Wed.Dec 18, 2024

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25 Top Tips from 25 Years

Erik K Pelton

Our top 25 (not just trademark) tips distilled from 25 years of building bold brandsincluding our own. The post 25 Top Tips from 25 Years appeared first on Erik M Pelton & Associates, PLLC. Our top 25 (not just trademark) tips distilled from 25 years of building bold brandsincluding our own.

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Unified Patent Court: First Ruling on Equivalent Infringement

JD Supra Law

The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the Unified Patent Court Agreement ("UPCA") contains no provision on the doctrine of equivalents.

Patent 81
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Judges Acquit a Total of 23 Pirate IPTV Subscribers: Personal Use is Not a Crime

TorrentFreak

According to an infamous anti-piracy PSA that just recently celebrated its 20th birthday, downloading a copy of a movie is the same as stealing a physical disc from a regular store, stealing a handbag, or even stealing a car. These claims remain factually incorrect but at the time the PSA was released, rightsholders needed to drive a simple message home.

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Can You Protect the “Clean Girl” Aesthetic? Influencers Battle over Copyrights and Likeness Rights

JD Supra Law

A recent lawsuit between two influencers, Alyssa Sheil and Sydney Nicole Gifford, highlights critical issues of copyrights and likeness rights in the influencer space. Both are known for posting photos that feature a minimalist look focusing on neatness, simplicity, and natural beauty. This has come to be known as the clean girl aesthetic, and it has been embraced by numerous celebrities.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Intellectual Property Judgments 2024: Key Legal Developments

Intepat

In 2024, Indian courts delivered several landmark judgments in the field of intellectual property (IP), addressing challenges that range from traditional trademark disputes to modern issues like copyright in AI training and digital piracy. These rulings not only clarified the application of existing laws but also emphasized the judiciarys proactive approach in adapting to evolving technological and business realities.

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Deleted Definition “Highly Significant” for Claim Construction

JD Supra Law

DDR HOLDINGS, LLC V. PRICELINE.COM LLC, BOOKING.COM B.V. - Before Chen, Mayer, and Cunningham. Appeal from the United States District Court for the Northern District of Delaware. Summary: Deleting a definition provided in provisional application from the final specification evidenced patentees intent to exclude deleted language from claim scope.

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WIPO Adopts First Design Law Treaty

JD Supra Law

After nearly two decades of negotiations, the Member States of the World Intellectual Property Organization ("WIPO") adopted the Riyadh Design Law Treaty, which aims to harmonize design protection procedures in countries around the world.

Designs 66
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Charles Schwab Says Ex-Employee Stole Client Info

IP Law 360

Charles Schwab has filed a suit in Texas federal court accusing a former employee of misappropriating confidential trade secrets and client information to solicit business once he joined a competitor.

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Top Section 101 Patent Eligibility Stories of 2024

JD Supra Law

It's that time of the year again the time to snuggle up by the fire, put on Dominick the Donkey and read this year's Top Section 101 Patent Eligibility Stories. But first, the holiday movies and where they're streaming.

Patent 63
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Sens. Hear Split Views On Bill To Boost Patent Injunctions

IP Law 360

A bill that would make it easier to obtain patent injunctions got a divided reaction at a Senate hearing Wednesday, with the sponsor and some speakers saying it would benefit patent owners and critics calling it an unnecessary change that only aids patent assertion entities.

Patent 52
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IPO Diversity in Innovation Toolkit

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.

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An Award of Attorneys’ Fees and Costs Under 35 U.S.C. §285 Does Not Preclude Sanctions Pursuant to the Court’s Inherent Authority

JD Supra Law

PS PRODUCTS INC. V. PANTHER TRADING CO. INC. - Before Moore, Stoll, and Cunningham. Appeal from the Eastern District of Arkansas. Summary: Section 285 does not prohibit an award of deterrence sanctions under the courts inherent authority.

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Patent Litigation Trends To Watch In 2025

IP Law 360

Litigation funding resulting in more heated disputes, artificial intelligence tools becoming a fact of life for patent attorneys and increased use of patent reexaminations are among the trends attorneys will be keeping tabs on in the coming year.

