Plagiarism Today
OCTOBER 9, 2024
Those who win damages at the Copyright Claims Board can now get certified final determinations to have them enforced in court. The post Copyright Claims Board Now Offers Certified Final Determinations appeared first on Plagiarism Today.
JD Supra Law
OCTOBER 9, 2024
Join Troutman Pepper Partners Bill Belanger and Greg Len for an insightful discussion on the evolving landscape of intellectual property (IP) within the renewable energy sector. Discover the increasing trend of patent infringement litigation, the importance of a robust IP strategy, and real-world examples of how companies can protect their innovations.
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Plagiarism Today
OCTOBER 9, 2024
Movie studios target anime piracy site, Taiwan composers battle over music score and author sues Bungie over Destiny 2 expansion. The post 3 Count: Settling the Score appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 9, 2024
As more states legalize recreational marijuana, the incidence of children accidentally ingesting cannabis edibles has also risen dramatically. According to Pediatrics, a journal published by the American Academy of Pediatrics, the number of children under six years old who have consumed cannabis products surged by 1,375% from 2017 to 2021. See Marit S.
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?
SpicyIP
OCTOBER 9, 2024
Image from here In Modern Molds v. Flipkart , the Delhi High Court was deciding a passing-off suit. The Plaintiff claimed that Flipkart allowed other sellers to ‘latch on’ to the Plaintiff’s listings on the e-commerce website. What does latching on mean? This video by Flipkart on YouTube provides a quick explainer. Latching on allows a seller, who is, let’s say selling garments, to see which is the best-selling product in that category.
IP Law 360
OCTOBER 9, 2024
A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Patently-O
OCTOBER 9, 2024
by Dennis Crouch In a stunning development, the USPTO recently terminated proceedings in approximately 3,100 patent applications due to the fraudulent use of a practitioner's signature. This mass termination, announced on October 2, 2024, stems from an investigation that uncovered misconduct involving the unauthorized use of a registered patent agent's electronic signature.
Technology & Marketing Law Blog
OCTOBER 9, 2024
Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. That produced a string of waffly or irresolute rulings, such as the appellate rulings in Rescuecom v. Google (2d Circuit) and Rosetta Stone v. Google (4th Circuit). Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy.
SpicyIP
OCTOBER 9, 2024
It is rather tragic that very few Controllers in India write sufficiently detailed and reasoned decisions, and the position is even dismal when one hopes to come across well-analysed jurisprudential orders for patent grants/rejections. To narrow this down further in scope, let’s take ‘patents of addition.’ By themselves, these have not attracted much limelight.
JD Supra Law
OCTOBER 9, 2024
In March 2024, the Indian Ministry of Commerce and Industry published changes to its 2003 Patent Rules. These applicant-friendly changes include (1) a relaxation in the rules relating to the submission of information regarding related foreign applications; (2) a liberalization of the divisional practice, aligning it more closely with continuation practices in the United States; (3) a reduction in the time allowed to file the request for examination from 48 months to 31 months; (4) a.
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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.
Kluwer Copyright Blog
OCTOBER 9, 2024
The Institute for Information Law (IViR) at the University of Amsterdam, in collaboration with Kluwer Law International , publisher of the Information Law Series , has launched an online archive of older book volumes published in the series. The Information Law Series , which was established in 1991, is the world’s first and foremost academic book series in the field of information law and policy.
IP.com
OCTOBER 9, 2024
On November 3, IP.com will unveil an exciting new chapter for the Prior Art Database. As part of our commitment to enhancing prior art and non-patent literature research, the platform will undergo a major transformation and rebranding. The Prior Art Database will officially become InnovationQ , offering a fresh, modern design and additional functionality, inspired by our premium patent search, analytics platform, InnovationQ+.
Kluwer Copyright Blog
OCTOBER 9, 2024
Earlier this year, the Italian Supreme Court (Corte di Cassazione) issued an order (Cass., ord. no.11413/2024) in a case concerning the protection by copyright of a lamp design. Part I of this post outlined the decisions issued as the case made its way through the Italian court system. Part II will now turn to the compatibility of the approach adopted by the Italian courts to the cumulation of design and copyright protection for works of industrial design and applied art (WAA) with the existing
JD Supra Law
OCTOBER 9, 2024
On 8 July 2024, Hong Kong's Commerce and Economic Development Bureau (“CEDB”), along with the Intellectual Property Department (“IPD”), released a public consultation paper on copyright and artificial intelligence (AI) (“Consultation Paper”). The consultation period lasted for two months and concluded on 8 September 2024.
The TTABlog
OCTOBER 9, 2024
The parties to this cancellation proceeding opted to litigate the case under the Accelerated Case Resolution (ACR) regime. In accordance with the parties' stipulation, the case was divided into two stages, the first stage addressing the issue of whether Respondent Jerry's Famous Deli had ceased use of the registered marks RASCAL HOUSE , WOLFIE COHEN’S RASCAL HOUSE , and the word-and-design mark shown below, for restaurant services.
JD Supra Law
OCTOBER 9, 2024
Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
OCTOBER 9, 2024
A Delaware Superior Court judge has tossed a malpractice suit alleging that Frost Brown Todd LLP failed to adequately investigate infringement issues with trademarks a football league sought to use in the relaunch of the United States Football League.
