IP Watchdog

OCTOBER 24, 2024

In 2006, the Supreme Court upended U.S. innovation in eBay vs. MercExchange (eBay). The eBay decision mandated a four-factor test (eBay Factors) that made injunctions nearly impossible to obtain. A working paper from Professor Kristina M.L. Acri shows that eBay reduced injunctions by 91.2% for patent owners without a product and 66.7% for patent owners with a product. eBay opened the floodgates to massive predatory infringement, destroying countless startups, especially those commercializing cri

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Traverse Legal Blog

OCTOBER 24, 2024

Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. While sometimes available to any individual , Right of Publicity is typically aimed at protecting the name or likeness of famous individuals. [scroll down for free resources that explain what the right of publicity is and how you protect yours] What is the Right of Publicity?

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The IPKat

OCTOBER 24, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg; Chair of the Committee for Design Law of the German Association for the Protection of Intellectual Property) on the comments the GRUR Committee for Design Law submitted on the request made by the Fővárosi Törvényszék, Hungary, for a preliminary ruling by the CJEU presenting questions for the interpretation of provisions of Council Regulation (EC) No 6/2002 of 12 Decemb

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IP Law 360

OCTOBER 24, 2024

Zest Labs wants Walmart sanctioned in a suit claiming the retail giant stole the startup's trade secrets related to shelf-freshness technology, telling an Arkansas federal judge that Walmart hid important evidence about patents it had filed applications for.

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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

TorrentFreak

OCTOBER 24, 2024

Manga and anime have become increasingly popular in recent years. These formats originate in Japan but are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above, which also has growing audience of many millions of fans. As with any type of media, not all consumers are paying for access.

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Technology & Marketing Law Blog

OCTOBER 24, 2024

By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September 2024 (9 quarters, or 27 months). Here are a few highlights from the report: 1. Number of claims filed: The graph shows a linear progression, meaning the number of claims filed are steady, they are NOT increasing over time.

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JD Supra Law

OCTOBER 24, 2024

Ed. Note: This week, leading up to Halloween, I will examine lessons for compliance professionals through the lens of the great Universal Movie Monsters: Frankenstein, Wolfman, Dracula, and The Mummy. Today, we consider Bela Lugosi’s film version of Dracula.

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Branding Brands Branding 71

The Illusion of More

OCTOBER 24, 2024

A common disparagement of copyright advocacy is that it is anti-technology. Despite overwhelming evidence that professional creators are early adopters of new technlogical developements, the talking point persists that enforcing the rights of creators can only “stifle innovation.” This “Luddite” critique of copyright rights was used to defend the predatory models of social and streaming […] The post Generative AI’s Analogs to Technological Disruptions of the Past appeared first on The Illu

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JD Supra Law

OCTOBER 24, 2024

The Federal Circuit recently issued a nonprecedential decision in Toyo Tire Corp. v. Atturo Tire Corp., concerning Toyo’s alleged trade dress in its tires, and Atturo’s counterclaims premised on Toyo’s settlement negotiations from a separate action. The Federal Circuit held that sanctions were warranted against Toyo because during the district court litigation it had improperly shifted the definition of its trade dress, which the Federal Circuit agreed was functional and lacked secondary meaning

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SpicyIP

OCTOBER 24, 2024

Discussing the recent JioHotstar domain name controversy, Akshay Ajayakumar analyzes the relevant cybersquatting concerns in this guest post. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant for domain name disputes at Sim and San, Attorneys At Law.

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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

OCTOBER 24, 2024

On October 18, 2024, the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), addressing, in relevant part, the propriety of claim construction at the Rule 12 stage.

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Copyright Alliance

OCTOBER 24, 2024

Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks The International Intellectual Property Alliance (IIPA) was established nearly […] The post Strong Copyright Law Matters: The International Perspective appeared first on Copyright Alliance.

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JD Supra Law

OCTOBER 24, 2024

As we previously reported, on September 24, 2024, the District Court for the Northern District of West Virginia denied Regeneron’s motion seeking a preliminary injunction preventing Amgen from launching its FDA-approved aflibercept biosimilar, PAVBLU (aflibercept-ayyh). A redacted version of the previously-sealed district court opinion was filed earlier this month.

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IP Law 360

OCTOBER 24, 2024

Bell Helicopter Textron Inc. told a Texas jury that a third-party vendor took the aerospace company's tech and "slapped their name on it," saying during closing arguments Thursday that jurors should reject California-based digital avionics equipment supplier Rogerson Aircraft Corp.'s ask of $127 million.

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JD Supra Law

OCTOBER 24, 2024

In its recent judgment in Sony Interactive Entertainment v. Datel, the CJEU ruled on the specific copyright protection of computer programs under Directive 2009/24/EC (Case C‑159/23). The CJEU found that while “cheating software” can substantially impact gameplay, it does not infringe copyright under the Directive, as long as the modifications are limited to variables stored in the computer’s RAM and do not alter the game’s underlying program code.

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Copyright Infringement Copyright 68

IP Law 360

OCTOBER 24, 2024

The Federal Circuit on Thursday gave Lenovo a new shot at securing an order that could bar Ericsson from enforcing injunctions in South America amid the companies' globe-spanning standard-essential patent dispute, faulting a lower court's reasoning for rejecting Lenovo's request.

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JD Supra Law

OCTOBER 24, 2024

On October 22, 2024, the Federal Circuit (CAFC Case No. 24-2351) denied Regeneron’s request for an injunction pending appeal for Amgen’s EYLEA® (aflibercept) biosimilar Pavblu™ (aflibercept-ayyh), concluding that “Regeneron has not established that an injunction pending appeal is warranted.”.

