The IPKat

MAY 24, 2024

The second and final week of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge has come to an end with the adoption of a new international legal instrument, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (available here ). This is the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.

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Patently-O

MAY 24, 2024

by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. The memo, signed by USPTO Director Kathi Vidal, aims to immediately align USPTO practices with the more flexible approach outlined by the Federal Circuit, which eli

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Michael Geist

MAY 24, 2024

Last week I posted on concerns that Conservative MPs were engaged in a prolonged filibuster at the committee study of Bill S-210, a bill the government has called “fundamentally flawed” since it contemplates measures that raise privacy concerns through mandated age verification technologies, website blocking, and extends far beyond pornography sites to include search and social media.

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TorrentFreak

MAY 24, 2024

The Ultimate Fighting Championship ( UFC ) has promoted mixed martial arts fights for three decades, turning the sport into a billion-dollar industry. At the same time, the company has been fighting a battle against online piracy. Pirated livestreams and downloads are frequently used to bypass the monthly subscription fee for UFC Fight Pass , something the company is clearly not happy with.

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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

JD Supra Law

MAY 24, 2024

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for utility patents outlined in Graham v. John Deere Co. and KSR Int’l Co. v. Teleflex Inc. LKQ Corporation et al. v. GM Global Technology Operations, LLC, Case No. 2021-2348 (Fed.

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TorrentFreak

MAY 24, 2024

Launched to considerable fanfare late March 2014 , the ‘Infringing Website List’ (IWL) is operated by the Police Intellectual Property Crime Unit (PIPCU). The IWL is one of the tools available under the banner ‘Operation Creative’, a multi-agency anti-piracy initiative led by police and supported by major rightsholders in the film, TV, music, publishing, and live sports sectors.

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IP and Legal Filings

MAY 24, 2024

Introduction On February 8, 2023, the jury returned its verdict in the infamous case Hermès vs Rothschild [1] , a significant precedent that has received acclamation and flak alike. The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’.

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IP Law 360

MAY 24, 2024

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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The Illusion of More

MAY 24, 2024

Yesterday, the House Energy & Commerce Committee held a hearing to discuss draft legislation that would sunset Section 230 of the Communications Decency Act on December 31, 2025. If passed, the law would start a countdown toward abolishing Section 230 with the real intent to force Big Tech to cooperate on meaningful reform. Said reform […] The post Committee Talks Sunsetting Section 230 to Prompt Action by Big Tech appeared first on The Illusion of More.

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IP Law 360

MAY 24, 2024

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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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

MAY 24, 2024

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois d’avril 2024. Ces Actualités législatives et réglementaires vous sont communiquées à titre d'information. Elles n'ont pas vocation à être exhaustives ou à constituer un avis juridique.

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IP Law 360

MAY 24, 2024

The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

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JD Supra Law

MAY 24, 2024

On May 10, 2024, the US Patent & Trademark Office (PTO) issued a notice of proposed rulemaking (Notice) concerning major changes to the terminal disclaimer (TD) practice, which may lead to a sea change in patent prosecution strategies. The proposed change would require a TD to include an agreement from the patent owner that the patent will be unenforceable if it’s tied directly or indirectly to another patent having any patent claim invalidated or canceled based on prior art. 89 Fed.

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IP Law 360

MAY 24, 2024

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority.

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JD Supra Law

MAY 24, 2024

Intellectual property practitioners were anticipating the Supreme Court’s decision in Warner Chappell Music v. Nealy, which raised important questions regarding the statute of limitations and availability of damages for stale copyright infringement claims. We previously wrote about how the Supreme Court’s decision could impact copyright “trolls:” entrepreneurial plaintiffs who assert copyright infringement claims based on old, allegedly infringing uses of photographs or images on the internet to

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IP Watchdog

MAY 24, 2024

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday, May 23, affirmed a Trademark Trial and Appeal Board (TTAB) decision that found a party with only a minority ownership interest in the owner of allegedly infringed marks did not have standing to seek cancellation of the marks. The decision was precedential and authored by Judge Lourie.

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JD Supra Law

MAY 24, 2024

In the ever-evolving fields of life sciences and health care, protecting intellectual property (IP) and trade secrets is more crucial than ever. Ruud van der Velden, partner in the Hogan Lovells Intellectual Property, Media, and Technology practice, and Chantal van Dam, counsel in the Global Regulatory practice, recently discussed the pivotal role of cybersecurity and trade secrets as part of a company’s risk mitigation strategy.

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IP Law 360

MAY 24, 2024

A Texas federal judge has thrown out a patent suit against Samsung seeking more than $300 million, holding that former in-house Samsung patent attorneys stole the company's confidential documents and used them to aid the patent owner, in misconduct he called "repugnant to the rule of law.

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JD Supra Law

MAY 24, 2024

On March 15, 2024, the Bipartisan Senate Artificial Intelligence Working Group (the "AI Working Group")—led by Senate Majority Leader Chuck Schumer (D-N.Y.) and Sens. Mike Rounds (R-S.D.), Martin Heinrich (D-N.M.), and Todd Young (R-Ind.)—announced the release of their roadmap for developing AI policy in the U.S. Senate (the "Roadmap") growing out of nine AI Insight Forums identifying areas of consensus, as well as areas of disagreement.

