Erik K Pelton
SEPTEMBER 26, 2024
There are several different forms of intellectual property. The three that can be registered – in different ways and for different lengths – are patents, trademarks, and copyrights. A patent generally protects inventions while a copyright protects an original work of creativity. A trademark protects something that indicates the source of goods or services — generally a brand name, logo, or slogan.
IP Watchdog
SEPTEMBER 26, 2024
Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. The Review Board of the U.S.
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The IPKat
SEPTEMBER 26, 2024
Yesterday, the Constitutional Court of Belgium issued a ruling in joined cases 7922, 7924, 7925, 7926, 7927, concerning the validity of the Belgian law that transposed Directive (EU) 2019/790 [DSM Directive; see an earlier post on this case here ]. The ruling stays the proceedings and refers 13 questions to the Court of Justice of the European Union (CJEU).
IP Watchdog
SEPTEMBER 26, 2024
Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. The Review Board of the U.S.
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?
TorrentFreak
SEPTEMBER 26, 2024
App stores are littered with apps that promise free access to music, but only a few live up to expectations. Musi is one of them. The music app first made headlines in 2016 when its founders, who were teenagers at the time, presented their brainchild in an episode of the Canadian edition of Dragons’ Den. The software itself works relatively simply. Musi can stream music, sourced from YouTube, and allows users to create and share playlists.
IP and Legal Filings
SEPTEMBER 26, 2024
Geographical Indications (herein referred to as G.I.) is a tool that enhances and maintains the oddity of a particular kind of product that arises from a specific location and is widely known as the speciality of that particular location. These G.I. tags are often backed and supported by traditions and cultural practices. This helps the product to maintain its originality and quality.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
SEPTEMBER 26, 2024
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed. And with an on-the-ground team in Germany, France, the United Kingdom and the United States, we offer a unique cross-border perspective.
SpicyIP
SEPTEMBER 26, 2024
Calcutta High Court in the 1860s. Image from here. On September 20, the notification for the Calcutta High Court’s IP Division Rules were published in the Kolkata Gazette, making it the newest High Court, after Delhi and Madras, to have its own dedicated IP Division and relevant Rules. These Rules, officially called as “The Intellectual Property Rights Division Rules of the High Court at Calcutta, 2023”, (Cal HC IPD Rules or Final Rules) are drafted consequent to the abolition of the Intellectua
JD Supra Law
SEPTEMBER 26, 2024
The Federal Circuit dismissed Platinum Optics Technology Inc.’s (PTOT) appeal from an IPR decision, finding the challenged claims of Viavi’s U.S. Patent No. 9,354,369 not unpatentable, because PTOT failed to establish an injury in fact sufficient to confer standing on appeal.
IP Watchdog
SEPTEMBER 26, 2024
TTI Consumer Power Tools, Inc. has an opening in its growing Anderson, SC headquarters for an IP Paralegal. This individual would report to the Director of IP & Assistant General Counsel and provide professional and administrative support to the organization's Intellectual Property and Legal Departments. This position is hybrid and would require 2-3 days on-site at the Anderson campus.
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
SEPTEMBER 26, 2024
Vascular Solutions LLC, et al. v. Medtronic, Inc., et al., No. 2024-1398 (Fed. Cir. (D. Minn.) Sept. 16, 2024). Opinion by Mazzant (sitting by designation), joined by Moore and Prost.
Copyright Alliance
SEPTEMBER 26, 2024
Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. Growing up in Michigan, high school policy debate let […] The post How A Strong Copyright System Benefits the United States appeared first on Copyright Alliance.
JD Supra Law
SEPTEMBER 26, 2024
Offering your software product under an open-source software (OSS) license has its advantages. By making the source code of your product available for redistribution and modification, and in many instances at no cost, you may drive widespread adoption of your software at an accelerated pace. It’s even more likely if your software is licensed under so-called “permissive” terms, such as the MIT license or Apache License, Version 2.0 (ASLv2).
The IPKat
SEPTEMBER 26, 2024
The IPKat has received and is pleased to host the following guest contribution by Ian Gill (AA Thornton), who moves from a recent appeal against a trade mark decision of the UK Intellectual Property Office (IPO) to discuss - more generally - appeals in IPO practice. Here's what Ian writes: Xactware Solutions Inc. vs. Buildxact Software Ltd : Four Appeals and a Recusal by Ian Gill In some cases, a successful appeal results in the case being remitted back to a lower tribunal to reconsider the deci
JD Supra Law
SEPTEMBER 26, 2024
Addressing for the first time whether a functional limitation must carry the same meaning in all claims, the US Court of Appeals for the Federal Circuit determined that it need not, vacating a district court decision to the contrary. Vascular Sol. LLC v. Medtronic, Inc., Case No. 2024-1398 (Fed. Cir. Sept. 16, 2024) (Moore, Prost, JJ.; Mazzant, Dist.
IP Law 360
SEPTEMBER 26, 2024
A BigLaw attorney and consumer advocates found common ground during the seventh annual Berkeley Law AI Institute on Thursday expressing concerns that courts won't timely adjudicate copyright claims against OpenAI and others, while an FTC attorney noted the commission is already enforcing the Federal Trade Act against companies for over-hyping their AI.
JD Supra Law
SEPTEMBER 26, 2024
The US Court of Appeals for the Second Circuit clarified its standards for establishing personal jurisdiction over foreign defendants that conduct business over the internet. American Girl, LLC v. Zembrka, DBA www.zembrka.com; www.daibh-idh.com, Case No. 21-1381 (2d Cir. Sept. 17, 2024) (Cabranes, Parker, Kahn, JJ.).
