IP Watchdog

OCTOBER 2, 2024

On October 30, the nonpartisan think tank, Sunwater Institute, published a policy report on patent quality in the United States including suggestions for U.S. policymakers to better address errors in examining and adjudicating patents for validity. The policy report finds that the rate of erroneous patent grants in the United States is less than half the rate of erroneous patent abandonment, undercutting narratives that the nation’s economy faces major issues related to poor quality patents bei

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TorrentFreak

OCTOBER 2, 2024

When a Nintendo lawsuit targeted the people behind the Yuzu emulator in February, leading to its shutdown just a few weeks later, dark clouds appeared over the future of Switch emulation. With momentum on its side and tacit acceptance of its core claims via settlement agreement with Yuzu, Nintendo targeted key software tools underpinning emulation of its copyrighted games.

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IP Watchdog

OCTOBER 2, 2024

On the final day of IPWatchdog LIVE 2024, Gene and Renee Quinn celebrated the organization’s 25th anniversary with the IPWatchdog team and attendees of LIVE. In a surprise ceremony, Gene Quinn was also presented with a Lifetime Achievement Award by his alma mater, the University of New Hampshire (UNH), Franklin Pierce Law School, for his service to and work with the IP community.

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IP Law 360

OCTOBER 2, 2024

It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.

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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

JD Supra Law

OCTOBER 2, 2024

On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States. But for all of the attention on SB 1047, it is the 18 other AI bills Newsom signed in September that are likely to have the most lasting impact.

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IP Law 360

OCTOBER 2, 2024

One of the producers of Fleetwood Mac's classic 1977 record album "Rumours," Kenneth Caillat, has accused the author of the play "Stereophonic" of swiping copyrighted material from his memoir "Making Rumours" to make the hit Broadway show.

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IP Law 360

OCTOBER 2, 2024

By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

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JD Supra Law

OCTOBER 2, 2024

In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies. Government incentives and private sector funding are driving rapid innovation in this space. Over $450 billion of taxpayer dollars have been invested into the energy transition and climate change across the Inflation Reduction Act (“IRA”) and the Bipartisan Infrastructure Deal.

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Patently-O

OCTOBER 2, 2024

The Federal Circuit recently issued a decision in Provisur Technologies, Inc. v. Weber, Inc., No. 23-1438 (Fed. Cir. Oct. 2, 2024), partially reversing a $10.5 million jury verdict in a patent infringement case involving food processing machinery. This decision marks the latest chapter in an ongoing legal battle between the two food processing equipment manufacturers.

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JD Supra Law

OCTOBER 2, 2024

University-driven innovation is a cornerstone of societal progress, as academic institutions play a pivotal role in advancing research and technology that fuel economic growth, enhance quality of life, and address global challenges. With access to federal grants and a collaborative environment, universities are uniquely positioned to transform groundbreaking ideas into real-world solutions.

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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

Copyright Lately

OCTOBER 2, 2024

A federal court says 2 Live Crew’s copyright termination rights survived bankruptcy, keeping the group’s bid to reclaim their masters alive. Quick update on the 2 Live Crew copyright termination lawsuit I’ve been following for a couple of years. Check out the full background on the case here , but on Monday, a Miami federal judge handed the 1980s rap group a significant legal win by affirming that copyright termination rights are a personal right, not a property right, and therefore aren’t

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JD Supra Law

OCTOBER 2, 2024

Last week, Governor Gavin Newsom signed AB 2426 into law. The bill declares it unlawful for "a seller of a digital good to advertise or offer for sale a digital good to a purchaser with the terms 'buy,' 'purchase,' or any other term which a reasonable person would understand to confer an unrestricted ownership interest in the digital good, or alongside an option for a time-limited rental" unless certain conditions are met.

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IP Law 360

OCTOBER 2, 2024

A California federal judge on Wednesday dropped the remaining patent infringement claims in Google's wireless technology battle against speaker maker Sonos Inc., rejecting the tech giant's contention that there was substantial evidence of infringement.

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JD Supra Law

OCTOBER 2, 2024

A new NIL issue emerged last week as the starting quarterback for the University of Nevada Las Vegas (UNLV) left the undefeated Rebels over claims of unfulfilled verbal promises allegedly made to him by an assistant coach. While name, image, and likeness (NIL) legislation has changed the college athletic landscape, this development raises a host of new and unique compliance issues that athletic departments and NIL collectives may not be prepared for.

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IP Law 360

OCTOBER 2, 2024

Kirkland & Ellis LLP told a California federal magistrate judge Wednesday that a former Kirkland intellectual property associate has delayed discovery production in her discrimination lawsuit against the firm, arguing that her discovery responses cite an erroneous legal standard, are non-committal and are "not even close to being proper.

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JD Supra Law

OCTOBER 2, 2024

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead to numerous challenges to previous agency decisions, its effect on intellectual property, namely patent law may be limited.

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Likelihood of Confusion

OCTOBER 2, 2024

Originally posted 2013-08-21 01:25:09. Republished by Blog Post PromoterAt least in some parts of the country, LIKELIHOOD OF CONFUSION is something judges actually sometimes don’t find. Out there, for example. No, the other side — yeah. The left. As Michael Atkins explains: In Sand Hill Advisors, LLC v. Sand Hill Advisors, LLC — a trademark case […] The post Likelihood of — well, no, actually.

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JD Supra Law

OCTOBER 2, 2024

September 21, 2024, marked the seventh anniversary of the significant amendments to the Patented Medicines (Notice of Compliance) Regulations (Regulations). This article provides an update on activities in the seventh year following the amendments, including new actions and Court decisions, both on the merits and procedural. Our sixth anniversary update is available with links to prior year updates.

