IP Watchdog

SEPTEMBER 27, 2024

This week in Other Barks & Bites: the Federal Trade Commission (FTC) appeals a Florida court’s ruling on its proposed ban on noncompete agreements; two Nobel Prize winners ask to cancel their groundbreaking CRISPR patent to avoid a potential legal cancellation of the patent; and the Trademark Trial and Appeal Board (TTAB) invalidates four superhero trademarks owned by comic giants DC and Marvel.

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Trademark Copyright Infringement Copyright Patent 111

TorrentFreak

SEPTEMBER 27, 2024

Despite warnings from internet experts, the government passed a law in 2023 aimed at combating illegal IPTV services. However, the legislation has failed to achieve its intended outcomes. What followed wasn’t a meeting of minds with all stakeholders involved, but a steely determination to make the system work for the rightsholders. For a framework that had measures in place to punish internet companies for failing to block, but nothing in place to punish rightsholders for blocking innocent

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Reporting IP Law Government 109

SpicyIP

SEPTEMBER 27, 2024

In an important order concerning claim amendments, the Controller has recently ruled that any new amendments to the claims cannot exceed the scope of the lastly amended claims. The decision was passed by Dr. S. P. Subramaniyan and concerned the patent application number 9790/ CHENP/ 2011 filed by M/s. Nippon Shinyaku Co. Ltd. Here, the applicant originally filed 11 claims, with claims 1-3 related to crystal forms I, II, and III; claims 4-8 related to composition/product; and claims 9-11 related

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Patent Application Patent 105

IP Law 360

SEPTEMBER 27, 2024

A Delaware federal jury decided Friday that Amazon Web Services infringed two computer network patents that were once owned by Boeing, and told the tech giant to pay $30.5 million in damages.

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Patent 98

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

SEPTEMBER 27, 2024

In this quarterly update, we review the latest developments in three subjects salient to corporate use of artificial intelligence (AI). First, we discuss the risks associated with AI, the case for board oversight and how the board can exercise oversight over management’s implementation of AI. Second, we review recent trends in AI Intellectual Property (IP) litigation.

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Intellectual Property Litigation IP Law 77

IP Law 360

SEPTEMBER 27, 2024

A Texas federal jury told IBM on Friday that its blockchain software infringes two patents by a small tech developer and that it owes $19.5 million, far less than the $167 million the developer asked for.

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Patent 98

Patently-O

SEPTEMBER 27, 2024

by Dennis Crouch The United States Patent and Trademark Office (USPTO) has disclosed a significant error in its patent term adjustment (PTA) calculations, potentially affecting patents issued between March 19, 2024, and July 30, 2024. The USPTO discovered a coding error introduced in a recent software update. This error specifically affected two aspects of the PTA calculation: 1.

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Patent Trademark 81

JD Supra Law

SEPTEMBER 27, 2024

The mergers and acquisitions (M&A) landscape in the sports industry has remained notably active and attractive to investors, driven by continuous digital transformation and global franchise investments. Since 1985, the sports industry has recorded 5,724 M&A transactions, amounting to $1.7 trillion, highlighting a sustained growth trajectory.

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The Trichordist

SEPTEMBER 27, 2024

The MIC Coalition resurfaces, now with additional hatred of the free market.

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Marketing Marketing 105

JD Supra Law

SEPTEMBER 27, 2024

Ever since the Supreme Court's decision in Dickinson v. Zurko, federal courts (including the Federal Circuit) are compelled under the Administrative Procedures Act to review factual determinations by the U.S. Patent and Trademark Office under a substantial evidence standard. The consequences of this standard are illustrated (once again) in the Federal Circuit affirming.

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Trademark Patent 73

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

IP Watchdog

SEPTEMBER 27, 2024

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an opinion affirming a district court’s decision to grant the U.S. Patent and Trademark Office’s (USPTO) motion to dismiss for failure to state a claim in a contested patent case. Appellant/Plaintiff Eula Winfrey had initiated the claim in the U.S. District Court for the Middle District of Georgia, seeking “relief for the issue of two pillaged patents” as well as damages from the USPTO.

