Plagiarism Today
AUGUST 28, 2024
Two recent scandals, one involving Lionsgate films and the other involving Elon Musk, have highlighted why citation is important for readers. The post Megalopolis, Elon Musk and the Importance of Citation appeared first on Plagiarism Today.
IP Watchdog
AUGUST 28, 2024
Last week, a magistrate judge in the Eastern District of New York issued a report and recommendation supporting the entry of default judgment and a permanent injunction against 85 corporate and individual defendants sued by U.S. medical device company Abbott Laboratories. While the report recommended denial of Abbott’s motion for prejudgment interest, the magistrate judge found that enhanced damages totaling more than $54 million should be awarded to Abbott for loss of goodwill following the de
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Plagiarism Today
AUGUST 28, 2024
Anthropic tries to avoid injunction, fashion firms fight over shoes in Denmark and several major anime pirate sites go dark. The post 3 Count: Fashionable Copyright appeared first on Plagiarism Today.
IP Law 360
AUGUST 28, 2024
An Illinois federal judge has revived a 7-year-old judgment she entered against a farmer who allegedly prevented a farm from collecting some of its patented Monsanto soybean seed crops planted on the farmer's land and sold them for himself without permission.
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?
JD Supra Law
AUGUST 28, 2024
The Federal Trade Commission has finalized a new rule aimed at curtailing false, misleading, and otherwise fraudulent reviews on online retail sites. Fake reviews are a significant problem for the big e-commerce platforms, given that a robust customer review system is crucial to modern e-commerce business models. In fact, studies have shown that a one-star rating increase in a product review can result in as much as a 26% increase in sales.
IP Watchdog
AUGUST 28, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today upheld two district court judgments for Apple, Inc. that found Wisconsin Alumni Research Foundation (WARF) had 1) abandoned its doctrine-of-equivalents theory (“WARF I”) and 2) that a second suit claiming infringement of the same patent via next-generation Apple products was barred by the previous decision (WARF II).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
43(B)log
AUGUST 28, 2024
Montera v. Premier Nutrition Corporation, F.4th -, 2024 WL 3659589, No. 22-16375, 22-16622 (9 th Cir. Aug. 6, 2024) The key legal issue here arises from the quirk that NY bans GBL §§ 349 and 350 class actions in state court, but they can be brought in federal court. Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%.
JD Supra Law
AUGUST 28, 2024
The Federal Circuit’s decision in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., has garnered significant attention, especially concerning the application of the “safe harbor” provision under 35 U.S.C. § 271(e)(1). The Federal Circuit’s ruling, and the subsequent denial of Edwards’s petition for rehearing en banc, underscores the breadth of the safe harbor, putting to bed the question of whether “solely” means “only” in the context of the safe harbor.
43(B)log
AUGUST 28, 2024
Pacira Biosciences, Inc. v. Nephron Sterile Compounding Center, LLC, No. 3:23-5552-CMC, 2024 WL 3656489 (D.S.C. Jul. 15, 2024) Pacira, which sells non-opioid pain management products, including Exparel, sued Nephron for false advertising. Exparel is “bupivacaine suspended in multivesicular liposomes,” and is injected at a surgical site during or shortly after surgery to manage and reduce post-surgical pain.
JD Supra Law
AUGUST 28, 2024
Historically, the Olympic Games rank high as one of the most effective international marketing platforms in the world, reaching billions of people in more than 200 countries and territories across the globe. The International Olympic Committee (IOC), the governing body of the Olympics, capitalizes on this marketing opportunity to support the staging of the Olympic Games and to promote the development of sports worldwide by distributing more than 90 percent of its revenues to organizations.
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.
IP Law 360
AUGUST 28, 2024
The Federal Circuit ruled Wednesday that the Wisconsin Alumni Research Foundation cannot pursue new allegations that Apple infringes its circuit patent, after a previous $506 million verdict against the tech giant was thrown out on appeal.
JD Supra Law
AUGUST 28, 2024
Takeaways: 1. ODP in reexamination and reissue remains unpredictable despite Allergan 2. Patent Owners should carefully review ODP rejections to ensure they are proper Obviousness-type double patenting (ODP) is a legal doctrine intended to prevent the unjustified extension of a patent term through prosecution gamesmanship. Yet, it has become a strong weapon in reexamination practice.
IP Law 360
AUGUST 28, 2024
A Michigan cannabis company can maintain its lawsuit against an attorney and his wife who it claims badmouthed it on social media, a federal judge ruled, after the business showed the court has jurisdiction over the couple.
JD Supra Law
AUGUST 28, 2024
The ongoing legal battle between several visual artists and generative artificial intelligence (AI) platforms, including Midjourney and Stability AI, has significant implications for copyright law and its application to AI technologies. Approximately a year and a half ago, artists filed a lawsuit against these platforms, asserting that their works were unlawfully used to train AI-based image generation systems.
IP Law 360
AUGUST 28, 2024
CyDex Pharmaceuticals hit Bexson Biomedical with a contract breach suit in Delaware Chancery Court accusing it of misusing a CyDex-designed molecule to develop unauthorized non-ketamine formulations, and subsequently filing a patent for those formulations, in violation of the parties' agreement.
