U.S. Department of Commerce
MARCH 21, 2024
Women in STEM: Representation Matters March 21, 2024 KCPullen@doc.gov Thu, 03/21/2024 - 15:36 ICT Supply Chain Manufacturing Laurie Locascio, the Under Secretary of Commerce for Standards and Technology and director of the National Institute of Standards and Technology (NIST) (Photo taken in 2001). Post by Laurie E. Locascio Growing up as a scientist, I did not see role models who looked like me.
TorrentFreak
MARCH 21, 2024
Most anti-piracy tools and mechanisms, whether dedicated online platforms or legislation crafted to achieve a particular goal, have issues that affect their performance. No matter how tough, legislation could be of date when finally implemented, or reveal itself to be unwieldy in practice, too costly, or simply ineffective. Technical solutions may face compliance and regulatory issues, while pirate adversaries remain light on their feet by ignoring them all.
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43(B)log
MARCH 21, 2024
In re Amazon Prime Video Litig., 2024 WL 1138906, No. 2:22-cv-00401-RSM (W.D. Wash. Mar. 15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” Plaintiffs brought claims under California, New York, and Washington consumer protection law, and common law claims for unjust enrichment.
IP Law 360
MARCH 21, 2024
The Council for Innovation Promotion issued a report Thursday ranking members of Congress on their support for strong intellectual property rights, praising a few "IP champions," criticizing some detractors, but concluding that "the vast majority of legislators fail entirely to engage meaningfully on IP.
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 and Legal Filings
MARCH 21, 2024
INTRODUCTION As per Gordon and Hines (2002), it is evident that tax policies can influence both the quantity and the geographical choices of foreign direct investment (FDI) because elevated tax rates diminish post-tax returns, consequently diminishing motivations to allocate investment capital. The influence of variations in taxes on the choices regarding the location of foreign direct investment (FDI) may not be as significant as structural factors such as proximity to end markets, the competit
JD Supra Law
MARCH 21, 2024
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision after concluding that the patent owner’s proposed construction would require the parties to construe the construction. CoolIT Systems, Inc. v. Katherine Vidal, Director of the United States Patent & Trademark Office, Case No. 22-1221 (Fed.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
MARCH 21, 2024
A February U.S. Trademark Trial and Appeal Board decision that wine is inherently related to bars and cocktail lounges for trademark protection purposes appears to broaden the scope of exclusivity, highlighting that the more similar the marks, the less related the products must be for the TTAB to refuse registration, says William Borchard at Cowan Liebowitz.
Cogency Global
MARCH 21, 2024
What this is : When a corporation or limited liability company is involved in a transaction, the opinion letter usually makes a representation as to the “existence” or “good standing” of the company, which is why due diligence checklists usually require a Good Standing Certificate from the company’s home state and any state where it is registered to do business.
TorrentFreak
MARCH 21, 2024
In a little over a week’s time, Italy’s Piracy Shield system will have been fully operational for two whole months. Claims that IPTV piracy would be eliminated almost overnight helped to convince lawmakers that without Piracy Shield and the legislation that underpins it, Italian football could die. In reality, the system was never capable of eliminating piracy and football in Italy was never on life support; the big question now is whether it’s performing close to predictions,
IP Watchdog
MARCH 21, 2024
The Trademark Trial and Appeal Board (TTAB) on Wednesday, March 20, denied APPLE JAZZ mark owner Charles Bertini’s petition to cancel Apple, Inc.’s mark APPLE for entertainment services. While the Board found that Bertini had “proven and maintained his entitlement to a statutory cause of action,” it ultimately held that he had failed to make a prima facie showing of Apple’s abandonment of the APPLE mark for those services.
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.
The Illusion of More
MARCH 21, 2024
If it can be difficult to keep up with artists’ rights in the news, that goes double for music. Fortunately, there are some incredible artists who devote as much energy and passion to rights advocacy as they to do making music—and among those individuals is Blake Morgan. Singer/songwriter, recording artist, indie label owner, and producer, […] The post Podcast – Artists’ Rights with Musician Blake Morgan appeared first on The Illusion of More.
