Erik K Pelton

DECEMBER 19, 2024

The USPTO TEAS filing system will be retired on January 18, 2025, after more than 20 years! And with the new “Trademark Center” come new and increased filing fees. For much more on the new fees and new application form, see Changes to USPTO Trademark Fees: What You Need to Know The post Countdown clock to USPTO’s Retirement of TEAS and New Trademark Fees appeared first on Erik M Pelton & Associates, PLLC.

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Trademark 130

JD Supra Law

DECEMBER 19, 2024

A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her vibe, specifically her clean girl aesthetic characterized by neutral, beige, and cream color schemes, minimalist styling, and specific poses and outfits.

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Social Media Intellectual Property Copying Branding 74

The IPKat

DECEMBER 19, 2024

Earlier this year, the Greek Council of State ( ) had the opportunity to consider the relationship between plant variety names and geographical indications (GIs). The decision was handed down on the 2nd of April 2024 (Case No. 428/2024), but has just been translated into English and published courtesy of GRUR International. A Kat thinking about olives on pizza for no apparent reason.

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Law Designs Design Marketing 57

JD Supra Law

DECEMBER 19, 2024

Chinas ByteDance, the parent company of TikTok, is seeking USD1.1 million in damages from a former intern accused of sabotaging its artificial intelligence (AI) large language model training infrastructure.

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Government 82

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

Velocity of Content

DECEMBER 19, 2024

Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. How AI technologies intersect with copyright was but a twinkle in most judicial systems eyes. But in the brief time that followed, generative AI systems exploded into the public consciousness, and their interaction with copyrighted works likewise dominated copyright litigation.

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Litigation Copyright Copyright Infringement Fair Use 52

JD Supra Law

DECEMBER 19, 2024

Looking forward to the 2025 prediction season, a survey of the emerging AI-powered drug discovery landscape has been making the roundsand with good reason. The survey, summarized by Stanfords Chris Bradbury, is likely the most comprehensive public review of advancements in this rapidly evolving field to date.

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JD Supra Law

DECEMBER 19, 2024

Welcome to WilmerHales bulletin on recent trade secret case law and relevant news items. Weve affectionately nicknamed it Readily Ascertainable because, unlike a trade secret, it should be easy to figure out.

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Law 69

The IPKat

DECEMBER 19, 2024

The IPKat is thrilled to announce the launch of the 2024 Book of the Year Awards, continuing its cherished end-of-year tradition! Now in its seventh edition, the award allows the Kat community to choose their favourite books in the following six categories: Patents Copyright (including related rights and performers rights) Trade Marks (including Geographical Indications) Designs Best Foreign Language (Non English) Intellectual Property Book Intellectual Property (any book that covers more than o

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Intellectual Property Editing Related Rights IP 57

JD Supra Law

DECEMBER 19, 2024

This is the fourth issue of WilmerHales FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be essential to industry standards (SEPs) and are subject to commitments to be licensed on fair, reasonable and non-discriminatory (FRAND) terms.

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Licensing Litigation Patent 69

Patently-O

DECEMBER 19, 2024

by Dennis Crouch The Federal Circuit's December 19, 2024 decision in Altria (Philip Morris) v. R.J. Reynolds offers important guidance on patent damages methodology while potentially previewing issues soon to be addressed en banc in EcoFactor v. Google. The case centered on Reynolds' VUSE Alto e-cigarette product and its infringement of three Altria patents.

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Patent Licensing Invention 52

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

JD Supra Law

DECEMBER 19, 2024

CROWN PACKAGING TECHNOLOGY, INC. v. BELVAC PRODUCTION MACHINERY, INC. - BeforeDyk, Hughes, and Cunningham. Appeal from the United States District Court for the Western District of Virginia. Summary: An offer for sale described as a quotation, containing specific and complete terms and directed to an entity in the U.S., constitutes a commercial offer for sale.

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Patent Technology 66

Kluwer Copyright Blog

DECEMBER 19, 2024

Image by Dimitris Vetsikas from Pixabay Ministers from six European countries (Belgium, Denmark, Finland, France, The Netherlands and Sweden) have written a joint letter to the European Commission regarding the need for a legislative proposal on rules and boundaries of international application of EU law on copyright and neighbouring rights. The English version of the letter is available here.

