Plagiarism Today

JULY 3, 2024

Medical company wins right to challenge DMCA exemption, UK blocks 7K domains and Starbucks sues NYC marijuana business. The post 3 Count: Medical Challenge appeared first on Plagiarism Today.

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JD Supra Law

JULY 3, 2024

The institution rate for post-grant petitions in FY 2024 through the end of April 2024 (the period from Oct. 1, 2023 through April 30, 2024) stands at 66% (427 instituted, 230 denied). This rate remains flat compared to the previous two fiscal years (67% in FY 2023 and 66% in FY 2022), but remains significantly increased from the two fiscal years prior to that (58% in FY 2021 and 56% in FY 2020).

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Plagiarism Today

JULY 3, 2024

Fireworks displays are a common theme of Fourth of July celebrations. But how has copyright, trademark and patent law changed the field? The post Copyright, Trademark and Patent in Fireworks appeared first on Plagiarism Today.

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Trademark Copyright Plagiarism Patent 169

IP Law 360

JULY 3, 2024

The Seventh Circuit has become one of the first courts to apply trade secrets laws extraterritorially, affirming a $407 million award Motorola won from a Chinese rival for Defend Trade Secrets Act damages in a suit over mobile radios, while finding that a $136 million award for copyright damages will have to be "reduced substantially" in order to cut out international sales.

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IP Copyright Law 98

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

TorrentFreak

JULY 3, 2024

In 2022, it was public knowledge that the MPA had its eye on video hosting and streaming service DoodStream. When the MPA’s top lawyer called the site out a year later, DoodStream’s operators may have underestimated how significant that was. What followed was a copyright infringement lawsuit , filed at the Delhi High Court in India, DoodStream’s home turf.

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Copyright Infringement Copyright Copying Publishing 102

IP Law 360

JULY 3, 2024

This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

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Law 98

IP Law 360

JULY 3, 2024

Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

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JD Supra Law

JULY 3, 2024

Court Orders Delisting of Patents from Orange Book and Denies Motion to Dismiss Antitrust Counterclaims for Improper Orange Book Listings. On June 10, Judge Stanley Chesler of the District of New Jersey entered judgment on the pleadings ordering Teva to remove five patents it had listed in the Food and Drug Administration’s Orange Book.

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Patent 73

IP Law 360

JULY 3, 2024

President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.

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JD Supra Law

JULY 3, 2024

Creating new business and product names, designs, and logos is a daunting task to those looking to launch develop their brands. In addition to wanting something memorable and appealing, trademark attorneys recommend avoiding existing words or phrases in order to create something unique and distinctive within the relevant marketplace.

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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

43(B)log

JULY 3, 2024

Hian v. Louis Vuitton USA Inc, 2024 WL 3237591, No. 22-3742 (E.D. Pa. Jun. 28, 2024) The court tosses out most of an independent fashion designer’s claims against LVMH, while preserving one copyright infringement claim based on a distorted checkerboard pattern. I can’t say I think that one is likely to survive summary judgment, but it still puts LVMH at some risk given the accused items, which include some marketing materials.

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Designs Design Copyright Infringement Marketing 64

JD Supra Law

JULY 3, 2024

On May 29, 2024, the U.S. Food and Drug Administration (“FDA”) released draft guidance titled Platform Technology Designation Program for Drug Development. The draft guidance describes the process for requesting and receiving a “platform technology designation,” which could provide an expedited pathway for FDA review of drugs or biologics that utilize that platform technology.

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The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). Here’s what Henning writes: Decoding the General Court in design law – adding matter to the prior art?

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Designs Design Art Law 64

JD Supra Law

JULY 3, 2024

On June 17, 2024, United States District Court Judge Dale E. Ho ruled on several motions related to Plaintiff Spin Master, Ltd.’s service of process on Defendants Leqiong, Monkki, Onecemore, Chenghai Lucky Boy Toys Co., Ltd. ("Chenghai"), Yucmed Store, Aomore-US, and Ropwol (collectively, “Defendants”). In analyzing the application of the Hague Convention, the Court vacated an earlier Alternative Service Order because Plaintiff did not show “reasonable diligence” in searching for Defendants’.

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The IPKat

JULY 3, 2024

Have you packed your SPF 70-guaranteed IP books? With summer in full swing in the Northern hemisphere, it might perhaps feel natural to long for things other than IP, but there is plenty of IP-related activity happening before and right after the hot months. Take a look at some announcements below and do not forget always to monitor The IPKat's Events page !

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JD Supra Law

JULY 3, 2024

We will explore another fast-evolving and contentious issue in IP: an international comparison of whether or not the outputs of AI can be protected by copyright. We will be joined by guest speaker Professor Ryan Abbott, the driving force behind the international "Device for Autonomous Bootstrapping of Unified Sentience" (DABUS) cases, which have tested the possibility of IP protection for innovations and expressive works generated by AI.

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Intellectual Property Copyright Law Law Copyright 68

IP Law 360

JULY 3, 2024

A Federal Circuit panel on Wednesday backed Google LLC's win in a California federal suit accusing it of infringing patents on creating layered web-based communications like ads and websites.

Patent 59

Patent 59

JD Supra Law

JULY 3, 2024

Late last year, the Federal Circuit affirmed an award of over $5 million in attorneys’ fees in favor of the defendants in PersonalWeb v. Patreon. In addressing the propriety of the award, the Federal Circuit also took the opportunity to reaffirm (albeit over the dissent of Judge Dyk) the applicability of the so-called Kessler doctrine, which an earlier panel of the court had relied on to dismiss the claims in the case.

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IP Law 360

JULY 3, 2024

Cooley LLP was disqualified on Wednesday from representing a pharmaceutical customer-support software company against patent infringement claims in Delaware, with the district court citing a Cooley partner's prior work representing the plaintiff and Cooley's refusal to screen its attorney.

