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Ladies and gentlemen, hold onto your cocktails and nachos, because we might just witness one of the wildest boxing events in recent history: Mike Tyson versus Jake Paul! Yes, you heard it right. Iron Mike, the baddest man on the planet, versus the YouTube sensation-turned-boxer Jake Paul. While the fighters train and talk trash, a different kind of high-stakes battle is taking place behind the scenes.
In May 2024, WIPO published a report titled “ Making Innovation Policy Work for Development ” on the need for economies to diversify for better utilization of knowledge and eventually economic prosperity. SpicyIP Intern Deepali Vashist discusses the key aspects of this report and its observation on India. Deepali Vashist is a third-year law student at NLSIU Bangalore.
At the start of 2024, few would’ve believed that Nintendo had a plan up its sleeve that would turn the Switch emulator scene upside down in a matter of months. That Nintendo’s core strategy is effective regardless of the target, and appears flexible enough to put pressure on pro-piracy speech , is a rarity in itself. Even the timing and pace seem to have been measured to perfection.
by Dennis Crouch Recent patent prosecution data reveals a striking trend: the percentage of utility patents containing "non-transitory" software claims continued to increase -- from virtually zero 15 years ago to nearly 22% in 2024. This dramatic rise illustrates both the central role of software in our patent system and the peculiar formalistic requirements that have emerged around software patent eligibility under 35 U.S.C. § 101.
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?
Why has arbitration become a popular method for resolving IP disputes? Here, we outline when to take that option - When negotiating intellectual property contracts, parties may spend little time considering dispute resolution mechanisms. Many assume that courts are the go-to forum. However, fighting a battle in court is not the only option. Arbitration has become an increasingly popular means to resolve IP disputes in recent years.
Originally posted 2005-01-27 09:21:00. Republished by Blog Post PromoterIP News Blog at Pierce reports that the high-class joint Hooters has lost an attempt to claim trade dress rights in the colors worn by their high-class waitresses. What was this “trade dress”? According to Randall Zidones, who posted the item, “The girls at [competitor] Winghouse wore […] The post Hooters Overreaching on Trade "Dress": You can look but you’d better not touch appeared fir
The Second Circuit recently decided Structured Asset Sales, LLC v. Edward Christopher Sheeran, considering whether Sheeran’s hit song “Thinking Out Loud” infringed the copyright of Marvin Gaye’s 1973 classic “Let’s Get It On.” In a decision for Sheeran, the court held that only the sheet music deposited with the Copyright Office in 1973 was protected under the Copyright Act of 1909, which defined the scope of copyright at that time.
The Second Circuit recently decided Structured Asset Sales, LLC v. Edward Christopher Sheeran, considering whether Sheeran’s hit song “Thinking Out Loud” infringed the copyright of Marvin Gaye’s 1973 classic “Let’s Get It On.” In a decision for Sheeran, the court held that only the sheet music deposited with the Copyright Office in 1973 was protected under the Copyright Act of 1909, which defined the scope of copyright at that time.
For pharmaceutical companies, protecting brands and patient safety has never been more important — or more challenging. Learn how you can combat emerging threats from sophisticated criminals. The pharmaceutical industry operates in a high-stakes environment where patient safety, regulatory compliance, and intellectual property protection intersect. With the rise of online marketplaces, social media and illegal online pharmacies, counterfeit medications, unauthorized sales, and illegal product di
Understanding what to patent versus what to keep as a trade secret is an increasingly important and challenging decision facing companies developing biologics products, such as cell and gene therapies, where technologies are complex and rapidly evolving. Careful consideration of the risks and benefits of each, along with their distinct enforcement considerations, are essential to developing an overall IP strategy to provide robust protection of cell and gene therapy products.
Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.
In this note, we will discuss the latest decisions on the merits from the Dutch patent court on the matter of plausibility and inventive step. These were handed down in two cases (BMS v Sandoz and BMS v Teva) on 30 October 2024. The decisions concern the compound apixaban, an anticoagulant marketed by BMS under the name Equilis. The compound was protected by claim 1 of the now expired patent EP 1 427 415 B1 and is still protected by the SPC 300500.
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.
In the middle of a closely watched trademark infringement trial, the Pennsylvania State University asked a federal judge Friday to reconsider his decision to dismiss one of the defendants, arguing that Sportswear Inc.'s role as the exclusive manufacturer and distributor of Vintage Brand merchandise means Sportswear can be liable for infringement.
Following the Seventh Circuit’s recent decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd., the United States may become a destination venue for resolution of global trade secret disputes. The Seventh Circuit held that U.S. trade secret law applies extraterritorially—reaching the theft of trade secrets outside the United States—so long as “an act in furtherance” of the offense was committed in the United States.
A New York federal judge on Thursday green-lit a trademark infringement settlement in which Abbott Laboratories will receive $8 million from a Florida businessman who recently pled guilty to healthcare fraud for his role in a sprawling gray market scheme to profit off of Abbott's line of diabetic test strips meant to be sold internationally.
In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or self-employed) and, under certain conditions, to patent/ trademark attorneys. In-house counsels thus do not benefit from legal privilege in France, regardless of whether they are or were previously qualified and registered as attorneys-at-law.
