JD Supra Law

JULY 26, 2024

Following the U.S. Supreme Court’s invalidation of a counterpart U.S. patent in the same family for lack of enablement (21-757 Amgen Inc. v. Sanofi (05/18/23) (supremecourt.gov)), the UPC has now rendered a decision on its European counterpart. Last year, the U.S. Supreme Court, in a unanimous opinion authored by Justice Neil Gorsuch, held that the patent “claims a lot, but enables only a little,” and stated the basis tenant of enablement to be: “[i]f a patent claims an entire class of.

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TorrentFreak

JULY 26, 2024

To a greater or lesser extent and depending on region, rightsholders across all major industries are now regular participants in site-blocking actions. Most blocking takes place to prevent access to movies and TV shows on static platforms such as torrent sites and streaming indexes, plus streaming platforms typically operated by IPTV providers offering live sports.

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JD Supra Law

JULY 26, 2024

The US Court of Appeals for the Fifth Circuit held that reprinting foreign law cannot be an infringement of US copyright law. Canadian Standards Association v. P.S. Knight Co., Ltd., Case No. 23-50081 (5th Cir. July 16, 2024) (King, Willett, Douglas, JJ.).

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The IPKat

JULY 26, 2024

As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte , Hiske Roos and Laura Mikkelsen and members from the team at Carpmael s we continue the journey, again visiting the Munich Local Division before venturing to the Court of Appeal's May decision.

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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?

Technology

JD Supra Law

JULY 26, 2024

The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other software-related emerging technologies (ET). This article synthesizes key takeaways and insights from the update and provides implications for innovators and patent practitioners.

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SpicyIP

JULY 26, 2024

New Form 27 The office of Controller General of Patents, Designs and Trademark (CGPDTM) issued a notice informing about the organization of a virtual public meeting for brainstorming on the new Form 27. The meeting will be organized on July 29 at 4:30 and can be joined by using the open house meeting link (can be accessed from here ). While the move to organize the public meeting should be appreciated, the extremely short notice (of merely 4 days!

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Designs Design Trademark Patent 60

TorrentFreak

JULY 26, 2024

App stores are littered with apps that promise free access to music, but only few live up to expectations. Musi is one of them. The music app made headlines in 2016 when its founders, who were teenagers at the time, presented their brainchild in an episode of the Canadian edition of Dragons’ Den. In essence, the software itself is relatively simple.

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Music Business Reporting Editing 60

JD Supra Law

JULY 26, 2024

Tracy Anderson, the mastermind behind the Tracy Anderson Method, sued ex-trainer Megan Roup for allegedly stealing her routines and licensing them to Equinox. The US District Court just ruled against Anderson’s copyright claim. Join Scott Hervey and Jamie Lincenberg from Weintraub Tobin on "The Briefing" as they discuss the case’s impact on fitness entrepreneurs.

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Copyright Licensing 68

IP Law 360

JULY 26, 2024

An analysis of Patent Trial and Appeal Board denials of institutions between May 2023 and May of this year highlights the board’s common reasons for denial, which can provide insight to both petitioners and patent owners in future proceedings, say Kevin Rodkey and Victor Palace at Finnegan.

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Patent 59

JD Supra Law

JULY 26, 2024

The United States Patent and Trademark Office (“USPTO”) periodically evaluates the delicate balance of the U.S. patent system to protect innovation without excessively stifling competition. U.S. patents give patent owners the exclusive right to exclude others from making, using, selling, or importing the claimed invention typically for 20 years; however, the risk of patent infringement can deter other companies from making innovative changes to the claimed invention and entering the market.

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Invention Patent Infringement Marketing Marketing 68

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.

Patent

The IPKat

JULY 26, 2024

The IPKat has received and is pleased to host the following guest contribution by Kimberley Evans (Pearce IP) regarding a recent Australian decision concerning inter alia the honest concurrent use and own name defences under Australian trade mark law. Here's what Kimberley writes: Fanatics about trade mark infringement, cancellation and honest concurrent use in Australia by Kimberley Evans In FanFirm Pty Limited v Fanatics, LLC [2024] FCA 764 , Justice Rofe of the Federal Court of Australia cons

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Registration Business Branding Brands 56

JD Supra Law

JULY 26, 2024

Tracy Anderson, the mastermind behind the Tracy Anderson Method, sued ex-trainer Megan Roup for allegedly stealing her routines and licensing them to Equinox. The US District Court just ruled against Anderson’s copyright claim. Join Scott Hervey and Jamie Lincenberg from Weintraub Tobin on "The Briefing" as they discuss the case’s impact on fitness entrepreneurs [VIDEO].

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Copyright Licensing 65

Likelihood of Confusion

JULY 26, 2024

Originally posted 2013-04-24 14:31:13. Republished by Blog Post PromoterCounterfeit Chic posts Knockoff News 59! The post Knockoffs, nu? appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

JULY 26, 2024

The US Court of Appeals for the Federal Circuit affirmed the grant of a preliminary injunction (PI) in the biopharmaceutical space, concluding that the plaintiff satisfied the requirements for injunctive relief, including likelihood of success on the merits. The injunction included “carve outs” for patients requiring access to the affected cancer detection kits.

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IP Law 360

JULY 26, 2024

A $2.78 billion deal to settle a massive class action targeting the NCAA's name, image and likeness compensation rules was submitted to a California federal judge for preliminary approval Friday, allowing for revenue sharing with athletes across all sports.

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JD Supra Law

JULY 26, 2024

The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy considerations rather than the totality of the circumstances. Lontex Corp. v. Nike, Inc., Case Nos. 22-1417; -1418 (3rd Cir. July 10, 2024) (Hardiman, Matey, Phipps, JJ.).

