IP Watchdog

SEPTEMBER 6, 2024

This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one of its copyright infringement lawsuits in order to focus on fair use; China strengthens IP ties with Belt and Road Initiative Partners; and a Texas

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TorrentFreak

SEPTEMBER 6, 2024

The web is riddled with copyright infringing content, ranging from full-length blockbuster films, through small music samples, to reposted celebrity photos on social media. Not all of these offenses are equally problematic. Law enforcement authorities may go after the operators of large-scale pirate sites or services, but posting short film clips without permission typically doesn’t lead to trouble.

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Copyright Infringement Copyright Social Media Moral Rights 112

The Illusion of More

SEPTEMBER 6, 2024

After Internet Archive (IA) lost its copyright infringement suit with major publishers this week, the organization wasted no time alleging that great harm has been done to society. As if it had the posts ready to go, IA alleged that research itself was in peril and even went so far as to shamelessly post on […] The post Heroes and Villains in Copyright Fights appeared first on The Illusion of More.

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IP Law 360

SEPTEMBER 6, 2024

Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.

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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?

Technology

TorrentFreak

SEPTEMBER 6, 2024

It has been a rough couple of weeks for people who love cartoons but prefer not to pay for them. The simultaneous disappearance of Aniwave and the connected Anix last week left a massive hole in the pirate market. The pair serviced at least one, and maybe as many as two, billion visits in the previous 12 months alone. While those platforms focused on Japanese anime, KimCartoon offered a much wider variety of cartoons.

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IP Law 360

SEPTEMBER 6, 2024

A Maryland federal judge refused Friday to toss an antitrust suit accusing Actelion Pharmaceuticals of illegally denying generics companies the samples they needed to produce generic versions of its hypertension drug Tracleer, while separately certifying the case as a class action comprised of "hundreds" of insurers and self-funded employers.

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IP Law 360

SEPTEMBER 6, 2024

The Seventh Circuit seemed inclined Friday not to disturb lower court rulings that sunk a litigation funder's fraud and damages claims against a law firm that abruptly dropped the business to represent a former employee who left to open a competing venture.

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JD Supra Law

SEPTEMBER 6, 2024

Why is there so much hype around quantum computing? What are the main threats that this technology will bring? And what opportunities can be harnessed from it? In this article, we share our key takeaways from our recent webinar titled “Quantum Computing for Lawyers: Technology, Use Cases and Legal Implications”, which took place on the 4th of September as part of our Digital Transformation Deep Dive webinar series.

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Technology 77

Copyright Alliance

SEPTEMBER 6, 2024

For a second time, IA’s fair use defense is soundly rejected by a federal court On September 4, a panel of judges in the U.S. Court of Appeals for the […] The post Second Circuit Rejects Internet Archive’s Controlled Digital Lending Scheme appeared first on Copyright Alliance.

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Fair Use Copyright 77

The Trichordist

SEPTEMBER 6, 2024

Representative Scott Fitzgerald asks the Copyright Office to set conditions for the renewal of the MLC, Inc. as the mechanical licensing collective.

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Licensing Copyright Music 84

Advertiser: IPO

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

JD Supra Law

SEPTEMBER 6, 2024

The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and finding that the trial court committed several legal errors which improperly led to the largest damages verdict in Virginia’s history. The case, Pegasystems Inc. v. Appian Corp., No. 1399-22-4, involved two companies in the business process management (BPM) industry, each of whom offer platforms that enable third party business customers to build complex.

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43(B)log

SEPTEMBER 6, 2024

I'm quoted in this story about a dispute in front of the Massachusetts Supreme Judicial Court this week. In the courts of talking to the reporter, I learned that there have been a couple more state supreme court cases since I last looked, including one, Cummins v. Goolsby , 255 So.3d 1257 (Miss. 2018), in which the court refused to follow the no-fault, man always gets the ring back rule, but only because he was still married to someone else when he gave her the ring.

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Reporting 59

JD Supra Law

SEPTEMBER 6, 2024

Judge Andrews of the District of Delaware recently denied Novartis’s request for a preliminary injunction against MSN Pharmaceuticals. Novartis Pharm. Corp. v. MSN Pharm. Inc., Civil Action No. 20-md-2930-RGA, Dkt. No. 1456 (D. Del. Aug. 12, 2024).

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IP Law 360

SEPTEMBER 6, 2024

The crypto project suing Martin Shkreli for allegedly harming the value of a one-of-a-kind Wu-Tang Clan album on Friday urged a federal judge to ensure Shkreli "fully" complies with an order directing him to surrender all copies of the album after the project found his recent submission lacking.

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JD Supra Law

SEPTEMBER 6, 2024

Cognac, which originates from a specific region of France and is named after the commune of Cognac, is far more popular outside its native country. Indeed, according to the industry group Bureau National Interprofessional du Cognac or BNIC, an astonishing 98% of cognac is exported.

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IP Law 360

SEPTEMBER 6, 2024

The Federal Circuit on Friday revived a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, ruling that a Florida judge wrongly relied on earlier decisions to grant summary judgment to Qualcomm and exclude ParkerVision's experts.

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JD Supra Law

SEPTEMBER 6, 2024

Open models play a crucial role in fostering a diverse and innovative AI ecosystem. But their irrevocable accessibility also presents challenges for preventing downstream misuse—and that has caught the government’s attention.

