Tue.Oct 29, 2024

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3 Count: Default Strategy

Plagiarism Today

German pirate IPTV operators sentenced, MPA pushes for stronger AI regulation, and Gigi Hadid defaults on a photography lawsuit. The post 3 Count: Default Strategy appeared first on Plagiarism Today.

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The Value of a Trademark Registration

Erik K Pelton

Erik summarizes the results of a recent study published by the NOVA School of Business & Economics about the data used to show the tremendous monetary value of having a registered trademark for businesses. The post The Value of a Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Erik summarizes the results of a recent study published by the NOVA School of Business & Economics about the data used to show the tremendous monetary value of having a registered tradem

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5 Copyright Battles Over Halloween Masks

Plagiarism Today

With Halloween coming up, we are taking a look at five copyright battles fought over masks, in particular Halloween masks. The post 5 Copyright Battles Over Halloween Masks appeared first on Plagiarism Today.

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Shueisha Hunts Manga Pirates But Needs Google, PayPal & VISA to Assist

TorrentFreak

Identifying the anonymous operators of pirate sites and then locating them, wherever they are in the world, is rarely a straightforward matter. Even when that is achieved, filing copyright lawsuits and then winning those cases could take years rather than months to complete. Japan-based publishing giant Shueisha often utilizes courts in the United States to obtain information on mostly anonymous pirate site operators.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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PTAB Upholds Solar Co.'s Power Supply Patent

IP Law 360

The Patent Trial and Appeal Board has shot down a bid from a German solar energy technology company's U.S. unit to invalidate a competitor's solar power supply patent, the latest blow to the subsidiary in a larger patent fight.

Patent 94
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GEMINI Spells Double Trouble for Google’s AI: Gemini Data, Inc. Sues for Trademark Infringement and USPTO Rejects GEMINI Trademark Applications

JD Supra Law

Gemini Data, Inc., a data analytics company that leverages artificial intelligence (AI) technologies, has filed a federal complaint against Google LLC in the US District Court for the Northern District of California, alleging that Google’s adoption and continued use of GEMINI in connection with its AI chatbot tool infringes Gemini Data’s trademark rights.

More Trending

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Federal Circuit Keeps Open Possibility Of Antisuit Injunction In Ericsson v. Lenovo

JD Supra Law

On October 24, 2024, the Federal Circuit issued a precedential opinion that may have implications for litigation involving standard essential patents (SEPs). Telefonaktiebolaget LM Ericsson v. Lenovo (United States), Inc., No. 24-1515 (Fed. Cir. Oct. 24, 2024). The Court vacated the district court’s denial of Lenovo’s request for an antisuit injunction to prevent Ericsson from enforcing injunctions obtained in Colombia and Brazil, and remanded the case for further proceedings below.

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[Guest post] UFC-Que Choisir v. Valve: Game over for a second-hand dematerialized video game market in France

The IPKat

The IPKat has received and is pleased to host the following guest post by Katfriends Jean-Sébastien Mariez and Laura Godfrin (both Momentum Avocats), discussing a very recent ruling of the French Supreme Court regarding second-hand markets for digital goods. Here is what they write: UFC-Que Choisir v. Valve : Game over for a second-hand dematerialized video game market in France by Jean-Sébastien Mariez and Laura Godfrin In its ruling dated October 23, 2024, the French Supreme Court (Cour de cas

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Bizarre Dispute Between AI-Biotech Startup and Former Executive Ends in Trade Secret TRO, For Now

JD Supra Law

With a factual background that resembles a bad Hollywood script, the most recent chapter in the ongoing dispute between former co-founder of Trilobio, Keoni Gandall (defendant), and Trilobio and his two former partners and co-founders Roya Amini-Naieni and Maximilian Schommer (plaintiffs) ended on October 17, 2024, with the court enjoining Gandall and his new company from using Trilobio’s trade secrets.

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[Book Review] Designs Law and Practice (3rd Edition)

The IPKat

This is a review of “ Designs Law and Practice (3rd Edition) ” by RPC. Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus on the United Kingdom. Written by a team at RPC, together with contributions from law firms in several other countries, including the US, the book covers the following topics: Chapte

Editing 64
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IPO Diversity in Innovation Toolkit

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.

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Key Takeaways from the 2024 Licensing Executives Society (LES) Annual Meeting

JD Supra Law

The Licensing Executives Society (LES) recently held its annual meeting in New Orleans, drawing together a diverse group of intellectual property (IP) licensing professionals, including attorneys, academics, service providers, and industry leaders in fields like life sciences and high technology. The multi-day event covered a range of important themes for those navigating the evolving landscape of IP licensing.

