Fri.Jan 24, 2025

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Federal Circuit Asked to Rethink ITC’s Longstanding Exclusion of Investment Categories for Economic Domestic Industry

JD Supra Law

A US Court of Appeals for the Federal Circuit panel consisting of Judges Sharon Prost, Richard Taranto, and Raymond Chen recently heard oral argument inLashify, Inc. v. US International Trade Commission, an appeal from a Section 337 investigation into patent infringing imports of artificial eyelash extensions and related accessories.

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Fed. Circ. Upholds Intel PTAB Win In Qualcomm Fight

IP Law 360

The Federal Circuit said Friday it won't undo a Patent Trial and Appeal Board decision that invalidated several claims of a Qualcomm Inc. patent it had previously upheld, backing the board's latest claim construction in favor of Intel.

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The Year in Review: 2024 Patent Litigation Verdicts

JD Supra Law

Sixty-seven patent infringement trials reached a jury verdict in 2024. Of these 67 patent infringement verdicts, thirty-one (approximately 46%) were a complete patent owner win on all patent infringement and validity issues.

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BREAKING: Shyamalan, Apple Cleared Of Copyright Infringement By Jury

IP Law 360

A California federal jury on Friday delivered M. Night Shyamalan from a real-life Hollywood nightmare when it cleared the director and others of stealing an independent filmmaker's work for his AppleTV+show "Servant.

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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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Protecting Trade Secrets: Tips for AI Companies

JD Supra Law

AI companies should familiarize themselves with trade secret law to safeguard their innovations. A company does not need to register a trade secret to invoke it in litigation, unlike other IP protections. Trade secrets can protect algorithms, processes, datasets and more.

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Chinese Co. Rips Micron's 'Speculative' Fear Of Sharing Code

IP Law 360

Yangtze Memory Technologies on Friday urged the Federal Circuit to leave in place a district court's ruling requiring rival Micron Technology Inc. to turn over its source code in a flash memory chip patent dispute, arguing that Micron's security concerns "are entirely speculative.

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Senate Bill Not Seen As Death Knell For Skinny Label Suits

IP Law 360

A Senate bill aiming to protect generic-drug makers from patent suits when using so-called skinny labels could give the law more clarity if passed, but it likely wouldn't halt such cases since they involve issues that are more complex than lawmakers may realize, attorneys say.

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[Video] The Briefing: 2025 IP Resolutions Start With a Review of IP Assets

JD Supra Law

Kick off 2025 by reviewing your companys IP assets! Whether youre new to IP protection or a seasoned pro, its crucial to keep track of your valuable intellectual property. Scott Hervey and Tara Sattler break down key steps in safeguarding your trademarks, copyrights, and patents on this episode of The Briefing.

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Fed. Circ. Partly Revives Steuben's Win In $38M IP Trial

IP Law 360

The Federal Circuit largely revived Steuben Foods' infringement victory from a jury trial on Friday, in an opinion that also delved into the status of the rarely used reverse doctrine of equivalents.

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Part 3: Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance

JD Supra Law

This is the third post in a 3-part series. Below, we describe Example 49 which focuses on using AI to assist with a medical treatment.

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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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Deere Loses Fed. Circ. Bid To Revive Seeding Patent Fight

IP Law 360

The Federal Circuit on Friday shot down John Deere's appeal of its loss at the lower court in a case where a jury found that a rival's SpeedTube products didn't infringe a pair of patents, affirming a lower court's denial of the farming equipment giant's bid for a new trial.

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What in the [Meta]World?: Abitron Creates More Questions than Answers

JD Supra Law

At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in domestic commerce, does not appear groundbreaking. Nor does it appear to have any effect on the metaverse.

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Justices Urged To Review Souvenir Store's TM Fraud Case

IP Law 360

A Florida souvenir store chain has asked the U.S. Supreme Court to consider its challenge to a Second Circuit decision foreclosing its arguments that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement in yearslong litigation between the competitors.

