Mon.Nov 18, 2024

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CCB Awards Photographer it’s Largest Damage Award

Plagiarism Today

The Copyright Claims Board has awarded a photographer $11,000 in damages. However, the photographer only narrowly won the case. The post CCB Awards Photographer it’s Largest Damage Award appeared first on Plagiarism Today.

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The Team-Based Reality of Modern Innovation: Average Patent Now Lists More Than Three Inventors

Patently-O

by Dennis Crouch New data from the USPTO shows that the amazing transformation in patent inventorship continues: the average number of inventors per utility patent has reached 3.2 in 2024, nearly double the 1.7 inventors per patent seen in 1976. This steady rise in team-based inventing reflects fundamental changes in how innovation occurs and how the patent system operates.

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3 Count: Lawsuit Fishing

Plagiarism Today

Final defendant convicted in Jetflicks case, Katy Perry fights copyright infringement appeal and Anheuser-Busch sued over fishing art. The post 3 Count: Lawsuit Fishing appeared first on Plagiarism Today.

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The Beginning of AI-Copyright Litigation in India?: ANI vs OpenAI in DHC Tomorrow

SpicyIP

OpenAI logo. Image from here AI litigation seems to have reached India! Readers will be interested to know that ANI MEDIA PVT LTD V/s OPEN AI INC & ANR. has been listed before the IPD Bench of Justice Amit Bansal at Delhi High Court tomorrow (November 19, 2024 – Court Number 45, Item No. 39). Aditi Agrawal from Hindustan Times has reported that ANI has alleged OpenAI of exploiting its content to train its Large Language Models (LLMs) and that ChatGPT (OpenAI chatbot) produces ANI’s con

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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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Netgear Says Huawei Engaging In Global Patent 'Warfare'

IP Law 360

Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.

Patent 98
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SpicyIP Weekly Review (November 11-November 17)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s order in Dabur v. Alpino, WIPO’s report on diversification and economic development, and the dispute between Samsung and its trade union over the use of “Samsung” in the Union’s name. This and a lot more in this week’s SpicyIP Weekly Review.

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Class Dismissed as Boston University Resolves Copyright Clash

BYU Copyright Blog

Class Dismissed as Boston University Resolves Copyright Clash University,Work for Hire,Fair Use,Settled Out of Court Audrey Vengesai November 18, 10:01 AM November 18, 10:01 AM In September 2024, Babak Boghraty ("Boghraty"), a lecturer and content creator, filed a lawsuit against the Trustees of Boston University ("Boston University" or the "University"), alleging the unauthorized use of his copyrighted course materials.

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Protecting Intellectual Property in the Digital Age

JD Supra Law

By 2027, the global cost of cybercrime, such as IP theft, is estimated to reach over $23 trillion (up from roughly $8 trillion in 2022), highlighting the critical need for strong IP protection. However, as technology evolves, safeguarding intellectual property (IP) has become increasingly challenging. With new state privacy legislation, such as the Delete Act, to protect the sale of personal data, along with artificial intelligence legislation orchestrated by the FTC and new laws protecting.

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The Second Circuit’s Metabirkin Dilemma: Constitutionally Protected Artistic Expression or Trademark Misappropriation?

IP Watchdog

On October 23, 2024, the U.S. Court of Appeals for Second Circuit heard oral argument in Hermès Int’l et al. v. Rothschild, an appeal brought by Rothschild that challenges the jury’s February 2023 verdict and certain related legal rulings made by the U.S. District Court for the Southern District of New York. This case will undoubtedly impact the ability of third parties to use a brand’s trademark in artistic endeavors or the ability of brands to restrict the use of their trademarks by third part

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Seventh Circuit Refuses to Vacate Arbitration Award Under Public Policy Exception

JD Supra Law

The Seventh Circuit Court of Appeals recently refused to invalidate an arbitration award in a breach of contract case involving patent royalties based on purported violations of public policy.

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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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My latest acquisition

43(B)log

They're even in my size! Heavy, but not as hard to walk in as I feared.

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Settlements Don’t Close the Door: Antitrust Claims Follow IPR Challenges in Life Sciences

JD Supra Law

In the ongoing case of Carefirst of Maryland Inc. v. Johnson & Johnson, the plaintiffs successfully overcame a motion to dismiss. At the heart of the case is J&J’s legal strategy against biosimilar competitors, including Amgen, and the role of settlement agreements in controlling market entry dates for biosimilars.

