SpicyIP
FEBRUARY 19, 2024
Here is our recap of last week’s top IP developments. Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. Anything we are missing out on? Drop a comment below and let us know.
Patently-O
FEBRUARY 19, 2024
by Dennis Crouch In Vanda v. Teva , the Federal Circuit confirmed the obviousness of Vanda’s claims covering use of tasimelteon (Hetlioz) to treat circadian rhythm disorders (Non-24-Hour Sleep-Wake Disorder). Teva and Apotex, filed Abbreviated New Drug Applications (ANDAs) with the FDA seeking to market generic versions of the $100m+ drug. Vanda sued, but lost on obviousness grounds — with the court holding that the claimed combination was obvious because it was directed to a set o
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JD Supra Law
FEBRUARY 19, 2024
On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence issued October 20, 2023.
The IPKat
FEBRUARY 19, 2024
The case law on the protection of geographical names as trade marks started with the CJEU’s Windsurfing Chiemsee judgment (cases C-108/97 and C-109/97 ). The court held that geographical indications must be free to be used by all, not least because they may be an indication of the quality and other characteristics of the goods concerned, and may also, in various ways, influence consumer tastes by, for instance, associating the goods with a place that may give rise to a favourable response.
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?
JD Supra Law
FEBRUARY 19, 2024
The Commission may grant a cease and desist order (“CDO”) when it finds a violation of Section 337. See 19 U.S.C. 1337(f)(1). Historically the Commission would grant a CDO upon a showing that a respondent had a “commercially significant inventory” in the United States of infringing products that could undercut the remedy provided by an exclusion order.
IP Watchdog
FEBRUARY 19, 2024
On February 5, 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Overall, the many judges’ questions indicated a hesitancy to change the current law, as they expressed concern with positions advanced by the patent challenger. Listening to the argument, it became instantly clear that the designer’s voice was missing from the arguments of both parties.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Likelihood of Confusion
FEBRUARY 19, 2024
Kansas City infoZine News reports (link added): The Electronic Frontier Foundation (EFF) warned the Chicago Auto Show to back off attempts to muzzle protestors [sic] who posted a parody of the show’s website. The parody site, autoshowshutdown.org, is a clearinghouse for information about the “Auto Show SHUTDOWN Festival” — an annual event where hundreds of […] The post Trademark suit threats to shut down free speech?
JD Supra Law
FEBRUARY 19, 2024
A federal court in Florida recently granted in part and denied in part a former franchisee’s motion to dismiss claims for breaching a post-termination noncompete agreement, trademark infringement, and unfair competition. CHHJ Franchising LLC v. Spaulding, 2024 WL 229406 (M.D. Fla. Jan. 22, 2024).
LexBlog IP
FEBRUARY 19, 2024
An asset preservation order is a class of freezing order made by a Court usually without notice to the respondent or defendant (Exparte) for the purpose of preventing the frustration or inhibition of the Courts processes. The need for an asset preservation order arises when there is danger that a judgment (or prospective judgement) made [.
JD Supra Law
FEBRUARY 19, 2024
Turning 40 is a big milestone for most of us. When I turned 40 – I won't tell you how long ago that was – I was knee-deep in Paragraph IV patent litigation and in legal challenges to FDA's exclusivity and approval decisions under the Hatch-Waxman Act. In fact, I once had a client describe Hatch-Waxman as the “full employment for lawyers act”!
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.
LexBlog IP
FEBRUARY 19, 2024
Introduction In the UAE, Bank Loans Offered to Individual Customers are governed by Regulation No. 29/2011 Regarding Bank Loans & Other Services Offered to Individual Customers. Additionally, the Central Bank of the UAE issued Central Bank Notice No. 3692/2012, outlining the general terms and conditions for loan agreements, providing a framework for both lenders and borrowers.
JD Supra Law
FEBRUARY 19, 2024
Toppan Interamerica, a commercial printer in Henry County, Georgia recently filed two lawsuits alleging that California-based Whalen Furniture is infringing Toppan’s copyrights for decorative wood grain paper for furniture.
Indiana Intellectual Property Law
FEBRUARY 19, 2024
Plaintiff Excelencia Importing Pty Ltd. d/b/a Kennels & Kats (“K&K”) brought forth a complaint against Defendant Jinping Leng d/b/a Delomo (“Defendant”). The core allegation was that the Defendant, through inequitable conduct, obtained U.S. Patent No. D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application.
JD Supra Law
FEBRUARY 19, 2024
U.S. universities and academic institutions rely heavily on federal grants to fund their research and generate innovations in life sciences. Universities often out-license patents protecting inventions created using federal funding to private companies including many startups.
