Hugh Stephens Blog
SEPTEMBER 23, 2024
It is a foggy Friday when a report out of the US heaps praise on Canada for anything in the area of intellectual property. But surprise, it just happened!
JD Supra Law
SEPTEMBER 23, 2024
On August 22, 2024, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals, PLC (collectively Hikma), filed a petition for rehearing en banc, asking the US Court of Appeals for the Federal Circuit to reconsider its recent decision on induced infringement by generic drug companies that use a “skinny label.” Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., No. 2023-1169 (Fed.
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TorrentFreak
SEPTEMBER 23, 2024
As reported last week, an order published in Argentina dated September 13, 2024, revealed that local ISPs are now required to block dozens of Magis TV-linked domains for violating intellectual property law. In total, 69 domains (full list in our earlier report ) must be blocked so that internet users cannot access them from anywhere inside Argentinian territory.
JD Supra Law
SEPTEMBER 23, 2024
Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists who are less concerned with economic remedies and more concerned with the integrity of their works?
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?
Nelligan Law
SEPTEMBER 23, 2024
Reading Time: 2 minutes Car insurance can be confusing, especially when you’re a passenger in a car accident. Even if you don’t own a vehicle or have insurance, you may still be entitled to benefits and having your medical costs covered. The legal side of things can be even more surprising—believe it or not, you might have a case against the driver of the car, even if they’re a friend or family member.
JD Supra Law
SEPTEMBER 23, 2024
As folks prepare their estate documents, they need to consider who they want to receive their assets, house(s), vehicle(s), or that Bob Ross painting they found at a garage sale 20 years ago. What many people don’t think about is what will happen to their trademark after they pass away, assuming they own a business in whole or in part.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
SEPTEMBER 23, 2024
The California legislature recently passed Assembly Bill 2013 (AB 2013) on August 27, 2024, a measure aimed at enhancing transparency in AI training and development. If signed into law by Governor Gavin Newsom, developers of generative AI systems or services that are made available to Californians would be required to disclose significant information on the data used to train such AI systems or services.
IP Law 360
SEPTEMBER 23, 2024
A Brooklyn federal judge on Monday ordered Martin Shkreli to update the court on how many tracks he copied from a one-of-a-kind Wu-Tang Clan album after the cryptocurrency group that now owns the work argued Shkreli could be holding out on surrendering all his copies amid the parties' legal battle.
The Illusion of More
SEPTEMBER 23, 2024
Last week, oral arguments were presented before the D.C. Circuit Court of Appeals on the question of whether copyright protection is conditioned on human authorship. Dr. Stephen Thaler, developer of a Gen AI he calls “Creativity Machine,” submitted a visual work made entirely by that machine to the U.S. Copyright Office for registration in 2022. […] The post The Human Condition is Inherent to Copyright Law appeared first on The Illusion of More.
IP Law 360
SEPTEMBER 23, 2024
The Federal Circuit on Monday opted to leave unchanged a handful of rulings from the Patent Trial and Appeal Board involving a Qualcomm patent that was challenged by Intel.
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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 23, 2024
Some years back, a young Kenyan graduate, working as an intern for a public state corporation, developed an innovative solution that earned his employer a global innovation award. However, his application for intellectual property rights was ignored by his employer, who continued to bask in the fame and glory of the global award.
IP Watchdog
SEPTEMBER 23, 2024
Imagine this – you’re a content creator tipping your toe into the turbulent waters known as TikTok. Amid a sea of compelling content, you labor over every video, ensuring each captured moment is as catchy and clever as the next. Until one day – it happens. One of those carefully crafted sound bites becomes a viral sensation. The phrase catapults you to stardom and is suddenly a staple in content everywhere.
