Creative Law Center
AUGUST 29, 2024
Copyright and tattoo. Understand the legal implications of ownership and how they can be changed with contracts. Plus a look at the historical roots of tattoo art. The post Copyright and Tattoo Art appeared first on Creative Law Center.
Copyright Alliance
AUGUST 29, 2024
On August 12, an order granting in part and denying in part motions to dismiss a first amended complaint was issued by Judge William Orrick (in the Northern District of […] The post Top Takeaways from Order in the Andersen v. Stability AI Copyright Case appeared first on Copyright Alliance.
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SpicyIP
AUGUST 29, 2024
Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant. Discussing this paradox, we are pleased to bring to you this guest post by Md.
TorrentFreak
AUGUST 29, 2024
Pirate sites tend to come and go but in recent months, significant shutdowns have been more frequent than usual. Fmovies is one of the most prominent casualties. Founded in 2016, the pirate streaming site had been a thorn in Hollywood’s side for years. While rightsholders typically avoid naming pirate sites in public, fearing an indirect promotional effect, Fmovies was a recent exception.
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
AUGUST 29, 2024
A former Littler Mendelson PC lawyer has dropped her California state court lawsuit against the firm that alleged it had violated a settlement inked in a suit the firm filed in Texas state court accusing the attorney of stealing confidential information, wrapping up the dispute between the former associate and the firm.
Cogency Global
AUGUST 29, 2024
What this is : Entity governance is the system of rules and processes that guide a company’s direction and control , ensuring accountability, fairness and transparency with all stakeholders. What this means : This article will focus on routine governance during the lifecycle of a company and the importance of utilizing an effective entity management system.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
AUGUST 29, 2024
We recently posted on a new FDA draft guidance entitled “Postapproval Manufacturing Changes to Biosimilar and Interchangeable Biosimilar Products Questions and Answers,” aimed at providing “answers to commonly asked questions from applicants and other interested parties. regarding postapproval manufacturing changes. made to licensed biosimilars and licensed interchangeable biosimilars.”.
TorrentFreak
AUGUST 29, 2024
In a lawsuit filed at a New York federal court in June, leading textbook publishers including Cengage Learning, Macmillan Learning, Elsevier and McGraw Hill, accused Google of profiting from sales of infringing copies of their textbooks. According to the complaint , Google’s “systemic and pervasive advertising” drives potential buyers to the websites of ‘Pirate Sellers’ who utilize Google Shopping Ads to advertise infringing copies of the plaintiffs’ books.
JD Supra Law
AUGUST 29, 2024
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed. And with an on-the-ground team in Germany, France, the United Kingdom and the United States, we offer a unique cross-border perspective.
IP Law 360
AUGUST 29, 2024
The Federal Circuit on Thursday ordered the Patent Trial and Appeal Board to take another look at arguments from Dutch electronics giant Philips seeking to keep a networking patent alive, deciding that the board was "too conclusory" the first time.
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
AUGUST 29, 2024
In the ever-evolving landscape of artificial intelligence development, utilizing copyrighted material for training algorithms has not only become the comedy fodder for “Saturday Night Live” cast members, but also a focal point of recent legal scrutiny. Originally published in Law360 - May 28, 2024.
IP Watchdog
AUGUST 29, 2024
On August 29, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a nonprecedential ruling in Koninklijke Philips N.V. v. Quectel Wireless Solutions Co. Ltd. affirming most aspects of an obviousness ruling issued by the Patent Trial and Appeal Board (PTAB) that invalidated radio communications patent claims owned by Philips. The Federal Circuit, however, did agree with Philips that the PTAB erred in concluding that an asserted prior art reference taught the application of an offset t
JD Supra Law
AUGUST 29, 2024
Celanese Int'l Corp. v. Int'l Trade Comm'n, No. 2022-1827, 2024 WL 3747277, at *1 (Fed. Cir. Aug. 12, 2024) - Manufacturers beware! Your sales of products based on secret manufacturing processes may invalidate your patents. The Court of Appeals for the Federal Circuit (“CAFC”) recently affirmed an International Trade Commission (“ITC”) decision that invalidated process patent claims because the patentee sold products—manufactured based on the secret process claims—more than one year before.
