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The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here , here , here , here , here , here , here , here and here ).
Trade secrets are the lifeblood of any business. Across industries and states, companies safeguard a wealth of critical information that provides a competitive edge. Perhaps the most famous example is Coca-Cola’s secret formula — often imitated, never replicated. This closely guarded recipe has given the company a significant market advantage over competitors in the soda industry for decades.
On November 13, 2024, after almost 17 months of anticipation, the UK's Supreme Court finally handed down its decision in SkyKick (Appellants) v. Sky (Respondents). What began as a (relatively) simple claim by Sky for trademark infringement of various SKY trademarks (the "SKY Marks") by SkyKick, ultimately resulted in four High Court judgments, a referral to the CJEU, a Court of Appeal ruling and ended in a significant Supreme Court decision.
The Unified Patent Court ("UPC") and the unitary patent—which came into force in June 2023—were created at the request of European industry in order to benefit from a single title (the unitary patent) covering the territory of several European Union Member States (18 states to date), and a unified jurisdiction (the UPC) competent to sanction infringement and to check legal validity in all these territories.
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?
In 2019, Internet provider Cox Communications lost its legal battle against a group of dozens of record labels, including Sony and Universal. Following a two-week trial, a Virginia jury held Cox liable for its pirating subscribers. The ISP failed to disconnect repeat infringers and was ordered to pay $1 billion in damages. This case is one of many. Other ISPs have been accused of being similarly lax in their stance against alleged piracy.
California’s AB 2013, the “Generative Artificial Intelligence Training Data Transparency Act,” is poised to reshape the landscape for developers of Generative AI (GenAI) systems. Signed into law on September 28, 2024, it sets forth comprehensive requirements for transparency in AI training datasets, reflecting growing public demand for accountability in artificial intelligence.
How does the Supplemental Register differ from the Principal Register? Erik explains the key elements in this episode. The post What is the Supplemental Register? appeared first on Erik M Pelton & Associates, PLLC.
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How does the Supplemental Register differ from the Principal Register? Erik explains the key elements in this episode. The post What is the Supplemental Register? appeared first on Erik M Pelton & Associates, PLLC.
Earlier this month, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of copyright protection in the United Kingdom.
As mentioned in my last post, continuous improvement (kaizen) is done through people, ideally close to the shop floor. You should always look for people to develop and grow, as they in turn nurture your continuous improvement. While it is really hard to give specific recommendations that apply to everybody, let me muse a bit.
On November 19, 2024, a jury found that online retailer Vintage Brand LLC and its manufacturer Sportswear Inc. infringed the Pennsylvania State University's ("Penn State") trademarks in connection with the sale of merchandise bearing Penn State's name and imagery without permission.
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 owners generally look to secondary indicia to bolster their nonobvious defenses when prior art and/or knowledge of a person of ordinary skill in the art (“POSA”) seem to make the obviousness decision a close call. This trend is just as common in Hatch Waxman litigation.
It’s hard to believe that I am now entering my tenth year as the CEO of the Copyright Alliance. It’s been a great ten years. I have been blessed with […] The post A Copyright Alliance Thanksgiving 2024 appeared first on Copyright Alliance.
On October 18, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision addressing claim construction at the Rule 12(b)(6) stage. In UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), the Federal Circuit rejected a categorical claim construction bar at the Rule 12(b)(6) stage and clarified that the standard allows a court to arrive at a sufficient claim construction at the Rule 12(b)(6) stage without a formal Markman hearing.
Introduction Intellectual Property (IP) insurance is a specialized form of coverage designed to protect individuals and businesses from the financial and legal risks associated with IP disputes. These disputes often arise from patent, trademark, or copyright infringement claims, which can lead to costly litigation and significant damages. With the increasing reliance on technology and innovation, IP insurance has gained prominence as a vital tool for mitigating the risks that accompany intellect
On November 20, the United States Patent and Trademark Office (USPTO) issued a final rule adjusting patent fees beginning in 2025. According to the Office, the new fee schedule will increase fee collections by approximately $440 million annually, which is necessary to grow its patent operating reserve to an optimal level (three months of operating expenses).
Revant Himatsingka (FoodPharmer). Image from here. [ This post is co-authored by Samridhi Chugh and Manya Gupta. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. Her previous posts can be accessed here. Manya is a fourth-year student at the National Law University, Delhi.
On Nov. 21, 2024, U.S. Patent and Trademark Office Director Kathi Vidal issued a Patent Trial and Appeal Board (PTAB) Director Review decision addressing 35 U.S.C. § 315(a)(1) and § 315(b), the statutes that preclude institution of inter partes review (IPR) proceedings after certain civil actions are filed.