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Patent Trademark Litigation Intellectual Property 59

JD Supra Law

SEPTEMBER 27, 2024

The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of The Briefing.

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Marketing Marketing Business 71

IP Watchdog

SEPTEMBER 27, 2024

Renner Otto, a growing intellectual property (IP) law firm located in Cleveland’s Playhouse Square, is looking for a Trademark Associate. Renner Otto is committed to providing a world-class work environment with very competitive compensation for outstanding work. Compensation is commensurate with experience and may include salary or percentage of billings in addition to comprehensive benefits, including health, dental, life, 401(k) and many other excellent benefits.

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Trademark Intellectual Property IP Marketing 59

JD Supra Law

SEPTEMBER 27, 2024

The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of The Briefing.

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Marketing Marketing Business 71

IP Law 360

SEPTEMBER 27, 2024

Nixon Peabody LLP has bolstered its intellectual property practice with the appointment of a deputy leader and two recent hires, continuing the firm's investments in that team.

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Intellectual Property IP 52

JD Supra Law

SEPTEMBER 27, 2024

Last week, over the course of a single day, California Governor Gavin Newsom made headlines by signing into law five new bills tackling complex issues involving digital replicas and deepfakes. Two of the bills are aimed at “digital replicas,” and the other three address concerns about deepfakes relating to elections.

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Law 68

IP Law 360

SEPTEMBER 27, 2024

Federal Communications Commission chairwoman Jessica Rosenworcel vowed during a speech Friday to take a strong position on enforcing the Telephone Consumer Protection Act against AI-generated robocalls and noted the FCC is considering new AI election-related disclosure regulations, quoting pop singer Taylor Swift who said, "The simplest way to combat misinformation is with the truth.

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JD Supra Law

SEPTEMBER 27, 2024

Starting a company by licensing technology from a university is a complex process with unique challenges and opportunities. Here are the most critical points for founders to consider when navigating university technology licensing.

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Licensing Technology 68

IP Law 360

SEPTEMBER 27, 2024

Western Digital has asked a California federal court to either toss a jury's $262 million verdict against it and rule that the hard drive maker did not infringe any MR Technologies patents, or order a new trial in the dispute over technology that increases storage capacity of disk drives.

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Patent Technology 52

JD Supra Law

SEPTEMBER 27, 2024

On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. Since then, the Office québécois de la langue française (OQLF) has published on its website a guide – currently available only in French – on the new rules for trademarks appearing on products.

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Trademark Publishing Business 68

IP Law 360

SEPTEMBER 27, 2024

An advocate for lowering drug prices squared off Friday against a former U.S. Patent and Trademark Office director about the potential risk of accepting government funds to develop drugs, as part of a discussion at New York University School of Law.

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Government Trademark Law Patent 52

JD Supra Law

SEPTEMBER 27, 2024

American patent law is evolving to allow damages for foreign sales of infringing products. Both American companies making sales abroad and foreign companies with exposure to American supply chains should take note. Previous strategies to potentially escape the reach of the U.S. patent laws may no longer be useful. This uncertainty may be worthy of additional legal scrutiny.

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Law Patent Patent Law 66

IP Law 360

SEPTEMBER 27, 2024

A Florida federal judge has awarded more than $1.3 million in attorney fees to a timeshare company that prevailed in a lawsuit against a Wyoming company over a false advertising scheme encouraging customers to stop paying for their properties, after agreeing the marketers pursued an "exceptionally weak case" that would not succeed.

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False Advertising Advertising Advertising Marketing 52

JD Supra Law

SEPTEMBER 27, 2024

Precedential and Key Federal Circuit Opinions - 1. ASTELLAS PHARMA v. SANDOZ INC. [OPINION] (2023-2032, 2023-2063, 2023-2089, 9/18/24) (Lourie, Prost, Reyna) - Lourie, J. The Court vacated and remanded the district court’s finding that the asserted claims are invalid under 35 U.S.C. § 101 as directed to an ineligible natural law. Because no party had raised an invalidity challenge under § 101, the Court found the district court abused its discretion by disregarding the principle of party.

