3 Count: Medical Challenge
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.
Wed.Jul 03, 2024
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PTAB Statistics Through Seven Months of FY2024
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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Copyright, Trademark and Patent in Fireworks
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.
7th Circ. Backs Bulk Of Motorola's $540M Award In IP Fight
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.
Software Composition Analysis: The New Armor for Your Cybersecurity
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?
Court Issues Injunction Against University of Toronto Encampment on Trespass Grounds, Finds “No Doubt That Some of the Speech on the Exterior of the Encampment Rises to the Level of Hate Speech”
Michael Geist
JULY 3, 2024
Ontario Superior Court of Justice Markus Koehnen issued his much anticipated ruling involving the encampment at the University of Toronto late yesterday, granting the University its requested order that can be used to remove the encampment. Under the order, protesters have until 6:00 pm today to clear the encampment. If they fail to do so, the court ruled that the University can levy the full range of sanctions, including “physical enforcement of the order, prosecution for trespass, liability fo
After Chevron Deference: What Lawyers Need To Know
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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Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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Boxing Makes Me A Better Lawyer
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.
How to Set up a Company in Germany
Cogency Global
JULY 3, 2024
What this is : Germany has a strong, dynamic economy; a stable political environment; is home to tens of thousands of businesses and is the second-largest exporter in the world. With its international prominence, Germany is an appealing choice for foreign investors eyeing European expansion. What this means : Setting up a company in Germany requires the understanding of several requirements and restrictions.
[Audio] SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
JD Supra Law
JULY 3, 2024
Music and Trademark lawyer Tamera Bennett and TV and Film lawyer Gordon Firemark discuss: Trump Too Small Trademark Barred by Supreme Court. The Supreme Court ruled the Lanham Act’s names clause, which prohibits the registration of trademarks that consist of a living individual's name without their consent, does not violate the First Amendment. Griner’s “Success Kid” Lawsuit Prevails over King for Congress.
BREAKING: Biden's New Judge Picks Include NC Solicitor General For 4th Circ.
IP Law 360
JULY 3, 2024
President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.
IPO Diversity in Innovation Toolkit
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.
The Interplay Key Decisions at the Intersection of Antitrust and Life Sciences - June 2024
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.
[Guest post] Decoding the General Court in design law – adding matter to the prior art?
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?
Guidelines to Using Generative AI as a Branding Tool for Your Business
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.
Wednesday Whimsies
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 !
Recent FDA Guidance Addressing Platform Technologies
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.
Slow fashion: checkerboard design plausibly infringes another checkerboard design
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.
Look Before You Jump: Judge Ho Rules Hague Convention Applies Where Plaintiff Was Not "Reasonably Diligent" in Finding Defendants' Addresses
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’.
Google Defeats Online Media Patent Suit At Fed. Circ.
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.
Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News
JD Supra Law
JULY 3, 2024
As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s Spilling Secrets Podcast Series and blogged about.
Cooley DQ'd From IP Case Over Atty's Past Patent Work
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.
[Webinar] Intellectual Property Group - AI Outputs & Copyright Law - July 17th, 9:00 am - 10:00 am EST
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.
Adobe Prevails As Fed. Circ. Rules Alice Dooms E-Sign Patent
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.
The Kessler Doctrine: An Expanded Form of Preclusion Unique to Patent Litigation
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.
Sonos Says Chevron's End Doesn't Impact Google Patent Row
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.
Federal Circuit Patent Watch: Allegations of induced infringement can be based on skinny label in combination with public statements and marketing materials
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.
Juul License Voids Vape Royalties For Altria, Reynolds Argues
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.
FTC Opens Investigation for Orange Book Listing of Medical Device Patents After Teva v. Amneal in District of New Jersey
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.
Akerman Beats DQ Bid In Sneaker Product IP Battle
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.
Chinese Antitrust Enforcement Agency Issues Warning Letter to Patent Pool
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").
Penile Implant Doc Seeks $7M Atty Fees, Costs In $18M IP Win
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.
Patent Office Issued 192 Patents to Indiana Entities in May 2024
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
Cardi B Accused Of Ripping Off FX Show's Song For Single
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.
Patent Economics: Patent Valuation Methods and Licensing Approaches
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.
Siemens, GlobalFoundries Kill Chip Design IP Under Alice
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.
Google Litigation Update
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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