43(B)log
AUGUST 29, 2024
West v. Molson Coors Beverage Co. USA, No. 23-cv-7547 (BMC), 2024 WL 3718613 (E.D.N.Y. Aug. 7. 2024) Plaintiffs alleged that Molson deceived consumers into thinking that Vizzy contained champagne (used as a generic term throughout!) when it didn’t. The court found the allegations implausible, using what may become a popular framework recently distilled from the cases about how reasonable consumers think.
JD Supra Law
AUGUST 29, 2024
As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal Board (the “Board”) decision underscores a significant hurdle for cannabis related applications—use in interstate commerce. In Allright Mind Enterprises Ltd. v.
43(B)log
AUGUST 29, 2024
Ortho-Tain, Inc. v. Colorado Vivos Therapeutics, Inc., 2024 WL 3925408, No. 20 C 4301 (N.D. Ill. Aug. 23, 2024) Ortho-Tain sued defendants (including a bunch of former employees); I’ll focus only on the Lanham Act claims alleging that they falsely took credit for favorable results achieved by Ortho-Tain’s orthodontic appliance products used to treat various conditions such as sleep disordered breathing.
JD Supra Law
AUGUST 29, 2024
Regeneron filed an eighth BPCIA litigation (Case No. 2:24-cv-08760 (D.N.J.)) related to an EYLEA® (aflibercept) biosimilar, against Sandoz’s Enzeevu™ (aflibercept-abzv). The Complaint alleges infringement of 46 of Regeneron’s patents, including two patents claiming methods of treatment, two patents claiming formulations, five patents claiming compositions of matter, 28 patents with manufacturing claims, five patents claiming devices, two patents with packaging claims, and eight design patents.
43(B)log
AUGUST 29, 2024
Fiskars Finland OY AB v. Woodland Tools Inc., No. 22-cv-540-jdp, 2024 WL 3936444 (W.D. Wis. Aug. 26, 2024) The parties compete in the hand-held gardening tool market. Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for false advertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial.
JD Supra Law
AUGUST 29, 2024
Introduction - Standard essential patents (SEPs) can make or break an organization’s research and development program, and no industry can manifest this like Telecom.
Selvam & Selvam Blog
AUGUST 29, 2024
Recently, a troubling trend has emerged where scammers are impersonating reputable law firms, pretending to be partners or representatives to defraud individuals and businesses. Their modus operandi involves targeting people with fake “legal notices” sent from email addresses that closely resemble legitimate ones, or through WhatsApp accounts using photos of the firm’s partners as display pictures.
JD Supra Law
AUGUST 29, 2024
Floyd Mayweather finds himself deep into a lawsuit, as fraud and theft claims have been put against his name. The American boxer and rapper Tyga are now part of a suit by Leonard Sulaymanov, who has alleged the non-payment of multiple jewelry items, dating back to late June 2021.
IP Law 360
AUGUST 29, 2024
A North Carolina private investigator is doubling down on his bid to defeat what's left of aviation tycoon Farhad Azima's lawsuit accusing him of taking part in an international hacking conspiracy.
JD Supra Law
AUGUST 29, 2024
Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola, after a trial that lasted three and a half months, were also large.
IP Law 360
AUGUST 29, 2024
A Texas doctor has asked a federal court to step in and stop his stepson from selling "micro-current therapy medical devices," saying in a motion this week that his stepson was still using his trademarks despite the fact that he had canceled his license.
JD Supra Law
AUGUST 29, 2024
On August 23, 2024, the FDA approved Amgen’s Pavblu™ (aflibercept-ayyh) as the fifth biosimilar of Regeneron’s EYLEA® (aflibercept). Pavblu™ was approved with a skinny label that includes neovascular (wet) age-related macular degeneration, macular edema following retinal vein occlusion, diabetic macular edema, and diabetic retinopathy indications.
