the Biden administration's efforts to potentially use patent laws to reduce the price of pharmaceuticals would jeopardize its place down the line.

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Reporting IP Patent Law Business 52

JD Supra Law

FEBRUARY 23, 2024

Promptu Systems Corp. v. Comcast Corp., et al., No. 2022-1939 (Fed. Cir. (E.D. Pa.) Feb. 16, 2024). Opinion by Taranto, joined by Moore and Prost. Promptu sued Comcast for infringing three patents directed to speech-recognition systems for either delivering cable or video content in response to a user’s speech request or controlling a television set based on a user’s speech command.

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Television Patent 62

IP Law 360

FEBRUARY 23, 2024

Publishers and entertainment industry groups have urged the government to reject proposed exemptions to the Digital Millennium Copyright Act that would broaden protections for text-and-data mining and allow hackers to study biases in artificial intelligence models, raising concerns about infringement and cybersecurity.

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Government Publishing Copyright 52

JD Supra Law

FEBRUARY 23, 2024

Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the next installment of “The Briefing.”.

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IP Law 360

FEBRUARY 23, 2024

A group of prominent telecommunications companies has failed to escape a patent dispute dating back a decade with the University of Minnesota concerning wireless communications technology used in 4G LTE network services.

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Patent Technology 52

LexBlog IP

FEBRUARY 23, 2024

Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macy’s for incorporating their tags in various articles of clothing. Scott Hervey and James Kachma r discuss this case in the next installment of “The Briefing.” Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Intellectual Property 52

IP Law 360

FEBRUARY 23, 2024

A former Dechert LLP partner can keep her deposition under wraps in an airline mogul's suit seeking to prove an international hacking conspiracy, a special master in North Carolina has ruled in a blow to the tycoon, who accused the attorney of trying to shield misconduct.

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Confidentiality 52

LexBlog IP

FEBRUARY 23, 2024

On Wednesday, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy , an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more than three years prior to filing suit. The Eleventh Circuit’s decision was based on the discovery accrual rule, which begins the limitations period at the moment a plaintiff becomes aware of or should reasonably learn of the infringement upon which a claim is based

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