Plagiarism Today
JULY 9, 2024
Majority of claims in the GitHub case are dismissed, the New York Times and OpenAI spar over discovery, and Hawk Tuah creators file takedowns. The post 3 Count: AI Battles appeared first on Plagiarism Today.
Erik K Pelton
JULY 9, 2024
The following is an edited transcript of my book video Building a Bold Brand Chapter 2: Bold Brand Building Tools. Coming up with a great name for a new business, product, or service can be quite difficult, even more so today than in the past since there are so many already out there, and because any business can go online and almost instantaneously be considered a national or international company.
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Plagiarism Today
JULY 9, 2024
A former student of Lehigh University scammed his way to a full scholarship. He was only caught after confessing to it on Reddit. The post Student Arrested, Deported in Academic Fraud Case appeared first on Plagiarism Today.
Patently-O
JULY 9, 2024
Guest post by Professors Mark A. Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. First, the Federal Circuit held in In re Cellect that patents tied by double patenting must expire on the same day even if one of the patents has received a
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?
IP Watchdog
JULY 9, 2024
The U.S. District Court for the District of Columbia today dismissed the remaining counts in Judge Pauline Newman’s challenge to U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore’s inquiry into her fitness to continue serving as a federal appellate judge. The decision sets the stage for an appeal, which Newman’s lawyer told IPWatchdog will happen “within days, not weeks.
Patently-O
JULY 9, 2024
by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. This post follows up with a discussion of a recent article titled “ Fixing Double Patenting ” released in draft form by Stanford Professors Mark Lemley and Lisa Larrimore Ouellette.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
JULY 9, 2024
Lloyd brought a pro se lawsuit against Facebook raising a myriad of concerns. My prior blog post. The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion, but the contract claim gets revived for a little longer. Some of the points covered: “the ADA claim fails because Facebook is not a place of public accommodation.” The Rehabilitation Act “does not apply to defendants who are private entities that do not receive federal funds.” With respect to the U
IP Close Up
JULY 9, 2024
The outsized media coverage of last week’s World Intellectual Property Organization report on generative artificial intelligence shows China holds a huge lead on the U.S.
JD Supra Law
JULY 9, 2024
On May 23, 2024, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failure to identify a trade secret. The case is titled Vertical Bridge REIT, LLC v. Everest Infrastructure Partners, Inc., Case No. 23-1017 (W.D. Pa. 2024).
IP Watchdog
JULY 9, 2024
“Ding-Dong, the Witch is Dead”—the Witch being the extraordinary agency overreach into law that Congress never passed, emboldened by the 1984 U.S. Supreme Court (SCOTUS) case of Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837, and enabled by a weakened judiciary told to give agency action presumptive deference on the construction and application of federal statutes.
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JD Supra Law
JULY 9, 2024
The Federal Circuit has ruled that a US patent-holder plaintiff may be able to recover damages for a defendant’s foreign sales of infringing products if the foreign sales were proximately caused by the defendant’s improperly making, using, selling, offering to sell, or importing the patented invention in the United States.
IP Law 360
JULY 9, 2024
JPMorgan Chase Bank NA indicated Tuesday that it has settled a lawsuit in Texas federal court over data security patents developed by a former Israeli air defense officer who worked on technological solutions for "survivability capabilities against systemic failures.
JD Supra Law
JULY 9, 2024
Global music superstar Taylor Swift began her music career in Nashville, so we thought it fitting that on July 1, with the end of the Eras Tour in sight, the Ensuring Likeness Voice and Image Security (ELVIS) Act went into effect in Tennessee. This marks the latest front in the effort to navigate the interplay between the capability of generative AI and the Right of Publicity for music and voice artists alike.
The TTABlog
JULY 9, 2024
Chief Judge Gerard F. Rogers has announced the appointment of three Administrative Trademark Judges to the TTAB (see below). By my count, this brings the number of ATJs at the Board to twenty-eight. Robert Lavache has had a lengthy and successful career at the USPTO. In his former Senior Level (SL) position as the Trademark Legal and Examination Policy Specialist, he supervised the Legal Policy attorneys in Trademarks and provided legal policy advice to USPTO senior executives, the TMEP Editor,
JD Supra Law
JULY 9, 2024
Last week, the Federal Circuit decided Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., 23-1169 (Fed. Cir. June 25, 2024), a case that spotlighted the issues of skinny labeling and induced infringement for generic pharmaceuticals and provided lessons for both innovator and generic companies.
IP Law 360
JULY 9, 2024
Bard urged the Ninth Circuit on Tuesday to reverse a lower court's finding that its attempt to collect $53 million in licensing payments from a medical-device company was a clear case of "patent misuse," arguing that the parties' licensing agreement allows for Bard to collect payments even after the patents-in-suit expired.
JD Supra Law
JULY 9, 2024
In Intellectual Tech v. Zebra Technologies 2022-2207 (Fed. Cir. May 1, 2024), the Federal Circuit addressed a district court’s determination that the patent owner plaintiff lacked constitutional standing because it was divested of all exclusionary rights over the patent at issue upon default.
IP Law 360
JULY 9, 2024
The rock band Nirvana, the fashion brand Marc Jacobs International LLC and a former record company employee have reached a settlement resolving a yearslong dispute over Nirvana's "smiley face" logo, according to a joint report filed in California federal court Tuesday.
