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The belief that somehow everything is free on the internet was widespread in the late 1990s. Sites were overwhelmingly free and if MP3 files were spotted by an alert surfer, it was almost considered rude not to download them, bandwidth permitting. Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music.
Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral. The objections related not to the direct exploitation of the invention itself, but to the alleged dishonesty and breach of trust associated with how the invention was de
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed. And with an on-the-ground team in Germany, France, the United Kingdom and the United States, we offer a unique cross-border perspective.
The Artist Rights Symposium is back for a 4th year! This time hosted by American University’s Kogod School of Business and The Artist Rights Institute.
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?
The Colombian Superintendence of Companies released Official Document 115-300538, which outlines regulations on corporate group insolvency and highlights “share buybacks” as a tool for restructuring. This mechanism allows companies to repurchase their own shares, potentially improving financial health by redefining liabilities. According to IAS 32, redeemable shares are classified as financial liabilities, while optional buybacks are not.
The basis for obviousness-type double patenting (ODP) is found in 35 U.S.C. § 101, establishing an applicant is entitled to a single patent, “a patent” or the “first” patent, for an invention.
The Declaration of Helsinki establishes the ethical principles required for medical research with human participants. It was adopted in 1964 in Finland and is a global reference document. This declaration has been updated at the 75th General Assembly of the World Medical Association in October 2024, after a public consultation process on the new draft version.
The Declaration of Helsinki establishes the ethical principles required for medical research with human participants. It was adopted in 1964 in Finland and is a global reference document. This declaration has been updated at the 75th General Assembly of the World Medical Association in October 2024, after a public consultation process on the new draft version.
A California federal jury has awarded software company Synopsys Inc. nearly $550,000 in damages after its competitor, Real Intent Inc., was found to have breached contractual agreements by copying certain commands from Synopsys' software — but the defendants' counsel considers the damages award a victory.
On August 6, 2024, in Mobile Acuity Ltd. v Blippar Ltd., __F.4th__; 2024 U.S. App. LEXIS 17573* (Fed. Cir. Aug. 6, 2024), the Federal Circuit upheld the Rule 12 dismissal of Mobile Acuity’s patent infringement lawsuit against Blippar on the basis that the two patents-in-suit claimed ineligible subject matter under 35 U.S.C. § 101.
The Justice Department’s emerging criminal crackdown on corporate national security violations is putting increased pressure on white collar lawyers to be conversant, if not experts, on opaque, complex and swiftly evolving regulations.
On October 22, 2024, Alvotech and Teva announced that SELARSDI™ (ustekinumab-aekn) received FDA approval for a new presentation, 130 mg/26 mL (5 mg/mL) solution in a single-dose vial for intravenous infusion.
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.
A Florida state appellate panel upheld indirect criminal contempt against an Everglades scientist after a lower court found he violated an order to return data he allegedly took upon resigning from his previous nonprofit job following a falling out with the CEO and went to work for a rival organization.
Case Name: Astellas Pharma, Inc. v. Sandoz Inc., Nos. 2023-2032, 2023-2063, 2023-2089, 2024 WL 4219374 (Fed. Cir. Sept. 18, 2024) (Circuit Judges Lourie, Prost, and Reyna presiding; Opinion by Lourie, J.) (Appeal from D. Del., Bataillon, J.).
When we think of gravestones, we often focus on their sentimental or historical value. Yet, gravestones contain an unexpected legal aspect: copyright. Other common motifs of Halloween, such as scary […] The post Does Copyright Law Protect Gravestones? appeared first on Copyright Alliance.
NexStep, Inc. v. Comcast Cable Communications, LLC, Nos. 2022-1815, -2005, -2113 (Fed. Cir. (D. Del.) Oct. 24, 2024). Opinion by Chen, joined by Taranto. Opinion concurring in part and dissenting in part by Reyna.
Trademarks provide an advantage to businesses by distinguishing one’s product from others. However, it is common for infringers to use a similar mark in the industry and try to reap the goodwill that the initial user had secured over years. The pharma industry too faces the issue of similar marks being branded and sold. In this industry, the trademarks not only play a crucial role in distinguishing the marks but also ensures consumer safety.
Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The Briefing.
The Federal Circuit on Thursday upheld a set of Patent Trial and Appeal Board decisions that found three Centripetal Networks patents that cover detecting network threats were invalid, agreeing they were too obvious to warrant patent protection.
Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The Briefing.
