Plagiarism Today
SEPTEMBER 16, 2024
Bungie is celebrating ten years of Destiny 2. However, one piece of merchandise turned out to be plagiarized from a fan creation. The post Plagiarism, Destiny 2 and NERF Guns appeared first on Plagiarism Today.
Barry Sookman
SEPTEMBER 16, 2024
In the dying weeks of the summer, the U.S. Third Circuit Court of Appeals released a bombshell case holding that § 230 of the Communications Decency Act (CDA) did not provide a safe harbor for the social media company TikTok when its algorithms recommended and promoted a video which allegedly led to a minor killing herself. The case, Anderson v. TikTok, Inc., 2024 WL 3948248 (3rd.Cir.Aug. 27, 2024), is significant.
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IP Law 360
SEPTEMBER 16, 2024
A New Jersey state judge has refused to toss his decision dismissing a biotechnology company's legal malpractice lawsuit against McCarter & English LLP, finding that the firm's misstatement about the chronology of earlier litigation – and repeated in the judge's opinion – did not warrant reviving the case.
SpicyIP
SEPTEMBER 16, 2024
[A big thanks to Mr. Prashant Reddy for his inputs on the post.] Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM.
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
SEPTEMBER 16, 2024
A Houston federal judge ordered a Texas trio to pay more than $1.5 million in statutory damages to Lewis Brisbois Bisgaard & Smith LLP after finding last month that the group willfully stole the BigLaw behemoth's name for its mediation business in 2022.
TorrentFreak
SEPTEMBER 16, 2024
Tracking BitTorrent pirates isn’t all that hard since IP addresses are openly broadcasted. With help from Internet providers, these addresses can then be linked to account holders. ISPs don’t hand over this data voluntarily; they typically require a subpoena or court order before taking action. In the United States, subpoenas are typically obtained by filing a copyright complaint in federal court against a “John Doe” who’s known only by an IP address.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
SEPTEMBER 16, 2024
Reaud claimed he received 93 “unwanted gross and offensive pornographic ads” on Facebook. (I don’t mean to victim-blame, but if his claim is true, I do wonder how Facebook’s ad algorithm was responding to his onsite activities). He further claims Facebook reduced his account functionality when he posted the ads on his page. He sued Facebook (pro se) for “sexual harassment” and IIED.
JD Supra Law
SEPTEMBER 16, 2024
Recently, the Delaware Chancery Court and the Third Circuit issued three significant decisions on key issues affecting licensing and M&A transactions in the life sciences industry.
IP Watchdog
SEPTEMBER 16, 2024
Last week, Patients for Affordable Drugs (“P4AD”) became the latest amicus to file a brief with the U.S. Court of Appeals for the Third Circuit in Bristol Myers Squibb Co. v. Becerra et al. The case, which was lodged by the pharmaceutical giant Bristol Myers Squibb (“BMS”) and consolidated with several other pharmaceutical challenges, alleges that the Inflation Reduction Act (IRA) compels drug manufacturers to provide Medicare with “access” to their leading medicines at steep discounts, effectua
JD Supra Law
SEPTEMBER 16, 2024
The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law.
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The IPKat
SEPTEMBER 16, 2024
When you read the names Elton and Elon, two prominent representatives of people bearing these names might come to mind. But is this association sufficient to exclude a likelihood of confusion? This question was answered by the Board of Appeal (‘BoA’) of the European Union Intellectual Property Office (‘EUIPO’) in a recent decision. Background On 15 June 2022, Universal Brand Group Pty Limited (‘Universal Brand’) filed for registration of EU trade mark no. 018716750 covering goods and services in
JD Supra Law
SEPTEMBER 16, 2024
On August 30, 2024, Alexion Pharmaceuticals, Inc. and Alexion Pharma International Operations Ltd. (collectively, “Alexion”) and Samsung Bioepis Co. Ltd. (“Samsung Bioepis”) settled their BPCIA dispute related to Samsung Bioepis’s biosimilar EPYSQLI® (eculizumab-aagh).
