Plagiarism Today
SEPTEMBER 5, 2024
Yesterday, the Internet Archive lost its appeal in its case against book publishers. Here's what you need to know. The post 5 Takeaways from the Internet Archive Ruling appeared first on Plagiarism Today.
JD Supra Law
SEPTEMBER 5, 2024
TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed to over 2 million followers on TikTok alone. On the heels of her viral fame, Jools posted that the video had changed her life almost overnight.
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Plagiarism Today
SEPTEMBER 5, 2024
Book publishers get a big win on appeal; an author sued over Gemini Man, and an adult anime website sued over ignored copyright notices. The post 3 Count: Gemini Man Lawsuit appeared first on Plagiarism Today.
The Illusion of More
SEPTEMBER 5, 2024
IA asks this Court to bless the large scale copying and distribution of copyrighted books without permission from or payment to the Publishers or authors. The Second Circuit Court of Appeals yesterday affirmed that Internet Archive’s digital book lending model controlled digital lending (CDL) is not permitted by copyright law, including under the fair use […] The post End of the Line for Controlled Digital Lending Theory appeared first on The Illusion of More.
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?
Cogency Global
SEPTEMBER 5, 2024
What this is : UCC fixture filings are essential for lenders to secure their interests in goods that will be attached to real property (fixtures). When drafted and filed correctly, these filings perfect a lender’s security interest in the fixtures and establish priority among other secured creditors and subsequent buyers of the real estate. What this means : In this article, we will explore the definition of “fixtures” under Article 9 of the Uniform Commercial Code (UCC) , the significance of se
JD Supra Law
SEPTEMBER 5, 2024
The food tech industry has been growing and evolving rapidly in the last ten years due to technological innovations in the space and a growing customer demand for plant-based food products and sustainable meat options. We have previously covered a high profile legal battle in the plant-based meat sector of this industry discussing (1) the first patent infringement lawsuit in the food tech industry and (2) its related petition for inter partes review (“IPR”) with the Patent and Trademark Appeal.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
SEPTEMBER 5, 2024
The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent.
IP Law 360
SEPTEMBER 5, 2024
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
JD Supra Law
SEPTEMBER 5, 2024
The US Court of Appeals for the Ninth Circuit reversed a district court’s finding that a contract impermissibly allowed for patent royalties after the patent expired because the post-termination royalty payments were allocated to non-US patents. C.R. Bard, Inc. v. Atrium Med. Corp., Case No. 23-16020 (9th Cir. Aug. 23, 2024) (Friedland, Mendoza, Desai, JJ.
IP Law 360
SEPTEMBER 5, 2024
A new lawsuit accuses Nvidia of holding "monopoly power" over the market on graphics processing in the artificial intelligence space and alleges the tech company is colluding with Microsoft and a prominent patent risk management company to squeeze out a small startup that claims to have developed the "fundamental intellectual property" behind that technology.
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.
JD Supra Law
SEPTEMBER 5, 2024
The Hatch-Waxman Act regulates the relationship between branded and generic drugmakers and attempts to strike a balance between two competing policy interests — encouraging pioneering drug development and facilitating market entry of lower-cost, generic alternatives.
IP Law 360
SEPTEMBER 5, 2024
One year ago this month, Peter Wiley walked away from his job as chief international counsel for the Walt Disney Co., saying he wanted to "take a short break." And he did.
JD Supra Law
SEPTEMBER 5, 2024
On July 10, the Senate unanimously passed the Affordable Prescriptions for Patients Act of 2023 (S.150), which seeks to increase competition and lower drug prices by imposing limits on patent litigation related to biological products. The bill attempts to target “patent thickets” or the large patent portfolios companies create with significantly overlapping patent rights seen by lawmakers as obstacles to competitors entering the market.
Patently-O
SEPTEMBER 5, 2024
by Dennis Crouch In a significant ruling, the Merit Systems Protection Board (MSPB) granted corrective action to PTAB Administrative Patent Judge (APJ) Michael Fitzpatrick in his whistleblower retaliation case against the USPTO associated with his complaints about PTAB panel expansion (i.e., ‘panel stacking’). The decision issued back in 2023, but has only just now been published following a settlement between Fitzpatrick and the USPTO.
JD Supra Law
SEPTEMBER 5, 2024
Under 35 U.S.C. § 102, the “on-sale bar” invalidates a patent if an inventor has sold or made the invention publicly available more than one year before filing the patent application. Recently, the United States Court of Appeals for the Federal Circuit decided Celanese Int'l Corp. v. International Trade Commission, and held to the traditional rule that the on-sale bar clock starts when an inventor sells a product made with a patented process.
IP Law 360
SEPTEMBER 5, 2024
OpenAI told a California federal judge that a proposed class action accusing it of unjustly enriching itself by training its large language model programs with transcripts of YouTube videos is just a "carbon copy" of similar claims already thrown out by the courts, arguing the complaint should be dismissed.
JD Supra Law
SEPTEMBER 5, 2024
The Court of Appeals for the Federal Circuit has sparked debate following a recent ruling on the Patent Trial and Appeal Board's (PTAB) application of estoppel provisions in invalidating amended claims in inter partes reexaminations. Dissatisfied with the decision, appellant SoftView LLC has raised several points in filing for an en banc hearing.