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Patent Patent Infringement IP 59

JD Supra Law

JULY 3, 2024

Precedential and Key Federal Circuit Opinions - BETEIRO, LLC v. DRAFTKINGS INC. [OPINION] (2022-2275, 06/21/2024) (Dyk, Prost, Stark) - Stark, J. The Court affirmed the district court’s dismissal of multiple, related patent infringement cases for failure to state a claim based on subject matter ineligibility of the patent claims.

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IP Law 360

JULY 3, 2024

The Federal Circuit on Wednesday affirmed a lower court's ruling that axed an electronic signature patent for not inventing "much of anything," saying the patent Adobe Inc. allegedly infringed merely covered a long-standing business practice of signing documents.

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JD Supra Law

JULY 3, 2024

Summary - On June 10, 2024, the District Court for the District of New Jersey ordered Teva to delist five patents from the Orange Book for ProAir® HFA (albuterol sulfate) Inhalation Aerosol. The patents were directed to components of a metered inhaler device and did not claim the active ingredient, albuterol sulfate. The court held that these five patents do not claim the drug because they do not claim the “finished dosage form” of Teva’s product.

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Patent 63

IP Law 360

JULY 3, 2024

The U.S. Supreme Court's abolition of so-called Chevron deference doesn't warrant granting Google's request for the full Federal Circuit to review precedent on the U.S. International Trade Commission's patent powers, which requires "special justification" to undo, Sonos said Wednesday.

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Patent 59

JD Supra Law

JULY 3, 2024

Recent action by China's State Administration for Market Regulation ("SAMR") demonstrates renewed Chinese antitrust focus on standard essential patents ("SEPs").

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Patent Marketing Marketing 66

IP Law 360

JULY 3, 2024

R.J. Reynolds Vapor Co. said it shouldn't have to pay royalties to the parent company of Philip Morris for a pod-style vape it was found to have infringed in a $95 million patent verdict nearly two years ago, pointing to a recent licensing deal it signed with Juul.

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Licensing Patent 52

Indiana Intellectual Property Law

JULY 3, 2024

The U.S. Patent Office issued the following 192 patents to persons and businesses in Indiana in May 2024: PATENT NUMBER PATENT TITLE US 11995034 B2 Hierarchical tags with community-based ratings US 11992228 B2 Reciprocating rasps for use in an orthopaedic surgical procedure US 11993124 B2 Side-by-side vehicle US 11993954 B2 Mortise and multipoint latching assembly US 11992611 B2 Respiratory therapy apparatus control US 11996582 B2 Separators for VRL

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Patent Television Marketing Marketing 52

IP Law 360

JULY 3, 2024

Akerman LLP can't be disqualified from defending a manufacturing company against claims that it stole from a social media influencer it partnered with to sell sneaker care products, a California federal judge has ruled.

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Social Media IP 52

Intepat

JULY 3, 2024

Innovations and patents are crucial for corporate success, as they provide a competitive advantage. With rising capital needs and global financial market opportunities, patents are attractive to stakeholders and investors. In order to ascertain the impact of patents on company success, it is necessary to effectively manage and assess the value of patents.

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Licensing Patent Marketing Marketing 52

IP Law 360

JULY 3, 2024

A urologist who won $18.3 million in royalties and damages after a jury found a rival stole his penile implant trade secrets and infringed his intellectual property asked a California federal judge for $6.5 million in attorney fees and $614,000 in costs, saying he is owed the funds as the prevailing party in the litigation.

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Intellectual Property Litigation IP 52

Likelihood of Confusion

JULY 3, 2024

Originally posted 2012-03-18 14:49:20. Republished by Blog Post PromoterGoogle struck back last week (again), according to Eric Goldman’sTechnology & Marketing Law Blog. Google’s stock “gave back” (as they say) double-digit dollars from its recent runup the same day as Eric’s posting. I’m just saying. The post Google Litigation Update appeared first on LIKELIHOOD OF CONFUSION™.

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IP Law 360

JULY 3, 2024

Two music creators say Cardi B's new hit "Enough (Miami)" infringed a song they wrote in 2021, telling a Texas federal court Wednesday that they're entitled to a temporary and permanent restraining order barring the song from being played.

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Music 52

IP Watchdog

JULY 3, 2024

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday, July 3, affirmed a district court’s holding that a patent for e-signature technology was ineligible under Section 101. The district court found the patent claims were directed to a longstanding business practice under Alice step one, and were therefore abstract, and that they contained no inventive step at Alice step two.

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Patent Invention Technology Business 53

IP Law 360

JULY 3, 2024

Siemens and GlobalFoundries nabbed a major win Tuesday when a Delaware federal magistrate judge granted the semiconductor makers' summary judgment bids in a patent infringement case, holding that the chip design patents the companies are accused of infringing are invalid under Alice.

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Designs Design Design Patent Patent Infringement 52

Patently-O

JULY 3, 2024

by Dennis Crouch The Federal Circuit’s practice of issuing no-opinion affirmances under Rule 36 is facing renewed scrutiny in two recent petitions for rehearing en banc. In UNM Rainforest Innovations v. ZyXEL Communications Corp. and Island Intellectual Property LLC v. TD Ameritrade, Inc. , the petitioners argue that the court’s use of one-word Rule 36 judgments allowed it to sidestep key legal and factual issues raised on appeal.

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Patent Law Law Patent Intellectual Property 49

IP Law 360

JULY 3, 2024

The Civilian Board of Contract Appeals has again tossed a dispute, previously revived by the Federal Circuit, alleging the U.S. Food and Drug Administration breached a software company's end-user license agreement, saying it lacks jurisdiction to enforce the agreement.

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