Tue.Nov 12, 2024

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Two Studies Retracted for Using Pirated Software

Plagiarism Today

Two papers have been retracted after a software company objected to the use of pirated software. Here's what researchers need to watch for. The post Two Studies Retracted for Using Pirated Software appeared first on Plagiarism Today.

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Why Filing a Trademark Application Without a Lawyer is a Big Mistake

Erik K Pelton

Top 3 reasons to hire an attorney to file your trademark application. The post Why Filing a Trademark Application Without a Lawyer is a Big Mistake appeared first on Erik M Pelton & Associates, PLLC. Top 3 reasons to hire an attorney to file your trademark application.

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Virtual Worlds, Real Rules: EU Parliament’s First Take on IP in the Metaverse

IP Watchdog

Are trademark rights in the Metaverse as intangible as the world itself, or are they as real as in the ‘real’ world? This is the question the European Parliament addresses for the first time in its Resolution on policy implications of the development of virtual worlds – civil, company commercial and intellectual property law issues, published on October 17, 2024, in the Official Journal of the European Union.

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When is a Trademark Registration Due for Renewal?

Erik K Pelton

The following is an edited transcript of Chapter 20 of my book video Building a Bold Brand: Details and Timing for Maintaining a Trademark Registration It is critical to docket the deadlines and to properly file for renewal when the time is appropriate. The initial filing after registration is due between the fifth and sixth anniversary of the issuance of the registration certificate.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark

SpicyIP

Discussing the recent controversy around Samsung India’s opposition to it’s workers’ application seeking to register ‘Samsung India Thozhilalar Sangham, under the Trade Union Act, Bharathwaj examines previous instances where trade unions have locked horns with trademark laws and assesses whether the Trademarks Act extends protection to proprietors against the use of their marks in any trade union’s name.

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Google’s “Negligent” Piracy Response Prevented Critic Deindexing Its Own Site

TorrentFreak

For most of 2024, major football leagues in Spain and Italy have regularly used the media to criticize and then publicly threaten Google. Rightsholders have always criticized Google but this feels a bit different. More recently, flare-ups have coincided with rightsholders demanding that Google implements new, controversial anti-piracy measures, such as remotely deleting apps from users’ phones.

Reporting 101

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Piracy Kingpin Behind ‘Noonoo TV’ and ‘TVWiki’ Arrested in Korea

TorrentFreak

Like most other countries, South Korea has a persistent piracy problem. Online streaming platforms in particular, have flourished in recent years. Up until a year ago, ‘Noonoo TV’ was one of the leading players. Despite welcoming millions of monthly visitors, the site shut itself down citing bandwidth costs and other ‘pressure’ Noonoo & TVWIKI The self-imposed shutdown was unexpected but it didn’t take long before other streaming platforms filled the gap.

Brands 99
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Common Mistakes to Avoid When Registering a Trademark

IP and Legal Filings

Introduction Registration of a trademark is an important step toward building a brand on solid ground. However, the process is quite challenging, and small mistakes can result in everything being disarranged, with regard to causing delays in the application, litigations, or even refusal of the application. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.

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Election Results Are In—Here’s How IP Disputes Policy May Change.

JD Supra Law

Intellectual property policy may not have driven many voters to the polls on November 7, but change was on the ballot. Below, we summarize changes in U.S. intellectual property law that you might see starting in January 2025.

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Masimo Can't Tie Alleged IP Theft To Apple Profits, Expert Says

IP Law 360

An Apple expert witness defended the company Tuesday in a California federal bench trial over Masimo's claim that the tech giant stole pulse oximetry trade secrets for its popular smartwatch, testifying Masimo cannot tie any value to the purported secrets and that Apple's profits can't be attributed to the watch's blood oxygen features.

IP 52
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IPO Diversity in Innovation Toolkit

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.

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Teva v. Amneal -- Amneal's Responsive Brief

JD Supra Law

The Federal Circuit has been petitioned by plaintiff Teva Branded Pharmaceutical Products R&D, Inc. to reverse a decision in favor of Defendant Amneal Pharmaceuticals, wherein the District Court entered an injunction ordering Teva to delist five Orange Book-listed patents, in Teva Pharms. Inc. v. Amneal Pharms. LLC. This post concerns Amneal's response to Teva's arguments in its Opening Brief.

