Intellectual Property Law Blog
DECEMBER 15, 2023
Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. Background Cloudbreak owns U.S. Patent No. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium.
The IPKat
DECEMBER 15, 2023
This Kat is always on the hunt for new copyright rulings. This time he has found a recent ruling issued by the Paris Court of Appeal , concerning a copyright assignment agreement, a subject that is the source of many disputes in France. This time, the dispute notably concerns both the originality of photographs and their use for a period exceeding that stipulated in the copyright assignment contract.
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Intellectual Property Law Blog
DECEMBER 15, 2023
In Medtronic, Inc., Medtronic Vascular, Inc. v. Teleflex Innovations S.A.R.L. , the case addresses whether the final written decisions in a consolidated inter partes appeal (“IPR”) correctly found that U.S. Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions.
TorrentFreak
DECEMBER 15, 2023
Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. On the flip side, it also presents several threats. This ranges from complex existential worries to concerns about AI-related copyright infringement, which is already widespread. Tthese copyright concerns will be discussed next month at a meeting of WIPO’s Advisory Committee on Enforcement, where several stakeholders will present their thoughts.
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?
Intellectual Property Law Blog
DECEMBER 15, 2023
The Federal Circuit vacated and remanded two Patent Trial and Appeal Board (“PTAB”) decisions because the PTAB erred in its obviousness analysis and found that Axonics failed to show a motivation to combine as to Medtronic’s ‘314 and ‘756 patents. Background Medtronic sued Axonics for patent infringement. Medtronic’s invention concerns a medical device that stimulates sacral nerves.
JD Supra Law
DECEMBER 15, 2023
On December 8, 2023, the FDA approved the first cell-based gene therapies for the treatment of sickle cell disease (SCD) in patients 12 years and older—Vertex’s CASGEVY and Bluebird’s LYFGENIA. SCD is a group of inherited blood disorders affecting approximately 100,000 people in the U.S. and inducing a median life expectancy of 45 years.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP and Legal Filings
DECEMBER 15, 2023
Introduction Corporate governance is a term which is used in very broader sense when it came to company or corporate law. In simple language, the term ‘corporate’ is used for denoting a company or group of company which is defined under section 2(20) of the Companies Act [1]. Whereas the term ‘governance’ means how to govern a particular thing. In addition to both these terms, Corporate Governance basically deals with how to regulate or govern the company.
Legal Zoom
DECEMBER 15, 2023
Many small businesses will need to report information about their 'beneficial owners' to the federal government starting in 2024. Our guide explains the reason for the new Corporate Transparency Act, who it applies to, and how to file a report.
TorrentFreak
DECEMBER 15, 2023
When U.S. broadcaster DISH Network files another new lawsuit in the U.S., targeting various players in the IPTV ecosystem, the company maintains a long tradition of legal action that aims high and goes in hard. While DISH headlines all of these lawsuits with various appearances from Nagra and subsidiary Sling TV, behind the scenes DISH receives support from fellow members of IBCAP, the International Broadcaster Coalition Against Piracy.
JD Supra Law
DECEMBER 15, 2023
As discussed last month, the FTC sent letters to 10 pharmaceutical companies, asserting that their listing of over 100 patents in FDA’s Orange Book for a variety of products was improper. Shortly thereafter, the FTC began using the administrative process with FDA to challenge these patent listings, and all of the companies had until December 16, 2023 to respond.
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 IPKat
DECEMBER 15, 2023
The IPKat has received and is pleased to host the following guest opinion by Katfriend Roya Ghafele (OxFirst), addressing the copyright implications of the upcoming EU Artificial Intelligence Act. Here’s what Roya writes: Transparency requirements in the EU Provisional Agreement on the Artificial Intelligence Act influence the Copyright and wider Tech debate by Roya Ghafele As the European Parliament is gearing up for elections in spring 2024, Parliamentarians were eager to get the Artificial In
JD Supra Law
DECEMBER 15, 2023
Copyright Office Rejects Application for AI-Generated Work Based on a Photograph -- On December 11, 2023, the Review Board of the United States Copyright Office (Board) rejected a Second Request for reconsideration with respect to the registration of a work generated through the use of artificial intelligence (AI). The proposed registration in this case, by the photographer Ankit Sahni, presented a different set of facts from those the Copyright Office has previously considered in AI-related.