JD Supra Law
OCTOBER 9, 2024
Trastuzumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
SpicyIP
OCTOBER 9, 2024
Image from here [ This post is authored by Md. Sabeeh Ahmad. Sabeeh is an Advocate and is a law graduate from AMU, Aligarh. His previous posts can be accessed here.] The Calcutta High Court has on October 8, 2024, notified the new roster of judges. Most noticeably and for the interest of our readers, the Cal HC has also notified the roster for the newly formed Intellectual Property Rights Appellate Division and Intellectual Property Rights Division with effect from November 4, 2024.
JD Supra Law
OCTOBER 9, 2024
American Girl, LLC v. Zembrka, No. 21-cv-1381 (2d Cir. September 17, 2024) - On September 17, 2024, the Second Circuit concluded that under New York’s Long Arm Statute, a business that receives a single product order, sends an order confirmation email, and accepts payment from a customer with a New York shipping address, “transacts business in New York” for purposes of establishing specific personal jurisdiction over a defendant.
Velocity of Content
OCTOBER 9, 2024
While the CCC Product Management team loves to interact with clients (direct engagement is the best way to identify problems and create valuable solutions!), we also spend a great deal of time working with our colleagues in Engineering, Project Management, Business Analysis, and more to execute processes that ensure we can deliver solutions the best way possible.
JD Supra Law
OCTOBER 9, 2024
Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
OCTOBER 9, 2024
The founder of Spyrus Inc., which assigned its data security patents to SPEX Technologies, Wednesday told California federal jurors in the infringement trial against Western Digital that Kingston Technology paid a royalty rate of $20 per flash drive sold to license the patent and never challenged its validity.
JD Supra Law
OCTOBER 9, 2024
The United States Patent and Trademark Office (USPTO) has announced that the After Final Consideration Pilot Program (AFCP 2.0) will expire on December 14. The current program will remain in effect until that date.
Likelihood of Confusion
OCTOBER 9, 2024
Originally posted 2009-12-02 14:03:26. Republished by Blog Post Promoter(Dead links replaced on reposting.) I’ve argued tiresomely (heh) that the problem with the McCain-Feingold Anti-Sedition Act is that it gives a privileged position to one kind of commercial speech — the kind made by commercial enterprises that happen to be in the media business — above […] The post Testing the Anti-Sedition Act appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
OCTOBER 9, 2024
The court in American Cyanide Co. (No. 1) v. Ethicon Ltd. (1975) UKHL 1, established guidelines for when courts should grant interim injunctions. There, an American company, American Cyanide, claimed a British company, Ethicon Ltd. was infringing on its patent for absorbable surgical sutures. The court set forth as one of the requirements to impose an injunction that there must be a serious matter to be tried.
IP Law 360
OCTOBER 9, 2024
The rise of generative artificial intelligence has led to a tsunami of copyright lawsuits by authors alleging OpenAI and other tech companies are ripping off their works, but on Wednesday the nation's largest professional organization for writers announced a new plan of attack: Help writers license their works to AI companies.
IP Watchdog
OCTOBER 9, 2024
The U.S. Patent and Trademark Office (USPTO) announced today that it has finalized a proposed rule expanding opportunities to practice before the Patent Trial and Appeal Board (PTAB). After considering comments received, the final rule will allow parties to proceed without separate backup counsel contingent upon a showing of good cause. However, the final rule scrapped a proposal to permit non-registered counsel admitted pro hac vice to serve as lead counsel in America Invents Act (AIA) proceedi
IP Law 360
OCTOBER 9, 2024
The crypto project suing Martin Shkreli for allegedly harming the value of a one-of-a-kind Wu-Tang Clan album on Wednesday once again told a New York federal judge that the notorious pharmaceutical executive hasn't complied with an order directing him to account for all copies of the album he may have made.
Velocity of Content
OCTOBER 9, 2024
It continues to be a very busy time for copyright and collective licensing around the world. At CCC, we see it as an important part of our mission to track the copyright landscape and to keep our partners informed about the latest developments. This update summarizes some important highlights from key jurisdictions. Like many governments around the world, the one in Hong Kong has been reviewing its current copyright legislation in light of AI and related technologies.
IP Law 360
OCTOBER 9, 2024
A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.
Michael Geist
OCTOBER 9, 2024
Meta has blocked news links on its Facebook and Instagram platforms for more than a year in response to the Online News Act , resulting in significant lost traffic to many Canadian news sites. The company’s position has been pretty clear from the start: the law applies to digital news intermediaries that make “news content produced by news outlets available to persons in Canada.
IP Law 360
OCTOBER 9, 2024
The Port of Oakland has told a California federal judge that San Francisco's preliminary injunction bid should be rejected as the city is not likely to prevail on its trademark infringement claims over the renaming of Oakland's airport to "San Francisco Bay Oakland International Airport," saying it doesn't create confusion.
Nelligan Law
OCTOBER 9, 2024
Reading Time: < 1 minute Honda Canada has issued a significant recall affecting nearly a quarter of a million vehicles in Canada. In the United States, that figure climbs to more than 1.69 million vehicles. If you notice abnormal noise or a momentary “sticky” feeling when driving any of the following vehicles, you should immediately take your car to a Honda or Acura dealership for repair: 2023-2025 Acura Integra 2024-2025 Acura Integra Type S 2022-2025 Honda Civic Sedan 2022-2025 Honda Civic
IP Law 360
OCTOBER 9, 2024
The 95-year-old widow of "Sophie's Choice" author William Styron urged a judge on Wednesday to dismiss a lawsuit alleging that she broke a deal for the theatrical rights to the 1979 novel, saying the agreement signed between the playwright plaintiff and her late husband in 2005 and several later agreements expired more than five years ago.
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