Plagiarism Today
MAY 7, 2024
Yuga Labs announced a new commercial NFT venture. However, the works involved were already placed in the public domain. The post Yet Another NFT Copyright Failure appeared first on Plagiarism Today.
Erik K Pelton
MAY 7, 2024
Erik shares 25 commonly used names that are actually registered trademarks in this episode. Some of them may surprise you! The post 25 Names You Won’t Believe Are Registered Trademarks and Not Generic appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 commonly used names that are actually registered trademarks in this episode.
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Plagiarism Today
MAY 7, 2024
MGM hits back in lawsuit over Road House script, DC Circuit skeptical about DMCA challenge and diss tracks freed of copyright restrictions. The post 3 Count: Counterpunch appeared first on Plagiarism Today.
The IPKat
MAY 7, 2024
Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? The short answer is: yes. And that will be unavoidable too. The real question is therefore another: how to go about doing that? In order to answer this, it is necessary to start from the beginning and retrace the steps of a harmonization process that has led to a framework, which is an understatement to call ‘co
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
MAY 7, 2024
Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey fans are now aware that the Coyotes will be relocating to Salt Lake City.
TorrentFreak
MAY 7, 2024
Any pirate site operating at scale risks negative attention from the authorities and once governments get involved, any movement in pressure is likely to be in an upwards direction. Considering Z-Library’s well-publicized issues with the United States government, including a criminal indictment in New York, the seizure of hundreds of domains, and the site’s subsequent return online, things seem to be going remarkably well.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Christopher Roser
MAY 7, 2024
Assembly lines are THE way to do mass production. Yet, with constant regularity people try out to undo the assembly line, only to fail in their endeavor. In my previous post I looked at examples by Volkswagen in Salzgitter, Volvo in Kalmar, and Opel in Bochum, who all tried, just to switch back to an. Read more The post A Frequent Mistake—Undoing an Assembly Line—Part 2 first appeared on AllAboutLean.com.
IP Law 360
MAY 7, 2024
The Seventh Circuit's decision upholding $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China highlights the difficulty for lawyers when working alongside Chinese courts, while affirming to patent attorneys how powerful antisuit injunctions can be.
IP Watchdog
MAY 7, 2024
It is hardly an exaggeration to say that pretty much every business of every size possesses information that would qualify for trade secret protection. This is because under federal law the term “trade secret” is defined very broadly to capture virtually all types of tangible or intangible information.
JD Supra Law
MAY 7, 2024
This week, the FTC continued its intense regulatory focus on pharmaceutical patents listed in the FDA’s Orange Book. As reported in earlier editions of The Interplay, the FTC issued a policy statement in September 2023, opining that improper listings in the FDA’s “Approved Drugs with Therapeutic Equivalence Evaluations” (the “Orange Book”) may impede competition from cheaper generic alternatives and keep branded drug prices artificially high.
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
MAY 7, 2024
A federal judge in Seattle has partly granted a bid from Ironburg Inventions Ltd. to block Valve Corp. from raising certain arguments when challenging a video game controller patent at district court based on estoppel rules from the Patent Trial and Appeal Board.
JD Supra Law
MAY 7, 2024
In a recent Federal Register notice, the PTO announced a proposed rule requiring that any settlement agreement resolving a PTAB proceeding, even if such agreement occurs prior to a decision to institute an inter partes review (IPR), be submitted to the PTO. Prior to this rule, only post-institution settlements were required to be submitted, but the PTO noted that over half of all settlements occur pre-institution.
IP Watchdog
MAY 7, 2024
Intellectual property litigation in the 21st century has brought to the fore systems for asserting infringement in which IP owners may be spared some of the huge expense of litigation by “routing” extra-judicial enforcement activities through a third party. They may do so by availing themselves of programs operated by middlemen such as Amazon, which can potentially cripple a competitor with the threat of removal from Amazon.com, while the patentee can claim to be immune from a declaratory judgme
JD Supra Law
MAY 7, 2024
With generative AI on the rise, there have been growing concerns amongst copyright owners around the use of their materials in training such systems. AI systems will commonly use banks of content to "learn" how to best operate and perform requested tasks. Such content may contain copyrighted works, such as sound recordings, books, articles, news reporting and more, and the owners of such works may not even know that they are being used as training materials.
IP Law 360
MAY 7, 2024
The Patent Trial and Appeal Board has wiped out all challenged claims in a patent owned by a company that is suing Meta in California federal court.
JD Supra Law
MAY 7, 2024
On April 30, the USPTO announced a Request for Comments (RFC) seeking public feedback on how AI could affect USPTO evaluations on patentability, including what qualifies as prior art and the assessment of the level of ordinary skills in the art.
43(B)log
MAY 7, 2024
Duncan v. Kahala Franchising, L.L.C., F.Supp.3d -, CV 22-7841 (GRB)(AYS), 2024 WL 1936053 (E.D.N.Y. May 2, 2024) Lots of ice cream jokes/quotes in here, but the basic question is: “should consumers ordering pistachio ice cream at one of [Cold Stone Creamery’s] establishments expect that that product will contain actual pistachios?” Because it doesn’t, the consumer protection claim survives.
JD Supra Law
MAY 7, 2024
Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial intelligence (AI) related to an individual’s voice. The law prohibits individuals from using AI to generate and distribute replicas of another’s voice or image without their prior consent.
