Plagiarism Today
AUGUST 12, 2024
Popular plagiarism detection service PlagScan is ending private plans, making it inaccessible to individuals and small businesses. The post PlagScan Ending Private Plans appeared first on Plagiarism Today.
JD Supra Law
AUGUST 12, 2024
The US Copyright Office has issued a report in which it recommends passage of a federal law that would create a form of property right in a person’s digital replica.
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The IPKat
AUGUST 12, 2024
What is a "plant" for the purposes of patent law? The answer depends: in the United States, for example, fungi and macroalgae are considered "plants" under the Plant Patent Act of 1930. The latest answer to this question has come from the Hague Local Division of the Unified Patent Court (UPC) in a case concerning the patentability of mushrooms (i.e. fungi).
JD Supra Law
AUGUST 12, 2024
With the influx of generative artificial intelligence (“AI”) tools and applications becoming readily available online, it is increasingly important to assess whether AI-generated works can obtain intellectual property protection. Specifically, in light of AI apps being able to create paintings, photographs, and illustrations from minimal prompting from an end-user, the United States Copyright Office (the “Copyright Office”) has had to consider whether such works can be copyrighted and to what.
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?
IP Law 360
AUGUST 12, 2024
Delaware's chief judge was baffled by Alnylam Pharmaceuticals' argument that the word "vaccine" in a patent it claims Pfizer and BioNTech have infringed doesn't actually require a vaccine, leading him to reject the trip down the rabbit hole presented by the company in exchange for "common sense.
JD Supra Law
AUGUST 12, 2024
Whether for social media advertisements, customer surveys, or email campaigns, a data licensing agreement is often at the center of arrangements concerning the use and transfer of consumer data. Join us for our September Advertising Law webinar program, which will examine the role of data licensing within the advertising industry. Our panelists from Venable’s Intellectual Property Transactions Practice Group will walk through key considerations when contemplating and executing a data licensing.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
AUGUST 12, 2024
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.
TorrentFreak
AUGUST 12, 2024
Rightsholders around the globe are actively fighting piracy, but few are as vocal as Miguel Angel Loor, the boss of Ecuador’s football league LigaPro. The football boss has repeatedly spoken out against pirate services, particularly MagisTV, and continues to do so. Meanwhile, no remedy is left unused to tackle the problem. Critics have argued that by focusing so much attention on the pirate service itself, public campaigns might be counterproductive.
JD Supra Law
AUGUST 12, 2024
Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper Partners Andy Zappia, Meg O'Gara, and Duke Fitch discuss recent developments in obviousness-type double patenting and original patent requirements, and how they might impact strategies in post-grant proceedings.
IP Watchdog
AUGUST 12, 2024
During our conversation we explore much of what is happening in DC relating to patents and innovation, and specifically discuss matters ranging from proposed guidelines from the National Institute of Standards and Technology relating to use of march-in rights to control drug prices, to the recently introduced RESTORE Act, which is little more than one-page would largely if not completely overrule the Supreme Court’s eBay decision and create a presumption that victorious patent owners who have pr
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.
JD Supra Law
AUGUST 12, 2024
In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed decisions when selecting and registering trademarks. This article will break down the different categories of distinctiveness, explain their significance, and offer guidance on how to choose a strong trademark.
Kluwer Copyright Blog
AUGUST 12, 2024
Photo by Chen via Pixabay In the aftermath of the 2024 ATRIP Annual Congress , recently held in Rome and entirely dedicated to doctrinal developments on “Intellectual Property, Ethical Innovation and Sustainability”, we share our preliminary takeaways on this ongoing debate. The interplay between IP and Sustainability is well-known and hardly contested at global scale.
JD Supra Law
AUGUST 12, 2024
Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
SpicyIP
AUGUST 12, 2024
Recently on July 30, the DHC clarified that non appearance of an applicant in a hearing cannot result in the Controller deeming their application as abandoned. Discussing this order and noting its importance vis a vis the right to be heard, we are pleased to bring to you this post by SpicyIP Intern Aditi Bansal. Aditi is a fourth year law student studying at OP Jindal Global University.
JD Supra Law
AUGUST 12, 2024
Heartland, Inc. filed a lawsuit against Povolny Specialties, Inc., accusing them of infringing on patents related to commercial lighting control technology. The patents in question, U.S. Patent Nos. 9,788,391 B1 and 10,390,400 B1, were central to Heartland’s claims.
IP Watchdog
AUGUST 12, 2024
On August 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Celanese International Corp. v. International Trade Commission (ITC) affirming the ITC’s ruling that process patents owned by Celanese were invalid due to secret sales of products made by the claimed process prior to the one-year on-sale bar codified at 35 U.S.C. § 102(a).