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IP Law 360

JULY 26, 2024

The first copyright trial arising from an artificial intelligence platform could provide intellectual property attorneys with insight into dozens of pending suits against AI companies, while the Tenth Circuit is reconsidering whether Netflix made fair use of a funeral clip in its "Tiger King" docuseries.

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Copyright Fair Use Intellectual Property 52

JD Supra Law

JULY 26, 2024

Addressing for the first time whether a district court can compel a witness to appear in person for testimony involving fraud on the court, the US Court of Appeals for the Federal Circuit affirmed the district court’s determination that it could require an in-person appearance of the sole corporate representative to make a credibility determination.

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Licensing 65

IP Law 360

JULY 26, 2024

In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.

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JD Supra Law

JULY 26, 2024

In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to the same test as utility patents. LKQ Corporation v. GM Global Technology Operations (Federal Circuit, May 21, 224).

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IP Law 360

JULY 26, 2024

A litigation outfit trying to cash out on patents issued to Japanese electronics company JVCKenwood has expanded its campaign against Amazon and Google with a second set of lawsuits in Virginia federal court.

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JD Supra Law

JULY 26, 2024

Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the invention from being novel and patented? Are there protective measures that can be taken to prevent the slide show from being considered a printed publication? The answer is YES!

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Invention Patent 62

IP Law 360

JULY 26, 2024

The Federal Circuit on Friday upheld a U.S. Patent and Trademark Office rule that can lead to Patent Trial and Appeal Board decisions rendering patent claims invalid in later office proceedings, but found in a case involving Apple and Motorola that the rule doesn't apply to issued claims.

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Trademark Patent 52

JD Supra Law

JULY 26, 2024

The US Patent & Trademark Office (PTO) issued a 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, which focuses on subject matter eligibility for artificial intelligence (AI)-based inventions. 89 Fed. Reg. 58128 (July 17, 2024).

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Invention Patent Trademark 62

IP Law 360

JULY 26, 2024

Generic-drug maker Mankind Pharma is bound to its promise not to challenge the validity of a patent covering Allergan's glaucoma drug Lumigan after a federal judge in Delaware shot down its argument that recent rulings on obviousness-type double patenting altered the litigation landscape.

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Litigation Patent 52

JD Supra Law

JULY 26, 2024

The Director of the US Patent & Trademark Office (PTO) overturned the Patent Trial & Appeal Board’s premature adverse judgment against a patent owner and remanded an inter partes review (IPR) proceeding based on the fact that the patent owner had initially instructed its counsel to cease work on the IPR while seeking new representation for related district court litigation, which contributed to the procedural delays.

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Litigation Technology Trademark Patent 62

Olartemoure Blog

JULY 26, 2024

Brazil’s National Institute of Industrial Property (INPI) has announced that the global limit for requests for accelerated technical examination through the Patent Prosecution Highway (PPH) program is approaching its peak for 2024. The PPH currently has a limit of 800 applications per annual cycle, which ends on December 31, 2024. After this date, or when the limit is reached, the PPH is reinstated and will be resumed in January 2025.

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Patent Prosecution Intellectual Property Patent 52

JD Supra Law

JULY 26, 2024

The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the German Federal Patent Court. Its decisions often have a signal effect for the outcome of litigation in Europe and beyond. In a number of recent decisions, the German Federal Patent Court has made critical rulings regarding prior art and public availability in nullity.

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Olartemoure Blog

JULY 26, 2024

The U.S. Patent and Trademark Office (USPTO) has issued a guidance update to address innovation in emerging technologies , which will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law of AI inventions during patent examination, appeal, and post-grant proceedings. This latest update brings more clarity and consistency to how the USPTO and applicants should evaluate the allowability of claim subject matter in patent applications and patents relating

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JD Supra Law

JULY 26, 2024

This is the second of two updates on the impact of Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., No. 22-2370, F.4th (7th Cir. 2024) on trade secret cases. The first update focused on the extraterritorial reach of the Defend Trade Secrets Act (DTSA).

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Olartemoure Blog

JULY 26, 2024

The Court of Justice of the Andean Community has issued three novel rulings that will be of great use to creators of audiovisual works who wish to use elements protected by intellectual property. In preliminary interpretation 237-IP-2021, the Court stated that the non-commercial use of a trademark without the owner’s authorization does not constitute trademark infringement.

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IP Law 360

JULY 26, 2024

Two Washington tribes are testing whether they can hold Big Oil companies accountable in state court for climate change-related catastrophes, the attorney general is defending a ban on large-capacity gun magazines, and a key test of the state's anti-patent troll law is set for trial.

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IP Watchdog

JULY 26, 2024

This week in Other Barks & Bites: the U.S. Court of Appeals for the Federal Circuit affirms the U.S. Patent and Trademark Office’s statutory authority to apply its estoppel provisions to claim validity rulings at the Patent Trial and Appeal Board; the U.S. Copyright Office issues a final rule creating a new group registration for frequently updated news websites; energy drink brand PRIME faces a trademark suit from the U.S.

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IP Law 360

JULY 26, 2024

Illinois attorneys say they are considering the path forward for Springfield corruption prosecutions following a recent U.S. Supreme Court ruling, as well as paying attention to what comes next in Motorola Solutions' trade secret contempt fight and potential new guidelines for music copyright cases. Here are the cases to watch in Illinois for the rest of 2024.

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IP Watchdog

JULY 26, 2024

In a recent publication titled “’Google for DNA’ indexes 10% of world’s known genetic sequences,” the journal, Science, addressed promising results of a new tool called MetaGraph. Developed by a Biomedical Informatics academic group from ETH Zurich, MetaGraph organizes and compresses publicly available sequence data into a searchable format.

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