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Future of Anti-Deepfake Federal Law Is Murky, Panel Says

IP Law 360

Panelists at a Los Angeles intellectual property conference that included attorneys and representatives of the U.S. Patent and Trademark Office, the U.S. Copyright Office and Microsoft agreed Tuesday that any federal legislation on deepfake technology must strike the difficult balance of punishing bad actors without stifling innovation.

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Controlled Digital Lending after Hachette Book Group, Inc. v. Internet Archive

JD Supra Law

The future of controlled digital lending (“CDL”), the digital equivalent of traditional library lending, is uncertain after the United States Court of Appeals for the Second Circuit’s judgment in Hachette Book Group, Inc. v. Internet Archive, which found Internet Archive liable for copyright infringement for its CDL practices.

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Oakland Airport Must Stop Using 'San Francisco Bay' In Name

IP Law 360

The Port of Oakland must stop using "San Francisco Bay" in its international airport's new name, a federal magistrate judge in California ruled Tuesday, saying in a trademark infringement suit that travelers might be confused into thinking the Oakland airport is affiliated or associated with San Franciso International Airport.

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[Webinar] Impact of Bill 96 on product trademarks: insights from new regulation, OQLF’s guidelines and discussions with the OQLF - November 26th, 12:00 pm - 1:00 pm ET

JD Supra Law

Join us for an insightful webinar on how to address the French Charter requirements for trademarks appearing on products, considering the recently issued Quebec regulation and the OQLF's new guidelines. Over this 60-minute session, you will learn practical strategies to navigate the requirements, with an opportunity for a Q&A with our preeminent trademark team.

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HIV Drug Buyers Want Gilead Product Switch Claims Revived

IP Law 360

Insurers and benefit plans are asking the Ninth Circuit to revive a chunk of their antitrust case against Gilead, arguing their claims that Gilead delayed generic competition to its HIV drugs by monopolizing the market should have new life.

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Spotlight On: Neulasta® (pegfilgrastim) / Fulphila® (pegfilgrastim-jmdb) / Udenyca® (pegfilgrastim-cbqv) / Ziextenzo® (pegfilgrastim-bmez) / Nyvepria®(pegfilgrastim-apgf) / Fylnetra™ (pegfilgrastim-apgf) / Stimufend® (pegfilgrastim-fpgk) - November 2024

JD Supra Law

Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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Amazon Beats Speech Recognition Patent Suit Over Alexa

IP Law 360

A federal judge in Virginia has decided that three patents initially issued to Japanese electronics company JVCKenwood Corp. "are ineligible for patent protection," sinking a patent litigation outfit's case targeting Amazon.com Inc.'s Alexa virtual assistant brand.

Patent 52
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Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - November 2024

JD Supra Law

Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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'Heat Machine' Maker's Trade Dress Win Clears 8th Circ.

IP Law 360

The Eighth Circuit on Tuesday affirmed a finding from a bench trial that cleared the Costco supplier behind the "Heat Machine" involved in "a complex intellectual property dispute" with the maker of the "HeatDish," a different machine that Costco also sells.

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Spotlight On: Rituxan® (rituximab) / Truxima® (rituximab-abbs) / Ruxience® (rituximab-pvvr) / Riabni™ (rituximab-arrx) - November 2024

JD Supra Law

Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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Big Tech Litigant's Latest Suit Vs. Google Tossed

IP Law 360

A Florida federal judge has granted Google's motion to dismiss a patent infringement and antitrust suit from web development company Greenflight targeting the search giant's reverse phone number lookup, ruling that the plaintiff's phone lookup service appearing low on Google's search results doesn't amount to standing to sue.

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Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) - November 2024

JD Supra Law

Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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Justices Told Fed. Circ. Overstep Claims Are 'Simply Incorrect'

IP Law 360

A unit of pharmaceutical company Alvogen on Tuesday urged the U.S. Supreme Court to reject a petition from the company whose blockbuster IBS drug it's hoping to copy, saying the "petition's fundamental premise" that the Federal Circuit went beyond its legal boundaries "is simply incorrect.