JD Supra Law
MARCH 21, 2024
A host of questions are arising about the intellectual property rights attached to energy transition projects because of enormous investments in the space and the cutting-edge technologies that follow. Energy transition projects attracted roughly $1.7 trillion in investments worldwide in 2023, according to recent International Energy Agency estimates.
43(B)log
MARCH 21, 2024
The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives.
JD Supra Law
MARCH 21, 2024
Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de février 2024. Ces Actualités législatives et réglementaires vous sont communiquées à titre d'information. Elles n'ont pas vocation à être exhaustives ou à constituer un avis juridique.
IP Law 360
MARCH 21, 2024
The Federal Circuit has affirmed a Patent Trial and Appeal Board finding that various parts of medical technology maker Cardiovalve's patent on an artificial heart valve implant were invalid as obvious.
JD Supra Law
MARCH 21, 2024
Digital health companies and other software-dependent innovators may find it harder to obtain patent protection in the wake of new patent examiner guidance issued by the U.S. Patent and Trademark Office (USPTO). The guidance, issued February 27th, appears as if the agency wishes to make it easier for examiners to reject claims on obviousness while making it harder to overcome those objections.
43(B)log
MARCH 21, 2024
Peacock v. Pabst Brewing Co., LLC, 2024 WL 1160687, No. 2:18-cv-00568 DJC CKD (E.D. Cal. Mar. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Peacock alleged that Pabst violated consumer protection law by marketing “The Original Olympia Beer” as using naturally filtered, artisan water from Tumwater, Washington (a suburb of Olympia, Washington) “despite the product being brewed elsewhere in the country using lower quality water and brewing methods.
JD Supra Law
MARCH 21, 2024
In a rehearing decision issued by a Delegated Rehearing Panel specially convened by the US Patent & Trademark Office (PTO) Director, the Patent Trial & Appeal Board vacated a prior panel decision denying institution, modified the claim construction to account for a “clear and unmistakable” prosecution history disclaimer, and remanded for further proceedings consistent with the modified claim construction.
Patently-O
MARCH 21, 2024
by Dennis Crouch In re Apple Inc. , No. 24-111 (Fed. Cir. 2024) Federal Circuit has denied Apple’s petition for a writ of mandamus seeking to transfer a patent infringement case from the Western District of Texas to the Northern District of California. The case, Carbyne Biometrics, LLC v. Apple Inc., involves six patents related to authentication and fraud reduction technologies used in Apple devices.
JD Supra Law
MARCH 21, 2024
On February 21, 2024, Judge Rakoff (S.D.N.Y) granted a defendant’s motion for attorney’s fees and costs in Carnegie Institute of Technology v. Fenix Diamonds. The Carnegie Institution for Science and its patent licensee, the now-bankrupt M7D Corp., accused Fenix Diamonds of infringing on two patents (the ‘078 Patent and the ‘189 Patent) directed to producing laboratory-formed diamonds.
IP Watchdog
MARCH 21, 2024
It was a below-average week in both the Patent Trial and Appeal Board (PTAB) and in district courts this week for new patent filings, with only 27—all inter partes review (IPR)—at the PTAB and 47 new filings in district court. The PTAB issued institution decisions in 16 proceedings this week, denying institution in two IPRs (both on the merits) and ordering institution in 12 IPRs and two post-grant reviews (PGR).
JD Supra Law
MARCH 21, 2024
The US Court of Appeals for the Fifth Circuit concluded that a district court had personal jurisdiction over a foreign defendant’s website that purposefully targeted a US-based audience. DISH Network, LLC v. Bassam Elahmad, Case No. 23-20180 (5th Cir. Mar. 8, 2024) (Willett, Wilson, Ramirez, JJ.) (per curiam).
The IPKat
MARCH 21, 2024
In its first ever substantive decision, the UPC Court of Appeal (CoA) in Luxembourg has reversed the preliminary injunction ordered against NanoString by the Munich Local Division in 10x Genomics v NanoString ( IPKat ). The first instance decision was hailed as a clear sign that the UPC is seeking to establish itself as patentee-friendly. The reversal of the first instance decision by the UPC CoA in UPC_CoA_335/2023 puts pay to some of these initial hopes/criticisms.
