JD Supra Law
MARCH 29, 2024
It was a busy two weeks in Web3 law, as Binance lost in an appeal that could have wide-ranging jurisdictional implications outside of just digital assets. Coinbase also went on the offensive against the SEC in appealing the SEC’s denial of rulemaking, and Coinbase was supported by many industry stakeholders as amicus a week later.
TorrentFreak
MARCH 29, 2024
For almost a quarter of a century a subset of internet activists have equated certain types of piracy mitigation measures to censorship and attacks on free speech. A sampling of opinions on this controversial topic would likely place sentiments like these at the edge of a spectrum, acting as a perfect counterbalance to equally extreme positions adopted by a subset of particularly aggressive rightsholders.
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IP Law 360
MARCH 29, 2024
A California federal judge on Friday threw out Intel's counterclaim arguing that it has a license to VLSI's microchip patents in a multibillion-dollar dispute, indicating that it can be raised in a separate case.
43(B)log
MARCH 29, 2024
Hasemann v. Gerber Prods. Co., 2024 WL 1282368, No. 15-CV-2995(EK)(JAM), 16-CV-1153(EK)(JAM), 17-CV-0093(EK)(JAM) (E.D.N.Y. Mar. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. GSG uses cow’s milk protein that has been partially broken down (“100% Whey-Protein Partially Hydrolyzed”).
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?
IP Law 360
MARCH 29, 2024
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
JD Supra Law
MARCH 29, 2024
On March 18, 2024, Fresenius Kabi (“Fresenius”) and Formycon announced a settlement agreement with Johnson & Johnson regarding FYB202, a proposed ustekinumab biosimilar to STELARA in Europe and Canada. The terms of the settlement are confidential.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
MARCH 29, 2024
Section 112 of the Patent Act contains multiple requirements that relate to the adequacy of an inventor’s disclosure within a patent application. The Supreme Court has offered some clarity to inventors seeking to patent broad genus claims with respect to the enablement requirement, but has yet to address § 112’s written description requirement.
IP Law 360
MARCH 29, 2024
An Illinois federal judge largely refused to let Scientific Games Corp. duck monopolization claims over its automatic card shufflers dominance, finding that with the exception of two out of six asserted patents, a would-be rival has adequately alleged the company tricked the U.S. Patent and Trademark Office into granting those patents.
JD Supra Law
MARCH 29, 2024
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
The IPKat
MARCH 29, 2024
On 29 February 2024, the UK Intellectual Property Office (UKIPO) released a report on “ Emerging public perceptions of intellectual property in UK media ” authored by fellow Kat Hayleigh Bosher. This report follows a report on “ The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK ”, commented by The IPKat here , and a pilot report focused on same matter from the perspective of female consumers, commented on The IPKat here.
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.
JD Supra Law
MARCH 29, 2024
On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the first update in over 13 years since the last amendment in 2010. The 2023 Regulations take effect on January 20, 2024. This article highlights some of the major changes introduced by the 2023 Regulations that patent practitioners should be aware of when managing their patent.
SpicyIP
MARCH 29, 2024
We’re pleased to announce that National Law University, Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VIII, Issue II). The last date for submissions is June 20, 2024. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.
JD Supra Law
MARCH 29, 2024
In an effort to provide its musical artists some protection from AI-generated deepfakes of their voices, the state of Tennessee recently enacted ELVIS seeking a cure. Specifically, Tennessee passed the Ensuring Likeness, Voice and Image Security (ELVIS) Act, which goes into effect July 1 of this year.
IP Law 360
MARCH 29, 2024
Allergan told the Federal Circuit to reject Sandoz's fight over a $39 million verdict against it for infringing an Allergan eyelash growth drug patent, saying Sandoz's reliance on a 2014 decision involving the same drug misses the decision's central point.
JD Supra Law
MARCH 29, 2024
Last week, the Federal Circuit handed down a pair of non-precedential decisions affirming the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings. This post concerns the decision in Cardiovalve Ltd. v. Edwards Lifesciences Corp., which has as its most significant aspect an unnecessary untethering of obviousness with evidence regarding the skill and inventiveness of the person of ordinary skill in the art under KSR International Co. v.
IP Watchdog
MARCH 29, 2024
This week in Other Barks & Bites: a Delaware district court throws out a $500 million patent infringement case against Sony; the U.S. Court of Appeals for the Federal Circuit (CAFC) issues a pair of precedential rulings; and Boeing launches a lawsuit against Virgin Galactic.
JD Supra Law
MARCH 29, 2024
Tennessee has passed a law, considered one of a kind, geared at deterring unauthorized use of an individual’s voice via artificial intelligence (AI). Tennessee’s new AI law is inspired by the state’s close connection with many recording artists who live, record or perform there.
43(B)log
MARCH 29, 2024
Schotte v. Stop & Shop Supermarket Co., 2024 WL 1251284, No. 1:23-cv-10897-IT (D. Mass Mar. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. Gen. Laws ch. 93A; Schotte also brought warranty, unjust enrichment, and fraud claims. The court declined to dismiss the complaint. The Stop & Shop Wipes, which vary in fragrance and style, are all marketed and sold with bold, prominent font labeling them as “flushable” on the fr
JD Supra Law
MARCH 29, 2024
After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test designed to balance the public’s interest in avoiding consumer confusion with a speaker’s First Amendment rights.