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IP Law 360

OCTOBER 2, 2024

Amarin Pharma Inc., the maker of the cardiovascular drug Vascepa, has defended a Federal Circuit decision reviving its skinny label patent case against a rival U.K. drugmaker, telling the appeals court that the sky is not "going to fall on the generic pharmaceutical industry.

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JD Supra Law

OCTOBER 2, 2024

On September 27, 2024, the FDA approved a fourth biosimilar of Janssen / Johnson & Johnson’s Stelara® (ustekinumab): Fresenius Kabi and Formycon’s Otulfi™ (ustekinumab-aauz). Fresenius and Formycon announced Oltufi™’s approval in the E.U. on the same day.

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IP Law 360

OCTOBER 2, 2024

Specialty-drug maker Avadel Pharmaceuticals says a Delaware federal court went too far in blocking it from testing a narcolepsy drug to treat an uncommon sleep disorder after finding that it infringed a patent covering a rival's narcolepsy drug.

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JD Supra Law

OCTOBER 2, 2024

Judge Schofield recently resolved several motions in limine brought by Plaintiff Kewazinga Corporation in a patent infringement lawsuit against Google. Among the most notable rulings was her denial of a motion in limine regarding the Star Trek: The Next Generation Interactive Technical Manual (the “Star Trek Manual”). See Kewazinga Corp. v. Google LLC, No. 20 Civ. 1106 (LGS), 2024 WL 4144010, at *1 (S.D.N.Y.

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IP Law 360

OCTOBER 2, 2024

Delaware's Supreme Court has appointed a Superior Court judge to sit as a vice chancellor in a suit seeking a receiver for a Dubai-headquartered bio-pharmaceutical company that has run up nearly $600,000 in $3,000-per-day sanctions and counting for failing to comply with an initial $180,000 judgment.

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JD Supra Law

OCTOBER 2, 2024

Based on feedback from the public on the use of After Final Consideration Pilot Program 2.0 (AFCP 2.0) and hesitancy to accept the U.S. Patent and Trademark Office’s proposal for a new fee to participate in AFCP 2.0, the Office recently announced it will terminate the pilot program on December 15, 2024. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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IP Law 360

OCTOBER 2, 2024

Sensory Inc. has accused Google of illegally maintaining its monopolies over search and the advertising that appears alongside search results in part by blocking rival voice assistant products from running on Android and other devices.

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JD Supra Law

OCTOBER 2, 2024

Since 2012, the United States Patent and Trademark Office (USPTO) has provided patent applicants and examiners an opportunity to continue collaborative prosecution after a final rejection has been received through the After Final Consideration Pilot Program 2.0 (AFCP). The AFCP program provided examiners additional search and consideration time and afforded applicants an opportunity for an after-final interview to advance applications to allowance, without requiring additional fees.

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IP Law 360

OCTOBER 2, 2024

A Southern California stem cell treatment center hit FisherBroyles LLP with a $10 million malpractice suit in state court over the law firm's work defending it in a patent infringement case that settled, claiming the defense was so incompetently handled that it had to hire WilmerHale as the case approached trial.

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JD Supra Law

OCTOBER 2, 2024

The Federal Circuit overturned its 42-year-old obviousness test for designs. Fashion companies, take note. The shape of a handbag, the red sole of a shoe: for fashion companies, design patents have long played a role in brand protection efforts.

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IP Law 360

OCTOBER 2, 2024

Another author has launched a proposed class action against Meta Platforms Inc. in California federal court alleging the social media giant swiped material from hundreds of thousands of copyrighted books to train its series of large language models named Llama.

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JD Supra Law

OCTOBER 2, 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: PTAB Issues Fintiv Denial, Leaving Wireless Carrier Patent to E.D. Texas - The PTAB recently applied the Fintiv factors to deny institution of an IPR against Wireless Alliance, LLC, in light of parallel litigation set for trial in the Eastern District of Texas.

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IP Law 360

OCTOBER 2, 2024

Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.

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JD Supra Law

OCTOBER 2, 2024

United States District Judge Pamela K. Chen (E.D.N.Y.) recently granted Plaintiff Shaf International, Inc. (“Shaf”)’s motion for summary judgment of validity of U.S. Patent No. 10,433,598 (the “’598 Patent”) and Defendant First Manufacturing Co., Inc. (“FMC”)’s motion for summary judgment of non-infringement for claims 1-10 of the ’598 Patent. Slip Op. at 1.

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IP Law 360

OCTOBER 2, 2024

North Carolina public school athletes can now be compensated for their name, image and likeness, thanks to a preliminary injunction granted by a state judge that overturned a ban by the state board of education.

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JD Supra Law

OCTOBER 2, 2024

On September 9, 2024, Judge Lewis J. Liman granted a motion to stay pending the resolution of a U.S.P.T.O. inter partes review (“IPR”) filed by Defendant Tommy John, Inc. challenging the patentability of Plaintiff Pakage Apparel, Inc.’s asserted patent. In doing so, the Court considered three factors: “(1) whether a stay will simplify the issues in question and trial of the case; (2) the stage of the proceedings; and (3) whether a stay will prejudice the nonmoving party.”.

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IP Watchdog

OCTOBER 2, 2024

On October 2, the U.S. Court of Appeals for the Federal Circuit issued its latest precedential decision in a multi-year patent battle between food processing equipment rivals Provisur Technologies and Weber involving the assertion of patent claims covering meat and cheese slicer inventions. The Federal Circuit reversed the district court’s denial of judgment as a matter of law (JMOL) of noninfringement for one of three Provisur patents asserted in the case.

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