IP Law 360
OCTOBER 18, 2024
A Delaware bankruptcy judge Friday approved residential solar technology company SunPower Corp.'s plans to distribute the proceeds of its asset sales to the creditors in its Chapter 11 case after hearing all objections had been resolved or put off.
IP and Legal Filings
OCTOBER 18, 2024
Introduction The case revolved around the unauthorised use of the Infosys trademark by Southern Infosys Limited. The High Court of Delhi delivered its judgment on May 27, 2024. This is an important ruling that underscores the importance of trademark protection and issues of infringement. This case is a name closely similar to the well-known Infosys Limited.
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IP Watchdog
OCTOBER 18, 2024
On October 16, the U.S. Court of Appeals for the Federal Circuit issued a ruling in CAO Lighting, Inc. v. Feit Electric Co., Ltd. vacating a summary judgment entered by the Central District of California that found Feit Electric did not infringe semiconductor light source patent claims asserted by CAO Lighting. In so ruling, the Federal Circuit found that the district court erred in construing the claim term “first reflective layer,” and in requiring that the claimed first reflective layer be co
Likelihood of Confusion
OCTOBER 18, 2024
Originally posted 2014-07-22 13:14:34. Republished by Blog Post PromoterThose of you of a certain age will remember the classic SNL parody commercial for “New Shimmer“: It’s kind of the same thing with Aereo, isn’t it? As I said in my now-legendary-in-my-own-mind multi-part post, every next judge presented with the relevant inquiries in the Aereo case […] The post Aereo, FilmOn, and the “Shimmer” of maybe-unlawfully-clever digital entertainment delivery
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?
JD Supra Law
OCTOBER 18, 2024
Artificial intelligence (AI) has been a hot topic for years, but with the explosion in popularity of generative AI solutions like ChatGPT, everyone is talking about it. However, there are a lot of misconceptions about AI in terms of what it is, how it works, and the benefits and risks of using it. As we saw with the Avianca case earlier this year where an attorney filed a brief with several bogus case citations generated by ChatGPT, the output from AI algorithms isn’t always reliable.
SpicyIP
OCTOBER 18, 2024
Recently a professor from the University of California, Los Angeles filed an antitrust complaint against six academic publishers before the US District Court for the Eastern District of New York. SpicyIP intern Samridhi Chugh writes on this development, discussing the many problems posed by the business of academic publishing. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
OCTOBER 18, 2024
Breaking down the Delhi High Court’s recent order concerning goods of intimate nature (labelled as “Hush Products” by the Court), SpicyIP intern Bhuwan Sarine assesses the Court’s unique finding on likelihood of confusion in case of these products. Bhuwan is a third year B.A., LL.B. (Hons.) student at National Law School of India University, Bengaluru.
JD Supra Law
OCTOBER 18, 2024
On October 10, 2024, the FDA approved Accord BioPharma’s Imuldosa™ (ustekinumab-srlf), the fifth biosimilar of Janssen / Johnson & Johnson’s Stelara® (ustekinumab). Imuldosa™ was developed by Dong-A ST in collaboration with Meij Seika Pharma, and Accord is responsible for commercialization in the U.S.
The IPKat
OCTOBER 18, 2024
Attentive IPKat readers may have noticed that this Kat has been rather silent of late. Do not fear, PatKat is back! And what a better way to start off an autumnal season of IP news than with the patent blog crowd-pleaser, description amendments. Last year, the Board of Appeal in T 56/21 promised us all a referral to the Enlarged Board of Appeal (EBA) on whether the description must be adapted in line with the allowed claims ( IPKat ).
JD Supra Law
OCTOBER 18, 2024
On October 8, 2024, Teva Pharmaceutical Industries Ltd. announced that the United States Food and Drug Administration (FDA) has accepted, and the European Medicines Agency (EMA) has validated, applications for TVB-009P, a biosimilar candidate to Amgen’s PROLIA® (denosumab) that treats osteoporosis.
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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 TTABlog
OCTOBER 18, 2024
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal about 95% of the time just by looking at the marks and the goods/services. In the past decade, about 90% of Section 2(d) refusals have been affirmed on appeal. So, if you say "affirmed" you will be right 90% of the time! Anyway, here are three recent Board decisions, at least one of which resulted in a reversal.
JD Supra Law
OCTOBER 18, 2024
Generative artificial intelligence (genAI) company OpenAI recently published its “approach to patents,” which includes what might appear to be a promise not to assert its own patents against other parties except in self-defense. It is less of a promise than it seems.
43(B)log
OCTOBER 18, 2024
Hawaii Foodservice Alliance, LLC v. Meadow Gold Dairies Hawaii, LLC, F.Supp.3d -, 2024 WL 2834159, No. 21-00460 LEK-WRP (D. Hawai’I Jun. 4, 2024) Interesting contributory liability issue in its interaction with laches. At the core, plaintiff alleged that defendant MGDH’s use of phrasing and imagery suggesting that Meadow Gold brand products are sourced in Hawai’i was misleading and deceptive because Meadow Gold products contain milk and other products, such as whipping cream, imported from the c
JD Supra Law
OCTOBER 18, 2024
Novo Nordisk May Proceed with Its Ozempic Suit Against DCA Pharmacy. A Tennessee federal court denied DCA Pharmacy’s motion to dismiss a lawsuit filed by Novo Nordisk Inc. alleging a violation of Tennessee state unfair and deceptive practices law.
