Plagiarism Today
OCTOBER 8, 2024
Another author sues Meta over Ai training, German court rules against photographer in AI case and Meow Wolf sues UK company. The post 3 Count: Meow Wolf Roar appeared first on Plagiarism Today.
Erik K Pelton
OCTOBER 8, 2024
Trademarks are everywhere, and Erik shares 25 reasons to love them in this episode. The post 25 Reasons I Love Trademarks appeared first on Erik M Pelton & Associates, PLLC. Trademarks are everywhere, and Erik shares 25 reasons to love them in this episode.
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TorrentFreak
OCTOBER 8, 2024
As Italy’s measures continue against pirate IPTV providers and any entity directly or indirectly associated with them, it’s easy to lose sight of the fact that those who carry out infringement exist in the physical world. Until suspects are confronted in this environment, the risk of recurring infringement never really goes away. Law enforcement in Italy will be hoping that an investigation in the city of Lecce will produce lasting results after uncovering a “sophisticated frau
Erik K Pelton
OCTOBER 8, 2024
The following is an edited transcript of Chapter 15 of my book video Building a Bold Brand: Avoiding Generic Use In the last few years, more and more brands have added a generic product or category name after their brand name on packaging. The first brand to do this extensively was Kleenex®. Their packaging says “Kleenex brand tissues” to make it clear that Kleenex is not the name for all tissues and to help people avoid using the “Kleenex” name generically.
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
OCTOBER 8, 2024
On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by email on defendants located in China. Slip Op. at 1.
U.S. Department of Commerce
OCTOBER 8, 2024
The National Hurricane Center reports that Hurricane Milton is rapidly intensifying over the Gulf of Mexico as it approaches the west coast of Florida. It will be a major hurricane capable of producing life-threatening storm surges and damaging winds. Storm surge and hurricane warnings are now in effect for portions of the Florida coast, and residents should follow local officials’ advice and evacuate if told to do so.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Copyright Alliance
OCTOBER 8, 2024
National Hispanic Heritage Month is celebrated each year from September 15 to October 15. The 2024 theme, Pioneers of Change: Shaping the Future Together, provides a fitting backdrop to explore […] The post The Pioneering Impact of Latinx Comic Book Creators & Characters appeared first on Copyright Alliance.
JD Supra Law
OCTOBER 8, 2024
The Second Circuit recently reversed a district court’s dismissal for lack of personal jurisdiction in American Girl, LLC’s (“American Girl”) Lanham Act lawsuit against Chinese e-commerce company Zembrka. The Second Circuit held that American Girl established personal jurisdiction under New York’s long-arm statute and that the exercise of personal jurisdiction did not violate due process.
IP Close Up
OCTOBER 8, 2024
A Durham University law professor said that China has accomplished a bold transformation to a modern society that leads in innovation and respects domestic and Continue reading
JD Supra Law
OCTOBER 8, 2024
Discover how advancements in jury research technology are giving trial teams a competitive advantage. This episode features IMS Senior Jury Consulting Advisor Chris Dominic alongside clients Trent Webb and Lauren Douville, both partners at Shook, Hardy & Bacon. Trent is also co-chair of the firm's intellectual property practice group. Whether you're navigating IP litigation or other complex matters, don’t miss their expert insights on how to “supercharge the strategy process.
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 TTABlog
OCTOBER 8, 2024
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal about 95% of the time just by looking at the marks and the goods/services. Here are three recent Board decisions, at least one of which resulted in a reversal. How do you think they came out? In re Livewire Drinks, Inc. , Serial No. 88795611 (October 4, 2024) [not precedential] (Opinion by Judge Jessica B.
JD Supra Law
OCTOBER 8, 2024
On October 7, 2024, the Supreme Court declined to hear Cellect LLC v. Vidal, No. 23-1231. The case has been followed closely by patent professionals ever since the Federal Circuit upended the judicially-created doctrine of non-statutory obvious-type double patenting (ODP), holding that one member of a patent family could serve as an invalidating ODP reference for another family member if they do not expire at the same time because of Patent Office delays.
Corsearch
OCTOBER 8, 2024
Introducing Corsearch Investigations 360 In today’s increasingly connected and digital world, global brands face a growing number of threats that can compromise their integrity, erode consumer trust, and impact the bottom line. Critical to stopping these threats is the ability to find and stop them at source. Counterfeiting, impersonation, and gray market activities are more prevalent and sophisticated than ever before, presenting significant risks to companies.
JD Supra Law
OCTOBER 8, 2024
On October 2, 2024, the Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion reversing-in-part decisions from the United States District Court for the Western District of Missouri in Case No. 5:19-cv-06021-SRB, Judge Stephen R. Bough, denying defendant Weber’s motions for judgment as a matter of law and for a new trial. Provisur Technologies, Inc. v.
The IPKat
OCTOBER 8, 2024
The Unified Patent Court (UPC) has again faced several questions about the granting of provisional measures. In a case involving a patent for herbicide compositions, the UPC Munich Local Division was asked to consider whether the alleged infringer's marketing of a product within the Contracting Member States under the same brand name as a clearly infringing product sold outside the Member States created a risk of first (or imminent) infringement.
