Plagiarism Today
MAY 15, 2024
Stack Overflow has drawn the ire of its members by reaching a deal with OpenAI. Is your favorite community next or has it done so already? The post Is Your Community Selling You Out to AI? appeared first on Plagiarism Today.
JD Supra Law
MAY 15, 2024
Everyone is talking about the new rule approved by the Federal Trade Commission on April 23 (published on May 7 and set to take effect – pending legal challenges – on September 4, 2024 ). It is referred to as the Non-Compete Clause Rule. The Non-Compete Clause Rule follows on the heels of several states effectively “outlawing” non-competition agreements.
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Plagiarism Today
MAY 15, 2024
10th Circuit to rehear Tiger King case, Appeals Court upholds This is America case dismissal and Shopify sues competitor. The post 3 Count: Shopify vs. Seed appeared first on Plagiarism Today.
Patently-O
MAY 15, 2024
by Dennis Crouch I see the US Supreme Court’s 1912 decision in Henry v. A.B. Dick Co. as a major turning point in American patent and antitrust law. 224 U.S. 1 (1912). The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. But, that decision sparked a major reform effort.
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?
The TTABlog
MAY 15, 2024
In another of those battles between a rock band and one of its members, the Board again sided with the band, granting a petition for cancellation of a registration for THE PLIMSOULS for "entertainment in the nature of live performances by a musical band." The Board ruled that the band was entitled to challenge the registration, had not abandoned the mark, and had proved its claim of ownership of the mark and likelihood of confusion based on its prior use of the same mark for the same services.
TorrentFreak
MAY 15, 2024
As reported yesterday, the Australian government has just released the 2023 edition of its Consumer Survey on Online Copyright Infringement. The survey found that 41% of respondents consumed at least one item of pirated content (TV, movies, music, games, or live sports) from an illegal source in 2023, up from the 39% reported in the previous year. When compared to how many citizens resorted to pirate sources in 2015, the figures for 2023 show improvement almost right across the board.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
MAY 15, 2024
In recent years, music and movie companies have filed several lawsuits against U.S. Internet providers, for failing to take action against pirating subscribers. One of the main allegations is that ISPs fail to terminate the accounts of repeat infringers in ‘appropriate circumstances’, as the DMCA requires. These lawsuits have resulted in multi-million dollar judgments against Cox and Grande.
IP Law 360
MAY 15, 2024
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
IP and Legal Filings
MAY 15, 2024
Introduction Intellectual Property Rights are intangible rights All rights related to the property are exclusively reserved with the copyright holder. It serves the purpose of having Intellectual Property Rights in existence that is to give legal rights for the protection of the invention and creation. However, under some exceptions, a person other than the owner could be given a few rights for the utilization of the property.
JD Supra Law
MAY 15, 2024
Last September, the Federal Trade Commission (FTC) promulgated a “policy statement” entitled “Statement Concerning Brand Drug Manufacturers’ Improper Listing of Patents in the Orange Book,” regarding the FTC’s allegations that some patents in the FDA’s Orange Book were improperly listed because they were neither new drugs nor methods of using them, but rather were directed to medical devices.
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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
MAY 15, 2024
TikTok may be the perfect crucible in which to exploit the frailties of negative body image and then breed scammers who con millions from people looking to obtain drugs for weight-loss. According to a report released today by Digital Citizens Alliance (DCA), a joint investigation with the Coalition for a Safer Web found at least […] The post TikTok Exploits a “Target-Rich Environment” for Drug Scams According to DCA Report appeared first on The Illusion of More.
JD Supra Law
MAY 15, 2024
The Federal Circuit’s decision in SnapRays, d/b/a SnapPower v. Lighting Defense Group (May 2, 2024) addresses personal jurisdiction in federal district court actions that arise out of Amazon’s Patent Evaluation Express (APEX) program. Background Under Amazon’s APEX program, a patent owner may identify products listed for sale on Amazon’s website that likely infringe a U.S. utility patent, and the allegedly infringing products may ultimately be removed from the site.
IP Watchdog
MAY 15, 2024
Last week, IPWatchdog’s CEO and Founder Gene Quinn exposed a “Patent Examiner Reddit” thread in which a purported examiner asked peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically. Now, Senator Thom Tillis (R-NC) and Representatives Kevin Kiley (R-CA) and Darrell Issa (R-CA) have sent a letter to U.S.
JD Supra Law
MAY 15, 2024
On May 9, 2024, a California district court dismissed, with leave to amend, the complaint brought by social media platform X Corp. (formerly Twitter) against data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s alleged scraping of publicly available data from X for use in data products sold to third parties. (X Corp. v. Bright Data Ltd., No. 23-03698 (N.D.
IP Watchdog
MAY 15, 2024
On May 13, trademark law firm Chestek PLLC filed a petition for writ of certiorari asking the U.S. Supreme Court to take up a challenge to the U.S. Patent and Trademark Office’s (USPTO) promulgation of rules requiring trademark applicants to disclose their domicile address to the agency. According to Chestek’s petition, the Federal Circuit’s lower ruling improperly reads the agency’s notice-and-comment requirement for all general rulemaking out of the relevant statute, here resulting in the unwa
JD Supra Law
MAY 15, 2024
Imagine a world where your deepest, unarticulated desires—those you are not even consciously aware of—are brought to life. Now, consider if simply articulating those desires in natural language is all it takes to make it happen.
IP Law 360
MAY 15, 2024
The Federal Circuit has affirmed a New York federal judge's decision that handed Xerox Corp. a win in a suit claiming the company infringed a series of printer technology patents owned by a youth sports company.
