IP Law 360
AUGUST 30, 2024
As Hytera Communications said Friday that its massive radio redesign was enough to show it shouldn't be held in contempt for allegedly continuing to use stolen Motorola Solutions trade secrets, an Illinois federal judge interrupted to ask why Hytera didn't ask the court for more guidance to better target its efforts.
JD Supra Law
AUGUST 30, 2024
As generative artificial intelligence continues to revolutionize business operations across industries, it has become imperative for companies to establish robust internal policies governing its use by employees. This alert aims to provide a high-level explanation of some of the critical aspects of drafting such policies, highlighting key considerations and potential pitfalls.
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TorrentFreak
AUGUST 30, 2024
Most anti-piracy campaigns of the last four or five decades feature a direct order (Don’t Pirate) followed by some additional information for people to consider before making an informed choice. The direct order “Don’t Pirate” has never changed, but it only becomes effective when paired with a reason to abstain, ideally something that provokes consideration of the consequences.
JD Supra Law
AUGUST 30, 2024
As Congress is on its August recess, litigation over digital asset issues continued with major developments in the Yuga Labs trademark case and the SEC cases against Kraken and Consensys. While these matters all involve factual underpinnings specific to blockchain technology, the resulting rulings will have implications far surpassing the specific facts of those cases, including how courts rule on certain trademark and venue disputes going forward.
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?
The IPKat
AUGUST 30, 2024
In a recent decision ( [2024] EWHC 1727 (IPEC) ) on exhaustion of trade marks , the Intellectual Property Enterprise Court (IPEC), a section of the High Court of England & Wales, held that AGA Rangemaster Group Limited (AGA) had legitimate reasons to object to the sales and marketing activities of a company which sold second-hand AGA cookers retrofitted with an electronic control system.
JD Supra Law
AUGUST 30, 2024
Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss this exclusive discussion with leading IP lawyers from Canada and Australia.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
AUGUST 30, 2024
Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss this exclusive discussion with leading IP lawyers from Canada and Australia.
IP Law 360
AUGUST 30, 2024
A proposed class of nearly 1.45 million SmileDirectClub teeth-aligner buyers urged a California federal judge Thursday to preliminarily sign off on Align Technologies Inc.'s $27.5 million cash and coupon settlement to resolve antitrust claims alleging the company colluded with the now-bankrupt SmileDirecClub to illegally restrict competition.
JD Supra Law
AUGUST 30, 2024
On August 20, 2024, the Federal Trade Commission (FTC) filed a comment letter in support of the Food and Drug Administration’s (FDA’s) June 2024 draft guidance on biosimilar interchangeability (the “Draft Guidance”). When finalized, the Draft Guidance will update a previously issued FDA guidance (the “2019 Interchangeability Guidance”) to remove a recommendation that a biosimilar applicant conduct switching studies to demonstrate the interchangeability of its biosimilar product with the.
IP Law 360
AUGUST 30, 2024
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
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.
JD Supra Law
AUGUST 30, 2024
The US Court of Appeals for the Seventh Circuit affirmed a district court’s denial of a jury trial, concluding it was harmless error because the defendant would have been entitled to a directed verdict regardless. Overwell Harvest Ltd. v. Trading Techs. Int’l, Inc., Case No. 23-2150 (7th Cir. Aug. 12, 2024) (Kirsch, Pryor, Kolar, JJ.).
IP Law 360
AUGUST 30, 2024
A United Kingdom school software company is no longer facing antitrust scrutiny over alleged litigation threats against schools looking to switch providers, but the firm continues to suggest that it may take action against the "misuse of its intellectual property" that it says complaints to authorities were meant to hide.
JD Supra Law
AUGUST 30, 2024
A group of senators introduced an update to the ‘No Fakes Act,’ which protects the voice and visual likeness of individuals from unauthorized AI-generated recreations. Scott Hervey and James Kachmar discuss the changes to this act on this episode of The Briefing.
IP Law 360
AUGUST 30, 2024
The Ninth Circuit on Friday affirmed a lower court's denial of a request by software company Proofpoint Inc. for exemplary damages that could have doubled its $13.5 million trade secret theft verdict, ruling that any error the district court made in denying the damages is harmless.
JD Supra Law
AUGUST 30, 2024
The US Court of Appeals for the Fifth Circuit, in dismissing a trademark infringement matter under Rule 12(b)(6) for failure to state a claim, ruled that a district court “erroneously assumed the veracity” of the defendants’ assertions over the “well-pleaded factual allegations” in the plaintiff’s complaint. Molzan v. Bellagreen Holdings, LLC, Case No. 23-20492 (5th Cir.
IP Law 360
AUGUST 30, 2024
A Federal Circuit ruling that Patent Trial and Appeal Board decisions can render patent claims invalid in later U.S. Patent and Trademark Office proceedings is "contrary to the patent laws and congressional intent," a patent owner said Friday seeking rehearing in a case that could increase scrutiny of some patents.
JD Supra Law
AUGUST 30, 2024
In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to dismiss almost all of the claims asserted against them. .