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Brazil’s Superior Court of Justice Rules Infringement Courts Can Hear Invalidity Arguments

IP Watchdog

Over the past decade, Brazil has seen an increase in patent litigation, as the local economy grows and stabilizes. With more companies eyeing Brazil as a strategic country for the protection of IP, the patent system becomes more scrutinized and more complex patent cases are filed. On June 12, 2024, the Superior Court of Justice (Superior Tribunal de Justiça, or STJ), Brazil’s highest court with jurisdiction over non-constitutional matters, issued a ruling allowing invalidity defenses on an indus

Designs 59
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Patent Poetry: 2 Live Crew Heirs Win Right to Reclaim Music

JD Supra Law

Luther Campbell, the former leader of 2 Live Crew, and the heirs of two other group members have won a legal battle over the rights to the group’s music. Lil’ Joe Records, owned by Joseph Weinberger, bought the group’s catalog in 1996 as part of Campbell’s bankruptcy proceedings.

Music 66
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Toyota Change Point Management: Henkaten

Christopher Roser

Henkaten is an approach by Toyota to deal with changes in their manufacturing system. It is one of the lesser-known words of the lean vocabulary. Often translated as “change point,” it is about managing a change. However, there is no magic behind yet another Japanese word. It is all just the basics like most methods.

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Vascular Solutions LLC v. Medtronic, Inc. (Fed. Cir. 2024)

JD Supra Law

The metes and bounds of how courts should consider indefiniteness under 35 U.S.C. § 112(b) were addressed most recently by the Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898 (2014). Regardless, however, of the Court's attempts to properly construe this portion of the Patent Statute.

Patent 63
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Revocation for non-use of Baccarat’s EUTM: When proving genuine use is crystal clear

The IPKat

It is not uncommon for well-established companies with a business firmly rooted in a given product category to desire expansion. For example, several companies that are primarily engaged in the production of apparel have extended their product lines to encompass home furnishings (and vice versa) ( e.g. here or here ). This Kat was surprised to find a recent decision issued by the EUIPO Cancellation Division concerning the French house Baccarat, renowned for its crystal creations.

Designs 56
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Latest Federal Court Cases - October 2024 #4

JD Supra Law

Telefonaktiebolaget LM Ericsson, Ericsson AB, Ericsson, Inc. v. Lenovo (United States), Inc. et. al., Appeal No. 2024-1515 (Fed. Cir. Oct. 24, 2024) In our Case of the Week, the Federal Circuit clarified that, for an issue in a domestic suit to be “dispositive” under the Microsoft framework in foreign antisuit injunction proceedings, it only needs to potentially resolve whether the injunction is appropriate, and does not need to necessarily resolve the entire dispute.

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Akerman Hires 2 IP Partners From Kilpatrick In NYC

IP Law 360

Akerman LLP announced Monday that two former partners at Kilpatrick Townsend & Stockton LLP are the latest additions to its intellectual property practice group in New York City.

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Establishing Unexpected Results: PTAB Highlights Pitfalls For Rule 132 Declarations

JD Supra Law

A recent decision by the Patent Trial and Appeal Board (PTAB) sheds light on certain pitfalls patent applicants may encounter when submitting declarations under 37 C.F.R. § 1.132 (“Rule 132 Declarations”). Rule 132 Declarations are frequently used in life sciences patent prosecution to submit data in support of a patent application. They are an important tool for rebutting obviousness rejections raised under 35 U.S.C. § 103 by establishing that an applicant’s invention produces unexpected.

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Another ROP amicus

43(B)log

Nolen v. PeopleConnect , arguing that ROP laws applied to noncommercial speech like reprinting high school yearbooks are generally unconstitutional.

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Texas Jury Mostly Sides With Bell In Trade Secrets Row

IP Law 360

A Texas jury on Tuesday largely found in favor of Bell Helicopter Textron Inc. in a suit claiming that it used a former vendor's trade secrets to prep a replacement supplier, concluding that Bell breached its contract with the vendor but that the Fort Worth, Texas-based aerospace manufacturer hadn't stolen intellectual property.

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Life Sciences Masters Panelists Say USPTO’s Controversial Anti-Pharma Rules are Unlikely to Progress

IP Watchdog

During IPWatchdog’s Life Sciences Masters program, which is taking place this week from Monday to Wednesday, panelists on the one hand breathed a sigh of relief that certain rule proposals considered most destructive to the industry seem unlikely to move forward, but on the other, lamented the overall negative tenor of the public debate around pharmaceutical patents today.