IP Law 360
AUGUST 29, 2024
A Colorado workers' compensation insurance company, Cake Insure Inc., Thursday accused a brokerage platform called Eat Cake Inc. of infringing on its trademarked name, saying the web platform can't touch the delectable monicker.
JD Supra Law
AUGUST 29, 2024
Precedential and Key Federal Circuit Opinions - SANHO CORP. v. KAIJET TECHNOLOGY INTERNATIONAL LIMITED, INC. [OPINION] (2023-1336, 7/31/24) (Dyk, Clevenger, Stoll) - Dyk, J. The Court affirmed the Board’s decision finding all challenged claims unpatentable as obvious. The sole issue on appeal was the applicability of the prior art exception of 35 U.S.C. § 102(b)(2)(B).
IP Law 360
AUGUST 29, 2024
A Texas federal judge on Thursday awarded Samsung $108,674 in court costs stemming from a patent infringement suit filed by the company's former in-house patent attorneys — a case he tossed earlier this year based on unclean hands — and asked for more information on costs still in dispute.
JD Supra Law
AUGUST 29, 2024
In an ongoing patent dispute between manufacturers of armored fiber optic cables, Judge Choudhury (E.D.N.Y.) recently resolved competing motions to dismiss on several grounds. In doing so, she ruled that Defendant Point 2 Point Communications Corporation (“P2P”) lacked Article III standing to bring a “correction of patent inventorship” counterclaim against Plaintiff Certicable LLC to add P2P’s CEO, Roman Krawczyk, as an inventor to the patent at issue.
IP Law 360
AUGUST 29, 2024
JPMorgan Chase has accused a former adviser of attempting to solicit clients for Wells Fargo, an effort JPMorgan alleged has so far been successful in converting 16 clients worth $13 million to its competitor.
JD Supra Law
AUGUST 29, 2024
In a public decision dated August 8, 2024, Justice Furlanetto of the Federal Court found Boehringer Ingelheim’s Canadian Patent No. 2,591,083 (the 083 patent) valid and infringed by JAMP in an action under the Patented Medicines (Notice of Compliance) Regulations relating to OFEV® (nintedanib): Boehringer Ingelheim (Canada) Ltd v JAMP Pharma Corporation, 2024 FC 1198.
IP Law 360
AUGUST 29, 2024
Pacira Pharmaceuticals Inc. says it is appealing a New Jersey federal judge's decision invalidating its patent on a nonopioid painkiller and opening the way for generic versions of its drug Exparel, a long-acting injectable for managing postsurgical pain.
JD Supra Law
AUGUST 29, 2024
The Federal Circuit recently issued a decision in SoftView LLC v. Apple Inc. clarifying the scope of patent owner estoppel set forth in 37 C.F.R. § 42.73(d)(3)(i). 2024 WL 3543902 (Fed. Cir. July 26, 2024). The regulation prohibits a patent applicant or owner “from taking action inconsistent with [an] adverse judgment, including obtaining in any patent[] [a] claim that is not patentably distinct from a finally refused or canceled claim.” 37 C.F.R. § 42.73(d)(3)(i).
Corsearch
AUGUST 29, 2024
Corsearch, a leading provider of Brand Protection and Trademark solutions, has entered into an exclusive partnership with Proof Authentication, a pioneering force in on-product digital authentication. This collaboration marks a significant advancement in the fight against counterfeiting and brand fraud, offering unparalleled security solutions for businesses across all industries.
IP Law 360
AUGUST 29, 2024
Cisco Systems Inc. has asked prolific patent jurist U.S. District Judge Alan Albright to declare a mistrial in a suit accusing it of infringing a server patent, arguing Judge Albright has been using a different claim construction at trial than his prior guidance suggested.
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