Plagiarism Today
DECEMBER 18, 2023
Last week, two photographers won very different awards for their work. One got $6.3 million, the other less than $2,500. Here's why. The post Copyright Claims Board Awards Photographer Minimum Damages appeared first on Plagiarism Today.
Hugh Stephens Blog
DECEMBER 18, 2023
Image: [link] I am sure you are all familiar with the books by the British writer A.A. Milne about Winnie the Pooh-bear and his friends, Eyeore, Piglet, Kanga, Roo, Rabbit, Owl, Tigger, and their adventures with Christopher Robin, who was Milne’s son.
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Plagiarism Today
DECEMBER 18, 2023
Andrew Lloyd Webber wins CATS lawsuit, Temu sues Shein again, and Apple settles long-running case against Corellium. The post 3 Count: Singing CATS appeared first on Plagiarism Today.
Intellectual Property Law Blog
DECEMBER 18, 2023
In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc. , No. 2022-1048 (Fed. Cir. Oct. 13, 2023) , the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel was subsequently vacated. The Federal Circuit also examined various arguments attempting to circumvent an agreed-upon claim construction as well as the district court’s application of that construction in finding non-infringement, and the propriety of excluding expert testim
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?
TorrentFreak
DECEMBER 18, 2023
In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library is a non-profit operation that scans physical books, which can then be lent out to patrons in an ebook format. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying.
Intellectual Property Law Blog
DECEMBER 18, 2023
In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Background Medtronic petitioned for inter-partes review of U.S. Patent Nos. 8,048,032; RE45,380; and RE45,776 that cover catheters to treat stenosis, that is, a narrowing of the lumen of a patient’s arteries due to the buildup of plaque.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
DECEMBER 18, 2023
Apple announced Monday that it will stop selling some Apple Watch models this week that were found to infringe Masimo Corp. patents on measuring blood oxygen levels, even before the White House has decided whether to veto that ruling.
JD Supra Law
DECEMBER 18, 2023
In Episode 163 of the Entertainment Law Update Podcast, film lawyer Gordon Firemark and music lawyer Tamera Bennett discuss the latest on the Hall and Oates Partnership Sale – or freeze thereof; legislation pending and passed to limit lyrics as evidence in criminal cases; and analysis of the new SAG/AFTRA and WGA contracts post-strike(s). They give a solid update and wrap-up the 2023 artificial intelligence cases (AI) including: Disney asking Microsoft to curtail AI tools to prevent alleged.
IP Law 360
DECEMBER 18, 2023
A Massachusetts federal court has thrown out a Boston bar's request to partially cancel a D.C.-based restaurant's "Dubliner" trademark after finding the companies behind the Northeast bar failed to allege fraud or show the D.C. bar abandoned its mark.
JD Supra Law
DECEMBER 18, 2023
On December 11, the Review Board of the U.S. Copyright Office affirmed the refusal to register yet another AI-generated work. The decision follows the Office’s refusal to register Dr. Stephen Thaler’s A Recent Entrance to Paradise (which was affirmed in federal court, reported here, and is on appeal to the U.S. Court of Appeals for the District of Columbia), Kris Kashtanova’s Zarya of the Dawn (reported here), and Jason Michael Allen’s Théâtre D’opéra Spatial.
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43(B)log
DECEMBER 18, 2023
There really should be a fee shift when a competitor harasses another competitor for daring to make comparisons of part numbers, but we don't seem to live in that world. Simpson Strong-Tie Co. v. Mitek Inc., 2023 WL 8697700, No. 20-cv-06957-VKD (N.D. Cal. Dec. 15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before th
JD Supra Law
DECEMBER 18, 2023
The Hatch-Waxman Act allows a generic drugmaker to rely on a branded drugmaker’s Food and Drug Administration-approved New Drug Application if the generic drugmaker can show that the generic drug has the same active ingredient and is bioequivalent to the branded drug.
Patently-O
DECEMBER 18, 2023
by Dennis Crouch An increasing number of foreign defendants are being sued for IP infringement in US courts. These cases raise important procedural questions of district courts’ personal jurisdiction over the foreign defendants. One ongoing debate involves proper service of process for foreign defendants under the Hague Service Convention. Freedom Patents LLC v.
JD Supra Law
DECEMBER 18, 2023
On December 8, 2023, the National Institute of Standards and Technology (NIST) published a draft guidance document regarding the government’s exercise of “march-in” rights under the Bayh-Dole Act. The following Q&A, in connection with our previously published Client Alert, illuminates the details of the Proposed Framework.
The IPKat
DECEMBER 18, 2023
Some interesting news items were posted on the IPKat blog in the second week of December: check out their summaries below to find your way to the full posts. Image: flickr.com Decisions Anastasiia Kyrylenko considered the General Court’s decision confirming the validity of two 3D trade marks owned by Lego ( T-297/22 and T-298/22 ). Eleonora Rosati analysed the Italian Supreme Court’s decision addressing, amongst others, whether and to what extent an object protected by copyright (i.e., a Vespa)
JD Supra Law
DECEMBER 18, 2023
There has been a flurry of activity relating to proposed EYLEA® (aflibercept) biosimilars in November, starting with a BPCIA litigation against Celltrion’s proposed biosimilar CT-P42 filed on November 8, 2023, Case No. 1:23-cv-00089 (N.D.W.Va.) (see BPCIA Litigation Related to Proposed EYLEA® Biosimilar CT-P42 Filed). .