Patent 52
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Lawmakers Want Update On Copyright Office's AI Reports

IP Law 360

The U.S. Copyright Office is late in submitting reports on the intersection of artificial intelligence and copyright law, according to a recent letter from leadership on the House committee with jurisdiction over the matter.

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Phonetics Is One Important Part of the Reading Process

Velocity of Content

“English can be weird. It can be understood through tough thorough thought, though.” ― Anonymous Only 26 letters create the 44 sounds in the English language. The 24 consonant sounds reasonably correlate to the 21 consonants in the alphabet, while the 20 vowel sounds seem near impossible to create, considering there are only 5 vowels in the alphabet.

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Fed. Circ. Calls Plastic Co.'s IP Retrial Objection 'Frivolous'

IP Law 360

A panel of the Federal Circuit said Tuesday a plastic packaging manufacturer is making a "frivolous" objection to how a Massachusetts federal judge decided to set up a retrial scheduled next week over whether patents covering a kind of tamper-resistant container are invalid.

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Timeshare company's own "exit" program for "qualified" owners isn't misleading even if broadly unavailable

43(B)log

Wesley Financial Gp. v. Westgate Resorts, Ltd., 2024 WL 4581512, No. 6:23-cv-2347-RBD-LHP (M.D. Fla. Aug. 28, 2024) A rare timeshare exit company lawsuit against a timeshare developer, alleging false advertising and related claims. It’s unsuccessful but points to practices that the FTC or AGs might have something to say about. At one point, plaintiff WFG obtained accreditation and an A+ rating from the Better Business Bureau, which it advertised with the AARP, allegedly bringing in more than $10

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ByteDance's Sanctions Bid Against Ex-Worker Delays Trial

IP Law 360

A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.

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RIAA defenders directory

Likelihood of Confusion

Originally posted 2014-08-11 18:52:30. Republished by Blog Post PromoterI’m not so sure the RIAA isn’t on firm legal ground. In fact, I think they mostly are. Information may want to be free but so does crude oil; that doesn’t mean you can just set up a pump on my front lawn. But I do think […] The post RIAA defenders directory appeared first on LIKELIHOOD OF CONFUSION™.

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DraftKings Denied $2.3M Fee Bid In Gambling Patent Row

IP Law 360

A Delaware federal judge on Tuesday denied DraftKings's $2.3 million fee bid for defeating Interactive Games' suit accusing it of infringing patents related to remote betting, ruling that Interactive Games' case isn't exceptional or frivolous since its patents were presumed valid and there's no evidence that Interactive Games was seeking quick settlements.

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Precedential No. 26: TTAB Denies Motion to Compel: Responding without Objection to First Set of Discovery Requests does not Preclude Excessiveness Objection to Second Set

The TTABlog

The Board denied Opposer 1661's motion to compel discovery responses premised on the unsupported and dubious notion that, once a party responds to a first set of interrogatories or document requests, it cannot object to a second set on the ground that the total number of interrogatories or documents requests exceeds the maximum limit of 75. 1661, Inc. v.

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Roku Invalidates Smart Alarm Claims At Patent Board

IP Law 360

Roku Inc. has persuaded an administrative board at the patent office to wipe out six claims in a "smart" alarm device patent developed by a subsidiary of Roku's longtime rival, Universal Electronics Inc.

Patent 52
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The Enduring Patent Owner/Licensee Standing Distinction

Patently-O

by Dennis Crouch In Zebra Technologies Corporation v. Intellectual Tech LLC , No. 24-114, IT has filed its brief in opposition to Zebra's petition for writ of certiorari. The case focuses on patent-owner standing in situations where multiple entities share patent rights — particularly whether a patent owner loses Article III standing when because of a patentee default that provides a third party (here, a security interest holder) the right to license the patent.

Patent 45
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Retired Fed. Circ. Judge Backs Invisalign In Monopoly Cases

IP Law 360

Retired Federal Circuit Judge Paul R. Michel warned the Ninth Circuit on Tuesday that reversing a lower court's decision to toss a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market by illegally refusing to deal with a rival would increase patent owners' legal uncertainties.

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Bullying and Clinical Depression Could Not Keep this ‘Shark Tank’ Inventor from Succeeding

IP Close Up

Akeem Shannon is not the typical ‘Shark Tank’ contestant.

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Allergan, Mankind Settle IP Fight Over Lumigan Generic

IP Law 360

Allergan Inc. and Mankind Pharma Ltd. asked a Delaware federal court Tuesday to dismiss infringement litigation over Mankind's proposed generic of Allergan's glaucoma drug Lumigan, stipulating that the patent is valid and has been infringed.

IP 52