Fri.Aug 23, 2024

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The Hazy Landscape of Trademark Protection for Cannabis Products in the U.S.

JD Supra Law

Navigating the cannabis industry’s legal landscape in the United States is like moving through an ever-evolving maze, especially in the world of intellectual property. As more states legalize cannabis for medical and recreational use, cannabis businesses are racing to establish their brands. Yet, the path to trademark protection remains foggy.

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Pirate IPTV Raid: 150+ Encoders, STBs, and Servers Seized, Operators Arrested

TorrentFreak

A cursory skim through blocking records for Italy’s Piracy Shield system reveals that pirate IPTV servers can operate from almost anywhere. Asia-linked servers and services make regular appearances in the AGCOM list with China, Hong Kong and Taiwan-based platforms causing issues for rightsholders all over the world. Within China itself, enforcement actions take place far less often than rightsholders believe they should, but in Taiwan, raids are reported more frequently, with foreign right

Reporting 110
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The Biggest Texas Trial Rulings Of 2024: Midyear Report

IP Law 360

Trial courts in Texas saw a series of high-dollar verdicts for plaintiffs in suits over patent infringement and personal injuries, but appellate courts tempered some plaintiffs' successes, backing a large retail employer in a harassment suit and tossing a verdict based on a lawyer's remarks. Here's a look at some of the biggest trial decisions in Texas in the first half of 2024.

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Traditional Knowledge in Patents: Need for Clarity and Interpretation

SpicyIP

Looking at Traditional Knowledge and Patents: The MHC recently upheld the Controller’s rejection of a patent application for being based on Panchagavya, a form of Traditional Knowledge. In this post, Vishno Sudheendra and Kevin Preji use this order to look into the scope of Section 3(p) with regard to non-medicinal inventions, and with an emphasis on the phrase “in effect traditional knowledge” Vishno and Kevin are third year law students at the NLSIU, Bangalore.

Patent 97
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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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Anthropic Says Music Cos. Haven't Met Burden For Injunction

IP Law 360

Artificial intelligence company Anthropic has blasted a preliminary injunction request from several music publishers suing for alleged infringement of copyrighted lyrics to train Anthropic's chatbot Claude, telling a California federal court the publishers have not shown they would suffer irreparable harm before trial.

Music 98
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Rising IP Trolling: Urgent Need for Awareness on Legitimate Usage

SpicyIP

[ This post is authored by SpicyIP intern Aditi Bansal. Aditi is a fourth year law student studying at OP Jindal Global University. She is incredibly passionate towards IP laws and its workings. Her previous post can be accessed here. ] Recently different law firms like Shardul Amarchand Mangaldas, Lall & Sethi and K&S Partners have released statements raising an alarm about impersonating scamsters duping people for money.

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The FTC noncompete ban is dead. Here are five steps employers should take now.

JD Supra Law

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair methods of competition.

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Planning Law Firm Content Calendars: What, When, Where

IP Law 360

During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

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Elena Ruiz and the Cuban Sandwich - The Double Irish with Dutch Sandwich Version for Closely Held Business Owners - Using Intellectual Property in Tax Planning for Business Owners

JD Supra Law

I have been a major fan of Afro-Cuban (Salsa) and Brazilian Bossa Nova music since high school. Most of you know by now that I grew up in the Panama Canal Zone. By the time I got to West Point in the summer of 1978, it was “sink or swim” in every facet of my life. It was only then that I realized Latin was a dead language but for a few Catholic churches that still have Mass read in Latin.

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Fed. Circ. Nixes $3.9M Dish Fee In Albright-Authored Decision

IP Law 360

The Federal Circuit has ruled that Dish Network should not have been awarded a $3.9 million fee for its successful patent suit defense against Realtime Adaptive Streaming, finding in a decision written by Texas federal judge Alan Albright that a lower court judge abused his discretion when he found the case "exceptional" based on six "red flags.

Patent 59
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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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Patent Case Summaries | Week Ending August 16, 2024

JD Supra Law

Platinum Optics Technology Inc. v. Viavi Solutions Inc., No. 2023-1227 (Fed. Cir. (PTAB) Aug. 16, 2024). Opinion by Cecchi (sitting by designation), joined by Moore and Taranto.

