JD Supra Law
AUGUST 9, 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. By: Baker Botts L.L.P.
TorrentFreak
AUGUST 9, 2024
Despite providing a range of services for free that millions have come to rely on, and others that improve security and uptime for millions more, not everyone views Cloudflare’s key products as universally positive. In Italy, where it took just a couple of weeks for the Piracy Shield blocking system and Cloudflare to start bumping heads, the reasons for conflict are on full display.
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JD Supra Law
AUGUST 9, 2024
On July 26, 2024, Genzyme filed a complaint (“Complaint”) against Sarepta Therapeutics (“Sarepta”) in the District of Delaware. Genzyme Corp. v. Sarepta Therapeutics, Inc., No. 1:24-cv-00882 (D. Del.). In its complaint, Genzyme alleges that Sarepta infringed Genzyme’s U.S. Patent Nos. 7,704,721 and 9,051,542 (collectively, “the Patents-In-Suit”) by making, using, offering for sale, and/or selling Elevidys® (delandistrogene moxeparvovec-rokl) in the U.S.
IP and Legal Filings
AUGUST 9, 2024
White Space Analysis is a process used by companies to produce strategic inventions. In this analysis, companies usually find a white-space gap within a sector and, considering how the gap could be filled, they introduce their inventions. This is a pre-patent filing duty that needs to be performed to understand the market a company is entering, enabling them to develop their product or invention accordingly.
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
AUGUST 9, 2024
2023 was a breakthrough year for AI technology, marked by the rise of generative AI with a multitude of new GPT models and advanced diffusion models.
IP Law 360
AUGUST 9, 2024
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
AUGUST 9, 2024
The Story Till Now On one hand, COVID-19 cases are rising yet again to everyone’s surprise, and on the other, the surprises from the Covaxin patent application don’t seem to stop. In late June this year, I wrote ( here ) about how Bharat Biotech (BBIL) filed a patent application for Covaxin without listing the Indian Council of Medical Research (ICMR) as a co-patentee or inventor, despite the Health Ministry asserting that the intellectual property rights over Covaxin are “jointly owned” by ICMR
JD Supra Law
AUGUST 9, 2024
Voice Tech Corp. v. Unified Patents, LLC, No. 2022-2163 (Fed. Cir. (PTAB) Aug. 1, 2024). Opinion by Chen, joined by Lourie and Cunningham. Unified filed an IPR petition challenging a Voice Tech patent directed to using voice commands at a mobile device to remotely access and control a computer. The Patent trial and Appeal Board instituted review and issued a Final Written Decision finding all claims unpatentable as obvious over prior art references “Wong” and “Beauregard.
IP Watchdog
AUGUST 9, 2024
This week in Other Barks & Bites: a U.S. court rules Google violated antitrust law and operates a monopoly in the search engine and text advertising markets; Elon Musk swaps out legal team in a legal spat with OpenAI; and 84% of tech company executives who responded to a poll say they want changes to U.S. copyright law.
JD Supra Law
AUGUST 9, 2024
In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this featured episode of The Briefing.
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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
AUGUST 9, 2024
VLSI Technology has sued the U.S. Patent and Trademark Office and the U.S. Department of Commerce in D.C. federal court claiming the agencies have stalled on its public records request for documents relating to ongoing litigation involving Intel Corp. and the invalidation of one of VLSI's microchip patents.
JD Supra Law
AUGUST 9, 2024
Earlier this year, Uruguay announced two major updates in the patent and regulatory spheres that are likely to encourage outside investment in Uruguayan industry, particularly for agbiotech: Uruguay is acceding to the Patent Cooperation Treaty (PCT) and is also rolling out a new Gene Editing (GE) Decree. Together, these changes reflect major updates to Uruguay’s intellectual property (IP) system broadly.
43(B)log
AUGUST 9, 2024
Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Appropriating the “core” of a work is not infringing in the absence of substantial similarity.there are also cases suggesting ©ability of style: Steinberg, saying style is part of expression. Blehm v. Jacobs, Bandana v. TJX, Reece v. Mark Ecko say that style is an ingredient of expression etc.
JD Supra Law
AUGUST 9, 2024
In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this featured episode of The Briefing.
43(B)log
AUGUST 9, 2024
Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising. But courts apply this test very differently and in contradictory ways for inexpensive consumables.
IP Law 360
AUGUST 9, 2024
A lawyer who assembled a whistleblower lawsuit against a major pharmaceutical company using publicly available patent board filings says the larger legal question of whether he can do that is way too niche for the Supreme Court to bother thinking about.
Olartemoure Blog
AUGUST 9, 2024
The United States has stepped up its efforts to address the emerging problem of deepfakes and digital manipulation through artificial intelligence (AI). In a significant move, Senators Chris Coons, Marsha Blackburn, Amy Klobuchar and Thom Tillis have officially introduced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024” (NO FAKES Act).
IP Law 360
AUGUST 9, 2024
A Delaware federal jury decided Friday that a Swiss drugmaker owes a smaller drug rival at least $25 million in a patent case involving an experimental enema used to treat a particularly deadly form of diarrhea.
Olartemoure Blog
AUGUST 9, 2024
After five years of negotiations, the World Trade Organization´s (WTO) new e-commerce agreement was finalized, published and welcomed by the International Chamber of Commerce (ICC), marking a significant advance in global digital trade regulations. Said deal, known as the “WTO Agreement on E-Commerce,” introduces a standardized framework to govern cross-border data flows and electronic contracts, which the ICC believes is crucial for the expansion of a secure digital economy.