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Director Review Petitions Charge PTAB Analysis of Plant Utility Claims Threatens Competition for U.S. Farmers

IP Watchdog

Two recent petitions to the U.S. Patent and Trademark Office (USPTO) for Director Review of denial of post grant review institution decisions claim that the Patent Trial and Appeal Board’s (PTAB’s) approach to reviewing plant utility claims is deterring competition in seed markets. The petitions, filed by Inari Agriculture, Inc., ask the USPTO Director to reverse two denials of institution relating to U.S. patent Nos. 11,659,803 and 11,666,020, owned by Pioneer Hi-Bred International, Inc., both

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ANDA Litigation Settlements - Reported Settlements in Federal District Court Cases

JD Supra Law

This chart summarizes the case name, drug, patents-in-suit, and publicly available terms for reported settlements in federal district court cases that are filed pursuant to the Hatch-Waxman Act.

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Meta Can Ditch Mike Huckabee's CBD Fake Ad Suit

IP Law 360

Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.

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Federal Circuit Clarifies the "Dispositive" Requirement of the Foreign Antisuit-Injunction Framework

JD Supra Law

On 24 October 2024, the Federal Circuit issued a precedential decision in Telefonaktiebolaget LM Ericsson v. Lenovo (U.S.), Inc. concluding that the threshold “dispositive” requirement of the foreign-antisuit-injunction framework can be met if a foreign antisuit injunction would resolve a foreign injunction, even if it would not resolve the entire foreign proceeding.

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Full 2nd Circ. Asked To Weigh Sheeran's 'Let's Get It On' Win

IP Law 360

Structured Asset Sales LLC has asked the full Second Circuit to review a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," arguing the panel incorrectly affirmed a lower court's ruling that the Copyright Act of 1909 only protected the Motown song's sheet music.

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Patent Poetry: Buying Rival’s Trademark as Keyword Search Doesn’t Violate Lanham Act

JD Supra Law

The Ninth Circuit has affirmed a district court’s grant of summary judgment for the defendant in a case in which the plaintiff law firm claimed the defendant firm’s purchase of a keyword search term violated the Lanham Act.

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Melinta Obtains Ban On Generic Antibiotic Injections In IP Row

IP Law 360

A drugmaker that recently sold a manufacturing facility to Eli Lilly for nearly $1 billion has failed to persuade a federal judge in Chicago to wipe out patents covering a line of injections that treat infections developed by a recently bankrupt antibiotic developer.

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Resolving Claim Construction Dispute at 12(b)(6) Stage May Be Error if Specification Indicates Claim Term Does Not Have its Plain Meaning

JD Supra Law

UTTO INC. v. METROTECH CORP. Before Prost, Taranto, and Hughes. Appeal from the United States District Court for the Northern District of California. Summary: The district court erred in construing the claims at the motion to dismiss stage where the plain meaning of the word “group” was “two or more,” but the specification indicated the term may mean “one or more.”.

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Art Org. Freed From Suit Over Fake 'LOVE' Copyright Claim

IP Law 360

A New York federal judge has freed a visual arts licensing organization from an art publisher's lawsuit accusing it of falsely claiming copyright ownership to late artist Robert Indiana's iconic "LOVE" image and scheming to fraudulently sell licenses for it, saying the publisher's claims didn't pass muster.

Art 52
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SkyKick – What Brand Owners Need to Know

JD Supra Law

On 13 November 2024 the UK Supreme Court handed down its decision in the case of SkyKick UK Ltd and Sky Ltd (full decision here). By the time the long-running dispute reached the Supreme Court, the key point in issue was whether the practice of filing a trade mark application for goods and/or services for which the applicant could not reasonably be said to have a genuine intention to use the marks applied for constituted bad faith, and therefore a ground to invalidate the subsequent.

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ITC Judge Clears Lenovo In Ericsson Patent Row

IP Law 360

A U.S. International Trade Commission judge has found that claims in a pair of Ericsson patents were invalid, handing a win to Lenovo in a case over mobile phones, laptops and other related products.