JD Supra Law
OCTOBER 8, 2024
On September 26, 2024, District Judge Gregory H. Woods (S.D.N.Y.) granted Defendant Epic Games, Inc. (“Epic Games”)’s Motion to Dismiss for failure to state a claim because Plaintiff AK Meeting IP, LLC (“AK”)’s allegations were either conclusory or merely mimicked the language of the asserted patent. Slip Op. at 1.
IP Watchdog
OCTOBER 8, 2024
Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion affirming-in-part, vacating-in-part, and remanding a district court’s dismissal of a patent infringement complaint filed by AlexSam, Inc. against Aetna, Inc. AlexSam’s complaint alleged that Aetna had marketed Mastercard and VISA products that directly and indirectly infringed upon its Patent No. 6,000,608 (“’608 patent”).
JD Supra Law
OCTOBER 8, 2024
Surinamese sprinter Issamade Asinga sued the Gatorade Company on Wednesday, alleging his recent doping ban was the result of eating contaminated “recovery gummies” that the brand manufactured and provided.
IP Watchdog
OCTOBER 8, 2024
András Jókúti is an intellectual property lawyer, former Director-General for Legal Affairs of the Hungarian Intellectual Property Office, and he is a former Fulbright Scholar. Since January 2022, András has served as the Director of the Patent and Technology Law Division at World Intellectual Property Organization. András came to the United States last week to speak at IPWatchdog LIVE 2024, which was hosted at the Renaissance Capitol View hotel in Arlington, Virginia.
JD Supra Law
OCTOBER 8, 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.
Christopher Roser
OCTOBER 8, 2024
The Total Link System Chart (TLSC) is a tool used by Toyota to show the multiple connections on the “when,” “why,” “how,” and “what”—not only of a production system but also in all business reforms at Toyota. While used often at Toyota, it is nearly unknown in the Western world. Time to look at the.
JD Supra Law
OCTOBER 8, 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
OCTOBER 8, 2024
Hard disk drive behemoth Western Digital owes up to $334 million for selling portable data security storage devices that infringe a SPEX Technologies patent, SPEX's attorney told California federal jurors during opening statements Tuesday, while defense counsel said the claimed invention has been in the public domain for years.
JD Supra Law
OCTOBER 8, 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.
Likelihood of Confusion
OCTOBER 8, 2024
Originally posted 2015-05-13 15:51:00. Republished by Blog Post PromoterI wrote a couple of days ago — and once again got hit hard by a learned commenter who disagrees with my view of the matter — about the Second Circuit’s ruling in the Rescuecom v. Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use?
JD Supra Law
OCTOBER 8, 2024
In the last few weeks, the PTAB has granted institution of eight IPRs filed by Merck on Johns Hopkins patents directed to methods of treatment using pembrolizumab. The eight patents are generally directed to methods for treating cancer in a patient having a tumor that exhibits a high microsatellite instability (MSI-high) or a mismatch repair (MMR) deficiency status.
IP Law 360
OCTOBER 8, 2024
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
JD Supra Law
OCTOBER 8, 2024
Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for protecting their intellectual property that they can begin to implement immediately.
IP Law 360
OCTOBER 8, 2024
US Synthetic Corp. on Tuesday urged the Federal Circuit to reverse a U.S. International Trade Commission decision that allows rivals to import a diamond oil drilling tool material the Utah-based company says infringes its intellectual property, arguing the agency wrongly found its drilling technology invention is abstract and patent-ineligible.
JD Supra Law
OCTOBER 8, 2024
Crocs, Inc. v. Double Diamond Distribution, Ltd., Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims against Crocs Inc. for allegedly misrepresenting the patent status of their popular footwear products. The Court concluded that a claim under the Lanham Act may arise from the allegations presented, and remanded for further proceedings.
IP Law 360
OCTOBER 8, 2024
Biotechnology company Illumina Inc. asked a New Jersey federal court Tuesday to order a former graduate student to pay $200,000 in liquidated damages for allegedly failing to respond to attempts to finalize a settlement to his claims that attorneys from Latham & Watkins LLP and Akin Gump Strauss Hauer & Feld LLP manipulated a patent case to steal his intellectual property.
JD Supra Law
OCTOBER 8, 2024
On October 2, the USPTO terminated proceedings in approximately 3,100 patent applications due to the fraudulent entry of S-signatures of registered practitioners by others. The final order noted that improper use of a practitioner’s signature constitutes a violation of the duty of candor and good faith under 37 C.F.R. § 1.56 and a submission of papers for an improper purpose under 37 C.F.R. 11.18(b)(2)(i).
IP Law 360
OCTOBER 8, 2024
A Federal Circuit judge on Tuesday told law school students at the University of California, Berkeley that while he finds artificial intelligence tools "a little alarming and frightening," he could see how they might be useful for finding prior art in patent disputes.
Managing IP
OCTOBER 8, 2024
In-house counsel and teams can now submit information for the 20th annual Managing IP Awards programme
IP Law 360
OCTOBER 8, 2024
A California federal judge on Monday granted Masimo's request for a bench trial to address its trade secrets claims against Apple, noting that bench trials are almost always granted in situations where the plaintiff is seeking only equitable relief, and Apple hasn't convinced the court to deviate from that norm.
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