Hugh Stephens Blog
OCTOBER 17, 2024
Image: Shutterstock (AI modified) Singapore already has one of the most permissive text and data mining (TDM) exceptions in copyright law found anywhere, allowing AI developers to ingest copyrighted content for AI training purposes subject only to a very few limitations, all of which are pretty minimal.
IP Watchdog
OCTOBER 17, 2024
Northwestern University sued vaccine maker Moderna, Inc. on Wednesday, October 16, in the U.S. District Court for the District of Delaware, alleging infringement of three patents the school says cover technology key to the delivery method for Moderna’s groundbreaking messenger-RNA (mRNA) COVID-19 vaccine. The complaint alleges that Northwestern inventors at the school’s International Institute for Nanotechnology (IIN) pioneered the technology for a “vehicle for delivering genetic code into a cel
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Plagiarism Today
OCTOBER 17, 2024
A battle over the practice of skiplagging has created a bizarre copyright verdict that could impact the use of logos online. The post Skiplagged, American Airlines and a Bizarre Copyright Verdict appeared first on Plagiarism Today.
SpicyIP
OCTOBER 17, 2024
Logo of Himachal Pradesh High Court. Image from here [ This post is authored by Md. Sabeeh Ahmad. His previous posts can be accessed here. ] The Himachal Pradesh High Court seems to be the latest addition to the list of Courts with a separate IPR Division, as it has notified its Intellectual Property Rights Division Rules, 2022. Turns out that the Rules have been out for a while now and were notified on July 8, 2024.
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?
Plagiarism Today
OCTOBER 17, 2024
Tenth Circuit revives baby doll case, German Supreme Court rules against photographer and Discord fights DMCA subpoena. The post 3 Count: Baby Blues appeared first on Plagiarism Today.
JD Supra Law
OCTOBER 17, 2024
The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual property community, there have been ongoing discussions, incremental resolutions, and evolving opinions. In this article, we will outline and summarize the current intellectual property legal landscape in the United States related to GenAI.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
OCTOBER 17, 2024
Numerous companies and industry groups have said they welcome the U.S. Patent and Trademark Office's new guidance on when inventions involving artificial intelligence are eligible for patents, but many urged the agency to provide additional clarity and practical examples.
Cogency Global
OCTOBER 17, 2024
What this is : If you’ve ever prepared and filed a large number of documents on behalf of your company with the Secretary of State, chances are you’ve wished that there was a way to avoid all the various required signatures. Fortunately, there may be a tool that can help streamline the process: The limited Power of Attorney (POA). What this means : Using a limited POA can streamline your document filing process , saving you time and hassle.
The TTABlog
OCTOBER 17, 2024
When Chinese Applicant Terasako Technology's attorney withdrew from this opposition, Terasako was given time to appoint new U.S. counsel to satisfy Rule 2.11. When Terasako did not respond, the Board issued a show cause order in November 2023, asking "why the notice of opposition should not be sustained based on Applicant’s failure to appoint U.S. counsel.
JD Supra Law
OCTOBER 17, 2024
On October 3, 2024, Teva Pharmaceuticals and mAbxience, a Fresenius Kabi majority-owned group, announced a new global licensing agreement for the development of an anti PD-1 oncology biosimilar candidate, further strengthening the pair’s alliance announced earlier in April of this year. .
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.
Copyright Alliance
OCTOBER 17, 2024
In celebration of National Book Month 2024, Copyright Alliance member, the Independent Book Publishers Association, offers its perspectives of why strong copyright protections are important to their ability to create […] The post National Book Month 2024: IBPA’s View of Copyright Law appeared first on Copyright Alliance.
JD Supra Law
OCTOBER 17, 2024
The year is 1983. There is no internet. There are no cellphones. The buildings in the garment center are filled with fashion companies owned by the people who built them, and not by brand-owner companies that only license them out.
Patently-O
OCTOBER 17, 2024
by Dennis Crouch Starting with my 2017 article chastising the Federal Circuit for its R.36 practice, dozens of parties have challenged the Federal Circuit's ongoing habit of regularly issuing a large number of no-opinion judgments. So far, the Federal Circuit has refused to address any of the legal process complaints - favoring silent efficiency over transparency.
JD Supra Law
OCTOBER 17, 2024
The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way. Crocs, Inc. v. Effervescent, Inc., Case No. 2022-2160 (Fed.
43(B)log
OCTOBER 17, 2024
Li v. Amazon.com Servs., 2024 WL 4336432, No. 2:23-cv-01975-JHC (W.D. Wash. Sept. 27, 2024) Plaintiffs alleged that Amazon promoted, sold, and delivered dietary supplements that lacked mandatory FDA disclaimers in violation of California law. Plaintiffs allegedly saw the representations on the “product labels and otherwise” on Amazon’s site and believed “that the [p]roducts harbored therapeutic value, and/or they and the marketing claims were reviewed and approved by the FDA.
JD Supra Law
OCTOBER 17, 2024
On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product. (Crocs, Inc. v. Effervescent, Inc. et al., Case No. 2022-2160).
IP Law 360
OCTOBER 17, 2024
Microsoft slammed a lawsuit brought by a startup accusing it, Nvidia and a third company of engaging in patent infringement and an illegal buyers' cartel suppressing the price of graphic processing units used in powering artificial intelligence, urging a Texas federal judge Wednesday to deny an injunction bid due to lack of evidence.
