JD Supra Law
OCTOBER 7, 2024
I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on my floor as I read it cover to cover more times than I could count. Worlds collided, and it blew my mind that DC and Marvel could produce a team-up along these lines.
Nelligan Law
OCTOBER 7, 2024
Reading Time: 2 minutes Short Answer: Personal Injury Claim: Two (2) years to file Accident Benefits Claims: Thirty (30) day Longer Answer: You generally have two (2) years from the date of your accident or injury to file a claim in Ontario. Accident Benefits claims must be filed within thirty (30) days of the accident. It is important to remember that if you miss this deadline, you may lose your right to seek compensation.
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IP Law 360
OCTOBER 7, 2024
A federal jury in Austin, Texas, has rejected a $361 million patent case from a longtime ExxonMobil employee who had targeted in-house cybersecurity hardware used in Apple iPhones.
IIPRD
OCTOBER 7, 2024
Introduction In the quickly developing scenery of the recent business the startups stand as the indications of modernization which brings the new concepts and fresh products or the amenities to the market. The pathway to feat for this young innovativeness is troubled with challenges from obtaining the subsidy for shielding their exceptional notions in contradiction of the opposition.
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
OCTOBER 7, 2024
Apple did not deceive the U.S. Patent and Trademark Office when obtaining design patents, a Delaware federal judge ruled Monday, shooting down a key argument from Masimo Corp. as the parties continue to fight over the market for smartwatches.
TorrentFreak
OCTOBER 7, 2024
Last month, Apple removed the popular music streaming app Musi from its App Store. The removal is rather significant because the app has millions of users. Apple’s action didn’t come as a complete surprise, as music industry groups had been trying to take the app down for months. They branded Musi a ‘parasitic’ app that skirts the rules.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
OCTOBER 7, 2024
As the U.S. Supreme Court lifts the curtain on a new term, the justices are slated to consider a variety of cases impacting the work of trial litigators, including a death penalty case over a state-disavowed conviction, the boundaries of the Racketeer Influenced and Corrupt Organizations Act, and corporate veil piercing.
JD Supra Law
OCTOBER 7, 2024
Brands’ social media feeds are getting attention lately, but not always for the right reasons. We’ve covered social media advertising risks in our ADventures in Law blog before.
Kluwer Copyright Blog
OCTOBER 7, 2024
With an order (Cass., ord. no.11413/2024) that suprisingly triggered little attention, at the end of last April the Italian Supreme Court (Corte di Cassazione) proffered yet once more its original approach and reading of the principles inspiring the EU copyright harmonization – and particularly of those developed by the CJEU case law. This time, the casus belli came from a question related to the requirements needed to allow the cumulation of design and copyright protection for works of industri
JD Supra Law
OCTOBER 7, 2024
Everyone is closely watching developments in the artificial intelligence (AI) space in terms of advancements, regulations, and investment. As we go to print on this post, SoftBank’s Vision Fund has just announced its agreement to invest $500 million in OpenAI’s latest funding round, valuing the developer of ChatGPT at $150 billion on a pre-money basis, according to industry reports.
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.
The TTABlog
OCTOBER 7, 2024
Yours truly, the TTABlogger , will give a virtual presentation entitled "Meanwhile Back at the TTAB" on October 9th at 2:45 PM at the 34th All Ohio Annual Institute on Intellectual Property (AOAIOIP) - part of a two-day virtual webinar (October 8 and 9) covering recent developments in patent, trademark, copyright and advertising law. A brochure describing the sessions may be found here.
JD Supra Law
OCTOBER 7, 2024
On September 27, 2024, Formycon AG (“Formycon”) and its commercialization partner Fresenius Kabi (“Fresenius”) jointly announced that the European Commission (EC) has issued a marketing authorization for FYB202/OTULFI™ (ustekinumab-aauz), a biosimilar to STELARA®.
The IPKat
OCTOBER 7, 2024
Kat-gathering Autumn is in full swing in the Northern hemisphere and so are activities, events, and developments in the IP field. Take a look below for the latest news! Also: don't forget to check our Events page on a regular basis, including to register to attend our own webinar 'Image Rights in the Age of AI: Less is More or More is Better? ' on 30 October 2024.
JD Supra Law
OCTOBER 7, 2024
Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included. Litigations relating to disputes between two reference product sponsors, or non-practicing entities/universities and reference product sponsors are not included.
The IPKat
OCTOBER 7, 2024
The consistent case law of the EU courts on the inherent distinctiveness of colour marks is very restrictive and currently challenged by INTA, MARQUES and OMV in appeal proceedings before the General Court (IPKat here ). This court confirmed the restrictive approach lately in a decision concerning four colour combination position trade marks. Background On 30 September 2019, Väderstad Holding AB (‘Väderstad’) filed the following trade mark applications with the European Union Intellectual Proper
JD Supra Law
OCTOBER 7, 2024
In view of the Supreme Court's "long conference" on September 30th, it seems timely to review the arguments, pro, con, and amicus briefs submitted to the Court asking for certiorari over the Federal Circuit's In re Cellect decision. While that Court's recent Allergan USA Inc. v. MSN Laboratories Private Ltd. opinion may have made the issues.