JD Supra Law
MAY 15, 2024
The existing Section 301 duties will continue, with tariff increases on $18 billion of Chinese imports in strategic sectors (to be implemented by forthcoming regulations following a notice and comment process) - On May 14, 2024, the Office of the U.S. Trade Representative (“USTR”) announced the conclusion of its statutorily-required four-year review of the tariffs imposed on imports of Chinese goods under Section 301 of the Trade Act of 1974 (“Section 301”).
IP Law 360
MAY 15, 2024
Though developers of gene and cell therapy products commonly assume that a legal safe harbor protects them from patent infringement suits, recent case law shows that not all preapproval uses of patented technology are necessarily protected, say Natasha Daughtrey and Joshua Weinger at Goodwin.
JD Supra Law
MAY 15, 2024
3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation, yet facing a suit. The first article included considerations to help understand some parameters of the suit, and the second article included considerations to help select your lead counsel.
IP Law 360
MAY 15, 2024
A small New Jersey firm has hired a longtime patent litigator from the "nonpracticing entity" trenches, who tells Law360 that he's since sworn off "NPE work," because it's become too hard to make money from those cases.
JD Supra Law
MAY 15, 2024
Do you need to have a contract to bring a trade secret claim? No. Arkansas law protects trade secrets whether there is a contractual agreement to protect them or whether no such written agreement exists.
IP Law 360
MAY 15, 2024
While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.
JD Supra Law
MAY 15, 2024
As we previously reported, Alexion Pharmaceuticals, Inc. and Alexion Pharma International Operations Ltd. (collectively, “Alexion”) sued Samsung Bioepis Co. Ltd. (“Samsung”) in January 2024 in the U.S. District Court for the District of Delaware. Alexion’s complaint alleged infringement of six patents under the BPCIA based on Samsung’s submission of its BLA for SB12, a proposed biosimilar to SOLIRIS (eculizumab).
Patent Trademark Blog
MAY 15, 2024
What is a patent declaratory judgment lawsuit? A patent declaratory judgment action is an infringement lawsuit in reverse. The plaintiff is the accused infringer seeking a declaration of noninfringement from the court. The patent owner is the defendant. Instead of asking for money damages or an injunction, the accused infringer is asking the court to render a decision that their products do not infringe a particular patent.
JD Supra Law
MAY 15, 2024
As discussed at length in a previous post on this blog (see "USPTO Proposed Rule Change to Terminal Disclaimer Practice"), the U.S. Patent and Trademark Office has proposed amending the form of terminal disclaimer to be used by patent applicants. Specifically, it proposes requiring terminal disclaimers filed to obviate nonstatutory (or obviousness-type) double patenting to include an agreement that the patent will be enforceable only if no claim of any patent to which it is tied by terminal.
IP Watchdog
MAY 15, 2024
"Make it happen.” That was the request U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman made of attendees of IPWatchdog’s Patent Litigation Masters 2024 program on Monday, imploring them to “think creatively” to solve the intellectual property problems of today. Pointing to developments such as the Unified Patent Court (UPC), Newman said “it’s a time of change and flux, and we can learn a good deal, not only from the UPC, but the way the law is developing in jurisdiction
JD Supra Law
MAY 15, 2024
The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year statute of limitations. The ruling addresses a longstanding circuit split over whether monetary relief is available even where infringement occurred more than three years prior.
The IPKat
MAY 15, 2024
By decision of 8 May 2024 (T-320/23, only available in Spanish), the General Court (GC) confirmed that the sign "NOT MILK" is descriptive of the products in classes 29 and 32, and that the graphical elements do not significantly alter its descriptive nature. Background of the case On 5 July 2021, the Chilean company The Not Company SpA (the Applicant) filed the application for trade mark registration no. 018508169 with the European Union Intellectual Property Office (EUIPO) for the figurative si
JD Supra Law
MAY 15, 2024
Takeaways: -A requester can have a voice in ex parte reexamination prosecution. - Requesters should strategically structure their request documents to hedge against potential patent owner amendment and argument. The key challenge of ex parte reexaminations has always been the lack of requester involvement after the reexamination request is granted. In order to reduce the impact of the requester’s silence during the proceeding, the requester needs to consider what might occur during.
IP Law 360
MAY 15, 2024
Global firm Winston & Strawn LLP has hired a Buchalter PC attorney to bolster its intellectual property practice and lead its global trademark prosecution and counseling efforts.
JD Supra Law
MAY 15, 2024
A split Supreme Court has decided that, under a plain reading of the Copyright Act, a party alleging copyright infringement may obtain damages for the entire damages period, so long as the suit itself is timely brought. Warner Chappell Music, Inc. v. Nealy, No. 22-1078, 601 U.S. __ (2024). Nothing that reaches the Supreme Court, however, is ever as simple as just reading a statute, and here there is much more to the iceberg than what is seen above the water line.
IP Law 360
MAY 15, 2024
A former sales executive for Samsung testified Wednesday to a California federal jury that he made fun of Netlist executives in an email to his boss as they were repeatedly trying to secure product deliveries, calling them "morons" who didn't understand that "nobody likes or wants them as a customer.
JD Supra Law
MAY 15, 2024
Copyright plaintiffs prevailed as the Supreme Court definitively expanded the scope of monetary damages available in discovery-rule copyright infringement cases. The discovery rule of accrual provides that a copyright claim accrues when the plaintiff discovers (or reasonably should have discovered) the infringement, regardless of when the infringing conduct occurred.
IP Law 360
MAY 15, 2024
U.S. Circuit Judge Pauline Newman's absence from Tuesday's Federal Circuit Judicial Conference was not due to a lack of invitation, contrary to initial comments from her lawyer, but the law isn't explicit about whether a suspended judge legally could have been excluded.
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