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IP Watchdog

MAY 24, 2024

This week in Other Barks & Bites: the U.S. Patent and Trademark Office (USPTO) celebrates patent practitioners who have offered significant pro bono work; ChatGPT pulls AI voice after actor Scarlett Johansson expresses “shock” at similarity to her voice; the Copyright Office releases a report that finds copyright-related industries were resilient after the economic impact of COVID-19.

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JD Supra Law

MAY 24, 2024

The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit against pharmaceutical companies accused of violating antitrust laws by using reverse payments to delay entry of a generic version of a patented drug. CVS Pharmacy, Inc. v. Forest Labs. Inc., Case Nos. 23-410; -418; -420; -423 (2d Cir. May 13, 2024) (Jacobs, Sack, Nardini, JJ.).

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Likelihood of Confusion

MAY 24, 2024

It appears that the movers and shakers of law-related blogging are going to do a Blog Conference for Lawyers in San Francisco in April. These are the real, happening law bloggers — just ask them — so you won’t want to miss it, because it will be “the first comprehensive CLE to look at blogging […] The post Blawg Review: Blog Conference for Lawyers appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

MAY 24, 2024

In a considerable shift in the law, the Federal Circuit has discarded the long-standing test for determining whether a design patent is invalid as obvious, in favor of the more flexible obviousness test historically applied to utility patents. While this change creates a universal approach to the obviousness analysis, there are concerns that it also brings uncertainty to the validity of hundreds of thousands of design patents in the United States.

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IP Law 360

MAY 24, 2024

Apple wasn't able to persuade a panel of administrative patent judges to invalidate any language in a pair of patents issued to the founder of a failed cloud-based mobile financial services startup.

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JD Supra Law

MAY 24, 2024

In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and ADVA for infringement.

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IP Law 360

MAY 24, 2024

A federal jury said Friday that people behind a video game cheat code owe Bungie about $63,000 for replicating a sci-fi shooter's code to make the cheat software and peddle it on the internet, capping off a nearly weeklong copyright trial in Seattle.

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JD Supra Law

MAY 24, 2024

As part of the Food and Drug Law Institute’s Annual Conference last week, Axinn Partner and FDA Practice Group Chair Chad Landmon participated in a panel titled, “FDA (Still) Under Fire: Pending SCOTUS Decisions on Agency Deference.” There, the panelists discussed the potential impact of the Supreme Court’s upcoming decision that may limit or eliminate judicial deference to agency decisions.

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IP Law 360

MAY 24, 2024

Prime Hydration, led by YouTube celebrity Logan Paul, has accused boxer Ryan Garcia of defamation in Texas federal court over his ongoing campaign to paint the drink in a negative light, including saying it contains harmful chemicals like cyanide that will "hurt you big time.

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JD Supra Law

MAY 24, 2024

The US Court of Appeals for the Second Circuit affirmed the dismissal of a copyright infringement claim by one rap artist against another on the grounds that the plaintiff failed to register the work in question. The Court emphasized the distinction between a musical work and a sound recording of that work, noting that they are separately copyrightable and require separate registrations.

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IP Law 360

MAY 24, 2024

Members of the United Nations announced a treaty Friday that would potentially change mandatory patent disclosure rules in order to require applicants to cite "traditional knowledge" developed by "indigenous peoples," requirements that have drawn concerns from lawyers for the pharmaceutical industry in the U.S. and at least one former federal judge.

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JD Supra Law

MAY 24, 2024

Inter partes reviews (IPRs) and post-grant reviews (PGRs) are proceedings in front of the Patent Trial and Appeal Board (PTAB) that allow a petitioner to challenge a patent’s validity and a patent owner to defend that patent’s validity after the patent has been issued.

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IP Law 360

MAY 24, 2024

Esperion Therapeutics has sued Dr. Reddy's, Sandoz, Hetero and MSN in New Jersey, alleging that their planned generic versions of cholesterol drugs infringe a variety of patents on its treatments.

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JD Supra Law

MAY 24, 2024

In Dragon Intellectual Property LLC v. DISH Network LLC, the US Court of Appeals for the Federal Circuit addressed an “exceptional” set of circumstances concerning the recovery of attorney fees in district court litigation under 35 USC § 285.

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IP Law 360

MAY 24, 2024

In this week’s Off the Bench, the NCAA settles its court dispute with hundreds of thousands of athletes over name, image and likeness compensation, NFL rookie Marvin Harrison Jr. is taken to court over an endorsement contract, and former Super Bowl champion Antonio Brown’s post-career life is burdened further by bankruptcy. If you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

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JD Supra Law

MAY 24, 2024

The Federal Circuit has overruled the long-standing Rosen-Durling test used to evaluate obviousness of design patents. LKQ Corp. v. GM Global Tech. Op. LLC, No. 2021-2348 (Fed. Cir. May 21, 2024). The court, which reheard the appeal en banc from a PTAB final written decision, cited a plain reading of the statutory scheme for design patents, as well as the Supreme Court’s guidance in KSR Int’l Co. v.

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