JD Supra Law
APRIL 19, 2024
In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if not rescheduling, what about creating a safe harbor for banking? Again, maybe (albeit less likely).
TorrentFreak
APRIL 19, 2024
At the start of the 2010s, Movie2K was one of the most visited sites on the web. The site was an early adopter of pirate streaming and at its peak, secured a spot among the twenty most-visited websites in Germany, beating Twitter and Amazon. Movie2K’s success generated a healthy revenue stream which its operators converted to a new and exciting ‘currency’ called Bitcoin.
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JD Supra Law
APRIL 19, 2024
In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board (“PTAB”) decision in holding that certain claims of the Virtek patent (U.S. Patent No. 10,052,734) were unpatentable as obvious. See Virtek Vision Int’l ULC v. Assembly Guidance Sys., Inc, No. 2022-1998 (Fed. Cir. Mar. 27, 2024). On cross-appeal, the court also sided with Virtek, affirming that the challenger failed to prove the remaining claims unpatentable as obvious.
IP Law 360
APRIL 19, 2024
In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.
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?
TorrentFreak
APRIL 19, 2024
Under U.S. copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.” Many ISPs have been reluctant to take such drastic measures, which triggered a wave of copyright infringement lawsuits in recent years with WideOpenWest ( WOW! ) as one of the targets. The Colorado-based Internet provider was sued by a group of movie companies including Millennium Media and Voltage Pictures.
IP Law 360
APRIL 19, 2024
Luxembourg-based steel manufacturer ArcelorMittal is asking the U.S. International Trade Commission to bar electric vehicle imports from Vinfast, which claims to be the first Vietnamese business to ship electric cars worldwide, with ArcelorMittal saying the company is infringing its patented aluminum-steel coating.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
APRIL 19, 2024
A Pennsylvania federal judge sitting in Delaware has determined that Inmar Brand Solutions Inc.'s coupon-processing system patents are not abstract and therefore should not be invalidated under the U.S. Supreme Court's Alice precedent.
JD Supra Law
APRIL 19, 2024
OVERVIEW - Recently, the California Court of Appeals in Simmons v. Ehm Architecture, Inc., No. D080702, 2023 WL 8888228 (Cal. App. 4th Dist. Dec, 26, 2023) (unpublished), held that an owner giving his architect's plans to another architect without the first architect's consent for the new architect to complete the project constituted theft.
IP Law 360
APRIL 19, 2024
An Ohio federal jury on Friday found in favor of the makers of the video game series NBA 2K, which were accused by a tattoo artist of infringing copyrights he has on tattoos that he inked on LeBron James and other basketball players.
JD Supra Law
APRIL 19, 2024
Use of AI-based tools are permitted, but parties should use caution to ensure compliance with all duties and obligations - Recognizing that AI tools are already being used by parties practicing before the USPTO, this week the USPTO published guidance concerning the use of AI-based tools in practice. The guidance highlights existing rules and obligations, which apply regardless of whether AI tools are used, and indicates instances where use of AI tools may present unique risks.
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.
IP Law 360
APRIL 19, 2024
Four companies that make or distribute artificial intelligence software that creates art through prompts have told a California federal court that a proposed class action from artists must end, arguing the plaintiffs still have not shown proof that any of the businesses infringed or induced infringement of copyrighted works.
JD Supra Law
APRIL 19, 2024
On the heels of the preliminary injunction awarded in Tennessee/Virginia v, NCAA, the Virginia legislature has amended its Name, Image, Likeness (NIL) statute. The legislature appears to be taking advantage of the NCAA’s waning authority over NIL usage and compensation for college athletes in an effort to provide Virginia athletes and colleges a competitive advantage.
IP Law 360
APRIL 19, 2024
A Texas federal jury on Friday cleared Roku Inc. on allegations that it infringed two Ioengine LLC patents with its various streaming players, while not addressing arguments that those patents should be invalidated.
JD Supra Law
APRIL 19, 2024
Despite strong private equity interest in drug and device targets, policy changes in the healthcare industry have made the M&A market tricky to navigate. Healthcare has been one of the most active policy focus areas in 2023 and this ongoing policy activity has the potential to impact private equity investors in the industry.
IP Watchdog
APRIL 19, 2024
This week in Other Barks & Bites: HP sues a Chinese competitor for infringing on cloud computing patents; three federal agencies launch portal to report anti-competitive practices in the healthcare sector; and a European court rejects Pablo Escobar’s family to register the drug lord’s name as a trademark.
JD Supra Law
APRIL 19, 2024
The US Court of Appeals for the Fifth Circuit affirmed a district court’s decision finding trade secret misappropriation and breach of contract based on a recruiter’s improper use of confidential client information. Counsel Holdings, Incorporated v. Jowers, Case No. 22-50936 (5th Cir. Apr. 1, 2024) (King, Ho, Engelhardt, JJ.) (per curiam).