JD Supra Law
AUGUST 28, 2024
The Patent Trial and Appeal Board has denied institution of an inter partes review for a design patent in part because the petitioner failed to show that three asserted references qualified as prior art. Specifically, the PTAB ruled that images of a boot design taken from a website after the critical date, coupled with evidence that the design was on sale before the critical date, was insufficient to establish the design as prior art.
IP Law 360
AUGUST 28, 2024
A General Electric Co. engineer convicted of conspiracy to commit economic espionage lost his bid Wednesday to undo his conviction, with a three-judge panel on the Second Circuit affirming the judgment of the New York district court.
JD Supra Law
AUGUST 28, 2024
Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments. There are several companies that seek to enforce their intellectual property rights including Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit.
IP Law 360
AUGUST 28, 2024
The Federal Circuit said Wednesday that a Japanese company that makes power drills can't force the U.S. International Trade Commission to finish adjudicating a patent case from a rival after the infringement allegations were dropped.
JD Supra Law
AUGUST 28, 2024
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Addresses Waiver of Argument Not Raised in Request for Rehearing - In a recent precedential decision, the U.S. Court of Appeals for the Federal Circuit upheld the PTAB decision that all claims of U.S.
IP Law 360
AUGUST 28, 2024
The video game developer behind "Farmville" and "Words with Friends" failed Wednesday to convince a Delaware federal judge that claims in an IBM patent cover ideas too routine for patent protection, allowing the tech giant to bring those claims before a jury trial scheduled for early next month.
JD Supra Law
AUGUST 28, 2024
On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of misappropriation of trade secrets, it sent the case back to the trial court for a new trial on both liability and damages due to procedural errors identified by the Court of Appeals.
IP Law 360
AUGUST 28, 2024
End-payor plaintiffs asked a New Jersey federal judge Tuesday to give final approval of a $35 million settlement resolving their antitrust claims against Pfizer over the cholesterol medication Lipitor.
JD Supra Law
AUGUST 28, 2024
Takeaways: 1. Nontraditional and unique issue petitions are common for patent owners to properly prosecute reexamination proceedings. 2. Well-drafted petitions influence outcomes and preserve PTAB, District Court, and/or Federal Circuit review. Because ex parte reexamination proceedings are unique, issues of first impression, fact patterns that do not quite fit within the rules or prescribed Manual of Patent Examination Procedure (MPEP) guidance, and situations that demand reconsideration.
IP Law 360
AUGUST 28, 2024
Two China-based online vendors that sell clipboard products on Amazon.com have sued rival clipboard supplier MedInfo Inc. in federal court, saying the Colorado-based clipboard distributor put their business at risk by falsely reporting to Amazon they were infringing a MedInfo patent.
JD Supra Law
AUGUST 28, 2024
These days, patent courts across the world have to address the question of how to deal with AI-generated inventions. The German Federal Court of Justice ("FCJ") has recently issued a landmark decision (decision of June 11, 2024, file no. X ZB 5/22) on this topic.
IP Law 360
AUGUST 28, 2024
Regeneron Pharmaceuticals Inc. has taken competing biomedical company Sandoz Inc. to New Jersey federal court with an extensive complaint asserting 46 patents and claiming Sandoz infringed them all with a biosimilar alternative to Regeneron's Eylea brand ophthalmic disorder drug.
JD Supra Law
AUGUST 28, 2024
Back in May 2023, Alnylam brought suit against Pfizer and BioNTech in the District of Delaware, alleging infringement of patents directed to vaccine lipid nanoparticle technology. On August 12, 2024, Chief Judge Connolly issued a memorandum opinion construing the claim term “vaccine” in one of the asserted patents (U.S. Patent No. 11,590,229).
IP Law 360
AUGUST 28, 2024
A Detroit chauffeuring business said it's being unfairly accused of flouting a court order and infringing a competitor's "Metro Cars" trademark despite doing all it can to scrub the phrase from its web presence, calling a recent contempt motion a disingenuous money grab.
JD Supra Law
AUGUST 28, 2024
The College of Patent Agents & Trademark Agents (CPATA) recently issued an alert regarding a surge in fraudulent emails targeting trademark owners. As is typical of these “phishing” scams, the emails often pressure recipients to act quickly or face severe consequences. These phishing scams are becoming increasingly sophisticated, leveraging public records to appear legitimate and convincing recipients to make payments, or reveal sensitive information.
IP Law 360
AUGUST 28, 2024
A small pharmaceutical startup behind a drug that would compete with the blockbuster high blood pressure treatment Tyvaso says United Therapeutics is making a "fundamentally false" argument to the U.S. Supreme Court about how why an appeals court rejected United Therapeutics' case.
Stock Legal Blog
AUGUST 28, 2024
Just a quick pro tip this week - You know the importance of a strong network. I won’t belabor that point. Instead, this is your friendly reminder to make it a weekly task to stay in touch with your network. That can be through a social media post, attending an event, speaking on a panel, scheduling a few lunches/coffees/happy hours or just sending a few check-in emails.
IP Law 360
AUGUST 28, 2024
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
Stock Legal Blog
AUGUST 28, 2024
When you’re on the sell side of a M&A transaction, your biggest role in the between LOI and closing is to gather and provide information requested for buyer diligence. Diligence is the process by which the buyer will review the assets, liabilities, and other circumstances of your company to ensure that there is support for the purchase price. In other words, the diligence process is where the seller is called on to prove out the value of the company.
IP Law 360
AUGUST 28, 2024
For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.
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