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SkyKick v Sky: UK Supreme Court Confronts Bad Faith in Trade Mark Applications

JD Supra Law

The UK Supreme Court has issued a landmark judgment dealing with specific bad faith considerations for trade marks.

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KFC Ends Suit Against Church's Over 'Original Recipe' TM

IP Law 360

KFC has agreed to end its lawsuit launched just last month that had sought to stop Church's Texas Chicken from using the term "original recipe" to promote its fried chicken.

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2025 USPTO Trademark Fee Increases/Changes

JD Supra Law

Effective January 18, 2025, the USPTO will increase government fees for certain trademark and service mark related filings and requests. Fee changes relating to the Madrid Protocol designations at the USPTO and for renewals of WIPO will take effect on February 18, 2025.

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J&J Unit Beats Schizophrenia Drug IP Challenge On Remand

IP Law 360

Teva Pharmaceuticals USA Inc. has failed to invalidate claims in a patent for a Johnson & Johnson unit's blockbuster schizophrenia medicine, according to a New Jersey federal judge who rejected the generic-drug maker's assertions that the formula was obvious.

IP 52
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IP Hot Topic: USPTO Establishes New Fees for More Than Fifty Cumulative IDS References

JD Supra Law

Along with other new and increased fees, including the surcharge for late-stage continuation applications, the United States Patent & Trademark Office published a final rule on November 20, 2024, that establishes new fees for Information Disclosure Statements (IDS) that cite more than 50 references. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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TikTok Told To Provide Source Code In Trade Secrets Case

IP Law 360

TikTok must provide source code as well as financial and data usage information to a Chinese company that says it stole proprietary information to develop a video-editing feature on its platform, according to an order from a special master appointed to the case.

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USPTO Drops Proposed Rules on Terminal Disclaimers

JD Supra Law

Earlier this year, the U.S. Patent and Trademark Office (USPTO) proposed a sweeping set of rules imposing new requirements on terminal disclaimers filed to overcome obviousness-type double patenting (OTDP) rejections, and separately proposed to impose new terminal disclaimer fees that would increase exponentially over the course of examination. The USPTO has since dropped both proposals, but Congressional concern about so-called patent thickets remain, and could lead to legislative action.

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NFL Union Rips DraftKings' Dismissal Try In Licensing Suit

IP Law 360

The NFL Players Association this week bashed DraftKings Inc.'s attempt to toss claims in a lawsuit alleging the sports betting giant failed to make good on a licensing agreement related to nonfungible tokens, calling DraftKings' motion an attempt to twist the "plain language" of the agreement.

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PREVAIL Act Passes Committee

JD Supra Law

The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act has moved to the Senate for a full vote after passing the Senate Judiciary Committee vote 11-10 on November 21, 2024. In celebrating the bipartisan passage of the bill, Senator Tillis, one of the bills sponsors, said that the bill will help maintain the United States position as the global leader in technology and innovation, and emphasized that we must work with inventors to improve and.

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Patent Limits For Biosimilar Litigation Lands In Spending Bill

IP Law 360

Congress' spending package to keep the government open through March would also limit how many patents a biologics maker can assert when trying to prevent a competitor from getting on the market.

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TikTok at the Supreme Court: First Amendment Meets National Security

Patently-O

by Dennis Crouch The Supreme Court’s December 18, 2024 order in TikTok v. Garland is an extraordinary intervention by the Court (especially for its speed) and will likely address a number of novel constitutional questions about government regulation of social media and national security, especially in light of the ongoing economic “war” with China.

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High Court Bar's Future: McDermott's Paul Hughes

IP Law 360

Paul W. Hughes of McDermott Will & Emery LLP knows U.S. Supreme Court oral arguments are unpredictable you can end up as the butt of a justice's joke or have the whole bench fully embrace your novel legal theory so he focuses on what he can control: being overprepared for any version of the court he meets.