IP Law 360
APRIL 19, 2024
Not enough evidence supports Skye Orthobiologics' $25.5 million punitive damages award against an ex-employee found to have breached his fiduciary duties by leveraging Skye's proprietary information, a California federal judge has ruled, asking for briefing on whether the proper remedy is to cut the damages or grant a new trial.
JD Supra Law
APRIL 19, 2024
The US International Trade Commission issued a Federal Register notice of proposed rulemaking related to 19 C.F.R. Parts 201, 205, 207 and 210, which govern the Commission’s Rules of Practice and Procedure. The Commission seeks feedback by May 20, 2024. Proposed Rules, 89 Fed. Reg. 61, 22012-39 (Mar. 28, 2024).
IP Law 360
APRIL 19, 2024
U.S. Patent and Trademark Office Director Kathi Vidal on Friday faulted the Patent Trial and Appeal Board's denial of a petition challenging a lighting patent based on a previous review of the same patent by an unrelated company that settled.
JD Supra Law
APRIL 19, 2024
Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some interesting issues to be decided (if it gets that far).
IP Law 360
APRIL 19, 2024
As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.
JD Supra Law
APRIL 19, 2024
As my colleagues Brian Johnson and Ian Swan reported in March, dissenting and concurring opinions in Section 337 Investigations, either as footnotes or separate opinions, at the International Trade Commission (ITC) have become more frequent in the last 10 years. However, the data (visualized below) shows that not all Commissioners dissent or concur equally.
IP Law 360
APRIL 19, 2024
Nestle USA Inc. and two food distributors have asked a Texas federal judge to permanently dismiss their trademark infringement fight accusing the distributors of illegally selling so-called gray-market versions of Nescafe Clasico and Abuelita products, saying parties recently reached a settlement agreement.
JD Supra Law
APRIL 19, 2024
Tennessee's ELVIS Act —Breaking down the Ensuring Likeness, Voice, and the Image Security Act of 2024. Scott Hervey and James Kachmar from Weintraub Tobin discuss its impact on AI audio technology and how it protects musicians in the next installment of “The Briefing.”.
IP Law 360
APRIL 19, 2024
A New York federal judge on Friday refused Jane Street Group LLC's bid for an emergency order after the trading firm accused rival Millennium Management LLC and two former employees of stealing and misappropriating a confidential trading strategy.
JD Supra Law
APRIL 19, 2024
The US Patent & Trademark Office (PTO) issued new guidance on the use of artificial intelligence (AI) tools in practice before the PTO. The new guidance is designed to promote responsible use of AI tools and provide suggestions for protecting practitioners and clients from misuse or harm resulting from their use.
IP Law 360
APRIL 19, 2024
Protein powder maker Orgain wasn't able to increase its $10 million jury award it won in a trade dress infringement lawsuit against a rival, with a California federal judge saying she wouldn't give it a "massive windfall.
JD Supra Law
APRIL 19, 2024
The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or granting summary judgment to the defendant with respect to a copyright claim related to software. RJ Control Consultants, Inc., et al. v.
IP Law 360
APRIL 19, 2024
Paramount Pictures has urged a California federal court to toss a lawsuit from the actor who played Henry "Wolfman" Ruth in the original "Top Gun," saying he cannot claim his image was used in the 2022 sequel without his permission because the movie studio owns all rights to the Wolfman character.
JD Supra Law
APRIL 19, 2024
Addressing subject matter eligibility under 35 U.S.C. § 101, the US Court of Appeals for the Federal Circuit upheld the district court’s finding that patents related to computer visualizations of medical scans were patent ineligible. AI Visualize, Inc. v. Nuance Communications, Inc., Case No. 22-2019 (Fed. Cir. Apr. 4, 2024) (Moore, Reyna, Hughes, JJ.).
IP Law 360
APRIL 19, 2024
With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes and Boone.
JD Supra Law
APRIL 19, 2024
On April 15, 2024, Fresenius Kabi announced the U.S. launch of its ACTEMRA biosimilar, TYENNE (tocilizumab-aazg) as an intravenous formulation.
IP Law 360
APRIL 19, 2024
This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.
JD Supra Law
APRIL 19, 2024
JANSSEN PHARMACEUTICALS, INC. v. TEVA PHARMACEUTICALS USA, INC. Before Prost, Dyk, and Hughes. Appeal from the United States District Court for the District of New Jersey. Summary: District court erred by adding unclaimed limitations to the claims in analyzing obviousness.
IP Law 360
APRIL 19, 2024
Royal Mail has accused a software developer of using its database of postcode information to set up its own address-finding company.
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