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Litigation Patent Law 66

IP Law 360

SEPTEMBER 27, 2024

Two Seventh Circuit judges seemed unsure Friday that they saw enough evidence of copying to reverse rapper French Montana's summary judgment win over claims that he infringed a California producer's sound recording copyright to make his song "Ain't Worried About Nothin'.

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Copying Copyright 52

JD Supra Law

SEPTEMBER 27, 2024

Trademark scams are on the rise, again. In the five years since we initially published this advisory, scammers have honed their tactics, using advanced technology to distribute misleading solicitations and invoices related to trademarks. Many clients report receiving a steady stream of these deceptive communications.

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Likelihood of Confusion

SEPTEMBER 27, 2024

Originally posted 2009-08-27 17:38:37. Republished by Blog Post PromoterNoel Sheppard (via Insty) smells a rat: [T]he photo sharing website Flickr removed the Obama Joker picture that was later transformed into posters showing up in cities around the country. At the time, Flickr claimed it had acted on advice of counsel due to legal issues involving copyright […] The post No joke appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

SEPTEMBER 27, 2024

On July 2, 2024, in Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., 108 F.4th 458 (7th Cir. 2024), the U.S. Court of Appeals for the Seventh Circuit held as a matter of first impression at the appellate level that the Defend Trade Secrets Act (DTSA) has extraterritorial reach, and therefore a trade secret owner can.

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Law 61

IP Law 360

SEPTEMBER 27, 2024

Lawyers for The Walt Disney Co. urged a California federal judge Friday to throw out an animator and writer's lawsuit alleging the company stole his ideas for the hit movie "Moana," saying there's not a single piece of evidence meriting a jury trial.

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Copyright 52

JD Supra Law

SEPTEMBER 27, 2024

On September 10, 2024, District Judge Paul G. Gardephe (S.D.N.Y.) granted in part Defendant Adobe, Inc.’s motion to dismiss for failing to plead “facts sufficient to establish infringement.”.

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Patent Infringement Patent 61

IP Law 360

SEPTEMBER 27, 2024

An online hemp retailer has narrowed a North Carolina farm's lawsuit alleging the retailer doctored its THC reports before listing the farm's products for sale online, with a state Business Court judge finding they aren't competitors and the farm otherwise failed to show the retailer tried to pass off the hemp producer's products as its own.

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Reporting Business 52

JD Supra Law

SEPTEMBER 27, 2024

In the world of furniture design, aesthetics often play as crucial a role as functionality since the unique appearance of a furniture piece can set it apart in a competitive marketplace and help establish a brand’s identity. Fortunately, design patents are uniquely suited to protect the visual innovation embedded in furniture designs, and can help to safeguard company investment in the creation of unique offerings.

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Design Patent Design Designs Patent 61

IP Law 360

SEPTEMBER 27, 2024

Sen. Elizabeth Warren, D-Mass., has chided defense contractors for seeking to "sabotage" efforts to require them to cough up parts and data allowing the U.S. Department of Defense to repair its own equipment, while urging the DOD to take action on related restrictions.

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Traverse Legal Blog

SEPTEMBER 27, 2024

Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. Many of our clients have a history of trying to protect their brand and products through various tactics, including the Amazon Brand Registry , threat letters, alleging infringement, and monitoring.

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Branding Brands Branding Marketing 52

IP Law 360

SEPTEMBER 27, 2024

The U.S. Patent and Trademark Office has canceled DC Comics and Marvel Characters Inc.'s jointly owned trademarks for "super hero" and variations of the term after a U.K.-based business that creates stories of super hero babies argued the term is generic and has been abandoned by DC Comics and Marvel.

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