Thu.Jan 30, 2025

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3 Count: UnafFORDable

Plagiarism Today

USCO says some AI works may be registered, new site blocking legislation proposed in the US and Eminem publisher sues Ford dealer. The post 3 Count: UnafFORDable appeared first on Plagiarism Today.

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Takeaways From Jack Daniel's Latest Dog Toy Win

IP Law 360

Jack Daniel's won the latest round last week in its long-running legal battle against the maker of a squeaky, poop-themed dog toy that mimics the whiskey maker's famous bottles, with an Arizona federal judge ruling that VIP Products' parody tarnishes Jack Daniel's brand by associating it with feces.

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Site Blocking Returns: Is it the New SOPA/PIPA?

Plagiarism Today

A proposed bill aims to bring site blocking to the United States. But, 13 years after SOPA/PIPA, how is this bill different? The post Site Blocking Returns: Is it the New SOPA/PIPA? appeared first on Plagiarism Today.

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Be Wary: Sophisticated Scam Emails Impersonating IP Attorneys

JD Supra Law

Business owners should be aware of a new email scam circulating impersonating an intellectual property (IP) representative, containing false information, and offering trademark assistance. This nefarious email scam is sent by an operator impersonating a known Australia registered patent and/or trade mark attorney to garner legitimacy. IP Australia has provided an example of the scam and both IP Australia and the Institute of Patent and Trade Mark Attorneys (IPTA) continue to publish alerts.

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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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Meta VR Headsets Are Not 'Wireless Telephones,' Judge Says

IP Law 360

A federal judge in the Western District of Texas has decided Meta's Quest brand of virtual reality headsets can't be considered "wireless telephones" in a patent lawsuit just because they come preinstalled with theMessenger app, which can take calls.

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AI Trends for 2025 - Dirty Data Damaging Deals – Data Issues in AI M&A

JD Supra Law

2024 saw strong interest in M&A involving companies that use or develop artificial intelligence (AI) offerings. The rise of AI has brought new issues for companies and dealmakers. In particular, 2024 saw regulators focusing further on the collection and use of data in AI products, applying existing rules and developing new approaches.

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Galderma Labs., L.P. v. Lupin Inc.

JD Supra Law

Oracea (doxycycline USP) - Case Name: Galderma Labs., L.P. v. Lupin Inc., No. 2024-1664, 2024 WL 4998071 (Fed. Cir. Dec. 6, 2024) (Circuit Judges Moore, Linn, and Prost presiding; Opinion by Moore, C.J.) (Appeal from D. Del., Bibas, J.).

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WB Show 'The Pitt' Is 'Absolutely' An 'ER' Reboot, Judge Told

IP Law 360

Counsel for the widow of "ER" creator Michael Crichton urged a California state judge on Thursday not to toss allegations that Warner Bros. Discovery's new medical drama "The Pitt" is an unauthorized reboot, saying the now-streaming show's development history proves it "absolutely derived" from the 1990s and early 2000s hit.

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Federal Circuit Year in Review 2024

JD Supra Law

Report summary -Knobbe Martens' inaugural Federal Circuit Year in Review report offers a comprehensive overview of the most significant Federal Circuit rulings of 2024 and how they could shape IP law in the years ahead. Covering nearly 50 of the court's most impactful IP-focused decisions of the last year, the report provides in-depth analysis of these important rulings, offering insights into their potential impact on both the legal community and businesses that rely on intellectual property as

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Telecom Giants Must Face March Trial In 4G LTE Patent Fight

IP Law 360

A Minnesota federal judge on Thursday refused to hand a group of telecommunications companies a summary judgment win in the University of Minnesota's patent suit over wireless communications technology used in 4G LTE network services, determining that the dispute must be decided by a jury in an upcoming March trial.

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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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PREVAIL Act Advances to the Senate: Potential Implications for Patent Challenges

JD Supra Law

On November 21, 2024, the Senate Judiciary Committee voted by a narrow 1110 margin to advance the PREVAIL Act to the Senate for consideration. The PREVAIL Act, or the Promoting and Respecting Economically Vital American Innovation Leadership Act, aims to reform rules and procedures at the Patent Trial and Appeal Board (PTAB) to limit Inter Partes Review and other procedures to challenge patents.