The TTABlog
FEBRUARY 19, 2024
We reported here on an internal Board citation program concerning the possible broadening of acceptable forms of legal citations. On the same day, the Board made a different statement regarding the program in In re MYBAGSTORES.COM , Serial No. 90726300 (February 9, 2024), in a footnote quoted first below. As part of an internal Board pilot citation program on possibly broadening acceptable forms of legal citation in Board cases, this decision varies from the citation form recommended in the TRAD
JD Supra Law
FEBRUARY 19, 2024
In recent years, global economic and cultural exchanges have become more and more frequent, and both overseas multinational companies and Chinese trends enterprises have invariably chosen alphabetic trademarks, using in combination with Chinese character trademarks, or using alone. For example, “Apple”, “Safeguard”, “frestec”, “youngor”, etc. Among them, there are many coined words created by major brands after thorough consideration, which give people a sense of freshness at first glance, and.
TorrentFreak
FEBRUARY 19, 2024
Thanks to a global pooling of knowledge and intelligence, answers to our most difficult questions are just a few clicks away on the internet today. Since in many cases those answers aren’t necessarily right, or even right at all, that might explain why some seek advice from outer space. For a fee, astrologer Vaneet Sharma and his company Astro Vastu Solutions (AVS) reportedly supply all kinds of advice.
JD Supra Law
FEBRUARY 19, 2024
A consequence (predominantly negative) of the Supreme Court's recent foray into defining (however inadequately) the contours of patent-eligible subject matter is to give the district courts (and to a somewhat lesser extent, the Patent and Trademark Office) free rein to apply any Supreme Court precedent (no matter how archaic, ill-defined or incoherently reasoned) in invalidating claims on Section 101 grounds.
IP and Legal Filings
FEBRUARY 19, 2024
Introduction The decision of the High Court in Calcutta, which denied the appellants’ habeas corpus petitions, was appealed under article 132 of the Indian Constitution in the present matter. Under the Bengal Criminal Law Amendment Act, 1930 (hereinafter referred to as BCLAA, 1930) a significant number of people were detained. It was being contested in the High Court as to the validity of BCLAA, 1930.
JD Supra Law
FEBRUARY 19, 2024
Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on it being invalid? Can you file anything to strengthen your trademark registration against invalidation? The answer is YES! if the trademark has been in continuous use for five consecutive years subsequent to the date of registration.
JD Supra Law
FEBRUARY 19, 2024
New Orleans’ resident federal court, the Eastern District of Louisiana, made notable changes to its local rules effective January 1, 2024, which impact daily practice for most Eastern District attorneys. First, the amendments to Local Civil Rule 7.5 recognize a movant’s right to file a reply brief and establish a deadline. Practically, this means a movant is no longer required to seek leave of court to file a reply brief into the record.
JD Supra Law
FEBRUARY 19, 2024
The recent resurgence in ex parte reexamination demonstrates the importance of this post-grant review vehicle. It has become particularly important for patent challengers who may be estopped from requesting inter partes review (IPR), and for challengers who, for varying reasons, were unsuccessful before the Patent Trial and Appeal Board (PTAB). By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
JD Supra Law
FEBRUARY 19, 2024
Standard-essential patents (SEPs) are on the rise. A key factor undergirding that rise is the desire for device connectivity in all things, and the fact that reliable and robust connectivity is impossible without using key standards that are almost always subject to SEPs. For example, it is estimated that by 2025, more than 26 billion home and workplace devices will be connected to the Internet and have sensors, processors, and embedded software for facilitating connectivity.
JD Supra Law
FEBRUARY 19, 2024
Guidance on using AI to Invent - Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Court precedent and the United States Patent and Trademark Office (USPTO) guidelines have taken the place of written law to guide the USPTO in matters relating to AI.
JD Supra Law
FEBRUARY 19, 2024
The Federal Circuit used to get a lot of flak for failing to defer to factual findings of the tribunal it was reviewing. My (highly unscientific) sense is that such criticism has eased somewhat, but I was reminded of it when reading the court's recent precedential decision in Rai Strategic Holdings v. Philip Morris Products, reversing a PTAB's finding of inadequate written description. 2022-1862, 2024 WL 500642 (Fed.
JD Supra Law
FEBRUARY 19, 2024
This blog is written by Arizona copyright lawyer Steve Vondran. Vondran Legal has handled hundreds of federal court litigation cases since its founding in 2004.
JD Supra Law
FEBRUARY 19, 2024
The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office ("USPTO") recently issued inventorship guidance for inventions where a human inventor was assisted by artificial intelligence ("AI").
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