43(B)log
MARCH 29, 2024
Moore v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, F.Supp.3d -, 2024 WL 348821, No: 4:20-cv-09077-JSW (N.D. Cal. Jan. 30, 2024) The court grants partial class certification and allows/excludes some expert testimony in this case alleging that ChapStick products were misleadingly labeled “100% Natural,” “Natural,” “Naturally Sourced Ingredients,” and “100% Naturally Sourced Ingredients” when they actually contain non-natural, synthetic, artificial, and/or highly processed ingredients.
JD Supra Law
MARCH 29, 2024
In a Federal Register notice dated March 29, 2024, the U.S. Patent and Trademark Office is updating the required method for serving it with a notice of appeal to the U.S. Court of Appeals for the Federal Circuit, a notice of election to proceed by civil action in district court, or a request for extension of time to file a notice of appeal or commence a civil action.
The IPKat
MARCH 29, 2024
The European patent at issue in T 1437/21 ( EP 2981271 ) related to the second medical use of a known drug (empagliflozin) in a subpopulation of patients. The prior art cited against the patent was the patentee's own press releases reporting the success of a phase III clinical trial of the drug in the broader patient population. The patent was found novel and inventive on the grounds that the efficacy of the drug in the claimed subpopulation could not be derived, or be reasonably expected, in vi
SpicyIP
MARCH 29, 2024
In a significant order, the Delhi High Court in Mitsui Chemicals v. Controller of Patents made some notable observations on amendment of claims in a PCT application and Section 3(h) of the Patent Act. Discussing this order, we are pleased to bring to you this guest post by Shivam Kaushik. Shivam is an advocate practicing in New Delhi. His previous posts can be accessed here.
IP Law 360
MARCH 29, 2024
A British photographer told a Washington federal judge Friday that Napster's promotion of a reggae record infringed his copyright for the photo used on the album cover, arguing that even though he licensed the album art to a record company, the music streamer did not have rights to the photo itself.
IP Watchdog
MARCH 29, 2024
On March 27, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision in Rady v. The Boston Consulting Group affirming a lower court’s invalidation of patent claims covering improvements to physical asset provenance via blockchain. The ruling, though marked non-precedential, arguably expands the application of the abstract idea exception to patentability under 35 U.S.C. § 101 for blockchain technologies even when those patents are claiming the use of specialized, non-generic co
IP Law 360
MARCH 29, 2024
A Ninth Circuit panel expressed doubt Friday that a treasure hunter could get an insurer to pay him a $7.5 million settlement over a soured shipwreck salvaging expedition, suggesting his ex-partners' refusal to hand over vital maps was an intentional act to keep him from striking gold — not an accident covered by insurance.
IP and Legal Filings
MARCH 29, 2024
Introduction Real estate is something in which everybody loves to invest their hard-earned money as a saving or for their living. A property is something which a person thinks of owning in his lifetime for his earnings but what if the builder takes the money and don’t give the possession on time, what if the builder does some malpractice by giving something else than what is promised and confuses the buyer by using some technical terms and justifies his act.
IP Law 360
MARCH 29, 2024
The Federal Circuit on Friday declined to revive a collection of patents on generating playlists that were issued to an early, erstwhile executive at Amazon and were asserted in a failed lawsuit against music streaming website Pandora.
JD Supra Law
MARCH 29, 2024
The advent of the COVID-19 rapid antigen test launched at-home diagnostics to the forefront of conversation in the life sciences industry. Many believe this is only the beginning. As the share of telehealth services increases, drawing interest away from traditional healthcare services models, startups and established companies alike are positioning themselves to take advantage of the growing market for technologies and products that enable non-lab-based diagnostics capable of being purchased.
IP Law 360
MARCH 29, 2024
A trio of Federal Circuit judges appeared fed up Friday with a Morrison Foerster LLP attorney who they repeatedly suggested was focusing on arguments not raised to the district court judge who had blocked her client from selling certain cancer tests while facing infringement litigation.
JD Supra Law
MARCH 29, 2024
The law of patent eligibility was pretty quiet for decades until the Supreme Court breathed new life into Section 101 invalidity challenges in a series of decisions starting in 2010 with Bilski v. Kappos. In its current state, the law has repeatedly been described as a “mess.” Courts have used more delicate language: "the law of patent eligibility has perhaps become unpredictable and unclear on the fringes.
IP Law 360
MARCH 29, 2024
A D.C. federal judge Friday denied drugmaker United Therapeutics Corp.'s attempt to preemptively block the U.S. Food and Drug Administration from approving a new competitor to its blockbuster pulmonary hypertension medication Tyvaso, saying the company was effectively seeking to challenge an agency action before the FDA made one.
JD Supra Law
MARCH 29, 2024
It goes without saying that claim construction is an important issue, but the PTAB’s recent decision in Netflix, Inc. v. DIVX, LLC, IPR2020-00558, Paper 66 (PTAB Feb. 22, 2024), shows not only that reasonable minds can differ about the proper construction of patent claims, but also that different interpretations can result in conflicting patentability determinations.
IP Law 360
MARCH 29, 2024
U.S. Patent and Trademark Office Director Kathi Vidal has set new boundaries on interpreting the Patent Trial and Appeal Board's discretionary denial precedent for follow-on petitions, making clear that defendants can work together in multidistrict litigation without giving up the right to file separate patent challenges.
CoCal IP Law Institute
MARCH 29, 2024
Plastics, Video Games, and Brews Please join us Monday, April 01, 2024 at noon where we will discuss two recent Federal Circuit cases Inline Plastics Corp. v. Lacerta Group, LLC, No. 22-1954 (Fed. Cir. 2024) involving patent infringement of Inline Plastics' tamper resistant container patents, and Savvy Dog Systems, LLC v. Pennsylvania Coin, LLC, No. [.
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