JD Supra Law
SEPTEMBER 23, 2024
In a rare exercise of authority through a sua sponte director review, US Patent and Trademark Office (USPTO) Director Kathi Vidal affirmed the Patent Trial and Appeal Board (PTAB)’s decision to sanction patent owner Longhorn Vaccines & Diagnostics LLC (Longhorn) in light of Longhorn’s misconduct in withholding and suppressing relevant evidence to the PTAB and petitioner, Spectrum Solutions LLC (Spectrum).
The IPKat
SEPTEMBER 23, 2024
The more precise a geographical indication refers to a specific location, the less distinctive it seems to be, at least according to the case law of the General Court. This counter-intuitive result has been confirmed recently in invalidity proceedings concerning the trade mark ‘Hinterland’. Background On 9 September 2019, an individual filed for registration of the EU trade mark no. 018121682 ‘Hinterland’.
JD Supra Law
SEPTEMBER 23, 2024
A case pending in the Ninth Circuit Court of Appeals highlights the importance of negotiating the term of royalty payments in the license of Food and Drug Administration (FDA)-regulated products. This is particularly notable when the timeline for FDA approval of the licensed product is unknown, and boilerplate language is used to extend royalty payments beyond patent expiry.
The TTABlog
SEPTEMBER 23, 2024
The TTAB affirmance rate for Section 2(d) appeals is running at 90% so far this year. Here are three recent decisions. How do you think they came out? No hint this time. In re Casa Bonita Foods Inc. , Serial No. 97497611 (September 19, 2024) [not precedential] (Opinion by Judge Cindy B. Greenbaum). [Section 2(d) refusal of the mark CASA BONITA for "Tortillas; Corn-based snack foods; Tortilla chips; Tortilla shells" in view of the identical mark registered for "restaurant services.
JD Supra Law
SEPTEMBER 23, 2024
The USPTO has extended the public comment deadline in order to afford all stakeholders an opportunity to weigh in on the subject matter eligibility of AI inventions.
Corsearch
SEPTEMBER 23, 2024
Corsearch, a leading provider of Brand Protection and Trademark Solutions, has entered into a partnership with Trexo Global , an IP solutions provider which streamlines & automates IP workflows to maximize productivity. Trexo Global is dedicated to helping Intellectual Property professionals unlock the full potential of their time by streamlining the complexities of IP prosecution.
JD Supra Law
SEPTEMBER 23, 2024
In the hearing on the appeal of the U.S. Copyright Office's refusal to register his AI-created artwork ("A Return to Paradise," a copy of which appears above) and the district court's affirming of the refusal, programmer Stephen Thaler's counsel tried to argue that the Copyright Office and district court erred in not properly considering either (i) Thaler as copyright claimant as owner of the creator of the AI system (which he named “the Creativity Machine”) that created the image, or (ii).
IP Law 360
SEPTEMBER 23, 2024
A prolific filer of patents told the Federal Circuit on Monday that a legal doctrine created by the courts to punish filers for deliberately delaying applications "does not exist" under current laws.
JD Supra Law
SEPTEMBER 23, 2024
The foundational comic premise of walk-into-a-bar jokes is the underlying differences among the characters walking in. The three characters—in this case a chess player, a hockey player, and a patent litigator—may appear different. But what if the joke is flipped, and they are more alike than you think?
IP Watchdog
SEPTEMBER 23, 2024
As the Senate Committee on Health, Education, Labor and Pensions (HELP) gears up for a hearing tomorrow titled “Why Is Novo Nordisk Charging Americans with Diabetes and Obesity Outrageously High Prices for Ozempic and Wegovy?”, two key sides in the debate are weighing in. The U.S. Chamber of Commerce published a letter to Senator Bernie Sanders (I-VT) on Monday in which it criticized the title of the hearing as blatantly biased.
JD Supra Law
SEPTEMBER 23, 2024
We've been closely monitoring two proposed bills regarding patent law—the Patent Eligibility Restoration Act (PERA) and the PREVAIL Act. The Senate Judiciary Committee would have considered both bills yesterday, but they have now been postponed to next week.