SpicyIP
SEPTEMBER 16, 2024
On August 14, the Delhi High Court passed the final judgment in a 23-year-old trademark dispute between Lacoste and Crocodile International. SpicyIP intern Samridhi Chugh discusses the key issues in the dispute and breaks down the Court’s verdict. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women.
JD Supra Law
SEPTEMBER 16, 2024
On August 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the fee standards for patent term adjustment (PTA) requests. Before this announcement, all submitted requests for PTA were pending review. Since August 27, 2024, CNIPA has published five batches of decisions, granting PTA to 690 invention patents, marking the official implementation of PTA in practice.
Michael Geist
SEPTEMBER 16, 2024
Parliament resumes after a summer break today. While digital policies receded into the background over the past few months, the political intrigue of by-elections and a minority government without an NDP deal will be accompanied by questions about what happens to Bill C-63, Canada’s online harms bill, Bill C-27, the privacy and AI reform bill, Bill S-210, the age verification bill, and a myriad of other regulatory and policy issues.
JD Supra Law
SEPTEMBER 16, 2024
According to Forbes Magazine, a majority of younger generations (59 percent of Generation Z and 57 percent of Millennials) are buying upcycled products. This growing trend has transformed the fashion industry, blending creativity with sustainability. However, as upcycling becomes more popular, it also brings about complex intellectual property (IP) challenges.
SpicyIP
SEPTEMBER 16, 2024
On August 27, the Madhya Pradesh High Court passed a peculiar decision, in a writ appeal, setting aside the Excise Commissioner’s order for not considering the alleged similarities between the competing beer labels. The Court interpreted the responsibility to make such a determination under the MP Foreign Liquor Rules. In this tidbit, SpicyIP intern Mehnaz Khatoon breaks down the order, highlighting how such an interpretation by the Court cannot be made under the MP Rules and explaining th
JD Supra Law
SEPTEMBER 16, 2024
The Internet Corporation for Assigned Names and Numbers (ICANN), in collaboration with PowerSoft Africa and the Coalition for Digital Africa, recently published a study on the state of the domain industry in Africa in 2023. This study was timed strategically to coincide with the 80th ICANN meeting held in Kigali, Rwanda.
The IPKat
SEPTEMBER 16, 2024
A meow-velous cover! This is a book review of “ Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. The book employs comparative and analytical methods to explore the harmonization of intellectual property (IP) law within the Trans-Atlantic context, with a strong focus on the intersections of culture and trade.
JD Supra Law
SEPTEMBER 16, 2024
On September 9, the Federal Circuit reversed a Northern District of California decision that invalidated two video camera patents as being directed to patent-ineligible abstract ideas under 35 U.S.C. § 101. Contour IP Holding, LLC v. GoPro, Inc., No. 2022-1654, 2022-1691 (Fed. Cir. Sep. 9, 2024).
IP Watchdog
SEPTEMBER 16, 2024
In a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded a district court decision that invalidated all claims of Vascular Solutions and Teleflex LLC’s (Teleflex) patent infringement suit against Medtronic, Inc. In an opinion authored by Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas, sitting by designation, the CAFC said the district court erred when it found the asserted claims were “mutually exclusive” and
JD Supra Law
SEPTEMBER 16, 2024
Fiskars Finland OY AB v. Woodland Tools, Inc., No. 22-cv-00540 (W.D. Wis. Aug. 26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. Fiskars Finland OY AB and Fiskars Brands Inc. (collectively, “Fiskars”) sued Woodland Tools Inc. and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret.
IP Watchdog
SEPTEMBER 16, 2024
The U.S. Patent and Trademark Office (USPTO) today announced that it will extend the comment period for its “2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence” by one month. The Notice, published in the Federal Register on July 17, 2024, originally included a deadline for comments of September 16, 2024, which is now extended to October 16, 2024.
JD Supra Law
SEPTEMBER 16, 2024
The Federal Circuit dismissed an appeal from an inter partes review (“IPR”) final written decision for lack of standing where it found the appellant failed to provide evidence sufficient to show it suffered an injury in fact. The appellant in this case filed an IPR petition challenging the validity of U.S. Patent No. 9,354,369 (“the ’369 Patent”) after the patentee filed two separate suits accusing the appellant’s optical filters of infringement.
