Plagiarism Today
DECEMBER 21, 2023
More authors join lawsuit against OpenAI/Microsoft, People's Joker gets release date, and Queen's Brian May apologizes to fans. The post 3 Count: Queen and Country appeared first on Plagiarism Today.
Intellectual Property Law Blog
DECEMBER 21, 2023
In Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. 2021-2299, 2021-2338 (Fed. Cir. Sept. 15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed.
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Plagiarism Today
DECEMBER 21, 2023
A House committee has announced they are investigating Harvard's Claudine Gay as new plagiarism allegations come to light. The post Congress to Investigate Claudine Gay Plagiarism Allegations appeared first on Plagiarism Today.
Intellectual Property Law Blog
DECEMBER 21, 2023
In Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc. 2022-1482 (Fed. Cir. Nov. 21, 2023) , the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written Decision in a post grant review (“PGR”) after the prescribed statutory deadline. Background In September 2017, Purdue Pharma L.P. (“Purdue”) sued Collegium Pharmaceutical, Inc.
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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 21, 2023
People who pirate movies may be more likely to show psychopath traits ; they are not immune to seasonal traditions. As the days get shorter, downloads of specific pirated movies start to increase. This includes Christmas classics such as Home Alone, The Grinch, and Elf. In 2022 we revealed that Home Alone is by far the most pirated Christmas classic and a year later, that hasn’t changed.
Intellectual Property Law Blog
DECEMBER 21, 2023
In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed. Cir. Aug. 16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Background Palette Life Sciences, Inc.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Intellectual Property Law Blog
DECEMBER 21, 2023
In Jodi A. Schwendimann, fka Jodi A. Dalvey, v. Neenah, Inc., Avery Products Corporation, No. 2022-1333, 2022-1334, 2022-1427, 2022-1432 (Fed. Cir. October 6, 2023) (“Opinion”) , the case addresses whether there was substantial evidence to support that a person of ordinary skill in the art had motivation and a reasonable expectation of success in combining references to render obvious the incorporation of a white pigment of a first reference to the layers of a transfer sheet of a second referenc
The IP Law Blog
DECEMBER 21, 2023
Every year, I write about patents that have to do with Christmas. Here are a few I have found, some of which were issued in 2023 and others of which are older. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel. It is not very appealing. The listed prior art includes a backscratcher, so maybe that is what this is for.
JD Supra Law
DECEMBER 21, 2023
Every year, I write about patents that have to do with Christmas. Here are a few I have found, some of which were issued in 2023 and others of which are older. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel. It is not very appealing. The listed prior art includes a backscratcher, so maybe that is what this is for.
IP Watchdog
DECEMBER 21, 2023
The patents granted by the U.S. Patent and Trademark Office (USPTO) tell the story of society’s innovative future. While the true value of a technological advance develops over time, the following selection of patents of 2023 represent meaningful advances in several emerging areas of technology. From artificial intelligence (AI) systems for retail checkout to improved mRNA drug delivery, these innovations have been chosen for their likeliness to make a significant real-world impact in 2024 and b
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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.
Olartemoure Blog
DECEMBER 21, 2023
This season evokes the thrill of rediscovering childhood treasures and the warmth of group and family gatherings—the time of Home Alone, scarves, and cozy dinners. Today, we present 5 patents that breathe life into the comforting wonders of Christmas. ROTATING CHRISTMAS TREE STAND US1988343A Inventor: Claris F. Tacy Assignee: Individual Date of Patent: Jan. 15, 1938 An inventive way to showcase your festive centerpiece.
IP Law 360
DECEMBER 21, 2023
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
JD Supra Law
DECEMBER 21, 2023
On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is that for each posts the footnoting was renumbered for just the individual post.
IP Law 360
DECEMBER 21, 2023
The second half of 2023 saw yearslong issues boil over with some shocking revelations along the way, from college athletes winning class certification in a fight for the right to profit off their names, images and likenesses to MLB putting to rest its antitrust legal battle with its minor league, for now. Here, Law360 brings you up to speed on some of the most significant sports and betting moments from this year's second half.
