Plagiarism Today
SEPTEMBER 4, 2024
NaNoWriMo weighed in on artificial intelligence (AI) and authors, including their own leaders, are unhappy with the statement. Here's why. The post NaNoWriMo’s Massive AI Blunder appeared first on Plagiarism Today.
TorrentFreak
SEPTEMBER 4, 2024
For a torrent site, TorrentGalaxy is still a relative newcomer. The site is barely seven years of age while others have been around for over two decades. In that timespan, however, TorrentGalaxy secured a key place in the torrent ecosystem. Not only does it serve millions of users directly, its ‘release’ groups also distribute torrents across other popular sites, including The Pirate Bay and 1337x.
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JD Supra Law
SEPTEMBER 4, 2024
Last month, Director Kathi Vidal posted on her blog about global efforts to address climate change through sustainable innovation and about USPTO resources to support the military community.
IP Law 360
SEPTEMBER 4, 2024
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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
SEPTEMBER 4, 2024
On August 30, 2024, Alexion and Samsung Bioepis filed voluntary dismissals in all of their pending patent proceedings related to Soliris® (eculizumab) biosimilar Epysqli® (eculizumab-aagh), including Case No. 1:24-cv-00005 (D. Del.), CAFC Appeal No. 24-1829 (related to the denial of a preliminary injunction against the commercial launch of Epysqli®), IPR2023-00933 (U.S.
IP and Legal Filings
SEPTEMBER 4, 2024
After Companies Act, 2013 and the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 came into force, the Merger and Acquisition has experienced a major changes. This regulatory system is an important tool in administrating the process and significant aspects of M&A in India. The act which regulates the company is the Companies Act, 2013 states extensive provisions for mergers, acquisition, amalgamations, and the restructuring of the companies or corporate, providing sm
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
SEPTEMBER 4, 2024
Penning his 6 years long campaign to trace important public documents admittedly lost by the government, Prashant highlights the lack of transparency and shoddy record keeping by CDSCO and shares his exhausting experience with the resultant litigation before the DHC. Prashant Reddy T is an advocate and one of our most prolific bloggers (His posts can be accessed here ).
JD Supra Law
SEPTEMBER 4, 2024
On August 13, 2024, the Federal Circuit issued its decision in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061, which limits the scope of obviousness-type double patenting for patents in the same family. The Federal Circuit held that a first-filed, first-issued, later-expiring patent claim cannot be invalidated for obvious-type double patenting based on….
IP Law 360
SEPTEMBER 4, 2024
An artificial intelligence software developer can continue pursuing a case seeking at least $500 million in Delaware state court from an engine manufacturer over claims that it misappropriated its trade secrets after canceling a deal they had to develop an AI tool.
JD Supra Law
SEPTEMBER 4, 2024
Before Moore, Lourie, and Albright. Appeal from the United States District Court for the District of Colorado. Summary: Awarding attorneys’ fees may be an abuse of discretion if the court relies on factors that should be given no weight in the exceptional-case analysis.
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.
SpicyIP
SEPTEMBER 4, 2024
Recently, the Himachal Pradesh High Court underlined the importance of pre-institution mediation under the Commercial Court Act (CCA) by refusing to hear a patents and designs infringement suit due to plaintiff’s non compliance with the above mandatory requirement. Discussing this order and its wider significance, we are pleased to bring to you this post by SpicyIP Intern Samridhi Chugh.
JD Supra Law
SEPTEMBER 4, 2024
Wisconsin Alumni Research Foundation v. Apple Inc., Appeal Nos. 2022-1884, -1886 (Fed. Cir. Aug. 28, 2024) In its only precedential patent decision last week, the Federal Circuit brought to a close a long-running dispute between the Wisconsin Alumni Research Foundation (WARF) and Apple concerning allegations of infringement of Apple’s A7, A8, A9, and A10 processors.
The Trichordist
SEPTEMBER 4, 2024
The defeat of Big Tech sock puppet Internet Archive and their fellow travelers is one of the most important copyright cases of the decade.
JD Supra Law
SEPTEMBER 4, 2024
Medical device companies are often well versed in prosecuting multiple patents within a single “family.” Indeed, such families are often of significant value to early stage (and later stage) medical device companies. But a Federal Circuit decision from last year raised the possibility that the continued prosecution of patents within a family could invalidate those early, valuable patents.
IP Watchdog
SEPTEMBER 4, 2024
If the essence of patent rights—the right to exclude—is ever to be restored post-eBay, a new legislative vehicle for doing so has arrived in Congress. The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act is bipartisan and bicameral, as well as short and sweet—less than four pages.
JD Supra Law
SEPTEMBER 4, 2024
In 2019, Edwards Lifesciences Corporation sued Meril Life Sciences Pvt. Ltd. for patent infringement in the Northern District of California, with Fenwick representing Meril in the district court case and the recent appellate victory.
IP Law 360
SEPTEMBER 4, 2024
Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.
JD Supra Law
SEPTEMBER 4, 2024
Allergan USA v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. Aug. 13, 2024) - On August 13, 2024, the Federal Circuit reversed a district court’s decision that a patent was invalid for obviousness-type double patenting (“ODP”) and held that In re: Cellect LLC, 81 F.4th 1216, 1228–29 (Fed. Cir. 2023) did not require the invalidation of a related earlier patent even though it expired later.