JD Supra Law
OCTOBER 17, 2024
If the secrecy of certain confidential information is compromised, it may lose its status as a trade secret. Courts will not recognize information as a trade secret if it has become generally available, is commonly used within an industry, or has become outdated.
IP Law 360
OCTOBER 17, 2024
The companies behind e-commerce platform Temu have fired back at fast fashion company Shein's intellectual property infringement claims against them, accusing Shein of filing a meritless suit to interfere with Temu's business and stifle its competition "by any means possible.
JD Supra Law
OCTOBER 17, 2024
On October 11, 2024, Judge Orelia E. Merchant issued a decision construing the claims of three asserted patents in a litigation filed by Plaintiff Artec Europe S.A.R.L. (“Artec”) against Defendants Shenzhen Creality 3D Tech. Co., Ltd. and Shenzhen Jimuyida Technology Co., Ltd. (collectively, “Creality”). Among other disputes, Judge Merchant considered whether several claim terms were drafted in “means-plus-function” form.
IP Law 360
OCTOBER 17, 2024
VLSI Technology LLC has fully complied with its disclosure requirements for ownership and litigation funding, and Intel Corp.'s claims otherwise in patent licensing litigation don't hold up, VLSI told a Delaware federal judge.
JD Supra Law
OCTOBER 17, 2024
On October 7, 2024, the 2024 Nobel Prize in Physiology or Medicine was jointly awarded to two American scientists, Victor Ambros (of UMass Medical School) and Gary Ruvkun (of Harvard Medical School), for their discovery of microRNA, a new class of small noncoding RNA molecules, and the role microRNAs play in turning genes on and off, known as gene regulation.
IP Law 360
OCTOBER 17, 2024
A Texas federal judge told the owner of a company accused of pilfering around $12 million worth of Philips North America LLC's trade secrets that things might have gone better if he had "been more honest," pointing out that he had given contradictory testimony during a hearing Thursday.
JD Supra Law
OCTOBER 17, 2024
AlexSam, Inc. v. Aetna, Inc., No. 2022-2036 (Fed. Cir. (D. Conn.) Oct. 8, 2024). Opinion by Stark, joined by Lourie and Bryson. AlexSam filed a complaint accusing Aetna of patent infringement based on Aetna’s “Mastercard Products” and “VISA Products.”.
IP Law 360
OCTOBER 17, 2024
A Texas federal jury Thursday determined that Chinese phone company OnePlus owes Pantech Corp. almost $1 million in damages for infringing four patents related to technology used to comply with 5G wireless standards, after the initial $10 million verdict was tossed as "excessive.
JD Supra Law
OCTOBER 17, 2024
Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid trade dress and reversed the district court’s decision that declined to apply the absolute litigation privilege as a complete defense to all of the alleged infringer’s counterclaims.
IP Law 360
OCTOBER 17, 2024
Northwestern University has launched a patent infringement lawsuit in Delaware federal court accusing Moderna of wrongly taking research that the school did when the company was making its COVID-19 vaccine.
JD Supra Law
OCTOBER 17, 2024
Addressing the issue of trademark infringement based on the purchase of search advertising keywords, the US Court of Appeals for the Second Circuit joined the consensus view and upheld a district court decision finding that the mere purchase of a search advertising keyword containing another’s trademark does not by itself constitute trademark infringement. 1-800 Contacts, Inc. v.
IP Law 360
OCTOBER 17, 2024
A cybersecurity startup that saw its multibillion-dollar patent win against Cisco erased is pinning the failure, in part, on a new judge's "eleventh-hour, sua sponte claim construction" and is asking the Federal Circuit to overturn it.
JD Supra Law
OCTOBER 17, 2024
On September 30, 2024, the USPTO issued a final rule governing the process for Director Review of proceedings under the AIA. This formalized the USPTO’s interim Director Review procedures implemented by the USPTO following the Supreme Court’s decision in United States v. Arthrex, 141 S. Ct. 1970, 1986 (2021). The USPTO expects the final rule will promote “accuracy, consistency, and integrity of PTAB decision-making in AIA proceedings.”.
IP Law 360
OCTOBER 17, 2024
Edwards Lifesciences is asking the U.S. Supreme Court to rein in what's covered under a drug-development safe harbor to avoid patent infringement, saying the Federal Circuit wrongfully expanded it in a "novel misreading" of the law.
43(B)log
OCTOBER 17, 2024
From Franklin Mint Corp. v. Nat’l Wildlife Art Exch., 575 F.2d 62 (3d Cir.
IP Law 360
OCTOBER 17, 2024
A North Carolina hospital and healthcare provider can't pursue a trademark fraud counterclaim in a weight loss clinic's infringement dispute but can assert the claim as an affirmative defense, a federal judge ruled.
43(B)log
OCTOBER 17, 2024
Calchi v. Topco Assoc., LLC, 2024 WL 4346420, No. 22-cv-747 (N.D. Ill. Sept. 30, 2024) Is there any circuit style more distinctive than the Seventh Circuit style? (Cf.) This is one of a number of lawsuits against purportedly non-drowsy cold meds that are allegedly in fact drowsiness-promoting because of an active ingredient called Dextromethorphan Hydrobromide, which studies allegedly confirm causes drowsiness.
IP Law 360
OCTOBER 17, 2024
The federal government says the U.S. Supreme Court should not hear a small Alabama company's appeal of a lower court's invalidation of claims in its patent on processing undeliverable mail, arguing that the claims were not patent eligible.
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