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Spotlight On: Herceptin® (trastuzumab) / Ogivri® (trastuzumab-dkst) / Herzuma® (trastuzumab-pkrb) / Ontruzant® (trastuzumab-dttb) / Trazimera® (trastuzumab-qyyp) / Kanjinti® (trastuzumab-anns) / Hercessi™ (trastuzumab-strf) - November 2024

JD Supra Law

Trastuzumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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Catfished Ex-NBA Player Says Atty Stole Cash, Blew Film Deal

IP Law 360

A former NBA player is suing his longtime attorney for legal malpractice in Colorado state court, claiming the attorney stole his money and failed to protect his intellectual property rights while negotiating the terms of a documentary deal about his victimization in an elaborate online catfishing scheme.

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Trademarks: Only Use in Commerce Establishes Ownership

JD Supra Law

Trademarks can be a business’s most valuable assets. Apple’s mark is estimated to be worth more than $355 billion. The Amazon mark lags behind by a hair at $350 billion. When the value of a company’s trademark can be so high, it makes good sense to carefully develop, grow and protect marks. Originally published in The Daily Record, October 2024.

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Deal Ends Google Patent Case Soon After Start Of $22.5M Trial

IP Law 360

A patent trial in New York federal court ended with a settlement Tuesday, shortly after counsel for Kewazinga Corp. told jurors that the Street View feature in Google Maps infringes its patents on navigating through images, and that Google owes $22.5 million in damages.

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Pacira Pharms., Inc. v. eVenus Pharms. Labs., Inc. - Exparel® (bupivacaine)

JD Supra Law

Case Name: Pacira Pharms., Inc. v. eVenus Pharms. Labs., Inc., Civ. No. 21-19829, 2024 WL 3812188 (D.N.J. Aug. 9, 2024) (Arleo, J.).

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Designers Can Pursue RICO Claims Against Shein In IP Suit

IP Law 360

A California federal judge has ruled that a group of independent designers can pursue racketeering claims against Shein Distribution Corp. and other defendants in a lawsuit where the plaintiffs accuse the online retailer of copyright and trademark infringement for allegedly copying and selling the designers' works.

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U.S. National Security and Competitiveness Begins with IP | IPWatchdog Unleashed

IP Watchdog

I invited Walt to join us for our annual life sciences program this year. My pitch was that we would have a one-on-one conversation that would not only make up the final segment of the program, but which would also be used for our IPWatchdog Unleashed podcast. He graciously accepted my invitation, and we sat down for this conversation on Wednesday, October 30.

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KFC Sues Chicken Rival Church's Over 'Original Recipe' TM

IP Law 360

KFC lodged a trademark infringement suit seeking to stop Church's Texas Chicken from using the term "original recipe" to promote its fried chicken, saying in a complaint filed Friday in Texas federal court that the term has been synonymous with KFC's chicken for more than 50 years.

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Novartis Battles Competitors Over Patent Disputes in Radiopharmaceuticals

Indiana Intellectual Property Law

Novartis is a Swiss pharmaceutical company known for developing innovative medicines and therapies, particularly in the radiopharmaceutical market. The company is taking steps to strengthen its position by filing lawsuits against competitors over alleged patent violations concerning its top cancer therapies, Pluvicto and Lutathera. These actions began in 2024 and involve Eli Lilly , its subsidiary, Point Biopharma , Lantheus , and Curium Pharma.

Patent 52
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Unsatisfied With $70M UTC Win, Sandoz Appeals To 3rd Circ.

IP Law 360

Sandoz Inc. has moved to appeal its already $70 million-plus breach of contract damages win over biopharmaceutical firm United Therapeutics Corp., teeing up a Third Circuit request to ask for more damages and to revive antitrust claims previously tossed by a New Jersey federal court.

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244 Trademark Registrations Issued to Indiana Entities in October 2024

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 244 trademark registrations to persons and businesses in Indiana in October 2024 based on applications filed by Indiana trademark attorneys: Registration Number Wordmark 7518951 SOUTHERN INDIANA 7519940 ANDERSON PREPARATORY ACADEMY JETS 7519942 ANDERSON PREPARATORY ACADEMY 2008 7532204 INDIANA FARMERS’ DAIRY BAR SINCE 1941 7534427 ENVIRON 7525981 PILLARS OF TRANSFORMATION 7552495 DRY PAWS 7531029 DARK HORSE POST &