Nelligan Law
OCTOBER 18, 2024
Reading Time: 2 minutes The Ontario government just announced massive changes to the provincial no-fault automobile insurance regime. The changes come into effect July 1, 2026 and will make all coverage optional except for medical rehabilitation and attendant care benefits. This means that consumers will need to opt-in and pay extra if they want to have coverage for lost wages, non-earner benefits, housekeeping expenses, caregiver expenses, educational expenses, visitor expenses, expenses for da
JD Supra Law
OCTOBER 18, 2024
What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this segment, Woods Rogers Patent & Intellectual Property Attorney Tim Bechen joins the conversation with Leah Stiegler and Emily Kendall Chowhan. They discuss name, image, and likeness (NIL) rights for employees. Watch the latest episode to learn about the legal requirements to use photos or videos of your employees.
IP Law 360
OCTOBER 18, 2024
A New York-based sports apparel company has dropped its $8 million federal lawsuit accusing Dick's Sporting Goods of infringing its registered logo featuring an infinity symbol.
JD Supra Law
OCTOBER 18, 2024
California recently passed two new AI laws that aim to protect individuals from the unauthorized creation of digital replicas. Scott Hervey and James Kachmar discuss these laws and their implications for the media industry on this episode of The Briefing.
IP Law 360
OCTOBER 18, 2024
An attorney for Frito-Lay Inc. on Friday urged a California federal judge to dismiss a former employee's suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, saying it's not inherently defamatory to disagree about the snack's origins.
JD Supra Law
OCTOBER 18, 2024
The digital content and streaming industry has transformed media consumption, offering instant access to a vast array of content. However, this rapid evolution has also led to numerous legal disputes. In this article, we explore key disputes in digital content and streaming, and potential solutions to address them.
IP Law 360
OCTOBER 18, 2024
A Texas federal judge on Thursday denied Lenovo Group Ltd.'s bid to toss patent infringement claims brought by a patent licensing company owned by Wi-LAN Inc., rejecting the Chinese computer giant's argument that it is a mere holding company lacking sufficient contacts with the Lone Star State.
JD Supra Law
OCTOBER 18, 2024
The utilization of artificial intelligence (“AI”) is becoming ubiquitous across a wide range of industry sectors. The biotech industry is no exception. AI-driven platforms have become increasingly useful to biotech innovators in many areas including in discovering and developing drugs. By: Rothwell, Figg, Ernst & Manbeck, P.C.
IP Law 360
OCTOBER 18, 2024
The Federal Circuit has said the full appellate court will not rethink a panel's decision reinstating Vascepa maker Amarin Pharma Inc.'s skinny label patent case against rival U.K. drugmaker Hikma.
JD Supra Law
OCTOBER 18, 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.
IP Law 360
OCTOBER 18, 2024
Microsoft, GitHub and OpenAI have told the Ninth Circuit to rebuff an interlocutory appeal petition from a group of anonymous software developers who want clarity on whether the Digital Millennium Copyright Act requires an infringing copy to be identical to the original to claim a DMCA violation, saying the injury the group alleges is theoretical.
JD Supra Law
OCTOBER 18, 2024
Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial Intelligence” (2024 AI SME Update). The 2024 AI SME Update is a lifeline for patent prosecutors prosecuting AI patent applications because it provides three sets of claim examples that illustrate the nuances between subject matter eligible claims and ineligible ones for patent
IP Law 360
OCTOBER 18, 2024
Bank of America had no luck Friday in an appeal seeking to revive a handful of challenges targeting patents owned by companies run by billionaire Patrick Soon-Shiong that are suing the bank in California federal court.
JD Supra Law
OCTOBER 18, 2024
The U.S. Patent and Trademark Office (USPTO) has officially announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will soon be laid to rest. In a notice dated October 1, 2024, the USPTO confirmed that the program will end on December 14, 2024. Despite being extended numerous times since its launch in 2013, AFCP 2.0 has now run into fiscal hurdles.
IP Law 360
OCTOBER 18, 2024
A California federal judge on Friday briefly paused his injunction requiring Google to open up its Play Store to competition while the tech giant seeks an emergency stay of the injunction at the Ninth Circuit, where it's appealing a jury verdict that it illegally monopolized the Android app distribution and payment market.
IP Watchdog
OCTOBER 18, 2024
This week in Other Barks & Bites: OpenAI explains its defensive patent strategy in a short blog post; GlaxoSmithKline sues Moderna for patent infringement related to the COVID-19 vaccine; and patent offices from the European Union, Japan, and the United States meet to discuss collaborative strategies for sustainable innovation.
IP Law 360
OCTOBER 18, 2024
A Texas company that saw its patent infringement suit revived against a tech company is asking the U.S. Supreme Court to reject its rival's petition to review that decision, saying there's "almost 100 years" of legal precedent backing its ownership of the radio frequency identification, or RFID, technology patent in the case.
43(B)log
OCTOBER 18, 2024
In re Soclean, Inc., Marketing, Sales Practices & Prods. Liab. Litig., No. 22-mc-152, MDL No. 3021, 2024 WL 4444819 (W.D. Pa. Oct. 8, 2024) Previous discussion of MDL. As previously noted, SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions.
IP Law 360
OCTOBER 18, 2024
American Airlines came out on top in a suit against airfare search engine Skiplagged Inc., with a jury finding that Skiplagged must cough up $9.4 million for infringing the airline's copyright.
43(B)log
OCTOBER 18, 2024
Trackman, Inc. v. GSP Golf AB, 2024 WL 4276497, No. 23 Civ. 598 (NRB) (S.D.N.Y. Sept. 24, 2024) Trackman makes the golf simulator game Perfect Golf, which offers users the ability to virtually play some of the most famous golf courses in the world. Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game.
IP Law 360
OCTOBER 18, 2024
Biotech startup Trilobio Inc. won a temporary restraining order against a former employee after a California federal judge concluded the company has a strong likelihood of success on its claims that the worker stole trade secrets to start his own business after being fired for poor performance.
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