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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Technology & Marketing Law Blog

Lloyd sued Facebok for a variety of claims (I initially described the suit as “a standard kitchen-sink pro se lawsuit against Facebook”). The district court dismissed the complaint in 2022. This summer, the Ninth Circuit largely affirmed , but it revived the contract breach claim for procedural reasons. I wrote then: “This resurrects Lloyds breach of contract claim, but only temporarily.

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ITC Judge Hands Win To Ericsson In 5G Patent Fight

IP Law 360

An administrative judge at the U.S. International Trade Commission has decided that mobile phones sold by Motorola infringe patents owned by Swedish telecom giant Ericsson.

Patent 52
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FDA Nominee Makary on the Orphan Drug Act

JD Supra Law

President-elect Trumps nominee for commissioner of Food and Drugs, Martin A. Makary, MD, MPH, argued in 2016 that Congress should reform the Orphan Drug Act (ODA) because drug companies are gaming the system to use the law for mainstream drugs.[i] This alert summarizes his position, discusses some areas of contention about how the ODA works, and explores how these ideas could affect drug development if he is confirmed to lead the FDA.

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China Co. Asks Justices To Review E-Commerce Jurisdiction

IP Law 360

China-based e-commerce company Zembrka has asked the U.S. Supreme Court to review a Second Circuit opinion that found proof of an online transaction in a particular state is enough to establish personal jurisdiction, regardless of whether the product ships or is refunded.

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What Happened at the USPTO in 2024—and What’s to Come

IP Watchdog

This year was a busy one for U.S. Patent and Trademark Office (USPTO) policy changes, with a number of proposed rules packages introduced, proposed legislation being considered by Congress, and several U.S. Court of Appeals for the Federal Circuit and Supreme Court decisions that are likely to have lasting impacts on the USPTO. Now, we await potentially significant changes under the incoming Trump Administration and a new Director.

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Amgen Hit With $50M Infringement Verdict Over Leukemia Drug

IP Law 360

Germany's Lindis Biotech has persuaded a Delaware federal jury that Amgen should pay $50.3 million in damages for encouraging healthcare providers to infringe the Munich company's immunotherapy patents through administering the leukemia drug Blincyto.

Patent 52
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RESTORE Act Hearing Witnesses Butt Heads on Impact of eBay

IP Watchdog

A hearing held today by the Senate Subcommittee on Intellectual Property featured witnesses both for and against the recently introduced Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 trading competing statistics and anecdotes about whether or not the Supreme Courts 2006 eBay v.

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Judge Eyes Limits To Medical Device Co.'s Poaching Verdict

IP Law 360

A Boston federal judge on Wednesday considered interpreting twin $5 million jury awards against medical device sales employees as a subset of the $15 million in damages awarded against their employer in a rival company's poaching case.

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Navigating the Road Ahead: How AI and Vehicle Automation are Transforming the Transportation Industry

JD Supra Law

Artificial Intelligence (AI) is expected to impact almost every modern industry, with no exception for the automotive and transportation industries. Todays cars are more connected than ever, offering features such as real-time traffic updates, vehicle-to-vehicle (V2V) and vehicle-to-everything (V2X) communication, predictive maintenance reminders, and advanced driver assistance system (ADAS) features like lane-keep assist and automated emergency braking.

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Fed. Circ. Reverses $13M IP Verdict Over Point-Of-Sale System

IP Law 360

The Federal Circuit on Wednesday tossed a $13 million jury verdict against NCR Corp. in a suit accusing it of infringing two payment processing patents, saying the company wasn't liable for its customers' use of the patented system under the appellate court's precedent.

IP 52
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Three Recent Inter Partes "Disasters" - Don't let this Happen to You

The TTABlog

When a decision in an inter partes proceeding is 13 pages long or less, you can expect that someone or something went off the rails real quick. Here are three recent decisions falling within that category. I think there are some very basic lessons to be extracted. Dongguan Mibang Network Technology Co., Ltd. v. Ontek Solutions , Opposition No. 91283885 (December 9, 2024) [not precedential] (Opinion by Judge Thomas L.