Fri.Jul 12, 2024

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The EU AI Act has been published

The IPKat

Artificial Intelligence (AI) has been a hot topic in recent years. Its development and use continue to grow, in all areas. It's not uncommon to see images created by AI popping up all over the place (this Kat loves generating AI images). Today saw the publication of the long awaited Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168

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Zimmer Biomet Owes Despite Expired Patents, 7th Circ. Says

IP Law 360

Zimmer Biomet Holdings shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired, the Seventh Circuit said Friday, backing a lower court's decision affirming an arbitration ruling in favor of the surgeon's estate.

Patent 98
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Chewier than ever

Likelihood of Confusion

Originally posted 2016-12-18 22:30:40. Republished by Blog Post PromoterNotwithstanding my own bouts of sympathy for the blighters, you have to admit it just looks like the folks at Louis Vuitton are getting so bad at taking a joke that the joke is becoming them. First it was the matter of Chewy Vuitton, the case where Vuitton’s […] The post Chewier than ever appeared first on LIKELIHOOD OF CONFUSION™.

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Litigation Funding 'Abuses' Targeted By Federal Lawmakers

IP Law 360

Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.

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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?

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Ambush Marketing in Events

JD Supra Law

The Paris 2024 Olympic Games are about to begin, along with discussions around ambush marketing. Ambush marketing involves the opportunistic use of events to promote products and/or services without actually financially supporting the official event, which may be sports, music, technology, or any other event.

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Polsinelli Hires Longtime Daspin & Aument IP Atty In Chicago

IP Law 360

Polsinelli PC has hired a Daspin & Aument LLP attorney in Chicago as an intellectual property litigation practice shareholder, after he spent almost 17 years with the firm, according to an announcement Thursday.

More Trending

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VW Lawyers Win Fees From 'Sloppy' Texas Patent Atty

IP Law 360

A federal judge in Houston has said a Dallas lawyer behind over 700 patent lawsuits over the past three years is personally liable to pay Finnegan Henderson Farabow Garrett & Dunner LLP's fees over his "sloppy" and "offensive" case against Volkswagen.

Patent 69
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Shell Shocked: Judge’s Travel Plans Turn the Tide in Shrimp Dispute

JD Supra Law

Addressing the scope of a magistrate judge’s Article III authority, the US Court of Appeals for the Eleventh Circuit vacated a judgment and remanded the case for a new trial because the magistrate judge performed non-ministerial acts without obtaining proper consent. PB Legacy, Inc v. Am. Mariculture, Inc., Case No. 22-12936 (11th Cir. June 18, 2024) (Pryor, C.J.; Brasher, J.

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Other Barks & Bites for Friday, July 12: Senate Passes Bill to Curb ‘Patent Thickets’; EU Publishes Final Text of New AI Act; Bipartisan Group of Senators Introduces Bill on AI and Copyright

IP Watchdog

This week in Other Barks & Bites: A group of senators introduces the COPIED Act; WIPO begins its annual assemblies meetings; and the European Union publishes the final text of its landmark AI Act.

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[Audio] The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties (Podcast)

JD Supra Law

Cher recently won a major lawsuit over her music royalties from her divorce from Sonny Bono. Join Weintraub attorneys Scott Hervey and Jamie Lincenberg on today’s episode of “The Briefing” as they break down this case and its implications for copyright law.

Music 66
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IPO Diversity in Innovation Toolkit

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.

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Fed. Circ. Probes Case With Apple Watch Import Ban At Stake

IP Law 360

In a case that could lead to a U.S. International Trade Commission import ban on the Apple Watch amid a patent dispute with AliveCor, Federal Circuit judges asked both companies Friday why a patent office tribunal that invalidated the patents didn't see evidence from the ITC case.

Patent 64
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[Video] The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties

JD Supra Law

Cher recently won a major lawsuit over her music royalties from her divorce from Sonny Bono. Join Weintraub attorneys Scott Hervey and Jamie Lincenberg on today’s episode of “The Briefing” as they break down this case and its implications for copyright law.