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IP Alert: Federal Circuit Clarifies What Is Deemed Prior Art in an IPR

JD Supra Law

On January 14, in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., the Federal Circuit held that a published patent application can be prior art in an inter partes review (IPR) based on the applications filing date, not the publication date.

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Anschutz Gets Trade Secrets Trial Delayed Amid Sale Dispute

IP Law 360

A Colorado state judge on Friday delayed an upcoming trial in a trade secrets suit brought by Anschutz Exploration Corp., giving the parties more time to deal with a discovery fight over a recent sale that left the jurist "totally dumbfounded" and "furious" at a Denver oil prospector earlier this week.

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Patent Case Summaries | Week Ending January 17, 2025

JD Supra Law

Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., No. 2023-2346 (Fed. Cir. (PTAB) Jan. 14, 2025). Opinion by Prost, joined by Lourie and Stark.

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Colgate Gets PTAB To Ax Travel Toothbrush Patent Claims

IP Law 360

The Patent Trial and Appeal Board has found that Colgate-Palmolive was able to show that all the challenged claims of a patent on a toothbrush preloaded with toothpaste are invalid as obvious based on earlier inventions.

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Infamy or Praise blog gets scary

Likelihood of Confusion

Originally posted 2011-07-15 00:16:14. Republished by Blog Post PromoterColin Samuels is threatening drastic action to commemorate World Intellectual Property Day, which, of course, is today. Of course. We’re all over that. The post Infamy or Praise blog gets scary appeared first on LIKELIHOOD OF CONFUSION.

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Dow Argues Tech Firm's IP Suit Over Software Is Time-Barred

IP Law 360

The Dow Chemical Co. has urged an Ohio federal judge to rule in its favor in a dispute over proprietary polyethylene manufacturing software, arguing that ControlSoft Inc.'s suit ignores their more than 20-year business relationship and that the technology firm waited too long to bring trade secrets and copyright infringement claims.

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How Long Does a Trademark Last?

Erik K Pelton

The following is an edited transcript of my video How Long Does a Trademark Last? A trademark registration can last forever, as long as it is still being used. This is different from patents and copyrights, which have expiration dates. This question came up recently, in a class I was teaching, and together we researched trademarks from the 1800s that are registered at the USPTO that are still active registrations today (there are 42), including: Tiffany and Company John Deere Coca-Cola Omega (wa

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FTC Report On AI Sector Illuminates Future Enforcement

IP Law 360

The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

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Functional claims for pharmaceutical formulations: Validity versus enforcement (T 2130/22)

The IPKat

The Board of Appeal decision in T 2130/22 considered the inventive step of a pharmaceutical formulation in which the technical effect relied upon for inventive step was also a functional feature of the claim. The decision confirms that when a technical effect is specified as a functional feature in a claim, arguments regarding lack of demonstration of the effect across the whole scope of the claim will be considered by the EPO under the heading of sufficiency rather than that of inventive step.

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Lessons From The Pharma Industry On Patent Cliffs

IP Law 360

In the next five years, patents for drugs that have generated billions in global sales are set to expire, and companies that view this imminent patent cliff as an opportunity for strategic renewal rather than a challenge will be best positioned to maintain market leadership, says Keegan Caldwell at Caldwell Law.

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DesignCon 2025: Don’t Miss IP.com’s Exclusive Drop Event

IP.com

IP.com is excited to participate in DesignCon 2025, the leading conference for chip, board, and systems design engineers, happening January 2830 in Santa Clara, CA. Known for its focus on high-speed design and signal integrity, DesignCon attracts the brightest minds in electronic design to explore the latest advancements in technology. This year, were bringing something speciala cant-miss drop event that promises to take your DesignCon experience to the next level.

