Plagiarism Today
SEPTEMBER 25, 2024
We've all been inundated with plagiarism stories. It can seem like plagiarism doesn't matter anymore. However, that's simply not true. The post Why Plagiarism Still Matters appeared first on Plagiarism Today.
Erik K Pelton
SEPTEMBER 25, 2024
When dealing with a trademark dispute, many decisions go into crafting a cease and desist letter. Erik shares 25 considerations to make in this episode. The post 25 Considerations for a Trademark Cease and Desist Letter appeared first on Erik M Pelton & Associates, PLLC. When dealing with a trademark dispute, many decisions go into crafting a cease and desist letter.
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Plagiarism Today
SEPTEMBER 25, 2024
Oracle wins more attorney fees in Rimini case, OpenAI to allow access to training data and Telegram removes Z-Library posts. The post 3 Count: A Decade of Litigation appeared first on Plagiarism Today.
TorrentFreak
SEPTEMBER 25, 2024
Library Genesis, often shortened to LibGen , is one of the longest-running shadow libraries online. It provides free access to a vast collection of millions of books and academic papers that typically require payment. In recent years, rightsholders have made several attempts to shut the site down. Court orders have led to LibGen being blocked in several countries, but completely eliminating the threat has been extremely difficult.
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?
JD Supra Law
SEPTEMBER 25, 2024
In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American Broadcasting Companies, Inc., and Walt Disney Company, 1:24-cv-01210, in the Southern District of New York. The legal battle was sparked by a series of hilarious prank videos that Kimmel allegedly lured Santos into making.
IP Law 360
SEPTEMBER 25, 2024
A new bill in Congress would expressly give U.S. Customs and Border Protection agents the ability to share more "nonpublic information" about allegedly counterfeit products with "any other party with an interest in the merchandise.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Likelihood of Confusion
SEPTEMBER 25, 2024
Originally posted 2014-02-26 09:43:41. Republished by Blog Post PromoterFar be it from me to put words into the mouth of John Welch, whose powers of expression are more than adequate to make the point, but it does seem that John is, in this case he reports on today at the TTABlog, taken aback at some […] The post Hardball at the TTAB appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
SEPTEMBER 25, 2024
When your restaurant, bar, nightclub, sports bar, barber shop, gym, country club, cigar bar other similar establishment decides to air the latest and great UFC fight or other sports match in your venue, you need to understand that, as the song goes, "somebody's watching me." There are several major distributors that seek to hold companies liable for illegal interception of a signal allowing companies to show the PPV sports broadcast improperly, and without a license to do so, for commercial.
SpicyIP
SEPTEMBER 25, 2024
Original Image from here. On 30 th August 2024, the DHC gave out two decisions on appeal against the rejection of two Patent applications filed by Blackberry Limited. In this post, I will refer to the two decisions as Blackberry I and Blackberry II. Here, I will contrast the two judgements and answer whether the reasoning employed in them is consistent and reconcilable.
JD Supra Law
SEPTEMBER 25, 2024
On September 3, 2024, the Federal Circuit issued a precedential decision affirming a district court decision where claims relating to “video-on-demand” systems did not constitute patentable subject matter because the claims recite abstract ideas.
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.
IP Watchdog
SEPTEMBER 25, 2024
A new article in Science claims that nearly one-third of patents arising from federally funded research fail to disclose this funding. Such omissions, if intentional, could violate federal law. If true, this would be a bombshell. Fortunately, it's not true. The study's methodology is deeply flawed. Yet it could nevertheless provide a pretext for lawmakers to enact unnecessary and burdensome legislation, killing public-private research collaborations.
JD Supra Law
SEPTEMBER 25, 2024
As Chinese enterprises’ technological innovation level and their R&D capabilities has grown by leaps and bounds in recent years, it is not uncommon for them to defend based on prior use right in patent infringement disputes.
The TTABlog
SEPTEMBER 25, 2024
Michael Grynberg is a professor of law at Depaul College of Law in Chicago, where he focuses on intellectual property. He also likes comic books and comic strips. Putting those two interests together, he created a graphic "article" called "Trademarks as Comics," in which, among other things, he seeks to answer the question, "what can sequential art teach trademark law?