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Calif. Panel Counsels Female Attys Seeking The First Chair

IP Law 360

Female lawyers seeking to become first-chair trial attorneys must advocate for themselves just as they would for a client, a federal judge said during a Federal Bar Association panel Thursday in San Francisco.

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Texas Round-Up: December 2024

JD Supra Law

Three subjects stood out in patent litigation in Texas in December 2024: (1) knowledge of related patents, general patent portfolio, or other asserted patents do not establish the knowledge requirement for pre-suit indirect and willful claims; (2) a Rule 30(b)(6) corporate witness must testify on behalf of the organization regardless of whether factual questions may also relate to an experts opinion; and (3) waiting until after the deadline for serving invalidity contentions before starting to.

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Pharmacy Says Its Ex-GC Destroyed Trade Secrets Evidence

IP Law 360

Texas-based Empower Pharmacy on Thursday pressed for sanctions against its former general counsel who also happens to be a former assistant district attorney in San Antonio claiming that the lawyer intentionally destroyed a hard drive that contained evidence relevant to Empower's trade secrets suit against a rival pharmacy.

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Patent Case Summaries | Week Ending January 24, 2025

JD Supra Law

Steuben Foods, Inc. v. Shibuya Hoppmann Corp., et al., No. 2023-1790 (Fed. Cir. (D. Del.) Jan. 24, 2024). Opinion by Moore, joined by Hughes and Cunningham. Steuben sued Shibuya for infringement of three patents relating to systems for the aseptic packaging of food products. A jury returned a verdict finding the patent claims valid and infringed and awarding damages of more than $38 million.

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Supreme Court Urged To Clarify Alice, End 1-Line Orders

IP Law 360

The owner of a pair of invalidated patents covering medical machinery has asked the U.S. Supreme Court to look at what it called "confusion" stemming from the high court's Alice decision and also at the Federal Circuit's practice of issuing one-line orders.

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Beach Buggy Battle: Stipulation Insufficient to Establish Trademark Distinctiveness

JD Supra Law

The US Court of Appeals for the Fourth Circuit found that a district court does not need to accept both parties stipulation that a mark is distinctive but instead is permitted to make an evidentiary inquiry in determining whether the mark is distinctive or generic. Moke America LLC v. Moke Intl Ltd., Case No. 23-1634 (4th Cir. Jan. 15, 2025) (King, Groh, JJ.

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Objection To NCAA's NIL Deal Sparks Attorney War Of Words

IP Law 360

A group of athletes claimed Wednesday that the $2.78 billion settlement with the NCAA over college athlete compensation illegally limited payments and broke antitrust laws, in an objection that spurred the plaintiffs' attorney to accuse the objectors' representatives of failing the athletes in previous court challenges.

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What’s Shaking? Not an Interlocutory Appellate Decision on Damages

JD Supra Law

The US Court of Appeals for the Fifth Circuit dismissed and remanded a district court certified interlocutory appeal concerning the standard for calculating a reasonable royalty under the Defend Trade Secrets Act (DTSA). The Court explained that the rate instruction issued by the district court was erroneous because the parties had not yet gone to trial and the plaintiff had not yet proven liability.

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Patent Lawyer Moves From DLA Piper To Kilpatrick

IP Law 360

A Seattle lawyer who does patent work for branded drug developers is taking herpractice to Kilpatrick Townsend & Stockton LLP from DLA Piper.

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Director Review Codified as Director Vidal Steps Down—What is this Power and How Did Vidal Wield It?

JD Supra Law

With U.S. Patent and Trademark Office (USPTO) Director Kathi Vidals return to private practice in December 2024 and the future permanent Director yet to be tapped for nomination, it is a good time to reflect on one of the most impactful processes that grew during Vidals tenure Director Review. It was not until shortly before the end of Director Vidals term, on October 31, 2024, that the USPTO implemented 37 CFR 42.75 and effectively codified the Interim Director Review Process.

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Adventure Photography Makes Me A Better Lawyer

IP Law 360

Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

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Costs awards in Canadian IP proceedings – update and future directions

JD Supra Law

Most IP litigation in Canada takes place in the Federal Court. Pursuant to the Federal Courts Rules1, the Court has a broad discretion in awarding costs. However, the Federal Court will typically order the losing party to pay the successful partys legal costs. Such an award is comprised of two components: a fee component (to reflect a portion of the legal fees incurred by the successful party) and.

