Plagiarism Today
DECEMBER 14, 2023
A viral TikTok warns students, if your work is submitted to Turnitin, you need to uninstall Grammarly. Is this true and, if so, why? The post Should Students Stop Using Grammarly? appeared first on Plagiarism Today.
Intellectual Property Law Blog
DECEMBER 14, 2023
In Medtronic, Inc., Medtronic Vascular, Inc., v. Teleflex Innovations S.A.R.L. , the case addresses the weight the Patent Trial and Appeal Board (PTAB) should give to the intended purpose of a primary reference when evaluating a Person of Ordinary Skill in the Art’s (POSITA) motivation to combine that primary reference with secondary references. Background Teleflex Innovation S.A.R.L.
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Plagiarism Today
DECEMBER 14, 2023
Authors consolidate and refile AI case against Meta, pirate TV services sued in New York and new details about Italy's Piracy Shield. The post 3 Count: Consolidating Meta appeared first on Plagiarism Today.
Michael Geist
DECEMBER 14, 2023
After years of battles over Bills C-11 and C-18, few Canadians will have the appetite for yet another troubling Internet bill. But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention.
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?
Copyright Alliance
DECEMBER 14, 2023
The legal and ethical concerns surrounding generative artificial intelligence (AI) systems being trained on copyrighted works are currently under scrutiny, with the U.S. Copyright Office conducting an Artificial Intelligence Study […] The post Generative AI, Copyrighted Works, and the Quest for Ethical Training Practices appeared first on Copyright Alliance.
Intellectual Property Law Blog
DECEMBER 14, 2023
In Malvern Panalytical Inc. v. TA Instruments-Waters LLC , the Federal Circuit addressed the proper construction of the claim term “pipette guiding mechanism.” Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Intellectual Property Law Blog
DECEMBER 14, 2023
In ABS Global, Inc., Genus plc v. Cytonome/ST, LLC , the case addresses a claim construction issue regarding whether a claim term is plural-allowing. Background ABS Global Inc. and Genus plc (collectively, ABS) petitioned for an inter partes review of claims 1, 2, 6, 8, and 9 of U.S. Patent No. 10,583,439 (the “’439 patent”) owned by Cytonome/ST, LLC.
Cogency Global
DECEMBER 14, 2023
What this is : In this article we focus on filing UCC-3 amendments to terminate existing UCC-1 financing statements. What this means : Whether you are a UCC secured party or potential lender there are many things to consider not only when determining the effectiveness of a UCC filing, but also when preparing and filing UCC financing statement amendments better known as UCC-3 forms.
Velocity of Content
DECEMBER 14, 2023
Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property. After all, many kinds of published literature, including news, blogs, books, journals, and standards — including the organizations’ own materials — are protected by copyright laws that place limits on how content can be used by others without the rightsholder’
IP Law 360
DECEMBER 14, 2023
Swedish telecom giant Ericsson has filed complaints against Lenovo in federal court and at the International Trade Commission, alleging that Lenovo infringed Ericsson patents for high-efficiency video coding technology in its laptop computers and seeking to block importation of the devices.
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.
Olartemoure Blog
DECEMBER 14, 2023
The surge in investigations aimed at addressing the potential abuse of dominant positions by major technology companies has become a prominent issue in recent times, both in Europe and around the world. This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dom
IP Watchdog
DECEMBER 14, 2023
Although the proceedings before federal district courts may not garner as much attention as those of the U.S. Court of appeals for the Federal Circuit or the Supreme Court, they can be an important proving ground for the decisions rendered by those courts. And 2023 was no exception to that rule. As discussed below, the Zogenix v. Apotex and Teva v. Eli Lilly decisions provide a glimpse into what litigants can expect in the aftermath of the GSK v.
The IPKat
DECEMBER 14, 2023
Another December is here which means “The Africa IP Highlights” are here! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year. Interested readers can find the Africa IP Highlights 2022, here. This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga.
JD Supra Law
DECEMBER 14, 2023
Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers alike. It is important for business owners and media creators to be aware of this rapidly evolving regulatory landscape as they leverage new marketing opportunities to keep their brands fresh and engaging.
The IPKat
DECEMBER 14, 2023
Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law.
JD Supra Law
DECEMBER 14, 2023
The US Court of Appeals for the Second Circuit upheld a temporary restraining order and preliminary injunction enjoining use of a trademark and trade dress associated with an iconic sneaker design over a First Amendment artistic expression defense. Vans, Inc. v. MSCHF Product Studio, Inc., Case No. 22-1006 (2d Cir. Dec. 5, 2023) (per curiam). This case is the first time a federal appeals court has applied the Supreme Court of the United States’ recent decision in Jack Daniel’s v.
SpicyIP
DECEMBER 14, 2023
We are pleased to announce that NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. The last date for submission of entries is February 29, 2024. For further details, please read their call and the guidelines below : Call for Submissions: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. 14 The Indian Journal of Intellectual Property Law (IJIPL) is the flagship intellectual property law journal of NALSAR University of Law, Hyd
JD Supra Law
DECEMBER 14, 2023
On December 7, the Biden administration announced a proposed framework for determining whether the government may exercise its march-in rights to license pharmaceutical patents to third parties if it determines that the price of a covered drug is too high.
IP Law 360
DECEMBER 14, 2023
The U.S. Supreme Court concluded that Andy Warhol's "Orange Prince" infringed a photographer's copyright, and the Ninth Circuit revived a choreographer's claims that Epic Games' popular video game Fortnite ripped off his moves. Here are Law360's picks for the top copyright rulings of 2023.