IP Law 360
SEPTEMBER 5, 2024
A conservative legal group says that a Fourth Circuit ruling the justices have agreed to review over a $43 million trademark award in a fight between two businesses that use the name "Dewberry" provides a new way to pierce the corporate veil that "veers far from acceptable legal principles.
JD Supra Law
SEPTEMBER 5, 2024
In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable attorney’s fees and costs if expressly permitted in a contract. Proprietary information agreements often include an award of attorney’s fees and costs if a company prevails in seeking injunctive relief for misappropriation of its trade secrets by a current or former employee.
IP Law 360
SEPTEMBER 5, 2024
A California federal judge declined Thursday to preliminarily approve a $2.78 billion deal to settle an antitrust class action targeting the NCAA's name, image and likeness compensation rules, saying counsel must "go back to the drawing board" on some of the deal's terms.
JD Supra Law
SEPTEMBER 5, 2024
In a case that required the US Court of Appeals for the Sixth Circuit to articulate the boundary between the Lanham Act and the First Amendment when the trademark in question is the name of a political party, the Court found that the Lanham Act can constitutionally apply to use of the mark and that the defendants were improperly using the mark as a source identifier.
IP Law 360
SEPTEMBER 5, 2024
Toy company MGA Entertainment Inc.'s line of O.M.G. dolls imitated the signature looks of a pop group created by rapper T.I. called OMG Girlz, a member of the singing group testified Thursday in a California federal court retrial of a long-running intellectual property fight.
JD Supra Law
SEPTEMBER 5, 2024
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
IP Law 360
SEPTEMBER 5, 2024
The U.S. International Trade Commission said it's launching an investigation after Atlanta-based JBS Hair Inc. claimed rival companies are importing synthetic hair that infringes ts patents.
JD Supra Law
SEPTEMBER 5, 2024
As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as biotech innovation, administrative rulemaking, and patent eligibility. Stay informed and prepare for their potential effects on your intellectual property strategy.
IP Law 360
SEPTEMBER 5, 2024
Mumbai-based generic-pharmaceuticals company Lupin Pharmaceuticals Inc. has infringed five patents of the estrogen-free contraceptive Slynd, a Delaware federal judge said Wednesday, finding in favor of Spanish pharmaceutical company Insud Pharma and its New Jersey-based division Exeltis USA Inc. on all asserted claims.
JD Supra Law
SEPTEMBER 5, 2024
The US Court of Appeals for the Federal Circuit vacated and remanded a district court decision awarding attorneys’ fees, finding that the district court abused its discretion by failing to properly explain its basis for the fee award. Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Case No. 23-1035 (Fed. Cir. Aug. 23, 2024) (Albright, Dist. J., sitting by designation; Moore, Lourie, JJ.).
IP Law 360
SEPTEMBER 5, 2024
Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
JD Supra Law
SEPTEMBER 5, 2024
Wisconsin Alumni Research Foundation v. Apple Inc., Nos. 2022-1884, -1886 (Fed. Cir. (W.D. Wis.) Aug. 28, 2024). Opinion by Prost, joined by Taranto and Chen. Wisconsin Alumni Research Foundation (WARF) sued Apple for infringement of a patent directed to a predictor circuit for advanced execution of instructions. In a first lawsuit (WARF I), WARF accused Apple’s A7 and A8 processors of infringement.
IP Law 360
SEPTEMBER 5, 2024
A Massachusetts-based shoemaker and its manufacturer must face almost every intellectual property claim brought against it by Birkenstock after a federal judge declined to dismiss all but one claim in the popular brand's suit alleging design patent, trademark and trade dress infringement.
JD Supra Law
SEPTEMBER 5, 2024
In 2016, the Federal Circuit expressed doubt that claim constructions from the PTAB could give rise to estoppel in later litigation because “the [PTAB] applies the broadest reasonable construction of the claims while the district courts apply a different standard of claim construction as explored in Phillips.” SkyHawke Techs., LLC v. Deca Int’l Corp., 828 F.3d 1373, 1376 (Fed.
IP Law 360
SEPTEMBER 5, 2024
NortonLifeLock and Quinn Emanuel Urquhart & Sullivan LLP again urged the Federal Circuit to overturn a $600 million patent infringement verdict against the company that was in part based on the firm's being held in contempt, with both saying the holding has serious flaws.
The TTABlog
SEPTEMBER 5, 2024
The Director of the USPTO intervened in this appeal from the Board's dismissal [pdf here ] of an opposition to registration of the mark shown below right, for various clothing items. The Board found confusion unlikely with the two registered marks shown below left, the first for "purses and wallets" and the second for "handbags, shoulder bags, tote bags, satchels, purses, clutches, and wallets.
IP Law 360
SEPTEMBER 5, 2024
A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.
Kluwer Copyright Blog
SEPTEMBER 5, 2024
The effect of rapid development of generative AI on copyright law continues to challenge the lawmakers and courts. Whilst the UK High Court is yet to reach its decision on liability for copyright infringement in the AI training data in Getty Images v Stability AI , the Chinese case of Ultraman became the first to recognise liability of AI-generated content for copyright infringement.
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