Music 66
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TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

So far this year, the Board has affirmed just over 90% of the Section 2(e)(1) mere descriptiveness refusals reviewed on appeal. Here are three more. How do you think they came out? [Results in first comment]. In re Stephen Van Eynde , Serial No. 90814404 (July 10, 2024) [not precedential] (Opinion by Judge Michael B. Adlin). [Mere descriptiveness refusal of BRKFST KRSPS for breakfast foods, including cereal.

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What Makes a Trademark Case “Exceptional” in the Fifth Circuit?

JD Supra Law

The US Court of Appeals for the Fifth Circuit affirmed a senior party mark but found that the district court committed clear error in finding that a similar junior party mark was valid. The Fifth Circuit also found that the district court abused its discretion in awarding attorneys’ fees to the senior user. Appliance Liquidation Outlet, L.L.C. v. Axis Supply Corp., Case No. 23-50413 (5th Cir.

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Winery Gets $666K Fees After Winning $666K Trademark Row

IP Law 360

An Italian winemaker won $666,214 in fees and postjudgment interest for prevailing against a Napa Valley, California, rival in a trademark dispute over similarly named wines, after a New York federal judge said the case was "exceptional," considering the defendants' continued use of the infringing name even after being sued and agreeing to stop.

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Is Pleading “Generic” Enough to Plead Inducement?

JD Supra Law

The US Court of Appeals for the Federal Circuit held that a branded pharmaceutical manufacturer properly pled a theory of inducement by alleging that the generic competitor promoted its product as “generic” to the branded product and referred to the branded product’s sales for patented uses. Amarin Pharma Inc. v. Hikma Pharmaceuticals USA Inc., Case No. 23-1169 (Fed.

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Lenovo Dodges Deposition Bid In Texas Software Patent Fight

IP Law 360

Lenovo has skirted a subpoena seeking witness testimony in a patent case involving two rival software companies and the computer giants HP and Dell, with a North Carolina federal judge finding that the request was "overbroad" and not well justified given that Lenovo isn't part of the suit.

Patent 59
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An Analysis of the Trademark Use Circumstances as a Defense against Misidentification Clauses --Trademark Sign Containing Terms on Raw Materials and Functional features of Goods

JD Supra Law

In recent years, the examination of whether a trademark sign violates the misidentification clause in trademark authorization and affirmation cases has become increasingly stringent. The number of related trademark refusals and refusal review cases has been on the rise, while the success rate of refusal review cases has been decreasing by the year. Among these cases, trademark signs that contain terms directly indicating the raw materials and functional features of the goods are the most common.

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NPE Patent Suits Up 19% From 2nd Half Of 2023

IP Law 360

The number of patent lawsuits filed by so-called nonpracticing entities has continued to increase in the past year, with the Eastern District of Texas being the top district in terms of patent litigation, according to a new report.

Patent 59
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What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on GrubHub/Home Chef Case

JD Supra Law

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Toms Shoes Sues Amazon Storefront in Trademark Complaint - On the heels of Chanel winning a $4 million jury verdict against a clothing reseller, Toms Shoes filed for trademark infringement against Bloom Trading, a company that operates a third-party Amazon storefront.

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Steris Infringing 'AST' Trademark, Medical Equipment Co. Says

IP Law 360

Medical supply company Steris Corp. is allegedly infringing the "AST" trademark of a Washington engineering and medical equipment firm, according to a complaint filed Friday in Washington federal court.

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WIPO Publishes Massive 'Patent Landscape Report' on Generative AI

JD Supra Law

If you're looking for a global update on the world of patents and generative AI (GenAI), look no further than the recent Patent Landscape Report: Generative AI by the World Intellectual Property Organization (WIPO).

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10th Circ. Tosses Prof's Conviction In 'China Initiative' Case

IP Law 360

A split Tenth Circuit panel has reversed the conviction of a former University of Kansas professor accused of hiding the fact that he was pursuing a job in China, ruling that prosecutors hadn't offered enough evidence to prove that his omission was material to any federal agency funding decision.