X Corp. partially revived its lawsuit Tuesday against Israeli data scraping firm Bright Data after a California federal judge allowed the social media company to amend some of its claims and add new ones, finding X now plausibly alleges the defendant's "sophisticated efforts" to access the platform caused harm.
Cisco Systems, Inc. et al. v. K.Mizra LLC, Appeal Nos. 2022-2290, 2023-1183 (Fed. Cir. Nov. 19, 2024) In the Federal Circuit’s only precedential action this week, a panel of the Court declined to dismiss an appeal after the parties had settled their dispute. The Court proceeded to issue its mandate to the Patent Trial and Appeal Board for further proceedings in accordance with its opinion from earlier this year.
Gilead Sciences Inc. has won nearly $32 million in a case involving a scheme to wrongfully repackage HIV treatments and sell them off as counterfeit Gilead products, a California federal judge has ruled.
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: USPTO Director Vidal to Step Down - On November 12, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Kathi Vidal announced her resignation effective the second week in December.
A California federal judge refused to toss an indie director's claims that filmmaker M. Night Shyamalan copied her movie to make a TV show for Apple TV+, agreeing with the Ninth Circuit that the issue of whether the two works are substantially similar will need to be resolved by a jury.
When the AI Act was first proposed by the European Commission in 2021, the concept of “general purpose AI” was nowhere to be found. These rules were introduced during the legislative process to align the AI Act to the evermore present general-purpose AI models (GPAI) such as GPT-4. This publication in our “Zooming in on AI” series focuses on GPAI models.
A Minnesota company that makes commercial floor scrubbers was ordered by a jury to pay a little under $10 million to a small licensing company that owns reissued patents that cover the idea of using "tiny bubbles" as a way of "oxygenating flowing water.
The US Patent and Trademark Office (USPTO) recently announced that it will increase patent fees effective January 19, 2025. The USPTO will raise almost all existing patent fees. Although the USPTO made a few exceptions for policy reasons, existing patent fees will generally be about 7.5 percent higher across the board. The USPTO will also add new types of patent fees.
Meta has scored a ruling from Waco's U.S. District Judge Alan Albright finding that some of the language in patents connected to a failed mobile fitness brand, asserted against Meta's virtual reality headsets, fails to hold up in court.
Ericsson v. Lenovo, Inc., 2024 WL 4558664 (Fed. Cir. 2024) - On October 24, 2024, the Federal Circuit in Ericsson v. Lenovo vacated a district court’s denial of Lenovo’s request for an antisuit injunction in a case involving standard essential patents (SEPs).
A company that had its processor module patent claims thrown out by the Patent Trial and Appeal Board is arguing at the U.S. Supreme Court that the way the board is set up flouts the Administrative Procedure Act.
The United States Patent and Trademark Office (USPTO) announced an increase in patent fees to take effect on January 19, 2025. The final rule (Rule) was published on November 20, 2024, and is mandated by the Leahy-Smith America Invents Act (AIA) and amended by the SUCCESS Act, which aims to ensure the USPTO has sufficient revenue to cover its operating costs.
The full Federal Circuit declined Tuesday to reconsider a panel's ruling that vacated a $3.9 million attorney fees award to Dish Network for its successful defense against a Realtime Adaptive Streaming patent suit.
It’s been 10 years since Alice was decided. Kilpatrick’s Steve Borgman and Andrew Saul recently presented at the 29th Annual Advanced Patent Law Institute in Austin, Texas, on recent cases and trends in the courts and the USPTO involving Section 101, as well as some of the highlights (or lowlights) in the 10 years since Alice. In addition, tips for litigation and prosecution were provided.
Oracle Corp. claimed in a trademark infringement lawsuit filed in California federal court that cryptocurrency consulting company Crypto Oracle has resumed using the "Crypto Oracle" name four years after it agreed to stop using the "Oracle" marks in an earlier suit from Oracle Corp.
Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement substantial increases to trademark fees, impacting application filings, post-registration maintenance filings, and Letters of Protest and Petitions to the Director.
The California federal judge overseeing the NCAA name, image and likeness class action that is nearing closure issued guidelines Tuesday for third-party servicing companies offering to help student athletes secure their portion of a preliminarily approved $2.78 billion settlement.
The National Football League has paid more than $1.3 billion to settle claims from former professional athletes who suffered neurological damage due to concussions sustained while playing, with 4% of that earmarked for their attorneys, according to a report by the court appointed special master and claim administrator for the multidistrict litigation.
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