JD Supra Law
DECEMBER 21, 2023
In a noteworthy year for patent law, the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued several decisions that will shape the patent landscape and the Federal Rules of Evidence governing expert testimony were amended. The topics of the key cases included procedure in inter partes review proceedings before the Patent Trial and Appellate Board, the enablement requirement, the calculation of patent term adjustments, the public use bar and the prosecution laches.
The IPKat
DECEMBER 21, 2023
In a recent decision ( [2023] EWCA Civ 1451 ) which is relevant to all trade mark practitioners, the Court of Appeal of England and Wales (the Court) has departed from EU case-law and held that the defence of statutory acquiescence, in respect of UK trade mark infringement, only requires that the owner of the earlier mark have knowledge of use of a later registered mark for five years, and not knowledge of its registration.
JD Supra Law
DECEMBER 21, 2023
On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company. The Court found that the district court had correctly concluded that Vans was likely to succeed on its trademark infringement claims against….
Kluwer Copyright Blog
DECEMBER 21, 2023
Photo by 5477687 via Pixabay Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. These two exceptions, despite having different objectives, share several similarities, as scholar analysis has shown. One of these common aspects is the requirement of lawful access.
JD Supra Law
DECEMBER 21, 2023
Case IV of Ten Typical Cases of 2019 on Administrative Protection for Patent Rights - Case Insight - In this case, the intellectual property administrative agency gave full play to mediation, based on ascertained facts, to efficiently resolve a dispute over intellectual property rights. Further, with the petitioner being an internationally known foreign enterprise, this case embodies China’s equal protection for domestic and foreign intellectual property owners.
Cogency Global
DECEMBER 21, 2023
What this is: Around the country, state lawmakers have had a busy legislative year. Below is a summary of some of the notable business entity and UCC-related bills from various states that were passed into law in 2023. What this means: Many bills, from Arkansas to Wyoming, were introduced in 2023. They covered everything from shareholder inspection of records to addressing certain digital assets as “controllable electronic records.
JD Supra Law
DECEMBER 21, 2023
Insights from the case - When the same act involves infringement of multiple rights of the right holder, the right holder can choose the most effective right to claim according to the specific circumstances of the case. When the infringement occurs in multiple places, in order to achieve the best effect, it is advisable to communicate with the relevant administrative organs and take actions simultaneously as far as possible.
The IPKat
DECEMBER 21, 2023
The Board of Appeal in T 1989/19 provides further guidance on the interpretation of the Enlarged Board of Appeal decision G2/21. The reasoning in T 1989/19 is aligned with the interpretation recently taken by the referring Board to G2/21 ( IPKat ). In short, to be relied on for inventive step, a purported technical effect must be encompassed by the technical teaching of the application as filed understood in its broadest sense.
JD Supra Law
DECEMBER 21, 2023
Case Name: Allergan USA, Inc. v. MSN Labs. Private Ltd., C.A. Nos. 19-1727-RGA, 20-1479-RGA, 2023 WL 6295496 (D. Del. Sept. 27, 2023) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Viberzi® (eluxadoline); U.S. Patents Nos. 11,007,179 (“the ’179 patent”), 11,090,291 (“the ’291 patent”), 11,160,792 (“the ’792 patent”), 11,311,516 (“the ’516 patent”), 7,741,356 (“the ’356 patent”), and 11,229,627 (“the ’627 patent”).
IP Law 360
DECEMBER 21, 2023
Pandora has asked a California federal judge to compel discovery from comedians suing the platform for streaming their performances without permission, prompting the comedians' counsel to fire back that Pandora is putting forth "fabrications, mud-slinging, and conspiracy theories" to distract the court from the "meritlessness of its defenses.
JD Supra Law
DECEMBER 21, 2023
As highly anticipated, the new Barbie movie was the biggest hit this summer. Audiences were not only drawn to the empowering storyline and diverse characters, but as attorneys, we were also excited to see the incorporation of many well-known trademarks and brands throughout the film. This intersection of entertainment and branding presents a unique opportunity for marketers to reach their target audiences in a creative and engaging way.