JD Supra Law
SEPTEMBER 25, 2024
This issue of Trademark Insight once again contains some noteworthy decisions from recent months. Of particular interest are the decisions on the legal concept of complex likelihood of confusion (komplexe Verwechslungsgefahr) (German Federal Patent Court), on a trade mark conflict over homonyms (General Court) and on the genuine use of a recycling symbol (General Court).
TorrentFreak
SEPTEMBER 25, 2024
An unprecedented order handed down by a judge in Argentina mid-September was music to the ears of LaLiga President Javier Tebas. Alongside orders for local ISPs to block 69 domains linked to pirate IPTV service Magis TV, Judge Esteban Rossignoli at Court 4 of San Isidro reportedly instructed Google to “adopt the necessary technical means” to immediately uninstall the MagisTV app from all Android devices operating with an Argentinian IP address.
JD Supra Law
SEPTEMBER 25, 2024
A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier Franchise Company, LLC entered substantive negotiations with DAZ Global, LLC and its principal, Dimitry Baum (collectively “DAZ”), for the opening of a Grainier Bakery franchise in Chicago, Illinois.
Patently-O
SEPTEMBER 25, 2024
by Dennis Crouch The U.S. Court of Appeals for the Federal Circuit has granted Google’s en banc rehearing in EcoFactor, Inc. v. Google LLC , No. 2023-1101 (Fed. Cir. Sept. 25, 2024), focusing on the admissibility of expert testimony regarding patent damages. This will be the first en banc utility patent case since 2018. The order vacates the panel’s previous decision that had sided with the patentee and calls for new briefing on: whether the district court properly applied Federal R
JD Supra Law
SEPTEMBER 25, 2024
On September 3, 2024, Eli Lilly filed a complaint against the FDA in the District Court for the Southern District of Indiana pursuing the latest challenge to the FDA’s application of its “biological product” classification. See Eli Lilly & Co. v. Becerra et al., No. 1:24-cv-01503 (S.D. Ind.).
IP Watchdog
SEPTEMBER 25, 2024
In a rare grant of en banc rehearing, the U.S. Court of Appeals for the Federal Circuit (CAFC) today agreed to revisit a June 2024 precedential decision that affirmed a district court’s orders in favor of EcoFactor, Inc. against Google, whose appeal in part asked for a new trial on damages due to prejudicial error. Judge Prost dissented-in-part from the panel opinion, stating that the majority’s opinion with respect to damages “at best muddles our precedent and at worst contradicts it.
JD Supra Law
SEPTEMBER 25, 2024
The Federal Circuit has affirmed most of a ruling by the Patent Trial and Appeal Board (PTAB or Board) that invalidated claims related to radio communications in a patent owned by Philips. The case is KONINKLIJKE PHILIPS N.V. v. QUECTEL WIRELESS SOLUTIONS CO. LTD.
IP Law 360
SEPTEMBER 25, 2024
The full Federal Circuit said Wednesday it will review a panel's holding that Google must pay EcoFactor $20 million for infringing a smart thermostat patent, after the tech giant said the court has allowed patent owners to "manufacture a royalty rate.
JD Supra Law
SEPTEMBER 25, 2024
The U.S. Patent Office has published updated examination guidelines regarding the enablement requirement in view of the Supreme Court’s May 2023 decision in Amgen v. Sanofi. The guidelines generally reiterate that (1) enablement applies to all technology areas, not just biotech, and (2) the Patent Office may increase its enforcement of the enablement doctrine against functional claims directed to a considerable amount of embodiments.
Selvam & Selvam Blog
SEPTEMBER 25, 2024
Goa, with its stunning beaches and lively festivities, has always been a popular destination for weddings and social events. However, a recent circular from the Goa government has stirred up a legal battle regarding copyright laws. This circular aimed to exempt wedding ceremonies and related festivities from the need to secure copyright permissions for musical works, citing the need to support local economic and tourism activities.
