SpicyIP

OCTOBER 11, 2024

Image from here Recently, Praharsh revived a discussion about the not-very-active state of IP academic interventions in India while sharing the news of the appointment of Prof. Arul Scaria by the Delhi High Court as an “expert” in a copyright case. Prashant raised similar questions a few years ago when Prof. Basheer was appointed, as an “academic intervenor” in the Novartis case.

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TorrentFreak

OCTOBER 11, 2024

The artificial intelligence boom promises progress and innovation but, at the same time, it poses a threat to existing industries. Over the past two years, dozens of lawsuits were filed against technology companies. Most of these amount to copyright infringement complaints, challenging the unauthorized use of protected works as AI training data. The RIAA and its members are also involved in these legal battles.

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Music Copyright Infringement Reporting Technology 85

SpicyIP

OCTOBER 11, 2024

Image from here In Part I , we looked at the legal mechanism around IP professors’ engagement with the judiciary. This post furthers the discussion by broaching a few questions/ideas for engagement. Two Hypotheses and Many Questions I get two points or hypotheses from the Part-I discussion: the Indian legal system doesn’t see, or at least doesn’t leave much space for (IP) law professors as influential drivers of socio-legal change, unlike advocates, leaving little room for them to make sub

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IP Law Government Reporting 81

JD Supra Law

OCTOBER 11, 2024

Introduced in response to certain digital media sellers (e.g., game publishers) revoking consumer access to purchases with little to no recourse, AB 2426 forces sellers of “digital goods,” such as movies, apps, games, books and music to clarify what a consumer is actually receiving in connection with their “purchase.” Often companies refer to the “purchase” or “sale” of digital goods, yet the associated terms of service make clear that the buyer only receives a revocable license to the such.

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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

The TTABlog

OCTOBER 11, 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. How do you think they came out? In re Hi-Tech Pharmaceuticals, Inc. , Serial No. 97092374 (October 7, 2024) [not precedential] (Opinion by Judge Robert H.

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JD Supra Law

OCTOBER 11, 2024

On August 14, 2024, the US District Court for the District of Delaware entered final judgment in Wyeth—a patent infringement case relating to pharmaceuticals for treating non-small cell lung cancer (“NSCLC”)—vacating a jury verdict that awarded $107.5 mm of damages in favor of Plaintiff. In the final judgment, the court granted Defendants’ motion for judgment as a matter of law (“JMOL”), holding the asserted claims of the patents-in-suit—U.S.

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Patent Infringement Patent Law 73

JD Supra Law

OCTOBER 11, 2024

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 30-October 6. Here’s what’s happening.

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IP Watchdog

OCTOBER 11, 2024

This week in Other Barks & Bites: the U.S. Department of Justice proposes multiple remedies to Google’s alleged monopolistic practices, including breaking up the tech giant; the U.S. Court of Appeals for the Federal Circuit (CAFC) overturns a lower court ruling, reviving a patent infringement lawsuit against Salesforce; and Limp Bizkit sues Universal Music Group for $200 million in unpaid royalties.

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Patent Infringement Music Patent Intellectual Property 59

JD Supra Law

OCTOBER 11, 2024

For years, artificial intelligence (AI) has been deployed in the networking industry to make evaluations and predictions about computer networks for the purpose of improving overall efficiency, performance, and security. Unlike human administrators who act in response to events that occur in the network, AI allows for predictive network management that is proactive, eliminating performance degradations and security breaches before they ever occur.

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Intellectual Property Patent 68

IP and Legal Filings

OCTOBER 11, 2024

Introduction Whenever we discuss any lawful work or papers, the initial thing which comes into our brain is “a ton of paper work” A smart contract could be a unique advantage here as it can reduce or say can assist us with disposing of paper work totally. A smart contract is an agreement that gets executed naturally. This programmed execution is made conceivable through computer code which interprets the particulars of the agreement into an executable program.