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Biotech Co. Defends Antitrust Counterclaims Against Rival

IP Law 360

Biotech company Zymo Research Corp. is defending its claims that German diagnostic competitor Qiagen GMBH's infringement suit is nothing more than an attempt to discredit a competitor, saying Zymo offered to prove it wasn't ripping off Qiagen's tech, only to have Qiagen bury "its head in the sand" and file suit.

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WEST 2025: Visit IP.com at Booth #1848

IP.com

Join IP.com at West 2025: Booth #1848 IP.com is thrilled to announce our presence at WEST 2025, the premier naval and maritime conference taking place in San Diego, CA, from January 28-30, 2025. As the largest event of its kind on the West Coast, WEST brings together military, government, and industry leaders to explore cutting-edge technologies shaping the future of defense and maritime operations.

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Artfully Conceding Liability Can Offer Defendants 3 Benefits

IP Law 360

In the rare case that a company makes the strategic decision to admit liability, its important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm atPersuasion Strategies.

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Groundhog Day and Intellectual Property: A Holiday Worth Celebrating (Especially If You’re My Dad)

Nelligan Law

Reading Time: 3 minutes Ah, Groundhog Day. The day when we anxiously await whether a large rodentblessed with alleged meteorological skillswill see its shadow and declare six more weeks of winter or, if were lucky, an early spring. For most people, this holiday is quirky at best, but for my dad, its his absolute favorite holiday. Why? Because, as hes fond of saying, I dont have to buy anyone anything.

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Intellectual Property Group Of The Year: Kirkland

IP Law 360

Kirkland & Ellis LLP attorneys worked some of the most notable intellectual property cases last year, including fighting off a sprawling $6 billion patent case against Intel Corp. and successfully defending a sports video game maker against copyright claims by a tattoo artist, earning the firm a place among the 2024 Law360 Intellectual Property Groups of the Year.

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Time to Assess the Damage: Implications from THJ Systems v. Sheridan

JD Supra Law

THJ Systems Ltd & Anor v. Sheridan & Anor [2024] EWHC 3195 (Ch) addressed two key issues in respect of damages related to (i) breach of contract and (ii) copyright infringement, following a determination of liability in favour of the Claimants by the High Court in April 2023 and the Court of Appeal in November 2023. On 16 December 2024, Master Kaye handed down judgment and emphasised the need for robust evidence to support such claims.

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DOJ Seeks End Of SpaceX Challenge To Immigrant Bias Case

IP Law 360

A Texas federal judge on Friday paused a SpaceX lawsuit challenging administrative proceedings against the aeronautics company over its refusal to hire refugees and asylees, after the U.S. Department of Justice said it was considering ways to resolve the case.

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2024 Design Patents Year in Review: Analysis & Trends: District Court Design Patent Cases: A Busy Year of Case Filings

JD Supra Law

2024 was another busy year for district court decisions! There were multiple jury trials, case-dispositive design patent decisions, and claim construction decisions across a range of venues and at a range of case postures. We summarize below four noteworthy decisions. Homy Casa Limited v. Jili Creation Technology Co., Ltd. and Fiskars Finland Oy AB v.

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SAP Seeks Full 9th Circ. Rehearing Of Revived Tying Suit

IP Law 360

German software giant SAP is asking the Ninth Circuit to reconsider its revival of data analytics company Teradata's trade secrets and tying suit against it, saying the panel wrongly applied per se antitrust treatment to a "highly innovative software market.

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Ruff outcome as Bad Spaniels found to have tarnished Jack Daniel's trademarks

The IPKat

The sellers of "Bad Spaniels" dog toys have left court with their tails between their legs this week after the latest decision in VIP Products LLC v. Jack Daniel's Properties. In its judgment dated 21 January, the US District Court for the District of Arizona ("the Court") declined to consider VIP's constitutional challenge to the dilution by tarnishment provisions of the Lanham Act.

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Language Services Biz Launches IP Division For Int'l Patents

IP Law 360

A London-based translation services provider has begun rolling out a new division that aims to use artificial intelligence technology to help companies secure patents worldwide and manage their global patent portfolios.

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