JD Supra Law
SEPTEMBER 25, 2024
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small servings of technical contract insights prepared by our seasoned attorneys. This month, we are discussing federal agency perspectives on copyright and patent registrations that incorporate artificial intelligence tools.
IP Law 360
SEPTEMBER 25, 2024
Delaware's top federal judge won't budge on ordering a Texas paralegal to pony up $53,000 for refusing to appear for months to answer questions about a patent litigation outfit that was registered to her name, after he grilled her lawyer over who he was representing at a hearing she did show up to last week.
Indiana Intellectual Property Law
SEPTEMBER 25, 2024
The U.S. Patent Office issued the following 199 patents to persons and businesses in Indiana in August 2024: US 12070711 B2 Air filter arrangement; assembly; and, methods US 12070231 B2 Customized patient surgical plan US 12070975 B2 Under bed hitch mounting system US 12070251 B2 Systems and methods for spinal rod insertion and reduction US 12073341 B2 Proactive spatiotemporal resource allocation and predictive visual analytics system US 12070559 B2 Drainage catheter hub with a semi-compressed
IP Law 360
SEPTEMBER 25, 2024
Walgreen Co. can move forward with its trademark infringement suit against the great-grandson of the company's founder for operating Walgreen Health Solutions after an Illinois federal judge denied his motion to dismiss, finding the drugstore chain has shown a likelihood of confusion between the two brands.
Patently-O
SEPTEMBER 25, 2024
by Dennis Crouch I wanted to provide a quick update on potential misinformation that came out in a panel that I was part of at the IPO annual conference. One speaker noted that the USPTO terminal disclaimer rules were already in effect. That is not true. In May 2024, the agency released a notice of proposed rulemaking (NPRM) and has not yet indicated whether it will finalize the rules.
IP Law 360
SEPTEMBER 25, 2024
A consultant and owner of a cold-packaging company accused of lying about his patent rights is doubling down on his bid to ditch a rival business's federal lawsuit under North Carolina's abusive patent law, saying he has no intention of accusing the business of infringement.
SpicyIP
SEPTEMBER 25, 2024
In light of the executive order waiving the requirement to conduct clinical trials for new drugs approved in a few selected jurisdictions, we are pleased to bring to you this guest post by Md. Sabeeh Ahmad, discussing the implications of this executive order. Sabeeh is an Advocate and is a law graduate from AMU, Aligarh. His previous posts can be accessed here.
IP Law 360
SEPTEMBER 25, 2024
Mariah Carey and Sony Music Entertainment hope to finally put to bed a copyright infringement suit over the now-decades-old Christmas hit "All I Want For Christmas Is You," telling a California federal judge this week that the accusing musicians have not shown the similarities are anything more than common holiday tropes.
Michael Geist
SEPTEMBER 25, 2024
Canada’s digital policy has seemingly long proceeded on the assumption that tech companies would draw from an unlimited budget to write bigger cheques to meet government regulation establishing new mandated payments. Despite repeated warnings on Bills C-11 (Internet streaming), C-18 (online news), and a new digital services tax that tech companies – like anyone else – were more likely to respond by adjusting their Canadian budgets or simply passing along new costs to consumers, the g
IP Law 360
SEPTEMBER 25, 2024
Amazon now owes a small advertising software outfit a total of $136 million after losing a jury trial in June in Waco, Texas, in a lawsuit over patents that purportedly made it more efficient to place bids on the same pieces of ad space.
JD Supra Law
SEPTEMBER 25, 2024
Those familiar with filing and prosecuting trademark applications in Canada will know that the Canadian Intellectual Property Office (CIPO) has among the world’s most stringent standards for assessing the specificity of goods and services claimed in such applications.
IP Law 360
SEPTEMBER 25, 2024
A hairbrush company and an investment firm that together filed several lawsuits accusing various companies of "poisoning" the market with knockoffs of their patented ceramic straightening brush asked a California federal judge Wednesday to dismiss the last of those cases, stating that the claims have been settled.
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