IP Watchdog
SEPTEMBER 16, 2024
The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) published a blog post Friday urging the U.S. Patent and Trademark Office (USPTO) to resist “misguided ‘coordination’ efforts” such as the Agency’s proposals for increasing collaboration with the Food and Drug Administration (FDA). The USPTO first published a Request for Comments in October 2022 asking the public for input on “proposed initiatives directed at bolstering the robustness and reliability of patents to incentivize a
JD Supra Law
SEPTEMBER 16, 2024
Last week, in Osseo Imaging, LLC v. Planmeca USA Inc., No. 2023-1627 (Fed. Cir. Sept. 4, 2024), the Federal Circuit held that “[a]n expert need not have acquired the skill level prior to the time of the invention to be able to testify from the vantage point of a person of ordinary skill in the art.” Instead, “an expert can acquire the necessary skill level later and develop an understanding of what a person of ordinary skill in the art knew at the time of the invention.”.
IP Law 360
SEPTEMBER 16, 2024
Mallinckrodt Pharmaceuticals has sued a rival drugmaker in Delaware federal court, alleging the company copied its injectable version of acetaminophen and infringed on four patents in the process.
JD Supra Law
SEPTEMBER 16, 2024
Obviousness-type double patenting (ODP), a judicially-created ground of patent invalidity, has become the subject of intense interest after the Federal Circuit issued two decisions refining the application of the doctrine in a little over a year. This update discusses these recent developments, which impact the amount of U.S. patent terms that may be enjoyed by patent owners.
IP Law 360
SEPTEMBER 16, 2024
The Federal Circuit on Monday held that a Minnesota district court was wrong to invalidate claims in seven catheter patents Teleflex LLC asserted against Medtronic Inc. as indefinite, finding the lower court took an overly narrow view of how claims are construed.
Velocity of Content
SEPTEMBER 16, 2024
Navigating the complexities of finding and incorporating high-quality, standards-aligned content into K-12 curriculum has long been a challenge for EdTech and curriculum development companies, districts, and schools. With the increasing demand for culturally diverse, trustworthy, and engaging content, the task of obtaining permissions for copyrighted materials can be both time-consuming and costly.
Likelihood of Confusion
SEPTEMBER 16, 2024
Originally posted 2014-07-22 13:14:41. Republished by Blog Post PromoterNow that the Macy*s Thanksgiving Day Parade ® — yes, that’s a registered trademark — has completed its mawkish coup de grâce on the warm season, perhaps in return we will merit a thaw in the stream of IP-related news that has settled over my little piece […] The post Welcome back to winter, confusion appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
SEPTEMBER 16, 2024
In Vetter v. Resnik, a federal court recently held for the first time that termination rights under Section 304 of the Copyright Act recapture domestic and foreign rights where the original grant was for "worldwide" rights — misinterpreting a basic principle of international copyright treaties, say Rebecca Benyamin and Eric J. Schwartz at Mitchell Silberberg.
The TTABlog
SEPTEMBER 16, 2024
The Board affirmed a refusal to register the proposed mark A CHANCE TO LIVE LONGER in the stylized form below, for "Printed matter, namely, brochures and pamphlets in the field of cancer" and for "Medical information services," because Applicant Bristol-Myers refused to disclaim the phrase. The Board agreed with the USPTO that the phrase fails to function as a source indicator, and therefore must be disclaimed under Trademark Rule 6(a).
IP Law 360
SEPTEMBER 16, 2024
Dutch conglomerate Philips has won an injunction against Belkin at the Unified Patent Court, as Philips convinced the court that the German technology company should be barred from selling products that infringe its patent.
Patently-O
SEPTEMBER 16, 2024
by Dennis Crouch In 1981, the U.S. Court of Customs and Patent Appeals (CCPA) issued its decision in In re Keller , 642 F.2d 413 (CCPA 1981), a case that continues to shape obviousness determinations over four decades later. As the predecessor court to the Federal Circuit, the CCPA’s rulings remain precedential and influential, with Keller cited 10,000+ times by the USPTO’s Patent Trial and Appeal Board (PTAB) and its predecessor Board, the BPAI.
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