IP Law 360
SEPTEMBER 26, 2024
The National Collegiate Athletic Association and the athletes suing over the organization's name, image and likeness compensation rules on Thursday presented some clarifications to their proposed $2.78 billion antitrust settlement after a California federal judge took issue with some of the deal's terms.
JD Supra Law
SEPTEMBER 26, 2024
In Jack Daniel’s v. VIP Products, the U.S. Supreme Court was asked to decide whether a chewable “Bad Spaniels” dog toy shaped like a bottle of Jack Daniel’s whiskey violated Jack Daniel’s trademark rights. VIP claimed its dog toy was First Amendment free speech under the Rogers test—which protects unauthorized trademark use if the use is artistically relevant and not explicitly misleading.
IP Law 360
SEPTEMBER 26, 2024
The First Circuit on Thursday rejected an appeal from a former DraftKings executive looking to undo his noncompete contract, ruling that Massachusetts law — not California law — applies to his agreement with his Boston-based former employer and that an injunction barring him from competing with DraftKings stands.
JD Supra Law
SEPTEMBER 26, 2024
On September 23, 2024, Regeneron’s motion for a preliminary injunction against the commercial launch of Amgen’s EYLEA® (aflibercept) biosimilar Pavblu™ (aflibercept-ayyh) was denied in Case No. 1:24-cv-00039 (N.D.W. Va.) / MDL 1:24-md-03103 (N.D.W. Va.).
IP Law 360
SEPTEMBER 26, 2024
A disbarred North Carolina attorney's sprawling Freedom of Information Act lawsuit over U.S. Patent and Trademark Office documents should be tossed, a magistrate judge recommended Thursday, finding the government immune and most of the claims already litigated.
JD Supra Law
SEPTEMBER 26, 2024
In a sealed order that issued on September 24, 2024, the District Court for the Northern District of West Virginia denied a preliminary injunction against Amgen in the aflibercept BPCIA litigation. .
IP Law 360
SEPTEMBER 26, 2024
A former Fort Worth, Texas-based Bell Helicopter Textron Inc. engineer claimed a supplier at the center of a $100 million trade secrets lawsuit delivered parts that had "reliability issues," saying Thursday during a trial in Texas state court that the supplier had long-standing problems.
JD Supra Law
SEPTEMBER 26, 2024
The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, pa-tentees are granted exclusive rights to that invention for a period of time. This ensures that patentees are adequately compensated for their innovation and society at large benefits from the patent’s disclosure. This balance is now broken.
IP Law 360
SEPTEMBER 26, 2024
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
JD Supra Law
SEPTEMBER 26, 2024
Most companies recognize patent portfolios as valuable business assets. They protect the investments made in research and development, and the efforts to bring products to market. As businesses evolve, and that cycle has only become shorter, patent portfolios should follow.
IP Law 360
SEPTEMBER 26, 2024
A man and his wife involved in the sale of gray market diabetes test strips on Tuesday were unable to persuade the Second Circuit to undo the $33.4 million judgment they owe to Abbott Laboratories after a federal judge stripped them of their right to a jury trial.
Likelihood of Confusion
SEPTEMBER 26, 2024
Originally posted 2006-01-23 14:26:54. Republished by Blog Post PromoterHigh court declines to review RIM patent ruling The U.S. Supreme Court on Monday pushed the maker of the BlackBerry e-mail device a step closer to a possible shutdown of U.S. service, refusing to review a major patent infringement ruling against the company. The high court rejected […] The post Blackberry harvest coming soon?
IP Law 360
SEPTEMBER 26, 2024
A Colorado artist who created the first image generated by artificial intelligence to win an award at the state's fair sued the U.S. Copyright Office on Thursday, saying the agency wrongly rejected his application to register his work because it was not made by a human author.
IP Watchdog
SEPTEMBER 26, 2024
In May 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a pivotal decision in Snaprays (SnapPower) v. Light Defense Group (LDG) that reshaped how patent owners enforce their rights using third-party platforms like Amazon. The ruling reversed a district court’s dismissal of a declaratory judgment suit, finding that a patent owner’s use of Amazon’s Patent Evaluation Express (APEX) program exposed the patent owner to personal jurisdiction in an unexpected state.
IP Law 360
SEPTEMBER 26, 2024
Atlanta-headquartered Edible Arrangements has hit the American Zurich Insurance Co. with a breach of contract suit seeking at least $4.2 million, claiming the insurer refused to defend and indemnify it against counterclaims stemming from a trademark suit it filed against another company.
Patently-O
SEPTEMBER 26, 2024
by Dennis Crouch In the ongoing debate over the proper standard for issuing injunctions in patent cases, a 240-year-old English Chancery decision has taken on renewed significance. Horton v. Maltby , LI Misc MS 112 (Ch. 1783), provides a window into the traditional principles of equity that modern U.S. courts are instructed to apply when considering injunctive relief for patent infringement.
IP Law 360
SEPTEMBER 26, 2024
U.S. District Judge Alan Albright has ruled that the presence of car dealerships in the Western District of Texas, a popular patent jurisdiction, is not enough to keep a patent lawsuit against Swedish carmaker Volvo in his Waco courtroom, transferring the case brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.
The TTABlog
SEPTEMBER 26, 2024
The USPTO refused to register the proposed mark AMERICAN CLOUD (in standard character form) for various cloud-based computer services [CLOUD disclaimed], finding the mark to be primarily geographically descriptive under Section 2(e)(2). Applicant acknowledged that its services originate in the United States but argued that the primary significance of the term AMERICAN is not geographic because it "shows [Applicant’s] commitment to 'American' values dealing with freedom, innovation and persistenc
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