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IP Law 360

OCTOBER 24, 2024

MR Technologies has asked a California federal judge to deny Western Digital's bid to toss a $262 million patent infringement verdict in a dispute over disk drive storage technology, saying the hard drive behemoth's desire for a redo is outweighed by its failure to present any legal errors or abuse of discretion by the court.

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JD Supra Law

OCTOBER 24, 2024

Two years ago, the Colorado State Fair’s annual art competition sparked controversy after awarding a blue ribbon to a work generated in part by A.I. Jason Allen, the artist responsible for the work, said at the time, “I won, and I didn’t break any rules.” The judges agreed, despite outrage from some that the work lacked artistic merit.

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IP Law 360

OCTOBER 24, 2024

The Patent Trial and Appeal Board has fully thrown out an Orckit Corp. link aggregation patent and mostly invalidated another telecommunications patent following challenges from Cisco, finding their claims were too obvious to warrant patent protection.

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Patent 52

JD Supra Law

OCTOBER 24, 2024

The Federal Circuit has been petitioned by plaintiff Teva Branded Pharmaceutical Products R&D, Inc. to reverse a decision in favor of Defendant Amneal Pharmaceuticals wherein the District Court entered an injunction ordering Teva to delist five Orange Book-listed patents, in Teva Pharms. Inc. v. Amneal Pharms. LLC. This post concerns Teva's Reply brief answering Amneal's Responsive brief to Teva's Opening Brief on appeal.

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IP Law 360

OCTOBER 24, 2024

U.S. Patent and Trademark Office Director Kathi Vidal fielded tough questions before a crowd of attorneys Thursday to start the annual American Intellectual Property Law Association annual meeting, covering topics from her agency's cybersecurity challenges to the backlog of patent and trademark applications.

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JD Supra Law

OCTOBER 24, 2024

In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party e-commerce company could be “found.” The Tenth Circuit concluded that whether an e-commerce company is “found” in a district for purposes of jurisdiction is determined based on whether its officers or agents carry out the company’s business there, not on the manner in which.

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IP Law 360

OCTOBER 24, 2024

A Wilmington federal jury next week will hear a trade secrets lawsuit that accuses a CEO of helping himself to confidential information about cancer treatment antibodies while being employed as an expert in an unrelated $200 million arbitration proceeding. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

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JD Supra Law

OCTOBER 24, 2024

The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that if a party wishes to appeal against a procedural order, and leave to appeal has not already been granted in the order, the party must first apply to the Court of First Instance for leave to appeal. Only if such an application is rejected is it then possible to request a discretionary review by the CoA (pursuant to Rule 220.3 of the UPC Rules of Procedure (RoP)).

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IP Law 360

OCTOBER 24, 2024

A Delaware federal jury was wrong to find Comcast infringed a NexStep "digital butler" patent, and the trial judge properly overruled it, a split Federal Circuit panel said Thursday.

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JD Supra Law

OCTOBER 24, 2024

Is Theft of Trade Secrets a Crime Under Federal Law? Yes. In this installment, we’ll focus on the Economic Espionage Act (EEA) and the Defend Trade Secrets Act (DTSA), as well as the Computer Fraud and Abuse Act (CFAA). Theft of trade secrets is also a crime under state law.

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IP Law 360

OCTOBER 24, 2024

The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

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JD Supra Law

OCTOBER 24, 2024

In a case brought by a group of record labels against an internet service provider (ISP) for contributory copyright infringement of more than 1,400 songs, the US Court of Appeals for the Fifth Circuit ruled that the provider, which knew how its product would be used by subscribers, could be contributorily liable for its subscribers’ actions, but that because the record companies registered albums – not individual songs – with the US Copyright Office, statutory copyright damages were not.

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IP Law 360

OCTOBER 24, 2024

A North Carolina federal judge has ruled Sherbrooke Corporate Ltd. failed to properly allege three former executives it accused of stealing confidential, proprietary software to start their own company actually used that software or kept how it worked a secret.

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Confidentiality 52

JD Supra Law

OCTOBER 24, 2024

The US Patent & Trademark Office (PTO) published a final rule entitled, Expanding Opportunities to Appear Before the Patent Trial & Appeal Board; 89 Fed. Reg. 82172 (Oct. 10, 2024).

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Patent Trademark Blog

OCTOBER 24, 2024

How to Ask the Right Questions About Utility Patent Infringement Utility patent infringement is complex, to say the least. Beyond the technical analysis which can be quite nuanced, there are practical considerations such as cost and timing. Would the amount of money and time spent arguing the case be worth the results? Do you have the resources to reach a final decision?

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Patent Infringement Patent Cease and Desist Due Diligence 52

JD Supra Law

OCTOBER 24, 2024

Generative artificial intelligence (AI) has become an essential tool in the drug discovery process. Trained with input regarding target engagement and desired pharmacological properties, or prompted to identify compounds that can bind a target, AI systems can rapidly generate libraries of new small molecules and biologics for clinical development, cutting years off of the research and development (R&D) timeline.

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IP Law 360

OCTOBER 24, 2024

Crowe & Dunlevy has picked up a politically ambitious intellectual property professor from Oklahoma City University School of Law who has previously worked as a litigator for nonpracticing entities and as a patent examiner.

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Law Intellectual Property IP Litigation 52

JD Supra Law

OCTOBER 24, 2024

While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown below, over the previous year the average length of time from a design application filing date to the date that a first Office action was mailed was 16.7 months (Figure 1, below).

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