Plagiarism Today

NOVEMBER 21, 2024

As the use of generative AI becomes more common, we need a rubric to discuss it. Here is one early attempt to do so. The post The Gradient of AI Usage appeared first on Plagiarism Today.

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TorrentFreak

NOVEMBER 21, 2024

In recent years, rightsholders of major sports events have repeatedly complained that piracy of live sports is getting out of hand. Increasingly, lawmakers and law enforcement were asked to help out. This week, these calls were heard. 247TVStream Shutdown and Indictment The Department of Justice for the Eastern District of New York announced that it had effectively shut down a major pirate IPTV streaming operation, 247TVStream.

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JD Supra Law

NOVEMBER 21, 2024

The Bermuda Government passed a new trade marks legislation, the Trade Marks Act 2023 which is expected to be enacted in early 2025. The new Act closely mirrors the UK Trade Marks Act 1994 (as amended), and seeks to standardise Bermuda’s trade marks legislation in line with most other common law jurisdictions. It also makes provision for protections afforded under the Paris Convention and international applications under the Madrid Protocol once those International treaties have been extended to

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Technology & Marketing Law Blog

NOVEMBER 21, 2024

Yay, I’m blogging about more crypto losses. An investor bought LDO tokens issued by the Lido DAO (“Decentralized Autonomous Organization”), which is an Ethereum staking service capitalized by token sales, and lost money. Everyone apparently agrees the tokens were unregistered securities, which sounds like a problem. The question is: for whom?

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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

JD Supra Law

NOVEMBER 21, 2024

The Court of Appeal (CoA) of the Unified Patent Court (UPC) addressed a request for suspensive effect of an appeal and ruled that managing directors of an alleged patent-infringing company cannot be held liable as “intermediaries” under Article 63 of the Agreement on a Unified Patent Court (UPCA). Koninklijke Philips NV v. Belkin GmbH, UPC_CoA_579/2024, ORD_53377/2024 (UPC CoA Oct. 29, 2024) (Rombach, J.).

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IP Law 360

NOVEMBER 21, 2024

The Senate Judiciary Committee on Thursday narrowly voted to advance a bill that would impose new restrictions on Patent Trial and Appeal Board challenges, with several members expressing concern that it could drive up the cost of prescription drugs.

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IP Law 360

NOVEMBER 21, 2024

A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

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Likelihood of Confusion

NOVEMBER 21, 2024

Originally posted 2010-11-09 10:15:18. Republished by Blog Post Promoter[stextbox id=”info”]Raymond J. Dowd, author of the Copyright Litigation Blog (and much else!), sent along this note by email concerning a case that would probably interest to mamy LIKELIHOOD OF CONFUSION® readers. Because he is a man of discretion and high ethical standards, he is not blogging […] The post The litigation of art appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright Alliance

NOVEMBER 21, 2024

There is a recurring argument made by many generative AI companies and their supporters that getting permission to use copyright-protected material to train AI models is overly burdensome and would […] The post Generative AI Licensing Isn’t Just Possible, It’s Essential appeared first on Copyright Alliance.

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Licensing Copyright 72

JD Supra Law

NOVEMBER 21, 2024

In Copan Italia S.p.A. et al. v. Puritan Medical Products Company LLC et al., the Federal Circuit addressed the issue of whether the Federal Circuit had jurisdiction to handle an appeal based on arguments under the Pandemic Readiness and Emergency Preparedness (“PREP”) Act.

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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

Cogency Global

NOVEMBER 21, 2024

What this is:  There are many legal and financial details to be considered when working on commercial real estate financing transactions. What this means:  Partnering with a knowledgeable service provider as a one stop shop to support the services included in this article will help streamline your transaction. We explain why.

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JD Supra Law

NOVEMBER 21, 2024

The Manual of Patent Examining Procedure (“MPEP”) is the examination manual used internally at the United States Patent & Trademark Office (“USPTO”) to guide examiners in the process of examining patent applications. In practice, patent applicants frequently rely on the contents of the MPEP during patent prosecution to guide their arguments and hold examiners accountable to their legal obligations during patent examination.

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Selvam & Selvam Blog

NOVEMBER 21, 2024

The appellants, Intervet International B.V. and Microbial Chemistry Research Foundation, filed an appeal against the Deputy Controller of Patents & Designs for refusing a patent application for solvated and non-solvated crystalline forms of 20,23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The invention was claimed to exhibit enhanced stability, economic significance, and technical advancements over prior art.

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JD Supra Law

NOVEMBER 21, 2024

Miller Mendel Inc. filed a lawsuit against the City of Anna, Texas (“the City”), in the U.S. District Court for the Eastern District of Texas, alleging infringement of Claims 1, 5, and 15 of U.S. Patent No. 10,043,188 (the “’188 patent”). The ’188 patent primarily pertains to a software system designed to manage pre-employment background investigation processes.

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IP Law 360

NOVEMBER 21, 2024

Citibank NA on Wednesday accused two of its former bankers of jumping ship to instead work for competitor Bank of Montreal — and with confidential information regarding Citibank law firm and attorney clients, according to a suit filed in California federal court.

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JD Supra Law

NOVEMBER 21, 2024

On November 15, 2024, the US Senate Judiciary Subcommittee on Intellectual Property advanced the Inventor Diversity for Economic Advancement (IDEA) Act, one of three significant bills it considered this year to reform the patent system. The other two bills, the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, may soon follow, although it is unlikely any will become law before the new Congress begins on.

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IP Law 360

NOVEMBER 21, 2024

A former Google engineer must immediately cease publishing confidential company information and remove social media posts that reveal Pixel device trade secrets, a Texas federal judge ruled Wednesday, after the tech giant sought an emergency restraining order on allegations its former employee is continuing to "maliciously" leak internal files.