IP Law 360
AUGUST 30, 2024
A Western District of Texas jury hit Cisco Systems with a $65.7 million verdict on Thursday for directly infringing Paltalk's patent related to hybrid audio servers, finding that Cisco infringed and failed to prove certain claims were invalid.
JD Supra Law
AUGUST 30, 2024
While the genus antibody claim was effectively killed by the U.S. Supreme Court in Amgen v. Sanofi, it lives on in Europe despite a few recent setbacks at the European Patent Office ("EPO") and the Unified Patent Court ("UPC").
IP Law 360
AUGUST 30, 2024
An Oklahoma City legal marketing company has acknowledged in a court filing that it uses trademarks associated with a Texas lawyer in its online keyword advertising, but it said the practice is lawful and that the Texas lawyer waited too long to complain and hasn't shown actual harm from it.
JD Supra Law
AUGUST 30, 2024
In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues upon the copyright owner’s discovery of the infringement or when the copyright owner (in the exercise of due diligence) should have discovered the infringement.
IP Law 360
AUGUST 30, 2024
Two professional audiobook narrators have sued speech synthesis software company ElevenLabs Inc. in Delaware federal court, saying the company used generative artificial intelligence to clone their voices without consent or compensation and is now profiting by letting customers use their voice clones "Bella" and "Adam" for free.
JD Supra Law
AUGUST 30, 2024
As part of our series on trademarks as critical assets for businesses, this article discusses the importance of selecting and clearing a new or altered trademark for use and registration in the United States. Trademark selection and clearance are essential steps for avoiding costly and time-consuming disputes, securing exclusive rights, and building a strong brand identity.
IP Law 360
AUGUST 30, 2024
Singer Barry Manilow has hit British music royalties outfit Hipgnosis with a California federal court lawsuit alleging he was falsely promised a "Copacabana dance trend" on TikTok, the marketing of a "Copacabana" drink kit and over a million dollars in bonuses.
JD Supra Law
AUGUST 30, 2024
In Natera Inc. v. NeoGenomics Laboratories, Inc. the Federal Circuit affirmed the District Court's grant of a preliminary injunction against NeoGenomics in patent infringement litigation involving Natera's U.S. Patent Nos. 11,519,035 and 11,530,454 directed to methods for amplifying targeted genetic material and methods for detecting variations in genetic material indicative for diseases and disorders, respectively.
IP Law 360
AUGUST 30, 2024
An embattled Pennsylvania-based bank has sought bankruptcy protection following its high-profile seizure by federal authorities as it grappled with $1.3 billion in debt, according to its latest filing in a trade secrets misappropriation suit.
JD Supra Law
AUGUST 30, 2024
Addressing invalidity due to obvious-type double patenting (ODP) based on later-filed-related patents, the US Court of Appeals for the Federal Circuit reversed a district court’s application of In re Cellect (Fed. Cir. 2023) and held that the later-filed, earlier-expiring continuation patents were not available as ODP references against the earlier-filed, later-expiring patent.
Likelihood of Confusion
AUGUST 30, 2024
Originally posted 2013-03-21 13:15:19. Republished by Blog Post PromoterMichael Atkins asks, “Are Anti-Genericism Ads Effective”? Good post. Bad word, “genericism” — I don’t blame Mike; a lot of trademark lawyers use this term. To me an “ism” is an ideology (or a medical condition!). I prefer the term “genericness.” Just saying.
JD Supra Law
AUGUST 30, 2024
On August 28, 2024, the Federal Circuit issued a precedential decision regarding issue preclusion in Wisc. Alumni Research Found. v. Apple Inc., Nos. 2022-1884, 2022-1886. For issue preclusion to apply, “the issue actually litigated in the first action must be identical to the issue in the second action,” see Op. at 26, but “the factors and tests [need not] be identical for issues to be identical.
IP Law 360
AUGUST 30, 2024
Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.
JD Supra Law
AUGUST 30, 2024
A group of senators introduced an update to the ‘No Fakes Act,’ which protects the voice and visual likeness of individuals from unauthorized AI-generated recreations. Scott Hervey and James Kachmar discuss the changes to this act on this episode of The Briefing.
IP Law 360
AUGUST 30, 2024
A Pennsylvania clothing manufacturer panned Nike Inc.'s alleged "intransigence" and obstructive conduct in fighting a trademark infringement lawsuit, as the business pushed for attorneys fees in federal court following a remand from the Third Circuit.
JD Supra Law
AUGUST 30, 2024
The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District Court in the Southern District of New York vacated a 9-figure damages award for TriZetto on its trade secret and copyright claims.
IP Law 360
AUGUST 30, 2024
In this week’s Off The Bench, the NFL shakes up its ownership rules and joins the rest of the pro sports world, while a former NBA player says his agency is trying to cling to him after he moved on. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
JD Supra Law
AUGUST 30, 2024
In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit affirmed a district court’s decision finding that a pro se Californian artist failed to establish that an Italian artist had reasonable opportunity to access the copyrighted work simply because it was available to view on the internet. Morford v. Cattelan, Case No. 23-12263 (11th Cir.
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