JD Supra Law
DECEMBER 14, 2023
Plasma. LCD. QLED. OLED. To anyone who has purchased a TV, phone or tablet in the past couple of decades, these terms have undoubtedly been flouted for marketing purposes, each generation of device having a display that is brighter, more energy efficient, or boasting a faster refresh rate than its predecessor. A new technology is on the horizon, and it promises all of the usual improvements over recent technology: Micro-scale light-emitting diodes, aka microLEDs.
Patently-O
DECEMBER 14, 2023
by Dennis Crouch Acadia Pharms v. MSN Pharms , 20-cv-00985-GBW (D.Del. December 13, 2023) [ SG No OTDP ] I have been writing some about obviousness-type double patenting and thought I would continue the process with this important new decision from Judge Williams denying the generic competitor’s motion for summary judgment of invalidity based upon double patenting, and, in fact, granting the patentee’s summary judgment of no invalidity.
JD Supra Law
DECEMBER 14, 2023
On November 17, 2023, Genentech, Inc., Hoffmann-La Roche Inc., and Biogen Inc. (“Plaintiffs”) filed a BPCIA complaint (“Complaint”) against Dr. Reddy’s Laboratories, Inc., Dr. Reddy’s Laboratories SA (“DRL SA”), Dr. Reddy’s Laboratories Ltd., Fresenius Kabi USA, LLC, Fresenius Kabi Swissbiosim Gmbh, and Fresenius Kabi Deutschland GmbH (“Defendants”) in the District of New Jersey, requesting the Court to block Defendants’ “DRL_RI,” a proposed biosimilar of Plaintiffs’ Rituxan® (rituximab), from.
43(B)log
DECEMBER 14, 2023
New article with Chris Buccafusco: Houston Law Review, Vol. 61, 2023 Abstract To prove copyright infringement, a plaintiff must convince a jury that the defendant copied from the plaintiff’s work rather than independently creating it. To prove copying, especially cases involving music, it’s common for plaintiffs and their experts to argue that the similarities between the parties’ creative works are so great that it is simply implausible that the defendant’s work was created without copying from
JD Supra Law
DECEMBER 14, 2023
The US Court of Appeals for the Federal Circuit made explicit what has long been considered implicit based on Warner-Lambert and its progeny, namely, that plaintiffs asserting an induced infringement theory to bar the entry of generic drugs in a Hatch-Waxman suit are subject to higher scrutiny than plaintiffs asserting the same theories outside of the Hatch-Waxman context.
IP Law 360
DECEMBER 14, 2023
A Delaware federal judge has backed the validity of a patent covering a treatment for Parkinson's disease that Acadia Pharmaceuticals Inc. had accused MSN Laboratories Pvt. Ltd. and MSN Pharmaceuticals Inc. of infringing.
JD Supra Law
DECEMBER 14, 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.
IP Law 360
DECEMBER 14, 2023
The Federal Circuit ruled Thursday that U.S. District Judge Alan Albright was wrong to deny Samsung's request to transfer a display technology patent suit from DoDots against it from Texas to California, but said the judge was correct when sending related litigation involving Apple to the Golden State.
JD Supra Law
DECEMBER 14, 2023
New York state recently amended Labor Law Section 203-f, codifying a hurdle for employers who seek to claim ownership over an employee's inventions. The law, which is similar to laws enacted in other states[1], has three significant impacts. First, the law narrows what is permissible in agreements and contracts between employers and employees (e.g. invention assignment or employment agreements), so the unfettered “all the work you do we own” provisions that are very common in such documents.
IP Law 360
DECEMBER 14, 2023
Made-up patent claim terms can open arguments that means-plus-function claim interpretation applies under the Patent Act, but a series of practice tips, including the use of structural language immediately after introducing a claim element, can help avoid such perceptions, says Brad Luchsinger at Harness IP.
JD Supra Law
DECEMBER 14, 2023
Summary of the Judgment - Where a right holder has submitted prima facie evidence showing that the actual loss caused to the right holder or the benefit gained by an alleged infringer due to an alleged infringement is significantly higher than the upper limit of compensation in the amount of CNY one million stipulated in Article 65 of the Chinese Patent Law, if a corresponding evidence that can determine the actual loss suffered by the right holder or the benefit gained by the alleged infringer.
Managing IP
DECEMBER 14, 2023
Ericsson said courts in Brazil and Colombia have granted preliminary injunctions in its favour as part of the company's SEP dispute with Lenovo
JD Supra Law
DECEMBER 14, 2023
Applying the Supreme Court’s Amgen v. Sanofi decision for the first time, the Federal Circuit recently affirmed a district court decision finding claims to antibodies characterized by their ability to bind a particular complex and increase its pro-coagulant activity.
Patently-O
DECEMBER 14, 2023
by Dennis Crouch CTD Networks v. Microsoft (Fed. Cir. 2023) This appeal was filed after CTD’s infringement case was dismissed on the pleadings with Judge Rodriguez (W.D.Tex.) finding the patentee failed to include plausible allegations of infringement of any claims from the patents-in-suit. U.S. Patent Nos. 8,327,442 ; 9,438,614; 9,503,470; and 11,171,974.
JD Supra Law
DECEMBER 14, 2023
On November 30, 2023, the United States Patent and Trademark Office (USPTO) unveiled a new cloud-based trademark search system. According to the USPTO, the new system will provide a “more stable search environment with a simplified search interface that also supports complex searching for advanced users.”.
LexBlog IP
DECEMBER 14, 2023
Examiner interviews are a highly useful tool for not only helping the examiner to understand the invention described in the application, but also for helping the practitioner understand the examiner’s concerns about patentability.
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