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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

JD Supra Law

OCTOBER 11, 2024

To protect its data and better compete in the market, an organization must treat its data as an intellectual property. That means understanding the different intellectual property regimes and their accompanying requirements. In addition, organizations should also consider intangible property rights that provide other means of protection (e.g., trespass to chattels and conversion).

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Likelihood of Confusion

OCTOBER 11, 2024

Originally posted 2015-04-03 14:28:25. Republished by Blog Post PromoterLooks like somebody’s going to be ponying up: here’s the latest in the saga between the (old) rich (the U.S. Polo Assocation) and the (new) preposterously rich (Ralph Lauren): The US Polo Association filed a suit against Ralph Lauren claiming that the fashion giant is trying to make money […] The post Mark-o!

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Blogging Law Trademark 52

JD Supra Law

OCTOBER 11, 2024

On October 4, 2024, Amgen filed Case No. 1:24-cv-09555 (N.D. Ill.) against Fresenius Kabi, alleging FKS518 (denosumab), its proposed Prolia® / Xgeva® (denosumab) biosimilar, would infringe 33 of Amgen’s patents.

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IP Law 360

OCTOBER 11, 2024

Western Digital's counsel on Friday challenged a Spex Technologies expert witness on his testimony that Western Digital's drives lift Spex's data encryption patent, showing California federal jurors that the drives in question don't allow for the type of communication contemplated by Spex's invention.

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JD Supra Law

OCTOBER 11, 2024

As AI tools become more prevalent in the life sciences, biotechnology companies need to evaluate AI’s impact on their ability to protect the results of their research. Recent U.S. Patent and Trademark Office (PTO) guidance can help inform your scientific development process, from experimental design to patent prosecution to legal disputes that may arise.

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IP Law 360

OCTOBER 11, 2024

Former men's college basketball players in a proposed class action accusing the National Collegiate Athletic Association of exploiting the highlights of their March Madness performances dropped co-defendant Turner Sports Interactive from their lawsuit in New York federal court on Friday.

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JD Supra Law

OCTOBER 11, 2024

The US Patent & Trademark Office (PTO) announced the termination of the After Final Consideration Pilot Program (AFCP) 2.0, effective December 15, 2024. Launched in 2013, AFCP 2.0 aimed to streamline the patent examination process following a final rejection by allowing applicants to submit amendments without incurring additional fees.

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IP Law 360

OCTOBER 11, 2024

The NCAA has removed to federal court a lawsuit filed by South Dakota's attorney general that argues the organization's proposed $2.78 billion name, image and likeness settlement unlawfully tosses its guiding principle of amateurism.

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JD Supra Law

OCTOBER 11, 2024

The US Court of Appeals for the Federal Circuit concluded that the entire market value rule was not applicable where conclusory expert testimony was the only evidence that a product’s infringing features drove consumer demand, and therefore reversed. Provisur sued Weber in the Western District of Missouri over three patents related to slicing and packaging meats and cheeses.

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Marketing Marketing Patent 62

IP Law 360

OCTOBER 11, 2024

A Federal Circuit judge on Friday hinted that the evidence a software company presented in an infringement lawsuit against Meta Platforms Inc. over data storage technology may have been too general to overcome the Facebook parent's summary judgment motion, as the court considered the firm's bid to revive its complaint a second time.

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JD Supra Law

OCTOBER 11, 2024

Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their patent. You conduct a prior art search and find some references related to the design. Can you invalidate the design patent through an inter-parties review in the United States Patent and Trademark Office or a court proceeding based on these prior art references?

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IP Law 360

OCTOBER 11, 2024

The U.S. International Trade Commission has backed a finding that medical aesthetic provider Medytox Inc. failed to prove that two other companies wrongly used its antiwrinkle biotechnology to create another product.