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IP Law 360

SEPTEMBER 6, 2024

The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.

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JD Supra Law

SEPTEMBER 6, 2024

A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision on this installment of The Briefing.

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IP Law 360

SEPTEMBER 6, 2024

Grammy-winning hip hop artist T.I. on Friday told jurors weighing his intellectual property suit against toymaker MGA Enterntainment that anyone could see the similarities between the company's O.M.G. doll line and the OMG Girlz pop group that the rapper co-owns, but he's not sure the company CEO knew of any alleged idea theft.

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JD Supra Law

SEPTEMBER 6, 2024

A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision on this installment of The Briefing.

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Copyright 63

IP Law 360

SEPTEMBER 6, 2024

North Carolina solar provider Voltage LLC's imports of a "trunk bus" power transmission system infringe a patent owned by Tennessee-based competitor Shoals Technologies Group Inc., but a revised design of the product does not, an administrative law judge of the U.S. International Trade Commission has found.

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JD Supra Law

SEPTEMBER 6, 2024

We have been monitoring the dispute between Edwards Lifesciences Corp. (“Edwards”) and Meril Life Sciences Pvt., Ltd. (“Meril”) before and after the initial Federal Circuit decision. The dispute focused on whether Meril’s importation of two transcatheter heart valve systems to display at an industry conference fell within the Hatch-Waxman safe harbor.

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IP Law 360

SEPTEMBER 6, 2024

Music publishing companies suing an artificial intelligence company over using song lyrics say that their copyright lawsuit is different from some other copyright suits against AI developers.

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Music Publishing Copyright 52

JD Supra Law

SEPTEMBER 6, 2024

What Makes a Case Exceptional? Panel: Chief Judge Moore and Judges Lourie and Albright,[1] with Judge Albright authoring the opinion. You should read this case if: you are seeking or opposing an award of attorneys’ fees under 35 U.S.C. § 285.

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IP Law 360

SEPTEMBER 6, 2024

A Colorado state court has preliminarily blocked the former chief executive of a company acquired by industrial products giant Ingersoll Rand Inc. from working for rival Avantor, finding Ingersoll Rand will likely win its claims that the executive specifically agreed not to work for Avantor as a condition of the acquisition.

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JD Supra Law

SEPTEMBER 6, 2024

Hip-hop legends Outkast recently filed a lawsuit against an Atlanta-based EDM duo for trademark infringement and unfair competition over the use of the group’s name, “ATLiens.” Outkast claims it coined the term “ATLiens” (pronounced A-T-L-iens, a portmanteau of the abbreviation “ATL,” standing for Atlanta, with the word “aliens”) and the group famously used the term as a song title and album name for their 1996 sophomore album.

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IP Law 360

SEPTEMBER 6, 2024

A New Jersey medical communications agency said Friday that four of its former employees and the onetime U.S. president of biopharmaceutical company PharmaEssentia used its confidential information in a scheme to form a rival firm and steal millions of dollars of work from it.

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JD Supra Law

SEPTEMBER 6, 2024

Building a strong and distinctive brand identity for your business is crucial for driving sales, fostering consumer loyalty, and standing out in any industry, and more so for emerging and rapidly evolving sectors such as cannabis and psychedelics. Trademarks are essential for protecting your brand's name, logo, and overall image. By understanding what cannabis-related businesses can apply for trademark protection and the importance of creating and protecting strong trademarks, cannabis companies

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IP Law 360

SEPTEMBER 6, 2024

More briefs landed Friday in the "Dewberry" trademark case currently before the U.S. Supreme Court — this time, from two groups of intellectual property lawyers who are concerned about the use of the Lanham Act to "pierce the corporate veil.

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JD Supra Law

SEPTEMBER 6, 2024

In Pfizer Inc., v. Sanofi Pasteur Inc., SK Chems Co. Ltd., v. Vidal, 2019-1871 (March 5, 2024), the Federal Circuit affirmed the Board’s conclusions that claims 1–45 of U.S. Patent No. 9,492,559 were unpatentable due to obviousness.

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Patent 61

IP Law 360

SEPTEMBER 6, 2024

A Korean skin care company that alleged an eyeshadow line from Marc Jacobs infringed its trademark for an anti-aging eye cream has lost its case, with a California federal judge finding the Eye-Conic cosmetics from Marc Jacobs Beauty would not likely be confused with Amarte's Eyeconic eye cream.

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JD Supra Law

SEPTEMBER 6, 2024

The Patent Trial and Appeal Board exercised its discretion under General Plastic to deny institution of a follow-on petitioner’s request for inter partes review despite determining that the petitioner did not have a “significant relationship” with a previous petitioner that had challenged the same patent.

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Patent 61

IP Law 360

SEPTEMBER 6, 2024

This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.

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JD Supra Law

SEPTEMBER 6, 2024

On July 30, 2024, Director Vidal ordered patent board judges to revisit a ruling on “an obvious typographical error.” See Hesai Technology Co. Ltd., Hesai Group, and Hesai Inc. v. Ouster, Inc., IPR2023-01485. Director Vidal, using the direct intervention powers granted to her by U.S. v. Arthrex, vacated the board’s denial of institution to revisit how the board read a 2011 patent owned by Ouster.

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