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Copyright Law Law Copyright Editing 52

JD Supra Law

DECEMBER 19, 2024

The US Court of Appeals for the Federal Circuit affirmed a district courts decision to use its inherent power to award deterrence sanctions for filing a nuisance patent infringement lawsuit. PS Products Inc. v. Panther Trading Co. Inc., Case No. 2023-1665 (Fed. Cir. Dec. 6, 2024) (Moore, Stoll, Cunningham, JJ.).

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Patent Infringement Patent 63

SpicyIP

DECEMBER 19, 2024

Image from here It is not every day that members of the Indian legal fraternity are celebrated at global fora for their contributions to international IP jurisprudence. In a momentous announcement on December 10, Managing IP, a British media platform, included Justices Amit Bansal and Jyoti Singh of the Delhi Court in its list of 50 most influential people in IP 2024.

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IP Licensing Confidentiality Litigation 52

JD Supra Law

DECEMBER 19, 2024

The US Court of Appeals for the Federal Circuit affirmed a district court judgment of noninfringement, finding that deleting a portion of a definition between a provisional application and a nonprovisional application was evidence that the patentee intended to exclude the deleted language from the claim scope. DDR Holdings, LLC v. Priceline.com LLC and Booking.com B.V., Case Nos. 23-1176; -1177 (Fed.

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SpicyIP

DECEMBER 19, 2024

Image from here [ This post has been authored by SpicyIP Intern Kaustubh Chakrabarti. Kaustubh is a second year BA.LLB. (Hons.) student at Hidayatullah National Law University, Raipur.] There has been a recent development in the Marico v. Alpino case (see here for Lokeshs post on this). After the Delhi High Court granted an ex parte injunction to Marico, Alpino now seeks the vacation of the ex-parte ad order.

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Litigation Marketing Marketing Advertising 52

JD Supra Law

DECEMBER 19, 2024

CYTIVA BIOPROCESS R&D AB V. JSR CORP. - Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim limitation merely reciting an inherent property or result of an otherwise obvious composition or process can be found obvious without finding a reasonable expectation of success.

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Patent 63

IP Law 360

DECEMBER 19, 2024

A California federal judge said Thursday she was inclined to toss a portion of a copyright suit from music publishers claiming their song lyrics were ripped off to train artificial intelligence company Anthropic's chatbot, saying some allegations were "so general" while adding that she'd give leave to amend.

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Music Publishing Copyright 52

JD Supra Law

DECEMBER 19, 2024

The UK government has published its highly anticipated consultation on copyright and AI. The focus of the consultation is the use of copyright works in AI model training, however, the government is also seeking views on copyright ownership of AI generated output. The government seeks views on various options however its preferred option is stated to be a package that would broaden the UKs copyright exception for text and data mining, to allow AI training for commercial purposes, while allowing.

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Government Copyright Ownership Publishing 63

IP Law 360

DECEMBER 19, 2024

The Federal Circuit judges asked the D.C. Circuit on Thursday to reject U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying they are of "questionable relevance" and will be released soon anyway.

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JD Supra Law

DECEMBER 19, 2024

On a day where the only thing Canadians could talk about was the resignation of the then finance minister on the date of the delivery of the governments 2024 Fall Economic Statement (FES 2024) and the chaos that ensued, some may have missed significant proposals to help Canadian innovators in a time when theyre needed the most. FES 2024 introduces new initiatives designed to boost production in industries that are vital to the productivity of the Canadian economy.

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Government Designs Design 72

IP Law 360

DECEMBER 19, 2024

Foley & Lardner LLP has hired a longtime partner from intellectual property boutique Lerner David LLP to strengthen both the transactional and litigation arms of its technology and life science practices in New York.

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Intellectual Property IP Litigation Technology 52

JD Supra Law

DECEMBER 19, 2024

In Texas, Whataburger is more than a fast food restaurant. Its a cultural icon, deeply ingrained in the identity of many Texans. Founded in Corpus Christi, Texas, Whataburger has been a homegrown favorite for generations of Texans, as they value local businesses, entrepreneurship, and a tasty burger just the way they like it.

