Thu.Aug 29, 2024

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Copyright and Tattoo Art

Creative Law Center

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.

Art 164
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FTC Comment on FDA Draft Guidance on Interchangeability

JD Supra Law

We recently posted on a new FDA draft guidance entitled “Postapproval Manufacturing Changes to Biosimilar and Interchangeable Biosimilar Products Questions and Answers,” aimed at providing “answers to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.”.

Licensing 117
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Top Takeaways from Order in the Andersen v. Stability AI Copyright Case

Copyright Alliance

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.

Copyright 115
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Fmovies Piracy Ring Was Shut Down by Vietnam, Assisted By ACE

TorrentFreak

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.

Cinema 108
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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Ex-Littler Atty Drops Suit Alleging Firm Violated $1M Deal

IP Law 360

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.

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Not Examined the Inventive Step Enough? Madras HC Remands Patent Application Back to IPO for Reconsideration

SpicyIP

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.

More Trending

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Business Entity Governance: An Overview

Cogency Global

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.

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Goa Circular on the Unauthorized Use of Sound Recordings During Weddings Hits a Wrong Note!

SpicyIP

Recently on August 13, the Bombay High Court at Goa scrapped the Goa Government’s circular on unauthorised use of sound recordings during weddings. Discussing the order and this long running controversy around use of sound recordings during wedding festivities in India, we are pleased to bring to our readers this guest post by our former blogger Gaurangi Kapoor.

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How AI Cos. Can Cope With Shifting Copyright Landscape

JD Supra Law

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.

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Fed. Circ. Gives Philips Another Chance In Networking IP Row

IP Law 360

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.

IP 59
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IPO Diversity in Innovation Toolkit

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.

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Regeneron Files BPCIA Complaint Against Sandoz’s EYLEA® Biosimilar Enzeevu™ Following FDA Approval

JD Supra Law

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.

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CAFC Affirms Most of PTAB Ruling Invalidating Philips’ Radio Communication System Patent Claims

IP Watchdog

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

Patent 59
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The Untethered Competition of Wireless Technology - Unpacking Standard Essential Patent Lapse Strategies by Major Telecom Companies

JD Supra Law

Introduction - Standard essential patents (SEPs) can make or break an organization’s research and development program, and no industry can manifest this like Telecom.

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Vizzy gets no kick from champagne, and that's ok

43(B)log

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.

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On-Sale Bar Arguments Fizzle Out at the Federal Circuit 

JD Supra Law

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.

IP 66
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using results from one product to tout another isn't passing off, but could be false advertising

43(B)log

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.

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A Large Theft of Trade Secrets Sets a Record: The “Largest Damages Award on the books under the DTSA”

JD Supra Law

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.

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unexplained "3x more cutting power" could be false advertising when comparator was unexpected

43(B)log

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.

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Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark

JD Supra Law

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.

Art 66
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Law and Disorder: IP Firms Targeted by Sneaky Impersonation Scams

Selvam & Selvam Blog

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.

Law 52
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Fifth EYLEA® Biosimilar FDA-Approved: Amgen’s Pavblu™ (aflibercept-ayyh)

JD Supra Law

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.

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PI Says He Didn't Publish Trade Secrets In Hacking Suit

IP Law 360

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.

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Federal Circuit Patent Watch: Arguments Not Presented in PTAB Request for Rehearing Are Not Necessarily Forfeited on Appeal

JD Supra Law

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).

Art 66
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Doctor Wants Stepson Barred From Selling Medial Device

IP Law 360

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.

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Assigning Away Standing: Judge Choudhury Concludes that Party Lacks Standing to Correct Inventorship of Inventions Previously Assigned to Another Party

JD Supra Law

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.

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Insurer Won't Let Brokerage Platform 'Eat Cake' In TM Suit

IP Law 360

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.

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K&C Sports & Entertainment Law Weekly Roundup - August 2024 #4

JD Supra Law

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.

Law 63
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Samsung Nabs Costs After Beating Staton Techiya IP Case

IP Law 360

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.

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Federal Circuit Clarifies Scope of Patent Owner Estoppel

JD Supra Law

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).

Patent 63
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JPMorgan Says Ex-Adviser Poached Clients Worth $13M

IP Law 360

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.

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Corsearch Partners with Proof Authentication to Provide Top-Tier On-Product Brand Protection

Corsearch

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.

Brands 52
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Albright Boots $8B EV Trade Secrets Suit For Improper Venue

IP Law 360

U.S. District Judge Alan Albright tossed out a $7.8 billion trade secrets dispute between two electric vehicle companies, adopting a federal magistrate judge's recommendation that the case should be handled in Israel where he said both companies and the majority of the individuals related to the matter already are.

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Yelp Takes Cue from D.C. Court’s Antitrust Ruling Against Google

IP Watchdog

On the heels of a judgment from the U.S. District Court for the District of Columbia earlier this month that found that “Google is a monopolist,” Yelp, Inc. has brought a lawsuit against Google in the Northern District of California under Section 2 of the Sherman Act, 15 U.S.C. § 2, and California’s Unfair Competition Law. The suit alleges that Google is “engaging in various anticompetitive practices designed to monopolize the markets for local search services and local search advertising.

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Pacira To Appeal Generic's Win In Pain Drug Patent Fight

IP Law 360

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.

Patent 52
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Comprehending Broadcasting Contracts and Intellectual Property Law at Crossroads

IIPRD

Introduction Amidst the ongoing controversies and criticisms regarding the draft of Broadcasting Services (Regulation) Bill 2023 & 2024 (Draft Bills) and the government’s continuous regularization attempts of the broadcasting industry, it is pertinent, that we look at the potential impacts of the previous drafts and existing law impacting the often overlooked intellectual property rights of people involved in the broadcasting domain.