JD Supra Law
AUGUST 12, 2024
Adalimumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
AUGUST 12, 2024
Pacira Pharmaceuticals Inc.'s patent on a nonopioid painkiller is invalid, a New Jersey federal judge has ruled, opening the way for generic versions of Exparel, a long-acting injectable for managing postsurgical pain.
JD Supra Law
AUGUST 12, 2024
Lontex Corp. v. Nike, Inc., 107 F.4th 139 (3d Cir. 2024) - On July 10, 2024, the Third Circuit vacated and remanded the district court’s decision to award attorneys’ fees to plaintiff Lontex, a sports apparel brand whose registered COOL COMPRESSION mark was used by Nike on its Nike Pro clothing line, finding that the district court’s determination that the case was “exceptional” was incorrectly rooted in broad policy considerations rather than facts specific to the case.
IP Law 360
AUGUST 12, 2024
A California federal judge on Monday refused to throw out artists' copyright infringement claims against four companies that make or distribute software that creates images with text prompts, but he did toss several other claims in their proposed class action, including unjust enrichment and breach of contract.
JD Supra Law
AUGUST 12, 2024
Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. For the first time, a federal court has now interpreted the term “article of manufacture” in response to an alleged infringer’s assertion that design patents that cover only a part of an overall device are per se invalid.
IP Law 360
AUGUST 12, 2024
Cryptocurrency advocacy group the DeFi Education Fund on Monday announced it's reached an agreement with a blockchain solutions firm it accused of "trolling" a pair of decentralized crypto protocols, purchasing the patent at issue and dedicating it to the public in return for a dismissal of the suits.
JD Supra Law
AUGUST 12, 2024
Speymalt Whisky Distributors Ltd., a prominent name in the spirits industry, sought to register "The Cairn" as a trademark for its range of high-quality Scotch whisky and whisky-based liqueurs. This application aimed to fortify their brand's presence and safeguard their unique products in the competitive market.
IP Law 360
AUGUST 12, 2024
To maximize the benefits and mitigate the risks of using publicly available data to train artificial intelligence models, companies should maintain a balance between openness and protection, and consider certain best practices, says Michael Cole at Mercedes-Benz Research & Development North America.
JD Supra Law
AUGUST 12, 2024
Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included. Litigations relating to disputes between two reference product sponsors, or non-practicing entities/universities and reference product sponsors are not included.
IP Law 360
AUGUST 12, 2024
A Federal Circuit panel found Monday that the company that developed the artificial sweetener used in Coke Zero can't patent its formula after it has already touched the lips of customers even if they kept the recipe secret, something that's consistent with "precedent going back to the 1800s.
JD Supra Law
AUGUST 12, 2024
Trastuzumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
AUGUST 12, 2024
The manufacturer of the Autobrush automatic toothbrush said they have nothing to smile about regarding a Polish company's similar U-shaped toothbrush, claiming in Connecticut federal court that its patents have been infringed.
JD Supra Law
AUGUST 12, 2024
Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
AUGUST 12, 2024
Software company Proofpoint urged the Ninth Circuit to find the lower court erred in denying it exemplary damages that could have doubled its $13.5 million trade secret theft verdict, arguing that a jury should've decided the issue and the ruling violated Proofpoint's Seventh Amendment rights to a jury trial.
JD Supra Law
AUGUST 12, 2024
Chanel recently opposed Simb DOO’s “5” mark, which Simb applied to register for use with cosmetics in the European Union. Chanel argued that the marks were too similar and would cause confusion among cosmetic consumers. The European Union Intellectual Property Office (EUIPO) disagreed and found that Chanel failed to produce sufficient evidence to support a finding that Chanel’s No 5 marks were distinctive enough to refuse registration.
IP Law 360
AUGUST 12, 2024
A Florida federal judge invalidated three "fuel tank ignition mitigation technology" patents held by Jetaire Aerospace LLC and granted its competitor AerSale Inc. an early win over the infringement claims Jetaire brought against it, fully adopting a magistrate judge's recommendation that the patents be axed under the on-sale bar.
JD Supra Law
AUGUST 12, 2024
Kilpatrick partners Megan Bussey, Nicki Kennedy, and Michael Bertelson recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on the topic of “A New Era Dawns for Design Patent Validity - How the Federal Circuit Has Rewritten Design Patent Obviousness Law.” The panel discussed U.S. design patents and how they have historically been very difficult to invalidate.
IP Law 360
AUGUST 12, 2024
A glass processing equipment distributor can't ditch a Finnish competitor's patent infringement suit, a North Carolina federal judge has ruled, finding its rival has sufficiently alleged "exclusionary rights" to the patents for glass tempering.
JD Supra Law
AUGUST 12, 2024
In her recent decision in Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138 (Caporaso v Mercato), the Honourable Justice Charlesworth of the Federal Court of Australia has demonstrated how Australian courts approach the use of non-English words as trade marks in Australia.
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