SpicyIP
MARCH 21, 2024
In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., which was written in the context of the October ’23 draft amendments. Prashant raises questions as to the influence of business lobbying groups, and concerns regarding the then proposed changes to the Rules. Please note: in the finally published Rules (last week), the proposed change to pre-grant oppositions has been modified in the finally published version.
Stock Legal Blog
MARCH 21, 2024
It was recruiting season, in the year 2000. I was in law school and gunning for that perfect big firm summer associate position. What no one told me is that the interviewing process would involve lunch. At a fancy restaurant. With fancy food. And more silverware than I’d ever seen having grown up in a small Illinois town where a big night out was Red Lobster.
IP Law 360
MARCH 21, 2024
Ford Motor Co. on Wednesday urged a Michigan federal court to deny a tech company's request to boost an unfair competition award against Ford from less than half a million to $15 million because the tech company didn't challenge Ford's sales and profit data at trial.
Olartemoure Blog
MARCH 21, 2024
We all know Pantone’s wide variety of colors and how they are all meticulously cataloged in their Pantone Matching System (PMS), where each shade has a name, reference code, and printing formula. The full collecion is heavily protected with copyrights. Although the natural color cannot be owned. Pantone legally owns the names of the colors and sell them for a fee.
IP Law 360
MARCH 21, 2024
A Minnesota lawyer and a company he is affiliated with are taking their dispute with patent outfit VLSI Technology to Virginia federal court in an effort to fend off accusations that he is behind an "extortion" effort disguised as a petition to the Patent Trial and Appeal Board.
IP Watchdog
MARCH 21, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday, March 21, affirmed a district court’s grant of summary judgment that claims of a patent for an electronic gaming system were ineligible under Section 101. U.S. Patent No. 7,736,223 is owned by Savvy Dog Systems and POM of Pennsylvania (Savvy Dog) and is directed to a “more skill-based and less chance-based” version of a popular electronic game called “Tic Tac Fruit.
IP Law 360
MARCH 21, 2024
Senate Majority Leader Chuck Schumer on Thursday urged the chief judge of the Northern District of Texas to quickly implement the Judicial Conference of the United States' updated policy that looks to prevent litigants from judge shopping, arguing that the district's current practices are "dangerous.
JD Supra Law
MARCH 21, 2024
At the International Trade Commission (ITC), every decision made by an Administrative Law Judge (ALJ) is subject to review by a panel of up to six Commissioners. In general, the Commission speaks as a unified voice through its Commission Opinion, generally affirming, reversing, or vacating the ALJ below. At times, however, Commissioner opinions differ, causing individual Commissioners to issue “separate views” in the form of a dissent or concurrence.
IP Law 360
MARCH 21, 2024
DirecTV says it refused to ink retransmission deals with two companies that were illegally collaborating with Nexstar Media Group Inc. to fix prices, resulting in massive channel blackouts and customer loss, but according to a New York federal judge, that refusal is why its antitrust claims fall flat.
IP Close Up
MARCH 21, 2024
Knowing about which IP rights are being used, when and by whom is a key step in establishing their value. So say two leading experts in music, technology and digital rights management in the latest 'Understanding IP Matters' which dropped recently.
IP Law 360
MARCH 21, 2024
Tennessee Gov. Bill Lee signed into law Thursday a first-of-its-kind legislation intended to tackle misuse of artificial intelligence by modifying a state law banning unauthorized copies of artists' works to cover musicians, their voices and their songs.
The TTABlog
MARCH 21, 2024
In a dubiously precedential ruling, the Board upheld a Section 2(e)(1) refusal to register the proposed mark ZPILE , finding it to be merely descriptive of "Metal sheet piles, metal sheet pile sections, and metal sheet pile connectors for joining metal sheet piles." The Board declined to reach the Office's failure-to-function refusal, but in obvious dictum, discussed the issue anyway.
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