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Patent Business 60

IP Law 360

DECEMBER 19, 2024

Jurors headed to deliberations late Thursday after nearly four days of trial in Delaware federal court on Softbank Group subsidiary Arm Ltd.'s claims that Qualcomm Inc. and Nuvia Inc. breached a protective contract for microprocessor core technology licensing agreements.

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Contracts Trademark Licensing Technology 52

JD Supra Law

DECEMBER 19, 2024

The scientific benefits and legal risks of AI-driven drug discovery are consequential. But recent IP law decisions allude to a general concept that IP rights will not be awarded if AI completely or significantly replaces human ingenuity in the creative process.

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IP Law 60

IP Law 360

DECEMBER 19, 2024

The Second Circuit on Thursday affirmed a lower court's dismissal of a trademark suit against PepsiCo, saying in a summary order that the beverage company's "Mtn Dew Rise Energy" did not infringe the mark of nitro-brewed canned coffee drinks called "Rise.

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Trademark 52

JD Supra Law

DECEMBER 19, 2024

Addressing for the first time the issue of whether bioequivalence data and in vitro testing can show that an abbreviated new drug application (ANDA) product with different immediate and delayed release portions infringed on a patent, the US Court of Appeals for the Federal Circuit upheld the district courts finding of noninfringement. Galderma Laboratories, L.P. v.

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Patent 66

IP Law 360

DECEMBER 19, 2024

A San Francisco federal judge has said showing that the e.l.f. cosmetics brand had an "intent to create a dupe" of a mascara tube made by its Louis Vuitton-owned rival is not enough to prove that it actually "dupes any consumers.

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JD Supra Law

DECEMBER 19, 2024

The US Court of Appeals for the Federal Circuit found the patents at issue invalid based on the patent owners quotation letter to a third party, concluding it was a commercial offer for sale under pre-America Invents Act (AIA) 35 U.S.C. 102(b) notwithstanding the patent owners reservation of a post-quote acceptance. Crown Packaging Technology, Inc. v.

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Invention Technology Patent 69

IP Law 360

DECEMBER 19, 2024

The Federal Circuit on Thursday upheld a $95.2 million jury verdict against R.J. Reynolds for infringing Altria vape patents, rejecting Reynolds' arguments that the finding was not supported by the evidence and was based on expert damages testimony that was unreliable.

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IP Watchdog

DECEMBER 19, 2024

The last six months of 2024 saw numerous interesting, precedential decisions from the Federal Circuit on a range of patent issues. This article briefly summarizes six of those opinions as well as a perceived trend relating to mandamus petitions.

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Patent Litigation Intellectual Property IP 52

IP Law 360

DECEMBER 19, 2024

VLSI Technology LLC urged a Virginia federal judge Thursday to make Patent Quality Assurance LLC's ownership disclosure public, saying the company actively chose to remove the litigation to a forum where it knew those disclosures were required.

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Ownership Litigation Technology Patent 52

Patently-O

DECEMBER 19, 2024

by Dennis Crouch The Senate Judiciary Committee’s Subcommittee on Intellectual Property recently held a new hearing focusing on the RESTORE Patent Rights Act, a deceptively simple one-sentence bill that could dramatically reshape patent enforcement in the United States. The hearing highlighted the stark divide between those who believe stronger injunctive relief is needed to protect patent rights and those who warn that presumptive injunctions could harm innovation.

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Patent Intellectual Property Patent Infringement 52

IP Law 360

DECEMBER 19, 2024

A Ninth Circuit panel on Thursday revived data analytics company Teradata Corp.'s antitrust and trade secret suit against German software company SAP, saying a lower court rejected the case despite there being factual disputes over key issues concerning market effects and confidential information.

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Confidentiality IP Marketing Marketing 52

The TTABlog

DECEMBER 19, 2024

The November-December 2024 (Vol. 114 No. 6) issue of the Trademark Reporter is devoted to artificial intelligence and its impact on trademark and related intellectual property law. [pdf here ]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): "The TMR devotes this issue to the realm of artificial intelligence (AI). Whether one believes that AI is mostly hype or as seismic a change as the smartphone, there is no doubt that AI will evolve and improve, fundamentally ch

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