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Food Co. Says Ex-Manager Hoodwinked Customers For Rivals

IP Law 360

The former general manager of a chicken processing plant allegedly double-crossed his employer by working with two competing food distributors to poach customers through deceptive sales pitches and pocketing company funds through off-the-book rental agreements, according to a newly designated North Carolina Business Court complaint.

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Federal Court rules on patent listing again, confirms generic not required to address patent submitted before ANDS filing but listed after

JD Supra Law

On January 20, 2025, Justice OReilly of the Federal Court dismissed Bayers judicial review of the Minister of Healths decision to list Canadian Patent No. 2,970,315 (315 Patent) on the Patent Register eight days after it was submitted to Health Canada: Bayer Inc v Amgen Canada Inc, 2025 FC 107.

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Samsung Gets PTAB To Review 2 Smart Ring Patents

IP Law 360

The Patent Trial and Appeal Board has agreed to hear Samsung's challenge to a pair of patents owned by a company that makes smart rings, finding there was a reasonable chance the electronics giant could potentially prevail in the fight.

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Fedtrade Podcast – Bill Hite, CEO & Founder of HSA Global – SelectUSA Spotlight

JD Supra Law

The Fedtrade Podcast recently interviewed William (Bill) Hite, CEO and Founder of HSA Global, as part of our SelectUSA Investment Summit Spotlight series. With locations in Boston, Chicago, and Germany, HSA Global helps with the navigation of international expansion, offering services such as running back office, managing financial, tax and legal services, and providing CFO.

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Trade Court Bans Altria Vape Imports In Juul Patent Case

IP Law 360

The U.S. International Trade Commission has upheld a judge's August finding that Altria's NJOY brand vaping products infringe four patents owned by rival Juul, and further ordered a ban on imports of the infringing products.

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Pitfalls of Co-Branding: How to Avoid Diluting Your Trademarks in Agreements

JD Supra Law

Co-branding has helped mega worldwide brands increase their sales and their reach. BMW and Louis Vuitton partnered their luxury brands with the automaker creating an i8 sports car with space for a four-piece set of luggage crafted from carbon fiber. Red Bull and GoPro created a Super Bowl commercial that showed off the energy drinks extreme sports brand through the other brands wearable camera in a skydive from space.

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2nd Circ. Backs Valentino $200K Award In Copyright Feud

IP Law 360

The Second Circuit on Thursday affirmed the enforcement of a Milanese arbitral award favoring Italian luxury fashion house Valentino following a copyright dispute with a New York-based designer, agreeing with a lower court that the parties' contract delegated jurisdictional questions to an arbitrator.

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Avoiding the Provisional Application Filing Pitfall of Narrowed Claim Interpretation

JD Supra Law

Provisional patent applications are popular in the U.S. for the various advantages they may provide applicants, including lower filing costs, less restrictive United States Patent and Trademark Office (USPTO) filing requirements, and providing priority dates that do not affect patent term or count toward the 1.17(w)(1) fee for filing continuation applications.

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Ex-Charter Communications IT Exec Says Noncompete Is Void

IP Law 360

A former Charter Communications Inc. executive asked a Connecticut federal judge to throw out the company's trade secrets claims against him or at least transfer the case to Colorado, arguing his ex-employer has failed to say what secrets he allegedly took to his new job and that his noncompete agreement is void.

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Pirate IPTV: Sweden Mulls ‘Viewing Ban’ as Illegal Subscriptions Soar 25%

TorrentFreak

With the original Pirate Bay generation now all grown up, those few years of pirate rebellion aired on the world stage have been fading in Sweden for quite some time. On the rapidly evolving internet, such things are inevitable. Yet, even those most dedicated to The Pirate Bay’s downfall may take a moment to consider how things were, and how that led to the almost unrecognizable piracy arena that exists today.

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NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund

IP Law 360

In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.

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Engaging Advisors From Universities and Research Institutes: What You Should Know

JD Supra Law

Engaging an expert with ties to a university or research institute to serve as an advisor to your startup can add a ton of value. This is especially so in industries such as life sciences, where many experts with specialized knowledge and experience are involved in cutting-edge research at these institutions. By bringing on such an expert in an advising role, a startup can both benefit from the advisors insight and bolster its own credibility.

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