The IP Law Blog
DECEMBER 15, 2023
Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same title. Scott Hervey and Tara Sattler discuss this dispute on this Holiday edition of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
JD Supra Law
DECEMBER 15, 2023
Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. Originally published for The Institute of Food Technology (IFT) Food Technology Magazine - December 15, 2023. By: Rothwell, Figg, Ernst & Manbeck, P.C.
IP Law 360
DECEMBER 15, 2023
Yahoo and Droplets have entered a confidential settlement in the infringement fight over Droplets' patents on technology for updating websites, and asked a California federal court to dismiss the case after a judge had found in March that Yahoo should pay Droplets $28 million.
JD Supra Law
DECEMBER 15, 2023
Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same title. Scott Hervey and Tara Sattler discuss this dispute on this Holiday edition of The Briefing.
IP Watchdog
DECEMBER 15, 2023
This week in Other Barks & Bites: a group of authors filed a trimmed-down lawsuit against Meta accusing the company of infringing copyright to train generative AI models; the FTC authorizes a lawsuit against Sanofi accusing a potential acquisition of being a move to monopolize Pompe disease drug development; and Chinese courts publish rulings to combat malicious trademarks.
JD Supra Law
DECEMBER 15, 2023
On December 1, the United States Patent and Trademark Office launched the Semiconductor Technology Pilot Program. As part of the Office’s efforts to support the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act of 2022, the pilot program will expedite the examination of patent applications for innovations that increase semiconductor device production, reduce semiconductor manufacturing costs, and strengthen the semiconductor supply chain.
Greenspoon Marder LLP
DECEMBER 15, 2023
By: Daniel Nageotte, Esq. Licensing out a trademark for third-party use is a common practice amongst trademark owners. If done correctly, it accomplishes two goals. First, licensing generates new revenue streams for mark owners by way of licensing fees and royalties. Second, licensing can lead to substantial growth for a reduced price as the licensee bears some of, if not […] The post Maintaining Control – Avoiding a Naked Trademark License Designation appeared first on Greenspoon Marder L
JD Supra Law
DECEMBER 15, 2023
In part one of this article, we discussed the challenges artists face as they seek to protect their intellectual property from generative AI using copyright law. In part two, we explore a legal approach that may be more relevant.
43(B)log
DECEMBER 15, 2023
Faire Wholesale, Inc. v. Tundra, Inc., 2023 WL 8586681, No. 23-cv-02538-JSC (N.D. Cal. Dec. 8, 2023) When does TM logic creep into false advertising cases? Faire operates an online marketplace connecting wholesalers with retailers. Faire sued Tundra, which makes a comparison tool. Faire sued, challenging Tundra’s unauthorized use of Faire’s users’ login credentials to gain access to Faire’s non-public information.
JD Supra Law
DECEMBER 15, 2023
A recent decision at the Central District of California shines a bright light on the, perhaps unintended, consequences for ex-US trademark owners that choose to designate a domestic representative for service of process at the United States Patent and Trademark Office (“USPTO”).
43(B)log
DECEMBER 15, 2023
Zimmerman v. L’Oreal USA, Inc., 2023 WL 8587620, No. 22-cv-07609-HSG (N.D. Cal. Dec. 8, 2023) This putative class action bringing the usual California statutory claims alleges that L’Oréal misleadingly advertises the sunscreen benefits of some of its cosmetic products, such as L’Oréal Infallible Fresh Wear 24HR Foundation. The front label statements claiming it provides “Up to 24HR Breathable Texture,” “Up to 24H Fresh Wear,” and “Sunscreen Broad Spectrum SPF 25” allegedly led Zimmerman to belie
JD Supra Law
DECEMBER 15, 2023
The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI. Andersen et al. v. Stability AI Ltd. As we have previously discussed, this case arose in January 2023, when a collective of artists filed a class action lawsuit involving three AI-powered image generation tools that produce images in response to text inputs: Stable Diffusion (developed by Stability AI), Midjourney (developed.