IP Law 360
AUGUST 9, 2024
A New York federal judge on Friday recommended certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing Takeda Pharmaceuticals Co. of unlawfully inflating the price of its diabetes treatment Actos by delaying entry of generic alternatives.
Olartemoure Blog
AUGUST 9, 2024
This law seeks to ensure availability of medicines , active ingredients, biological products, and other goods necessary for public health Specific objectives include: Promoting international cooperation for the development of the pharmaceutical industry. Ensuring access to and supply of pharmaceutical products and other necessary inputs. Strengthening the national pharmaceutical industry’s capabilities through specialized talent training and scientific research promotion.
IP Law 360
AUGUST 9, 2024
Novartis Pharmaceuticals urged a D.C. federal judge Friday to temporarily restrain the U.S. Food and Drug Administration from officially approving a generic version of the company's blockbuster heart failure medication Entresto.
Nelligan Law
AUGUST 9, 2024
Reading Time: 2 minutes What is a Wrongful Death Claim? Wrongful death claims arise when someone dies due to the negligence or misconduct of another party. The person’s surviving loved ones can bring a civil action for damages against those who are responsible for their loved one’s death. This type of claim is intended to compensate family members for the financial and emotional losses they have suffered due their loved one’s loss.
IP Law 360
AUGUST 9, 2024
Akoustis Technologies Inc. has asked a Delaware federal court to overturn a May jury verdict against it for stealing trade secrets and the $38.3 million in damages awarded to wireless company Qorvo Inc., arguing that two Qorvo's experts "eschewed the well-established and accepted methods" to measure unjust enrichment for misappropriation.
Likelihood of Confusion
AUGUST 9, 2024
Originally posted 2010-12-21 14:30:55. Republished by Blog Post PromoterFirst published on February 11, 2010. The best LIKELIHOOD OF CONFUSION® blog item title ever was evidently wasted — and I’m sorry I didn’t keep you quite so up to date on this — but, as Ryan Gile reported less than two months ago on the case […] The post Best of 2010: The generic agony of defeat appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
AUGUST 9, 2024
The Federal Circuit said Friday that the initial involvement of U.S. Patent and Trademark Office Director Kathi Vidal in a handful of patent challenges during her private practice days at Winston & Strawn LLP isn't enough to prevent the patent board from ever deciding on those petitions.
Indiana Intellectual Property Law
AUGUST 9, 2024
Lancaster, South Carolina – Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (collectively known as “Nutramax”) have filed suit against Indiana company, Abumayyaleh Bros, LLC. The Plaintiffs allege multiple intellectual property violations including trademark infringement , unfair competition , and tortious interference with contractual relationships.
IP Law 360
AUGUST 9, 2024
Software company Anaconda Inc., which describes itself as "the operating system for AI," has accused Intel Corp. of copyright infringement, alleging in a complaint in Delaware federal court that Intel has been using Anaconda's technology for its artificial intelligence development platform without paying.
The TTABlog
AUGUST 9, 2024
In a 40-page decision, the Board upheld a genericness refusal of LOTERIA [English translation, "Lottery"] for "Gaming machines, namely, slot machines and electronic gaming machines for playing games of chance." Alternatively, the Board affirmed a mere desctiptiveness refusal, finding that applicant could not demonstrate the exclusivity of use needed to support her Section 2(f) claim.
IP Law 360
AUGUST 9, 2024
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
Patently-O
AUGUST 9, 2024
Roku, Inc. has signaled its intent to seek Supreme Court review on the proper scope of the “domestic industry” requirement that serves as prerequisite for International Trade Commission (ITC) jurisdiction under 19 U.S.C. § 1337 (Section 337). The case stems from a Section 337 investigation brought by Universal Electronics, Inc. (UEI) against Roku for infringing UEI’s U.S.
IP Law 360
AUGUST 9, 2024
The Patent Trial and Appeal Board has only faced a handful of instances where sanctions took center stage, but the U.S. Patent and Trademark Office director's rulings have made attorneys increasingly aware that pushing ethical boundaries at the board could put their cases and their careers at risk.
43(B)log
AUGUST 9, 2024
Shyam Balganesh, The Eunomics of Intellectual Property Lon Fuller’s institutional design theory: understand institutional design as a way of understanding institutions on the understanding that they’re not infinitely mutable. One shouldn’t begin with an unilateral approach on their ends. Ordinary assumption: institution is trying to maximize some goal, so tweak construction based on that goal.
IP Law 360
AUGUST 9, 2024
A New Orleans music group has voluntarily dropped its claims accusing Beyoncé, Jay-Z, Sony Music Entertainment and others of infringing the group's copyright in Beyoncé's song "Break My Soul" and her film discussing the world tour of her "Renaissance" album that features the track.
43(B)log
AUGUST 9, 2024
Stefania Fusco (co-author Valerio Sterzi), Does the EU Need an EBay-Like Case? Evidence Against Granting Automatic Injunctions in Europe Patent paper; issues involving NPEs similar to trolling issues in US. If most infringement cases are between noncompetitors, automatic injunction is inappropriate and an eBay-like rule is appropriate, and their research suggests that this is the case.
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