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JD Supra Law

OCTOBER 11, 2024

The U.S. Patent & Trademark Office (USPTO) published a final rule on October 10, 2024, that reaffirms that only members of the patent bar may serve as lead counsel in AIA proceedings before the Patent Trial and Appeal Board (PTAB). The final rule signifies a retreat from a proposed change by the USPTO earlier this year that would have allowed non-registered attorneys to appear as lead counsel in PTAB proceedings on a pro hac vice basis.

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IP Law 360

OCTOBER 11, 2024

A Diamond District jeweler who appeared in a popular Adam Sandler movie is being sued in New York federal court for allegedly selling a counterfeit version of a custom cross pendant worn by the rapper 50 Cent.

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JD Supra Law

OCTOBER 11, 2024

The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office (PTO) relating to “pillaged patents.”.

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IP Law 360

OCTOBER 11, 2024

A Delaware federal judge refused to invalidate Apple Inc.'s smartwatch patents being challenged by health technology company Masimo Corp. ahead of this month's jury trial over whether the tech behemoth infringed Masimo's pulse oximetry technology patents.

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JD Supra Law

OCTOBER 11, 2024

The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics.

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Registration Trademark Patent 62

IP Law 360

OCTOBER 11, 2024

Samsung has failed yet again to convince judges on an administrative patent board to take a look at their efforts to dislodge patents asserted against the Galaxy Watch In Texas federal court, despite winning a remand earlier from the head of the U.S. Patent and Trademark Office.

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Patent Trademark 52

JD Supra Law

OCTOBER 11, 2024

Flava Works used to file a good number of file-sharing lawsuits. I have not seen alot lately. However, they have just filed a mass Doe Defendant lawsuit in Illinois Federal Court (Northern District) alleging copyright and trademark infringement. This blog discusses what the complaint alleges.

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Blogging Trademark Copyright 62

IP Law 360

OCTOBER 11, 2024

The largest producer of generic drugs in Canada is infringing U.S. patents for Rybelsus, a medication for people with Type 2 diabetes that also is used for weight loss, drugmaker Novo Nordisk Inc. claimed in a federal lawsuit.

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Patent 52

Olartemoure Blog

OCTOBER 11, 2024

In Colombia, government entities are implementing and strengthening strategies to mitigate risks related to corruption , money laundering , and the financing of terrorism. These measures often include the creation of more robust regulatory frameworks, personnel training, and the promotion of transparency. Among these efforts, we highlight the Mayor’s Office of Cali, which, through Decree 4112.010.20.0747 of 2024 , established that the agencies and departments that comprise the Central Sect

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Intellectual Property Government Business 52

IP Law 360

OCTOBER 11, 2024

Swiss authorities have dropped their antitrust probe into patent suits Novartis lodged against rival Eli Lilly and others over psoriasis treatment Cosentyx, saying Novartis' actions were aboveboard.

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IP Patent 52

Olartemoure Blog

OCTOBER 11, 2024

The United States Patent and Trademark Office (USPTO) decided to cancel the trademarks “SUPER HERO” and “SUPER HEROES”, jointly registered by Marvel and DC Comics, following a cancellation action initiated by the British company Superbabies Limited, which took this action after having received a complaint from DC, accusing it of infringing industrial property rights with its trademark application for “SUPER BABIES”.

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IP Law 360

OCTOBER 11, 2024

A California federal judge expressed some skepticism Friday about allowing router maker Netgear Inc. to proceed with monopolization claims over Huawei Technologies Co.'s patents, wondering aloud whether this would amount to "saying any breach of contract claim can be turned into an antitrust case.

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The TTABlog

OCTOBER 11, 2024

The TTABlogger is pleased to announce that Dorsey IP litigation partner and consumer survey expert, Michael Keyes, will provide my dear readers (and anyone else) with an entertaining webinar on " Avoiding Consumer Survey Pitfalls at the TTAB " on Wednesday, October 16, 2024, at 12:00PM - 1:00PM ET, 11:00 AM CT, etc. To register, please click here. Consumer surveys are on the rise at the TTAB.

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