IP Law 360
OCTOBER 7, 2024
The U.S. International Trade Commission's chief judge is recommending the agency block a Hong Kong drug developer from potentially marketing unapproved treatments for a type of liver disease for the next seven years, a win for another company behind a different unapproved treatment for the same type of liver disease.
JD Supra Law
OCTOBER 7, 2024
The wine industry, with its rich history and vibrant marketplace, relies heavily on branding and innovation. Protecting your brand and other intellectual property (IP) is crucial for maintaining a competitive edge and safeguarding your business.
IP Watchdog
OCTOBER 7, 2024
On April 3, 2024, the United States Patent and Trademark Office (USPTO) published a 266-page Notice of Proposed Rulemaking (NPRM) on “Setting and Adjusting Patent Fees during Fiscal Year 2025” (89 FR 23226), with proposed selective and in some cases extraordinary increases in fees for the fiscal years 2025-2029. These proposed increases in fees for patent activities have been controversial among stakeholders.
JD Supra Law
OCTOBER 7, 2024
On September 19, 2024, the European Medicines Agency (EMA) Committee for Medicinal Products for Human Use (CHMP) adopted a positive opinion for Sandoz’s aflibercept biosimilar AFQLIR.
IP Law 360
OCTOBER 7, 2024
The U.S. Supreme Court on Monday turned down several petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures.
JD Supra Law
OCTOBER 7, 2024
Before Reyna, Cunningham and Albright. Appeal from the United States District Court for the District of Colorado. Summary: A claim that an unpatented product feature is “patented,” “proprietary,” or “exclusive” may violate Section 43(a)(1)(B) of the Lanham Act.
IP Law 360
OCTOBER 7, 2024
Atrium Medical Corp. has urged the full Ninth Circuit to reconsider a panel ruling siding with rival medical product maker C.R. Bard in a $52.8 million lawsuit over patent royalty provisions, saying the panel "inappropriately dispensed with the evidence adduced below and the district court's fact-finding.
JD Supra Law
OCTOBER 7, 2024
Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
OCTOBER 7, 2024
A Kentucky federal judge declined PetSmart's bid to narrow a dog food company's intellectual property lawsuit against the pet products retailer, holding that the case qualifies for an exception that allows courts to intervene in pending matters before the U.S. Patent and Trademark Office.
JD Supra Law
OCTOBER 7, 2024
In an eagerly awaited decision, the Hamburg Regional Court is now the first in Germany to rule on AI training datasets under EU copyright law. While the court managed to avoid the most controversial issue, namely whether the use of web-scraped images for AI training can be privileged under EU copyright law, the decision provides useful first guidance on the aggregation of such data for AI training and on the requirements for a rightsholder’s (machine-readable) reservation of use online.
IP Law 360
OCTOBER 7, 2024
American Airlines Inc. claims that airfare search engine Skiplagged Inc. cost it $18 million by masquerading as an authorized agent of the airline, but Skiplagged told a Texas jury Monday that American sued it to limit customers' "freedom of choice.
JD Supra Law
OCTOBER 7, 2024
Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant legal points - in order to assist clients seeking to identify recent law relevant to a particular problem. By: Baker Botts L.L.P.
Velocity of Content
OCTOBER 7, 2024
EdTech and curriculum development companies, districts, and schools strive to create engaging, culturally responsive, and standards-aligned lessons. However, navigating the vast sea of published content while ensuring copyright compliance can be a complex and daunting task. Recognizing these challenges, CCC is introducing its newest academic offering, RightFind Curriculum , a combined content and licensing solution.
JD Supra Law
OCTOBER 7, 2024
On September 30, 2024, the United States Patent and Trademark Office (USPTO) announced that the last day of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) is set for December 14, 2024.1 The program was set to run through September 30, 2024, but was extended to December 14, 2024, to accommodate applicants that may be in the process of preparing to use the program.
IP Law 360
OCTOBER 7, 2024
The owner of music label Lil' Joe Records took the stand Monday as he began to make the case that the members of hip-hop group 2 Live Crew were employees, not independent contractors, when they produced their hits and therefore cannot claw back their rights to the recordings.
JD Supra Law
OCTOBER 7, 2024
The US Patent and Trademark Office (USPTO) has announced that a recent update to its software “introduced a coding error into the patent term adjustment software the agency uses to perform patent term adjustment (PTA) determinations.”.
IP Law 360
OCTOBER 7, 2024
An attorney for Purdue Pharma didn't seem to find much purchase at the Federal Circuit on Monday as he argued that the company's patents for abuse-deterrent OxyContin weren't obvious, claiming other companies had ample opportunity to reach a solution and failed to do so.
JD Supra Law
OCTOBER 7, 2024
On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted on October 5, 2023. Now, future attempts by the Office to establish additional procedures governing pre-issuance circulation and review of decisions may not involve participation (either directly or indirectly) by a PTAB Management Judge, officer, or employee external to the.
IP Law 360
OCTOBER 7, 2024
A Connecticut home security monitoring company has accused a sales contractor of purchasing a list of 20,000 of its accounts from a service technician and trying to lure a colleague into helping him sell the secret data to competitors, causing an alleged "substantial loss of customers.
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