SpicyIP
DECEMBER 15, 2023
Image from here In this post I will discuss Selfdot Tech. v. Controller General of Patents passed by the Madras High Court. I will engage with the arguments raised by the appellant and the respondent with regard to patent of addition, the parent application and the scope of Sec. 39. Further, I will analyze the reasoning used by the court in creating a different standard of treatment for divisional applications and patent of additions.
JD Supra Law
DECEMBER 15, 2023
On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is that for each posts the footnoting was renumbered for just the individual post.
SpicyIP
DECEMBER 15, 2023
A cropped version of a scanned copy of a US newspaper named ‘The Examiner’ (image from here ) This post is co-authored with Swaraj. Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21.
JD Supra Law
DECEMBER 15, 2023
The UK is creating a new Office for Trade Sanctions Implementation, which will sit within the Department for Business and Trade and will be responsible for the civil enforcement of the UK’s trade sanctions regime (i.e. broadly sanctions concerning goods, services and technology). This will complement OFSI (which sits within His Majesty’s Treasury), the civil enforcement body in respect of UK financial sanctions (e.g. the UK’s asset freeze, securities, investment and loan restrictions).
The IPKat
DECEMBER 15, 2023
This post is the third and final instalment in the “Africa IP Highlights 2023" series of posts highlighting some of the key developments in IP in Africa in 2023. The first 2 posts covered copyright and trade marks. As previously stated, the Africa IP Highlights 2023 is the result of collaboration between myself and Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga.
JD Supra Law
DECEMBER 15, 2023
Judgment Gist - Before the filing date of the opposed trademark, Westin Hotel Management, L.P. (“Westin L.P.”) successively operated hotels with the brand name “威斯汀 (Wei Si Ting – Westin in Chinese)” in Shanghai, Beijing, Guangzhou and other cities, and prominently used the “威斯汀 (Wei Si Ting – Westin in Chinese)” and “WESTIN” marks (Registration Nos. 773944 and 773940, respectively “Cited Mark 1” and “Cited Mark 2”) in the business activities of each hotel.
IP Law 360
DECEMBER 15, 2023
Ballard Spahr LLP has added an experienced brand protection attorney from Troutman Pepper to its intellectual property department and trademarks and copyrights group in Atlanta.
JD Supra Law
DECEMBER 15, 2023
On October 31, 2023, FDA approved Amgen’s Wezlana (ustekinumab-auub) as a biosimilar to and interchangeable with Janssen’s Stelara (ustekinumab). Stelara has been selected by the Center for Medicare & Medicaid Services (“CMS”) as one of the first 10 drugs subject to the Inflation Reduction Act’s (“IRA’s”) price negotiations.
LexBlog IP
DECEMBER 15, 2023
Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same title. Scott Hervey and Tara Sattler discuss this dispute on this Holiday edition of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
JD Supra Law
DECEMBER 15, 2023
The US Patent and Trademark Office (USPTO) published supplemental guidance on whether a design claim including a computer-generated electronic image is directed to statutory subject matter. While the USPTO’s examination of design patent claims related to computer icons and graphical user interfaces (GUIs) has not changed, there are additional examples of titles and claim language that the USPTO considers to constitute statutory and non-statutory subject matter.
IP Law 360
DECEMBER 15, 2023
Streaming service FuboTV has asked a Delaware federal judge to dismiss patent infringement allegations from Dish Technologies and Sling TV, saying the patents in question only focus on streaming outcomes and not the actual technologies making the system work.
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