IP Law 360
MAY 7, 2024
A generic drugmaker on Tuesday used imagery to argue that the information in a Pacira Biosciences Inc. painkiller patent is just the proverbial tip of the iceberg, positing that regulators would have rejected the application if all the data on the medicine had been revealed.
JD Supra Law
MAY 7, 2024
In August 2023, the Federal Circuit in In re Cellect held that in evaluating unpatentability for obviousness-type double patenting (ODP) of a patent that has received patent term adjustment (PTA), the relevant date is the reference patent’s expiration date after PTA is added. 2 Cellect promptly filed a petition for rehearing en banc. A flood of amicus briefs in support of a rehearing ensued, filed by key players in the pharmaceutical industry including AbbVie, Merck, Novartis, AstraZeneca, and.
IP Law 360
MAY 7, 2024
Amazon and Seiko Epson have teamed up to go after several bad actors in Turkey and the United Kingdom that are allegedly hawking knockoff Epson printer ink bottles and cartridges on Amazon's platform, according to a trademark infringement action filed in the Western District of Washington.
JD Supra Law
MAY 7, 2024
A trade secret owner must file a civil action under the Defend Trade Secrets Act (“DTSA”) within three years of when the alleged trade secret misappropriation “is discovered or by the exercise of reasonable diligence should have been discovered.” 18 U.S.C. § 1836(d). Thus, time-bar defenses ordinarily raise thorny factual questions concerning a plaintiff’s knowledge of a defendant’s alleged misappropriation.
IP Law 360
MAY 7, 2024
NBA slam-dunk legend Dominique Wilkins and his management team are suing AmeriHealth Partners LLC in Atlanta federal court for allegedly using his name, image and likeness without his permission to market pharmaceutical products nationwide in 74,000 drug stores.
JD Supra Law
MAY 7, 2024
Trademarks serve as the cornerstone of brand identity, distinguishing the goods and services of one enterprise from those of another. Trademarks are not just legal tools: they are critical assets. They encapsulate the quality, reliability, and innovation that a company stands for, and they resonate with consumers, partners, and investors alike.
IP Law 360
MAY 7, 2024
Federal Circuit Judge Todd Hughes on Tuesday suggested that the Patent Trial and Appeal Board cited the correct standard when reviewing who first invented a particular use of the gene-editing technology CRISPR-Cas9, but then applied an improper standard when ruling in favor of a Massachusetts research team.
JD Supra Law
MAY 7, 2024
A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in large part on an inherent relatedness between wine and bar services. Exparte Appeal No. 97040804 (TTAB February 22, 2024). The Board’s opinion is silent on whether other alcoholic beverages and bar services may be considered related, but suggests that is likely the case.
IP Law 360
MAY 7, 2024
A Samsung contractor says a Texas jury finding that cleared the South Korean phone maker from a $4 billion patent suit should free it from similar allegations in a case in California.
JD Supra Law
MAY 7, 2024
SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction. Specifically, the Court considered whether a patent owner that employs Amazon.com’s Amazon Patent Evaluation Express (APEX) program confers personal jurisdiction in the state where the defendant is based.
IP Law 360
MAY 7, 2024
The D.C. Circuit on Tuesday scrutinized the U.S. International Trade Commission's bid to revive an investigation into a former expert witness retained by Qualcomm for allegedly breaching a protective order, questioning whether the expert's successful suit to stop the probe was premature, as the commission claims.
JD Supra Law
MAY 7, 2024
The Federal Circuit’s decision in Luv N’ Care v. Laurain (April 12, 2024) addresses the legal standards for remedying egregious forms of deceptive conduct by patent owners through the equitable barring of relief and patent unenforceability.
IP Law 360
MAY 7, 2024
The chairs of the House Ways and Means Committee and its Trade Subcommittee chided U.S. Trade Representative Katherine Tai in a letter Tuesday over her office's purported "inaction" in reviewing tariffs covering $300 billion worth of goods from China.
Indiana Intellectual Property Law
MAY 7, 2024
The U.S. Patent Office issued the following 243 patents to persons and businesses in Indiana in March 2024: Patent Number Title US 11943517 B2 Method and apparatus for remotely tuning channels using DLNA DMS service US 11938065 B2 Table top to bracket coupling apparatus for spine surgery table US 11938997 B1 Vehicle having electric drive and operator platform US 11937998 B2 Hearing protection device and method of forming same US 11940980 B2 Methods and syste
IP Law 360
MAY 7, 2024
A corporate-focused tax preparation software company still can't pare back a suit alleging that it poached workers from its rival's recently acquired company, a Pennsylvania federal judge ruled Tuesday.
Velocity of Content
MAY 7, 2024
For the second year in a row, CCC has won five Top Workplaces Culture Excellence Awards in the categories of Compensation & Benefits; Leadership; Work-Life Flexibility; Innovation; and Purpose & Values. The Compensation & Benefits award celebrates organizations that provide packages its employees believe are fair for the work being done.
IP Law 360
MAY 7, 2024
Arguments are being made for and against allowing organizations to provide charitable contribution tax deductions for donations used to compensate student-athletes, a practice with impacts on competition for student-athletes and overall tax fairness, but ultimately it is a question for Congress, say Andres Castillo and Barry Gogel at the University of Maryland School of Law.
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