TorrentFreak

OCTOBER 31, 2024

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.

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Fair Use Social Media Copyright Copyright Infringement 120

Kluwer Copyright Blog

OCTOBER 31, 2024

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.

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Public Domain Copyright Publishing Law 119

The IPKat

OCTOBER 31, 2024

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

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Invention Patent Art IP 108

JD Supra Law

OCTOBER 31, 2024

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.

Intellectual Property 106

Intellectual Property Patent Invention 106

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

IP Law 360

OCTOBER 31, 2024

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.

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Copying IP 98

Likelihood of Confusion

OCTOBER 31, 2024

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.

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Blogging 98

JD Supra Law

OCTOBER 31, 2024

With the allure of tax incentives for foreign derived intangible income and an increase in foreign audits scrutinizing transfer pricing, bringing intellectual property (IP) back to the United States is increasingly attractive. Newly issued final IP repatriation regulations make the tax consequences of repatriating previously offshored IP more predictable and eliminate the risk of potential double taxation.

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Intellectual Property IP 77

IP Law 360

OCTOBER 31, 2024

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.

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IP and Legal Filings

OCTOBER 31, 2024

The “Serious Fraud Investigation Office (SFIO)” has been making headlines recently. The investigating authority is investigating the highly-publicized case of Heera Gold Exim Pvt. Ltd. The company has been accused of fraud and cheating by the investors who have not received the promised dividends and maturity amount from Heera Gold Exim Pvt. Ltd. [1] The investigation is still underway and the case is yet to be decided.

Government 77

Government Law Reporting Blogging 77

Technology & Marketing Law Blog

OCTOBER 31, 2024

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.

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Privacy Blogging Designs Design 75

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 Trichordist

OCTOBER 31, 2024

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.

Business 76

Business Music Copyright 76

JD Supra Law

OCTOBER 31, 2024

The US Court of Appeals for the Tenth Circuit affirmed that a district court did not err in applying ordinary rules of contract construction to a covenant not to sue and properly found that under the patent exhaustion doctrine, the covenant encompassed downstream users. Fuel Automation Station, LLC v. Energera Inc., Case Nos. 23-1123; -1358 (10th Cir.

Patent Infringement 68

Patent Infringement Contracts Patent 68

Copyright Alliance

OCTOBER 31, 2024

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.

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Copyright Law Copyright Law 65

JD Supra Law

OCTOBER 31, 2024

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.

Patent Infringement 68

Patent Infringement Law Patent 68

The IPKat

OCTOBER 31, 2024

AI has been hailed as a potentially revolutionary tool for accelerating and enhancing the difficult and expensive process of drug discovery. Medicine perhaps represents the field in which AI has the most to offer humanity. However, the nascent field of AI-assisted drug design also highlights the need for IP strategy to be as forward-looking and innovative as the science it seeks to protect.

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IP Patent Application Technology Inventor 64

JD Supra Law

OCTOBER 31, 2024

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.

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Intellectual Property Patent Designs Design 68

Michael Geist

OCTOBER 31, 2024

The government’s deeply flawed attempt to force tech platforms to pay Canadian news outlets for linking to news is nearing its payout. The CRTC this week formally exempted Google from negotiating individual agreements and facing a potential mandated arbitration system in return for a lump sum $100 million annual payment. The $100 million deal was the government’s last ditch attempt to salvage the Online News Act as its insistence that tech platforms would never walk away from news proved to be d

Government 63

Government Advertising Advertising Journalism 63

JD Supra Law

OCTOBER 31, 2024

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.

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The IPKat

OCTOBER 31, 2024

In the spirit of Halloween, the IPKat is bringing you a spooky trade mark infringement decision. It involves the iconic skull bottle of Crystal Head Vodka and a hauntingly similar skull-shaped bottle design. The decision of the Higher Regional Court of Hamburg probably sent shivers down the spine of the defendant. Background Globefill owns EU trade mark no. 015736622 , registered in 2017 inter alia for ‘vodka’.

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Cease and Desist Art Designs Design 60

JD Supra Law

OCTOBER 31, 2024

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.).

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Patently-O

OCTOBER 31, 2024

by Dennis Crouch DISH Network is seeking en banc review of a Federal Circuit panel decision that vacated a $3.9 million attorney fee award to the victorious defendant in Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C. , 113 F.4th 1348 (Fed. Cir. 2024). The petition challenges the panel's approach to reviewing district court fee determinations under 35 U.S.C. § 285, arguing that it contradicts Supreme Court precedent of both Octane Fitness and Highmark , which provided district courts wit

Litigation 59

Litigation Patent 59

JD Supra Law

OCTOBER 31, 2024

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.

Patent 66

Patent 66

Selvam & Selvam Blog

OCTOBER 31, 2024

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.

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Trademark Registration Brands Branding 52

JD Supra Law

OCTOBER 31, 2024

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.

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IP Law 360

OCTOBER 31, 2024

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.

Patent 52

Patent 52

JD Supra Law

OCTOBER 31, 2024

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.

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IP Law 360

OCTOBER 31, 2024

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.

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Intellectual Property IP 52

JD Supra Law

OCTOBER 31, 2024

In an appeal stemming from the denial of a preliminary injunction and dismissal of the complaint, the US Court of Appeals for the Federal Circuit clarified its precedent and explained that a district court may construe claims at the motion to dismiss Rule 12(b)(6) stage, but only to the extent necessary to decide the motion. UTTO Inc. v. Metrotech Corp., Case No. 23-1435 (Fed.

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IP Law 360

OCTOBER 31, 2024

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.

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Art Artwork 52

JD Supra Law

OCTOBER 31, 2024

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.

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Copyright Blogging 63

IP Law 360

OCTOBER 31, 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.

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JD Supra Law

OCTOBER 31, 2024

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.

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Copyright Technology 61

IP Law 360

OCTOBER 31, 2024

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.

Patent 52

Patent 52

Olartemoure Blog

OCTOBER 31, 2024

GRIDX is a company based in Buenos Aires, Argentina, dedicated to connecting scientists with investors and entrepreneurs to create biotech startups with global impact potential. As part of its mission, the company has launched the IGNITE call for applications, which is currently open. This program, conducted online during three months, links teams of scientists from all over Latin America with investors from different parts of the world to transform their ideas into startups that address current

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Intellectual Property Marketing Marketing 52

IP Law 360

OCTOBER 31, 2024

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.

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Trademark Patent 52