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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.
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.
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.
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.
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?
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.
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.
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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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.
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
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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
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.
With the launch of BRE-B, the Bank of the Republic aims to modernize Colombia’s immediate low-value payment system through an interoperable payment network. This system will enable users to conduct real-time transactions, 24/7, in a secure and user-friendly manner, connecting various accounts and digital wallets. This initiative seeks to accelerate the transition towards a more efficient, open, and digital economy.
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.
The European Union has updated its product liability regulations to adapt to the digital age and circular economy. The new directive broadens the definition of “product” to include digital manufacturing files and software. Additionally, online platforms that sell defective products can be held liable in the same way as any other economic operator.
EDITING -- In this week's Off The Bench, NBA superstar Victor Wembanyama sues over illicit merchandise bearing his likeness, while antitrust litigation rocks NASCAR and mixed martial arts promotion Bellator.
Introduction In today’s fast-paced, globalized world, many people are familiar with the flourishing health and fitness industry, but few recognize the deep roots of these practices. Many contemporary exercises and training methods draw inspiration from the ancient practice of Yoga, whose origins can be traced back to various ancient texts. This transformative practice is not just a fitness regime; it embodies a wealth of knowledge that has shaped wellness for centuries.
The Federal Circuit has revived part of a lawsuit that alleged Metrotech Corp. infringed a competitor's patent covering ways for finding underground utility lines, finding that a lower court needs to take another look at key patent terminology.
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