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TriZetto Says Infosys Swiped Healthcare Software Secrets

IP Law 360

Cognizant TriZetto Software Group Inc. on Friday lodged trade secret misappropriation and breach of contract claims against competitor Infosys Ltd., alleging that Infosys improperly used information about TriZetto's "closely guarded, proprietary software offerings" to develop its own competing products and services.

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Blockbuster Biologics - Review Issue 24

JD Supra Law

Welcome to the latest issue of Blockbuster Biologics Review, which covers the status and developments of post-grant challenges and patent litigations implicating blockbuster biologics and legislative proposals related to biosimilars in Q3 2024. We will continue to monitor developments in these post-grant challenges and litigations and provide you with regular updates.

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Del. Chief Judge Tells IP Biz Owner To Show Up, Pay $53K

IP Law 360

Delaware's top federal judge Friday ordered a Texas-based patent litigation business owner to appear before him to address what he called a "potential fraud on the court" and "misconduct" by the firm's counsel, adding she'll have to pay $53,000 in accrued sanctions for refusing to show up in-person since last year.

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[Video] The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

JD Supra Law

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie Lincenberg discuss the TTAB’s long-standing opinion on this episode of The Briefing.

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Maxell Urges Trade Commission To Bar TCL Smart TV Imports

IP Law 360

Maxell Ltd. urged the U.S. International Trade Commission to permanently bar TCL from importing certain smart televisions that Maxell claims infringe several of its patents, saying TCL continues to import allegedly infringing televisions despite being long aware of Maxell's patent portfolio.

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[Audio] (Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

JD Supra Law

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie Lincenberg discuss the TTAB’s long-standing opinion on this episode of The Briefing.

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Abbott Judge Suggests $54M Judgment In Test Strip TM Case

IP Law 360

A New York federal magistrate judge has recommended that default judgments totaling more than $54 million be entered against 85 companies and individuals who didn't respond to Abbott Laboratories' nearly decade-old trademark suit over gray-market diabetes test strips, according to a report and recommendation filed Thursday.

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Director Says Not Filing Mandatory Notices and POPR Does Not Justify Adverse Judgment

JD Supra Law

In a sua sponte Director Review, USPTO Director Vidal vacated an adverse judgement against Patent Owner for Patent Owner’s failure to submit a mandatory notice of information or file a preliminary response to a Petition within the required timeframe. Shenzhen Xinzexing E-commerce Co. Ltd. v. Shenzhen Carku Technology Co. Ltd., IPR2024-00222. Director Vidal deemed the PTAB’s adverse judgment was “premature.”.

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Caterpillar Can't Nix 12.9M Jury Loss In Wirtgen IP Row

IP Law 360

A Delaware judge has declined to overturn a $12.9 million verdict that Caterpillar was ordered to pay machinery manufacturer Wirtgen for infringing five road-milling machine patents, rejecting Caterpillar's equitable defenses that included the patents are unenforceable because of an unreasonable delay in the patent application process.

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Spiritual balm for clerkship-seeking law students

Likelihood of Confusion

Originally posted 2014-12-03 12:54:57. Republished by Blog Post PromoterIn a totally random way, I ended up linking to an old piece about my adventures seeking a first-year summer associate position at my other blog. Then after some very flattering feedback, I figured some readers of this blog might enjoy it, especially law students, so here […] The post Spiritual balm for clerkship-seeking law students appeared first on LIKELIHOOD OF CONFUSION™.

Law 52
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9th Circ. Reverses 'Patent Misuse' Ruling Against CR Bard

IP Law 360

The Ninth Circuit on Friday reversed a decision that cleared Atrium Medical Corp. in a $52.8 million breach of contract suit by C.R. Bard, concluding that the lower court wrongly held that Bard engaged in patent misuse by seeking royalties after its medical device patent expired.

Patent 52
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Keep your personal data safe with this guide

Olartemoure Blog

Considering that a large portion of the Colombian population uses the internet, the Superintendence of Industry and Commerce issued the “ Citizen’s Guide – Recommendations for Keeping Your Personal Data Safe in the Digital Environment ” which offers a series of useful tips to help users of digital platforms and mobile devices safeguard their information.

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LeBron's Tattoo Artist Can't Get New Trial In NBA 2K Case

IP Law 360

An Ohio federal judge declined to order a new trial after a jury rejected claims that 2K Games Inc. and Take-Two Interactive Software Inc.'s rendering of LeBron James in their NBA 2K video game series infringed a tattoo artist's copyrights.