Patent 52
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Amgen Files BPCIA Complaint Against Accord Biopharma Regarding Denosumab Biosimilar

JD Supra Law

​​​​​​​On November 13, 2024, Amgen filed a BPCIA complaint in the District Court for the Eastern District of North Carolina against Accord Biopharma, Inc.; Accord Healthcare, Inc.; and Intas Pharmaceuticals, Ltd., related to Accord’s proposed biosimilar of Amgen’s PROLIA and XGEVA.

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Texas Judge Suggests Letting Influencers Battle Over 'Beige' IP

IP Law 360

A federal magistrate judge has declared that a "feud between social media influencers" in Texas is the first of its kind in the country, as it's an intellectual property dispute over replicating a rival's "neutral, beige, and cream aesthetic.

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RERA- Forfeiture of booking amount

IP and Legal Filings

INTRODUCTION A couple from Mumbai has emerged victorious in a court case where a developer refused to return their deposit after the couple changed their mind about purchasing the apartment. The tribunal decided on their complaint and granted them Rs 20.65 lakh, it further advertised itself as a protector of consumer interest in the real estate market.

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USPTO Director Kathi Vidal To Rejoin Winston & Strawn

IP Law 360

Winston & Strawn LLP said Monday that Kathi Vidal, director of the United States Patent and Trademark Office, is slated to rejoin the firm.

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Precedential No. 27: TTAB Dismisses Empresa Cubana's Pan-Am Article 8 Claim, But With Leave To Re-Plead

The TTABlog

In a precedential decision of interest to the many aficianados of the Pan-American Convention, the Board granted a Rule 12(b)(6) motion to dismiss Petitioner Empresa Cubana's claim for cancellation under Article 8 of the Convention. Empresa's allegations fell just short of stating a proper claim, but the Board gave Empresa twenty days to re-plead. Empresa Cubana del Tabaco d.b.a.

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PPG Says Manager Stole Sales Data In Incora Move

IP Law 360

PPG Industries Inc. hit its competitor Incora and a former sales manager who joined the latter company earlier this year with a trade secrets lawsuit Friday, alleging that its onetime employee absconded with PPG's "highly proprietary" pricing platform to help Incora move in on the company's markets.

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“Scandalousness” remains a lightning rod at the TTAB

Likelihood of Confusion

Originally posted 2008-09-24 11:39:48. Republished by Blog Post PromoterJohn Welch reports on an interesting, not quite safe for home viewing case called Boston Red Sox Baseball Club Limited Partnership v. Brad Francis Sherman in which the TTAB sustained an opposition to a trademark brought by the Boston Red Sox, owners of the RED SOX mark, […] The post “Scandalousness” remains a lightning rod at the TTAB appeared first on LIKELIHOOD OF CONFUSION™.

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Medical Group Wants Justices To Review IP Safe Harbor Fight

IP Law 360

A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.

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Sexologist Caitlin V. Neal Takes Legal Action Against Anonymous E-Commerce Merchant for Unauthorized Use of Likeness

Indiana Intellectual Property Law

Caitlin V. Neal , a prominent sexologist and sexual health coach, has filed a lawsuit against an e-commerce merchant based in China for using her likeness without consent to promote its products. Neal, who has built a significant online presence across platforms like YouTube, Instagram, TikTok, and Facebook, alleges that the defendant used her image in online ads for adult wellness products she does not endorse.

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1st Circ. Denies Lizzie Borden House Infringement Claim

IP Law 360

The First Circuit won't bar a Massachusetts coffee shop from using the first name of historical figure Lizzie Borden and an image of an ax, finding that the company that owns and runs Borden's family home as a museum and bed and breakfast is unlikely to prove a trademark infringement claim.

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Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024

Trading Secrets

Seyfarth is proud to serve as a Silver Sponsor of the Trade Secrets Symposium 2024: Navigating the Law of Trade Secrets and Restrictive Covenants , presented by the New York City Bar Association. This two-day virtual event will take place on Monday, December 9, and Tuesday, December 10, 2024, from 9:00 a.m. to 1:25 p.m. (ET). The Symposium offers a comprehensive exploration of trade secret law, focusing on critical topics such as: Fundamentals of trade secret law and the regulatory landscape in

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How Patent Landscape Analysis Drives Business Growth

IP Law 360

Keegan Caldwell at Caldwell Law explores how patent landscape analysis serves as a key driver of sustainable growth — examining how its components, strategic advantages and implementation best practices are reshaping innovation leadership.