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Robbing Peter to Pay Paul? Supreme Court to Consider Scope of Lanham Act “Defendant’s Profit” Award

JD Supra Law

The Supreme Court has agreed to consider the breadth of a damages award in a long-running trademark dispute between two real estate companies. Dewberry Group, Inc. v. Dewberry Engineers, Inc., Docket No. 23-900 (Supr. Ct. June 24, 2024).

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Fed. Circ. Upholds Natera's Injunction In Cancer Test IP Fight

IP Law 360

The Federal Circuit on Friday upheld a preliminary injunction barring NeoGenomics Laboratories Inc. from selling certain cancer tests while a North Carolina federal court decided whether they infringed Natera Inc. patents.

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Launch of.LOCKER

JD Supra Law

Orange Domains, a joint venture between Trust Machines, Tucows and Hiro Systems, has recently launched the new generic Top Level Domain (gTLD).LOCKER. .LOCKER is aimed at businesses offering digital locker services such as secure electronic file storage and personal storage solutions.

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Ramey Says 'Any Competent' Atty Wouldn't Seek Sanctions Yet

IP Law 360

Ramey LLP, counsel for mobile payment company AuthWallet LLC, has urged a Texas federal judge to reject a bank's attempt to sanction the company's attorney, saying the request is premature since the case doesn't have a prevailing party yet.

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Trademarking Italian place-names: 10 key Q&As and new rules for Milan

JD Supra Law

The latest of many Italian regulatory changes aimed at protecting the "Made in Italy" brand comes as the Municipality of Milan approved a new "Regulation for the release of authorization to register trademarks including the ‘Milano’ sign".

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Tequila Co. Wants Out Of Brewer's 'Dragon's Milk' TM Suit

IP Law 360

A Mexican tequila company said a judge should dismiss a trademark action filed by a Michigan craft brewer to protect its use of the name "Dragon's Milk," saying it hasn't threatened to assert infringement of its "Casa Dragones" mark.

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THE TANGAIL SAREE GI DISPUTE : BATTLE OF THE TWO BENGALS

Intepat

Introduction The dispute over the Geographical Indication (GI) tag for Tangail sarees between India and Bangladesh highlights complex issues of cultural heritage and intellectual property rights. It underscores broader concerns about cultural preservation, artisan rights, and economic implications of GI tags. This controversy began when India applied for the GI tag wherein, after a four-year process involving scrutiny and amendments, the “Tangail Saree of Bengal” GI was awarded to We

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AbbVie Brings Atty-Client Privilege Fight To Supreme Court

IP Law 360

Drugmaker AbbVie has set its sights on the U.S. Supreme Court, asking justices to weigh in on a discovery battle over what it believes are privileged attorney-client communications relating to a "sham" Pennsylvania patent case.

Patent 52
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Financial market commission heralds a milestone for open finance

Olartemoure Blog

The Financial Market Commission of Chile issued the first comprehensive open finance regulation in the country, promising to revolutionize the Latin American financial sector by introducing a detailed framework for its operation. This regulation defines the perimeter and structure of the open finance system, establishes provisions for information exchange, and measures to ensure data quality and integrity.

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Fed. Circ. To PTAB Detractor: Didn't We Do This Already?

IP Law 360

The Federal Circuit seemed confused Friday by Arbor Global Strategies' argument that the Patent Trial and Appeal Board was acting outside the Administrative Procedure Act when it invalidated the company's processor module patent claims, since they'd tackled that question in an earlier precedential opinion.

Patent 52
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EU anti-money laundering system

Olartemoure Blog

The Council of the European Union has announced the adoption of the EU’s new Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) regime, which consists of an update of the EU’s Anti-Money Laundering Directive, a brand new Anti-Money Laundering Regulation, and the establishment of the European Anti-Money Laundering Authority (AMLA).

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Cell Tech Patent Holdup Is Stalling Automaker Innovation

IP Law 360

Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.

Patent 52