Fri.Oct 18, 2024

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SunPower Corp. Gets OK For Chapter 11 Plan

IP Law 360

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.

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Aereo, FilmOn, and the “Shimmer” of maybe-unlawfully-clever digital entertainment delivery

Likelihood of Confusion

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

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Trending Sources

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Federal Circuit Rejects District Court’s Overly Narrow Claim Construction in LED Patent Infringement Case

IP Watchdog

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

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The “Nuts and Bolts” of Artificial Intelligence for Legal Professionals

JD Supra Law

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.

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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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Infosys Limited Vs. Southern Infosys Limited Case On Trademark Infringement

IP and Legal Filings

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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No shortcuts in service on foreign companies says UPC Court of Appeal

JD Supra Law

One of the known challenges in litigation against defendants domiciled outside the EU is effecting service. In some instances, this can take a very long time, due to the formal requirements and slowness of the respective national systems. Plaintiffs in the Unified Patent Court (UPC) face the same issues where effective service and thus the beginning of the deadlines for a defence may take around 18 months in some cases.

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Accord BioPharma’s Stelara® Biosimilar Imuldosa™ Approved by FDA

JD Supra Law

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.

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Laches as to direct liability also precludes contributory liability

43(B)log

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

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Teva’s Denosumab Biosimilar Candidate is Accepted for Review by FDA and EMA

JD Supra Law

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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Big Changes Coming to Ontario’s No-Fault Auto Insurance: What You Need to Know

Nelligan Law

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

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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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OpenAI’s patent licensing “promise” is not what it seems

JD Supra Law

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.

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Board of Appeal back-pedals on referral in view of "unequivocal" lack of legal basis for the description amendment requirement (T 56/21)

The IPKat

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 ).

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[Video] What's the Tea in L&E? Getting Sued for Using Photos of Employees

JD Supra Law

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.

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Dick's Sporting Goods Escapes NY Apparel Co.'s $8M TM Suit

IP Law 360

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.

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The Interplay: Key Decisions at the Intersection of Antitrust and Life Sciences - September 2024

JD Supra Law

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.

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Fritos Didn't Defame In Flamin' Hot Cheetos Feud, Judge Told

IP Law 360

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.

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[Audio] (Podcast) The Briefing: New California Laws for Digital Replicas Both Live and Dead

JD Supra Law

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.

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Lenovo Can't Use Subsidiary To Dodge IP Suit, Gilstrap Rules

IP Law 360

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.

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Legal Disputes in the Digital Content and Streaming Industry: Challenges and Solutions

JD Supra Law

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.

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Fed. Circ. Won't Question Reviving Vascepa Skinny Label Row

IP Law 360

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.

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Key Inventorship Considerations in AI-assisted Drug Development

JD Supra Law

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.

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Tech Cos. Ask 9th Circ. To Skip DMCA Probe In GitHub IP Suit

IP Law 360

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.

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Teva Pharms. Inc. v. Amneal Pharms. LLC (D.N.J. 2024)

JD Supra Law

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.

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Fed. Circ. Sinks BofA's Fight Over Image Recognition Patents

IP Law 360

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.

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Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance: A 3-Part Series

JD Supra Law

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

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Google Play Store Injunction Paused To Let 9th Circ. Weigh In

IP Law 360

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.

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USPTO Bids Farewell to AFCP 2.0: Goodbye Old Friend!

JD Supra Law

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.

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Justices Told To Skip RFID Patent Row Over Standing

IP Law 360

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.

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Other Barks & Bites for Friday, October 18: OpenAI Outlines Defensive Patent Strategy; Microsoft Files Opposition in Lawsuit Alleging Illegal Buyer’s Cartel for Patent Licenses; Moderna Under Fire for Spikevax Vaccine Tech

IP Watchdog

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.

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American Prevails In 'Hidden City' Suit Against Skiplagged

IP Law 360

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.

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associating two differently named products can't cause dilution, which requires similar marks

43(B)log

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.

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Biotech Co. Wins Injunction Against Ex-Worker In Secrets Suit

IP Law 360

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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Another API (c) case with false advertising and contract claims too

43(B)log

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.

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Teva Signs Deal With Indirect Buyers In Effexor Antitrust Suit

IP Law 360

A class of consumers and third-party payers have reached a deal with Teva Pharmaceuticals to resolve antitrust litigation over a purported scheme to delay generic competition for the antidepressant drug Effexor XR, according to a court filing.

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Pleading Stage Claim Construction

Patently-O

by Dennis Crouch UTTO Inc. v. Metrotech Corp. , No. 2023-1435 (Fed. Cir. Oct. 18, 2024). This new claim construction decision has two important focal points: Is it proper at the motion-to-dismiss stage? (Answer: Yes, but with major caveats) Is a plural also singular? (Answer: Sometimes, because in patent law, even basic grammar isn't safe from interpretation) The case involves technology for detecting and identifying underground utility lines, with the dispute centered on the interpretation of