IP Watchdog
SEPTEMBER 4, 2024
The U.S. Court of Appeals for the Second Circuit today affirmed a district court judgment that granted a group of book publishers’ motion for summary judgment that the Internet Archive (IA) infringed their copyright in 127 books via IA’s “Free Digital Library.” As predicted by author Devlin Hartline in a February article for IPWatchdog, the Second Circuit agreed with the publishers—Hachette Book Group, Inc; Harper Collins Publishers LLC; John Wiley & Sons, Inc.; and Penguin Random House LL
JD Supra Law
SEPTEMBER 4, 2024
Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable conduct, Therasense, Inc. v. Becton, Dickenson and Co., 649 F.3d 127 (Fed. Cir. 2011), has since been clarified by Judge Lund in a recent case, ArrMaz Products, Inc. v.
IP Watchdog
SEPTEMBER 4, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential decision, today rejected Planmeca Inc. USA’s attempt to argue that a person of ordinary skill in the art (POSITA) must have had the requisite experience to qualify as an expert at the time of invention, rather than as of the time of testimony. Judge Stoll authored the opinion.
JD Supra Law
SEPTEMBER 4, 2024
In Platinum Optics Tech. Inc. v. Viavi Sols. Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on the requirements for standing to appeal from an inter partes review (IPR) final written decision of the Patent Trial and Appeal Board (PTAB).
IP Close Up
SEPTEMBER 4, 2024
There is a lot riding financially on weather open or closed code AI will become LLM model of choice, or, if they can coexist. There are good arguments for and against. ChatGPT’s parent, OpenAI, believes that closed code is safer, more likely to discourage bad actors, provide a lower learning curve and more reliable support.
JD Supra Law
SEPTEMBER 4, 2024
Courts have long interpreted Title 35 of the U.S. Code, Section 101, to bar patenting abstract ideas, laws of nature or natural phenomena. But until six years ago, the U.S. Court of Appeals for the Federal Circuit's Section 101 case law could have at least reasonably been understood to treat the issue as a pure question of law to be most often resolved at the motion-to-dismiss stage.
IP Law 360
SEPTEMBER 4, 2024
A Texas federal judge has ordered North Carolina network infrastructure business CommScope Holding Co. Inc. and its related companies to pay $5.4 million in addition to the $11 million in patent infringement damages CommScope already must pay to a licensing company that prevailed in its claims asserting six patents.
IP Intelligence
SEPTEMBER 4, 2024
The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent. For issues of claim construction, infringement, and validity, a technical expert in a patent case must be able to offer testimony from the vantage point of someone with ordinary skill in the art of the patent.
IP Law 360
SEPTEMBER 4, 2024
Months after U.S. Patent and Trademark Office Director Kathi Vidal said the Patent Trial and Appeal Board wrongly refused to review a Neo Wireless patent targeted by Honda because Volkswagen had already challenged it, the board again has rejected Honda's petition.
The Trichordist
SEPTEMBER 4, 2024
Join the International Federation of Musicians for the launch of the Fair Culture Charter
IP Law 360
SEPTEMBER 4, 2024
The Federal Circuit on Wednesday upheld a $2.3 million patent verdict against dental imaging device maker Planmeca USA Inc., rejecting the company's argument that plaintiff Osseo Imaging LLC's technical expert was not qualified because his experience came after the invention.
The TTABlog
SEPTEMBER 4, 2024
The USPTO refused to register the mark CHEAT CODE for "mascara," finding confusion likely with the registered mark CHEAT CODES for, inter alia , various clothing items (including hats and shirts). The marks are essentially identical and therefore the first DuPont factor weighed heavily in favor of affirmance. But what about the goods? Are they related?
IP Law 360
SEPTEMBER 4, 2024
A litigation outfit has agreed to drop its patent infringement allegations against Bank of America, ending a lawsuit in the Eastern District of Texas over the programming behind user-authentication software.
Patently-O
SEPTEMBER 4, 2024
by Dennis Crouch In patent litigation, we continue to see enhanced focus on qualifying (i.e., disqualifying) expert witnesses. Skilled expert testimony can be so convincing for a jury while also laying the foundation to win on appeal. And, expert testimony is a legal necessity in most patent cases both for damages calculations (damages expert) as well as for validity and infringement (technical expert).
IP Law 360
SEPTEMBER 4, 2024
The Supreme Court of Georgia said on Wednesday that restrictive covenants don't need to contain an explicit territorial component for them to be deemed reasonable under state law, reviving a marketing organization's attempt to enforce a nonsolicitation provision in its contracts with independent agents.
JD Supra Law
SEPTEMBER 4, 2024
This week, we’re examining the repercussions for employers of a recent court decision that set aside the Federal Trade Commission’s (FTC’s) nationwide non-compete ban: On August 20, 2024, the U.S. District Court for the Northern District of Texas blocked the FTC’s ban on non-compete agreements nationwide. What does this mean for employers? Epstein Becker Green attorney Peter A.
IP Law 360
SEPTEMBER 4, 2024
A patent litigation company and its former counsel have shot back at an attempt to get the full Federal Circuit to weigh in on whether Dish Network LLC can collect more than $3 million in legal fees directly from the lawyers who filed the failed patent case.
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