43(B)log
SEPTEMBER 23, 2024
Silvertop v. Kangaroo (3d Cir. 2019) held that a banana costume was both copyrightable and infringed: In holding that the costume was protectable, the Third Circuit reasoned: Although a banana costume is likely to be yellow, it could be any shade of yellow—or green or brown for that matter. Although a banana costume is likely to be curved, it need not be—let alone in any particular manner.
IP Watchdog
SEPTEMBER 23, 2024
Last week, amicus briefs were filed with the U.S. Supreme Court by music publishers and Internet service providers (ISPs) seeking to support competing petitions for writ of certiorari challenging different aspects of the U.S. Court of Appeals for the Fourth Circuit’s ruling on secondary liability in the billion-dollar copyright infringement case between Sony Music Entertainment and Cox Communications.
IP Law 360
SEPTEMBER 23, 2024
The Federal Circuit has backed a Patent Trial and Appeal Board finding that more than two dozen claims in a Novartis pre-filled eye injection syringe patent weren't patentable.
Velocity of Content
SEPTEMBER 23, 2024
In today’s educational landscape, K-12 schools are increasingly tasked with personalizing curriculum and lessons to meet the unique needs of their students. This customization requires access to high-quality, culturally responsive content that aligns with educational standards—a task that is often complicated by the challenges of maintaining copyright compliance and content discovery.
Selvam & Selvam Blog
SEPTEMBER 23, 2024
In this era of Millennials and Gen Z, Spotify and other music apps seems to be the go-to platform, with everyone tuning in to music. From vibing to popular tracks to setting the trends on Instagram reels, music has been intertwined into everyone’s life so much that even common people are involved in the trends industry. A significant aspect of this trend is the rise of song remixes, which, now accessible to anyone, have also led to an increase in IP infringement issues – particularly copyright i
IP Law 360
SEPTEMBER 23, 2024
Former University of Southern California star running back Reggie Bush on Monday accused his alma mater, as well as the NCAA and the Pac-12 Conference, of profiting off his name, image and likeness without ever compensating him in return, according to a suit filed in California state court.
Likelihood of Confusion
SEPTEMBER 23, 2024
Originally posted 2014-05-23 12:53:57. Republished by Blog Post PromoterThe District of Arizona ruled today in a case we defended through trial and have reported on here extensively. The decision is here; the minute entry on the electronic docket reads as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW – that S & L Vitamins has […] The post Fat lady sings: Findings of Facts and Conclusions of Law in Designer Skin v S & L Vitamins appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
SEPTEMBER 23, 2024
The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.
Olartemoure Blog
SEPTEMBER 23, 2024
Environmental Initiatives Eco-Friendly Transportation OlarteMoure is transitioning its office vehicles to hybrid cars with lower gasoline consumption, aligning with global trends towards environmental sustainability and reducing the firm’s carbon footprint. Sustainable Cafeteria and Corporate Event Initiatives The firm has reduced the use of single-use plastic by replacing them with paper, cardboard, bamboo, and ceramic or glass alternatives.
IP Law 360
SEPTEMBER 23, 2024
Coinbase announced on Monday it has hired Ryan VanGrack to serve as its vice president of legal, where he will be overseeing civil litigation, regulatory probes, employment and intellectual property matters for the crypto exchange after spending seven years with Citadel Securities as general counsel.
Patent Trademark Blog
SEPTEMBER 23, 2024
Why would foreign manufacturers promise that no patents cover their products? It is always wise to recognize the biases and incentives of a potential business partner. Manufacturers are motivated to sell you products. It should not surprise you when a manufacturer in China claims that no patents cover their products. Perhaps it’s true. But if not, why would they admit it or provide any cautions about the possibility of infringing a US patent ?
IP Law 360
SEPTEMBER 23, 2024
GlaxoSmithKline is urging a Delaware federal judge to block Pfizer and BioNTech's claims that it has misused its patents tied to COVID-19 vaccination technology, or that it and a predecessor acted inappropriately when applying for those patents.
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