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JD Supra Law

NOVEMBER 21, 2024

Inline Plastics Corp. (“Inline”) filed a lawsuit against Lacerta Group, LLC (“Lacerta”), alleging infringement of several patents related to tamper-resistant containers and methods of making such containers using thermoformed plastic. The district court granted Inline summary judgment of infringement on a subset of claims, but the jury found that the remaining asserted claims were not infringed and that all the asserted claims (including those already held infringed) were invalid.

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Patent 62

IP Law 360

NOVEMBER 21, 2024

Social media influencer Logan Paul's sports beverage company Prime Hydration has struck back at the maker of White Claw over its new beverage collaboration with soccer legend Lionel Messi, saying in a New York federal court filing that the "blatant copying" of their Prime product's trade dress has already created consumer confusion.

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JD Supra Law

NOVEMBER 21, 2024

The USPTO has published its final rule setting patent fees that will take effect January 19, 2025. The final rule steps back from some of the new fee structures proposed in April 2024, but still could have a significant impact on design patent practice, continuing application practice, and Information Disclosure Statement practice, among other areas.

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IP Law 360

NOVEMBER 21, 2024

A patent attorney urged the Ninth Circuit on Thursday to revive False Claims Act allegations against Allergan over dementia drug patents, arguing his client used his expertise to discover the patents were fraudulently issued to block generics and that these are the kinds of FCA cases the government welcomes from experts.

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JD Supra Law

NOVEMBER 21, 2024

The recent Patent Trial and Appeal Board (PTAB) decision Ex Parte Baurin reversed an Examiner rejection for obviousness-type double patenting (ODP) in U.S. Application No. 17/135,529 over the later-filed, later-expiring unrelated U.S. Patent No. 10,882,922 (timeline below). The USPTO Examiners routinely reject patent applications for ODP over later-filed, later-expiring unrelated patents because Examiners use the pre-URAA standard of issue date to determine the reference patent without.

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IP Law 360

NOVEMBER 21, 2024

A federal judge in Maine on Thursday tossed a case by lobster fishermen suing to keep their fishing routes secret from state observation, but the judge encouraged the lobstermen to appeal the ruling so that a federal appeals court can wade into this "significant" Fourth Amendment dispute.

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JD Supra Law

NOVEMBER 21, 2024

On November 15, 2024, the U.S. Trademark Office issued a final rule that will not only cost trademark owners more in 2025, but also change the way applications are filed going forward. The new rules and fees are set to go into effect on January 18, 2025, (except for the new Section 66 filing fee, which does not go into effect until February 18, 2025).

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IP Law 360

NOVEMBER 21, 2024

Groups representing patent owners and inventors want the U.S. Supreme Court to take up a challenge to the Federal Circuit's practice of affirming decisions from the Patent Trial and Appeal Board with one-line orders.

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SpicyIP

NOVEMBER 21, 2024

Image from here Recently, WIPO published its 2024 IP Indicator , capturing the trends in the global IP filing and their administration. The 2024 Indicator focuses on the developments from 2023 and compares it with the figures from 2022. As the name suggests, the report features facts and figures about different types of IPRs, but this post is limited to the numbers on Patents, specifically focusing on data about the Indian patent regime.

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IP Law 360

NOVEMBER 21, 2024

The Federal Circuit on Thursday affirmed a lower court's finding that pet technology company Tomofun's Furbo pet camera didn't infringe a pet communication patent, agreeing that the product at issue didn't cover key patent language.

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JD Supra Law

NOVEMBER 21, 2024

On October 31, 2024, the European Commission (EC) fined Teva 462.6 million euros (US$503 million) for abusing its dominant position to delay competition to Copaxone (glatiramer acetate), its blockbuster multiple sclerosis pharmaceutical. This groundbreaking decision confirms that European Union antitrust enforcement in the pharmaceutical sector remains a priority and continues to attract novel theories of harm, and that infringements draw serious financial exposure.

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IP Law 360

NOVEMBER 21, 2024

A glass processing equipment distributor asked a North Carolina court to toss a Finnish competitor's patent infringement suit, arguing that it had no knowledge of the patents it allegedly "willfully" copied.

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IP Watchdog

NOVEMBER 21, 2024

One week after markup was postponed to give those with concerns more time to get on board, and following several previously postponed markup hearings, the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act) has now moved from the Senate Judiciary Committee to the Senate floor for a full vote. The bill moved forward by a vote of 11-10.

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IP Law 360

NOVEMBER 21, 2024

Lawyers for The New York Times and other newspapers suing Microsoft and OpenAI over allegedly using copyright-protected news stories to train ChatGPT now say that a week's worth of their search result data was accidentally erased by OpenAI engineers.

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JD Supra Law

NOVEMBER 21, 2024

Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 62 biosimilars have been approved, 41 of which have launched. Notably, since our last update, Amgen filed suit against Fresenius Kabi alleging infringement of 33 patents relating to Fresenius Kabi’s biosimilars to PROLIA and XGEVA.

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IP Law 360

NOVEMBER 21, 2024

Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

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JD Supra Law

NOVEMBER 21, 2024

Article 22.3 of the Chinese Patent Law prescribes that: inventiveness means that, as compared with the prior art, the invention has prominent substantive features and represents a notable progress. With regard to the criteria for determining a “notable progress”, the Guidelines for Patent Examination provides that in the inventiveness determination for an invention, an important criterion for determining a “notable progress” is that the invention can produce advantageous technical effect as.

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IP Law 360

NOVEMBER 21, 2024

A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.

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