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New intellectual property law in El Salvador

Olartemoure Blog

The Legislative Assembly of El Salvador approved a new Intellectual Property Law, which will replace the Trademarks and Other Distinctive Signs Law and the 1993 Intellectual Property Law. This law created the Instituto Salvadoreño de la Propiedad Intelectual (ISPI), which will be in charge of managing procedures and mediating conflicts arising from these rights.

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Judge Won't Restrict Access To RTX Trade Secrets Trial

IP Law 360

Defense contractor RTX Corp. won't be able to bar non-U.S. citizens from a trade secrets trial slated to get underway Tuesday, but exhibits, such as diagrams, will not be made visible to observers in the courtroom, a Massachusetts federal judge ordered.

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Patent infringement against Samsung

Olartemoure Blog

In another case involving technology developed by a university, on 5 August 2024, Harvard University filed a complaint against Samsung before the District Court for the Eastern District of Texas alleging patent infringement (available here ). According to the complaint, the Asserted Patents (US Patent Nos. 7,973,189 and 7,560,581) “include, for example, novel processes and materials for deposition of thin films that contain cobalt or tungsten metals.

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Split 6th Circ. Refuses To Undo Amway's $37M Coverage Win

IP Law 360

The Sixth Circuit affirmed Friday that an AIG unit must pay $37 million for failing to defend and indemnify Amway and parent company Alticor in a dustup with major record companies over the use of copyrighted music in ads.

Music 52
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Noncompete agreements amid legal disputes

Olartemoure Blog

A federal judge in Texas has blocked the implementation of a new rule by the Federal Trade Commission (FTC) that would ban noncompete agreements, questioning the FTC’s authority to impose such restrictions. Judge Ada Brown, who had previously issued a temporary block, criticized the FTC for failing to adequately justify the near-total ban on these agreements, calling the rule “arbitrary and capricious.” This decision adds to a series of conflicting judicial opinions in other st

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Vaping Co. VPR Says Rival Ashh Infringing E-Cig Tech

IP Law 360

Florida-based e-cigarette manufacturer VPR Brands has slapped a rival with a patent infringement lawsuit, telling a Michigan federal court that its competitor has been making and selling vapes that infringe its patented "electronic inhaler" and atomizer system.

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Parisian Photography Sues Angi for Alleged Instagram Copyright Breach

Indiana Intellectual Property Law

Paris -based photographer Julien Pepy has filed a lawsuit against Angie’s List, Inc., also known as Angi , for alleged copyright infringement. The case, filed in the Southern District of Indiana , highlights the growing concerns around digital content use and copyright protections. Julien Pepy, a professional photographer renowned for his distinctive images, claims that Angi, a major digital marketing company operating under the Instagram handle “@angi,” used his copyrighted photographs wi

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Drugmakers' 'Subjective Beliefs' Obscured In Antitrust Case

IP Law 360

A Pennsylvania federal judge has denied a request from direct purchasers of pharmaceuticals to compel the leaders of Abbott Laboratories and other companies to express "subjective beliefs" about sham patent litigation they allegedly engaged in, dismissing the purchasers' fears that the companies would change their position on certain issues at the last minute during trial.

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TTAB Reverses Section 2(d) Refusal of "LendingOne & Design" Over LENDERS ONE Due to Differences in Mortgage Lending Services

The TTABlog

Two Section 2(d) refusals reversed in one week? I kid you not. The Board overturned a refusal to register the mark shown below, for various mortgage lending services, finding confusion unlikely with the registered mark LENDERS ONE for "cooperative mortgage lending services" [LENDERS disclaimed]. The Board found the marks to be highly similar, but the second, third and fourth DuPont factors favored the applicant, and the cited mark was somewhat weak.

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AT&T Challenge To 4G Patent Is Late And Wrong, Judge Says

IP Law 360

An effort by AT&T to throw out one of the patents in a long-running suit over 4G LTE network services has fallen flat as a federal judge said the motion was nearly a year late and also legally wrong.

Patent 52
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Estoppel, Forfeiture of Arguments and Claim Construction on Appeal

CoCal IP Law Institute

Please join us Monday, August 26, 2024, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit in Softview, LLC v. Apple Inc. et al., No. 2023-1005, 2023-1007 (Fed. Cir. July 26, 2024), and Voice Tech Corp., v. Unified Patents, LLC 2022-2163 (Fed Cir. August [.

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