IP Watchdog
DECEMBER 21, 2023
With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023 saw many interesting developments. This includes several new pool-based licensing programs being launched, and others gaining traction, various interlocutory decisions, the dismissal of some antitrust suits, and, as always, the specter of possible government intervention.
JD Supra Law
DECEMBER 21, 2023
On December 1, 2023, Judge Gary R. Brown (E.D.N.Y.) awarded Plaintiff Dynamite Marketing, Inc. (“Plaintiff”) fees and costs, declined to enhance damages, granted a permanent injunction against future infringement, and denied each of Defendants’ motions for judgment as a matter of law, for a new trial and/or remittitur.
LexBlog IP
DECEMBER 21, 2023
In the last month, there has been a flurry of activity at the PTAB related to challenges from biosimilar manufacturers related to ustekinumab, aflibercept, and eculizumab patents. 1. STELARA® (ustekinumab) Four months after Janssen Biotech, Inc. settled to terminate Samsung Bioepis Co., Ltd.’s inter partes review (IPR) challenge of U.S. Patent No. 10,961,307 (“the ’307 Patent”), directed to methods of treating ulcerative colitis with ustekinumab, Biocon Biologics Inc
JD Supra Law
DECEMBER 21, 2023
ParkerVision, Inc. v. Vidal, No. 2022-1548 (Fed. Cir. (PTAB) Dec. 15, 2023). Opinion by Chen, joined by Prost and Wallach. Intel filed an IPR petition challenging claims 1, 3, and 5 in a patent owned by ParkerVision relating to wireless local area networks that use frequency translation technology. ParkerVision disclaimed claims 1 and 5, and the Patent Trial and Appeal Board determined that claim 3 was unpatentable as obvious.
LexBlog IP
DECEMBER 21, 2023
Examiners do not have much time to search and act on a single application. In addition, often the subject matter is highly complex. An interview can be an ideal teaching opportunity with charts, tables, pictures, and other means of disseminating and summarizing information. It can help show why the claims are allowable. Such presentations can prevent prosecution from bogging down completely.
JD Supra Law
DECEMBER 21, 2023
When Dynamic Drinkware was decided in 2015, commentators debated whether differences in the language of the American Invents Act (AIA) version of 35 USC § 102 would shield AIA patents from its restrictions. Now, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal has taken the position that AIA patents are not governed by Dynamic Drinkware, and so qualify as prior art as of the earliest priority date claimed, without regard to whether the cited patent document is entitled to the.
LexBlog IP
DECEMBER 21, 2023
2024 Continuing Legal Education & Entrepreneur Event Series by Jaime Chandra 2024 Happy Hour Event Series at Atlanta Tech Villiage The Founders Legal team has been busy! We kicked off a new event series in June 2023 with our premier session, “AI Meets the Law.” We’re thrilled to announce the Georgia Commission on Continuing Lawyer Competency approved Two CLE (Continuing Legal Education) hours for attendees registered with the Georgia Bar.
JD Supra Law
DECEMBER 21, 2023
What does national security have to do with AI, real estate, and even climate change? All are recent focuses for the Committee on Foreign Investment in the United States (CFIUS), an interagency body with vast powers to influence or even block foreign purchases of and investments into of all kinds of U.S. businesses. BakerHostetler Partner Melissa Mannino and Associate Orga Cadet discuss 5 fast facts about CFIUS.
IP Law 360
DECEMBER 21, 2023
The Federal Trade Commission's push to stop drugmakers from artificially extending their exclusivity period by misusing a U.S. Food and Drug Administration database has resulted in GlaxoSmithKline, Kaleo and Impax Laboratories requesting nearly all questioned patents be delisted.
JD Supra Law
DECEMBER 21, 2023
In American Society for Testing and Materials (ASTM), et al. v. Public.Resource.Org, Inc. (PRO), 82 F.4th 1262 (D.C. Cir. 2023), the plaintiffs, ASTM, National Fire Protection Association (NFPA), and American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), are standards development organizations that create and own copyrights for technical standards that establish best practices for various industries and products, including fire safety, electrical systems, and HVAC.
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