JD Supra Law
JULY 9, 2024
The Situation: The Hatch-Waxman Act allows generic drug manufacturers to "carve out" a brand's patented indications from their proposed labeling. Generic manufacturers often rely on these so-called "skinny labels" to try to avoid findings of infringement in standard Hatch-Waxman cases, but in post-marketing situations, the generic's "skinny label," coupled with its public statements, can be evidence of induced infringement even as to the carved-out, patented uses.
IP Law 360
JULY 9, 2024
A Delaware federal court on Tuesday shot down HEC Pharm Co.'s bid for damages stemming from a preliminary injunction against it over the launch of a generic version of Novartis Pharmaceuticals' blockbuster multiple sclerosis treatment Gilenya.
JD Supra Law
JULY 9, 2024
The Patent Trial and Appeal Board (Board) has published an updated Oral Hearing Guide to reflect current practice before the Board. The changes include: Remote option for participating in America Invents Act (AIA) trials.
IP Law 360
JULY 9, 2024
South Africa's antitrust office has said it's going to drop its investigation over whether Johnson & Johnson engaged in anticompetitive conduct by filing a patent there for a tuberculosis drug, after the drugmaker agreed to lower the cost of bedaquiline by 40% and allow generic versions of the drug on the market.
JD Supra Law
JULY 9, 2024
In Virtek Visions international ULC v. Assembly Guidance Systems, Inc., DBA Aligned Vision Nos. 2022-1998, 2022-2022 (Fed Cir. Mar. 27, 2024), the Federal Circuit reviewed the Patent Trial and Appeal Board’s findings regarding patent obviousness for U.S. Patent No. 10,052,734. Specifically, appellate review of the Board’s findings related to the motivation to combine analysis.
IP Law 360
JULY 9, 2024
A pair of golf marketing companies conspired with Amazon to cash in on the sale of popular equipment endorsed by top-ranked golfer Scottie Scheffler after tricking the manufacturer into selling it to them wholesale, the equipment maker claimed in a fraud and RICO suit filed in California federal court on Tuesday.
JD Supra Law
JULY 9, 2024
On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully analyze the requirements for trade secret protection under the Defend Trade Secrets Act (“DTSA”).
IP Law 360
JULY 9, 2024
Steve Madden pushed back Tuesday against a lawsuit in California federal court from Skechers alleging that one of Steve Madden's companies, Dolce Vita Footwear, infringed its trademark and design patent rights, rejecting Skechers' contention that its "S" marks are famous.
JD Supra Law
JULY 9, 2024
In SnapRays, d/b/a SnapPower v. Lighting Defense Group, the Federal Circuit found that a district court could exercise personal jurisdiction over a declaratory judgment defendant based on the defendant’s sending an Amazon Patent Evaluation Express (APEX) agreement to the declaratory judgment plaintiff alleging that the plaintiff infringed the defendant’s patents by selling products through Amazon into the state.
IP Law 360
JULY 9, 2024
The company responsible for sculpting a bronze statue of legendary Detroit Lions running back Barry Sanders wants out of the lawsuit filed by a professional photographer who claims his copyrighted photo was the unauthorized inspiration for the structure.
JD Supra Law
JULY 9, 2024
Need another reason to secure and enforce design patents? Design patents offer a unique additional remedy in district court litigation: profit disgorgement. While design patent owners may still pursue the traditional remedies of injunctive relief (§ 283) and compensatory damages (§ 284) available to utility patent holders, Congress enacted a statute in 1887 that uniquely enables design patent owners to recover the total profits earned by the infringer from their prohibited conduct.
IP Law 360
JULY 9, 2024
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
JD Supra Law
JULY 9, 2024
In June 2024, the Court granted preliminary injunctions against the commercial launch of three EYLEA® (aflibercept) biosimilars, Samsung Bioepis’s Opuviz™ (aflibercept-yszy) (Case Nos. 1:23-cv-00094 (N.D.W. Va.), 1:23-cv-00106 (N.D.W. Va.) / MDL 1:24-md-03103 (N.D.W. Va.)), Formycon’s Ahzantive® (aflibercept-mrbb) (Case Nos. 1:23-cv-00097 (N.D.W. Va.) / MDL 1:24-md-03103 (N.D.W.
IP Law 360
JULY 9, 2024
The Ninth Circuit has backed a California federal court's decision not to throw out a suit claiming Dun & Bradstreet Holdings sold personal information of individuals without consent, saying the proposed class action can move forward.
JD Supra Law
JULY 9, 2024
Design patents protect the ornamental appearance of an article. The protection granted by a design patent is primarily indicated by illustrations. Since the first grant in 1842, the United States Patent and Trademark Office (USPTO) has issued about 1.03 million design patents.
IP Law 360
JULY 9, 2024
The Federal Circuit on Tuesday quickly shot down appeals from a patent litigation outfit trying to breathe life back into its failed legal campaign against a handful of prominent dating apps.
Christopher Roser
JULY 9, 2024
The third and last Mercedes-Benz (also known as Daimler) is its newest and comparatively smallest plant, in Rastatt. I have been to Rastatt many times, but this blog post is based on public information and on information from the guided tour. It is in my view the best-performing plant of Mercedes-Benz, and among the top. Read more The post The Grand Tour of German Automotive—Mercedes-Benz Rastatt first appeared on AllAboutLean.com.
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