Apple and Masimo will face off next week in their long-running feud over whether the tech giant misappropriated Masimo's trade secrets for some of the health-monitoring features used in newer versions of the Apple Watch. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
The Copyright Claims Board (CCB) was established by the Copyright Alternative in Small-Claims Enforcement Act passed by Congress on December 27, 2020 and began accepting claims in June 2022. It is a voluntary and virtual alternative to federal court for resolving copyright disputes up to $30,000. For further background, see our prior blog post.
The First Amendment protects Nirvana's 1991 "Nevermind" album art, the Recording Industry Association of America has told a California federal court in an amicus brief, warning that allowing child pornography claims by the man featured naked as a baby in the artwork threatens to broadly chill artistic expression.
On October 25, 2024, the Librarian of Congress Carla Hayden adopted a final rule granting exemptions to a Digital Millennium Copyright Act (DMCA) provision that prohibits circumvention of technological measures that control access to copyrighted works. The new final rule went into effect October 28, 2024.
A New York federal judge has greenlighted most claims in Citadel Securities' lawsuit accusing a Swiss cryptocurrency trading firm founded by two of its former employees of stealing its trade secrets, while tossing those asserted against the firm's French angel investor for lack of jurisdiction.
The Board upheld a refusal to register the design mark shown below, for jewelry and for "Clothing, namely, t-shirts, socks, hoodies" on the ground that under Sections 1, 2 and 45 of the Trademark Act, the proposed mark, as used on the specimens of record, is merely a decorative or ornamental feature of the goods and does not function as a trademark to indicate their source.
A Virginia federal judge has ruled that cybersecurity company Palo Alto Networks didn't infringe one of the patents in a case where a jury awarded rival Centripetal $151.5 million, reducing that amount to $113.6 million.
Diwali, often called the “Festival of Lights,” is one of India’s most beloved and widely celebrated festivals. Rooted in ancient Hindu mythology and observed by millions across the globe, Diwali embodies the triumph of light over darkness, knowledge over ignorance, and good over evil. Its origins trace back to several ancient stories that vary across regions, yet share common themes of righteousness, honor, and hope.
A North Carolina federal judge has thrown out a disbarred attorney's suit against the U.S. Patent and Trademark Office, stating that the former lawyer failed to timely object to a recommendation that the case be dismissed and that his stated reason for missing the deadline was "not credible.
In a recent decision, the Regional Court of Munich (LG München) found that the protected geographical indication (PGI) “Nürnberger Rostbratwürste” had not been infringed by a competitor’s mini sausages ( 33 O 4023/23 ). The case might well be the first application of the recently adopted Regulation (EU) 2024/1143 on geographical indications for wine, spirit drinks and agricultural products.
Seirus Innovative Accessories Inc. will be able to pursue its defense that a Columbia Sportswear clothing design patent is invalid as obvious "under the new, less-rigid approach" established by the Federal Circuit in an "extraordinary" decision earlier this year, a California federal judge ruled.
Photo by Markus Spiske on Unsplash Once again, the Court of Justice of the European Union (CJEU) has been asked to provide clarity on the concept of “communication to the public” as laid down in article 3 of the 2001 Copyright in the Information Society Directive (InfoSoc Directive). On 20 September 2024, the Dutch Supreme Court referred preliminary questions to the CJEU regarding the legal implications of geoblocking in the context of the right to communication to the public.
A Native American nonprofit is suing an Oregon environmental consulting firm, alleging that its founder and chief executive officer divulged the trade secrets information of tribes and others and made false accusations to donors that it was mismanaging funds.
Originally posted 2014-12-17 14:54:21. Republished by Blog Post Promoter[stextbox id=”info”]Now an annual Hanukkah “tradition,” this was first posted as “Blawg Review #242” in December 2009. As with the previous recycled Hannukah blawg review, I’ve changed the spelling of the holiday to Hanukkah to reflect standard usage.
Famed former Detroit Lions running back Barry Sanders is the subject of a new copyright infringement lawsuit, with the same professional photographer who is separately suing the NFL team and other entities over the same alleged misuse of a copyrighted photo.
This case involves the following screens: You may need to enlarge the images to see the purported call-to-action. In the top image, it’s purple lettering on a purple background. Serisouly, who does that? The green one is only slightly easier to see. The court (correctly) calls this implementation a “sign-in-wrap” (ugh), but still goes through the standard analysis to identify consumers’ manifestation of assent.
Several textbook publishers have urged a Manhattan federal judge to keep their copyright and trademark infringement suit against Google intact, alleging the tech giant has profited from the sale of pirated textbooks it advertises in searches, contrary to the company's assertions.
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