This week in Other Barks & Bites: the Cloud Native Computing Foundation launches a patent troll bounty program to protect the open-source computing community; the European Patent Office announces Russia Patent Requests will be denied as part of sanctions; and Sweden becomes the first country in the world to file a trademark for its name.
This chart tracks the date, drug, reference-listed company, and applicant of Abbreviated New Drug Applications and 505(b)(2) Applications receiving final approval by the FDA.
X Corp. filed a lawsuit Thursday in California federal court seeking to block a new Golden State law aimed at combating artificial intelligence-generated deepfake political ads, claiming the regulation that takes effect in January is unconstitutional and violates Section 230 of the Communications Decency Act.
The year is 1987. My stint as General Counsel of Sergio Valente has come to an end after the break-up of its partners. I returned to private practice. I’ve worked for the last thirty-three years at Davidoff Hutcher & Citron LLP, a mid-sized law firm where I head up the firm’s Fashion Law Practice.
A California federal judge has determined that a Los Angeles sake brand can't litigate a trademark dispute in the Golden State with a similarly named wine store in Brooklyn, saying a cease and desist letter wasn't enough to establish jurisdiction.
The 90s hip-hop group 2 Live Crew won big in their copyright case against Lil’ Joe Records. Scott Hervey and Jamie Lincenberg break down copyright termination rights, bankruptcy, and what it means for artists reclaiming their work on this episode of The Briefing.
A fight between two neighboring San Francisco startups that sell artificial intelligence-powered software used to monitor truck drivers has resulted in yet another lawsuit: a new state court case that accuses a CEO of personally "texting and meeting in person" with competing sales reps in order to obtain trade secrets.
Amgen announced during its Q3 2024 Earnings Call that it had launched Pavblu™ (aflibercept-ayyh) as the first biosimilar of Regeneron’s EYLEA® (aflibercept) to be marketed in the U.S.
The owner of the 2015 film "Eden" sued Showtime, Lions Gate Entertainment Corp. and the makers of the TV series "Yellowjackets" in California federal court on Thursday, alleging that the hit show ripped off the film, which chronicles the tribulations of soccer players who resort to cannibalism after their plane crashes in the wilderness.
As the FTC continues to crack down on pharmaceutical manufacturers’ allegedly improper listing of patents in the FDA Orange Book, counsel for Teva and Amneal presented oral arguments in the Court of Appeals for the Federal Circuit on November 8, 2024, before the panel of Judges Prost, Taranto, and Hughes.
The Major League Baseball Players Association said Friday it's dropping FanDuel from a case over the alleged use of players' photos to promote sports gambling.
The 90s hip-hop group 2 Live Crew won big in their copyright case against Lil’ Joe Records. Scott Hervey and Jamie Lincenberg break down copyright termination rights, bankruptcy, and what it means for artists reclaiming their work on this episode of The Briefing.
A Connecticut salesman accused of using an artificial intelligence application to record company conference calls and his former employer have settled the company's trade secrets lawsuit, according to a joint request filed Friday seeking a permanent injunction.
Crocs, Inc. v. Effervescent, Inc., No. 1:06-cv-00605 (Fed. Cir. October 3, 2024) - On October 3, 2024, the Federal Circuit held that a party may be liable for false advertising violations under Section 43(a)(1)(B) of the Lanham Act when it “falsely claims that it possesses a patent on a product feature” and advertises that product feature in a manner that misleads consumers about “the nature, characteristics, or qualities of its product.”.
A patent-licensing company has said that an inventor connected to the business shouldn't have been dragged into its suit claiming that Starbucks infringed its patent on meal ordering technology, saying the coffee chain is trying to wrongly expand the case.
The US Court of Appeals for the Second Circuit affirmed a district court ruling that Ed Sheeran’s 2014 hit “Thinking Out Loud” does not infringe the copyright on Marvin Gaye’s 1973 classic “Let’s Get It On.” Structured Asset Sales, LLC v. Sheeran, Case No. 23-905 (2d Cir. Nov. 1, 2024) (Calabresi, Parker, Park, JJ.).
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
In the rapidly changing world of innovation and intellectual property protection, understanding the landscape of existing patents is not merely beneficial – it’s a necessity. Patent searches stand as a fundamental step in the intellectual property lifecycle, providing a critical tool for inventors, companies, and legal professionals.
Linklaters has added a senior counsel in Washington, D.C., who joins the firm's international arbitration practice from Paul Hastings LLP, weeks after that firm's international arbitration practice co-chair made a similar jump.
The intersection of trademark law and creative expression continues to evolve, most recently in Haas Automation, Inc. v. Guenther Steiner and Ten Speed Press, 2024 WL 4440914 (C.D. Cal. September 25, 2024). Haas provides fresh insight into how courts analyze trademark claims involving biographical works and sports photography. The court dismissed Haas Automation’s lawsuit, which alleged that Steiner’s book “Surviving to Drive,” infringed on the company’s trademarks associated with the Haas F1.
In this week's Off The Bench, a college football star takes the NCAA to court seeking one more year to play, the plot of a recent Netflix release might have been lifted from another creator, and a transgender college athlete's right to compete is challenged by other players.
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