The Trichordist
DECEMBER 18, 2023
The MLC received its first audit notice. We should all start thinking about how to audit the MLC.
JD Supra Law
DECEMBER 18, 2023
Summary of the judgment - The Court verified that the calculation method claimed by MTG Co., Ltd. was in accordance with the law and that all the data based on which it calculated the amount of compensation was available for investigation on Taobao, Tmall, JD and other e-commerce platforms. Although MTG's claim of reasonable profit is partly presumptive, the presumption is not groundless in view of the value orientation of commercial entities to pursue profits and avoid losses.
Michael Geist
DECEMBER 18, 2023
Canadian digital law and policy in 2023 was marked by so many legislative battles that you needed a scorecard to keep track: Bill C-11 on online streaming, Bill C-18 on online news, and Bill C-27 on privacy and AI were the headliners, but there were notable developments on content regulation, competition, and a digital services tax. For this final Law Bytes podcast of 202 3, I go solo without a guest to talk about the most significant developments in Canadian digital policy from the past year a
JD Supra Law
DECEMBER 18, 2023
In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel was subsequently vacated. The Federal Circuit also examined various arguments attempting to circumvent an agreed-upon claim construction as well as the district court’s application of that construction in finding non-infringement, and the propriety of excluding expert.
IP Law 360
DECEMBER 18, 2023
Apple appears to be the latest manufacturer to come to a settlement deal with a patent licensing outfit dealing in resold LG wireless technology patents, with a recent "global settlement agreement" putting an end to appeals court litigation over the validity of patents covering purported developments in wireless charging technology.
JD Supra Law
DECEMBER 18, 2023
In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying.
IP Watchdog
DECEMBER 18, 2023
The U.S. Patent and Trademark Office’s (USPTO’s) 2023 has been one marked by a push towards further modernization and reduction of environmental impact, while also attempting to increase administrative efficiency. The Office has also solicited and received zealous commentary from an interested public regarding proposed changes to Patent Trial and Appeals Board (PTAB) proceedings.
JD Supra Law
DECEMBER 18, 2023
The Federal Circuit vacated and remanded two Patent Trial and Appeal Board (“PTAB”) decisions because the PTAB erred in its obviousness analysis and found that Axonics failed to show a motivation to combine as to Medtronic’s ‘314 and ‘756 patents.
IP Watchdog
DECEMBER 18, 2023
On December 15, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in ParkerVision, Inc. v. Vidal affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of ParkerVision’s patent claim to down-converting electromagnetic (EM) signals in wireless communication networks. In so holding, the Federal Circuit upheld the PTAB’s use of claim construction conflicting with parallel proceedings in the Western District of Texas on the grounds that the patentee d
JD Supra Law
DECEMBER 18, 2023
Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents.
Managing IP
DECEMBER 18, 2023
The report, which is about the unitary patent and UPC, analyses the views of more than 3,500 survey respondents and features interviews with patent practitioners
JD Supra Law
DECEMBER 18, 2023
In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171, and as explained in our previous post, the U.S. Patent & Trademark Office (USPTO) recently published a notice entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphic
LexBlog IP
DECEMBER 18, 2023
IP Australia has published a draft of its four-yearly Cost Recovery Implementation Statement (CRIS) , which outlines proposed fee changes that would take effect from October 2024. It is also taking the opportunity to review the hearing costs that may be awarded for Patents, Trade Marks and Designs. Feedback on the proposals may be provided via submissions to IP Australia’s public consultation page.
JD Supra Law
DECEMBER 18, 2023
In Medtronic, Inc., Medtronic Vascular, Inc. v. Teleflex Innovations S.A.R.L., the case addresses whether the final written decisions in a consolidated inter partes appeal (“IPR”) correctly found that U.S. Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions.
IP Law 360
DECEMBER 18, 2023
This year may have seemed like a rather ordinary one for the Patent Trial and Appeal Board, but the board examined several significant issues, including both the imposition of sanctions in inter partes reviews and improvements in transparency.
JD Supra Law
DECEMBER 18, 2023
Film lawyer Gordon Firemark and music lawyer Tamera Bennett discusses the latest on the Hall and Oates Partnership Sale – or freeze thereof; legislation pending and passed to limit lyrics as evidence in criminal cases; and analysis of the new SAG/AFTRA and WGA contracts post-strike(s). They give a solid update and wrap-up the 2023 artificial intelligence cases (AI) including: Disney asking Microsoft to curtail AI tools to prevent alleged trademark infringement, a motion to dismiss in the Kadrey.
LexBlog IP
DECEMBER 18, 2023
Investing in off-plan properties in Dubai is an exciting opportunity, offering advantages such as acquiring properties at the project’s lowest cost, high return on investment (ROI), and a favourable payment plan. However, it is important to understand the specific rules set out in Dubai Law No. 13/2008 on the Interim Real Estate Register. In this article, we will outline the key requirements for purchasing off-plan property in Dubai.
IP Law 360
DECEMBER 18, 2023
The Patent Trial and Appeal Board has upheld several claims in an LBT patent for electronic location tracking after the Federal Circuit vacated and remanded those claims, which were challenged by Apple.
LexBlog IP
DECEMBER 18, 2023
Is Travis Kelce’s newfound status as Taylor Swift’s boyfriend enough to meet the United States Patent and Trademark Office’s (USPTO) “acquired distinctiveness” standard? He plans to find out with the help of Time Person of the Year, Taylor Swift. Swift is no stranger to using intellectual property to effectively protect her brand and music.
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