JD Supra Law
FEBRUARY 20, 2025
Section 337 investigations at the U.S. International Trade Commission (ITC) remain an efficient and powerful method for American businesses seeking relief from foreign acts of unfair competition, including infringement of intellectual property rights. The Commissions injunctive powers provide an attractive forum for patent owners seeking relief from patent infringement litigation and other unfair acts.
Plagiarism Today
FEBRUARY 20, 2025
Meghan Markle announced the rebranding of her company. However, not one, but two separate organizations claim she's stepping on their toes. The post When Rebranding Goes Double Wrong appeared first on Plagiarism Today.
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JD Supra Law
FEBRUARY 20, 2025
On February 11, 2025, the U.S. District Court for the District of Delaware became the first to rule on whether the use of copyrighted materials to train an AI system qualifies as copyright infringement. In Thomson-Reuters Enterprise Centre GmbH v. Ross Intelligence Inc., the court granted summary judgment on the plaintiffs infringement claim, and denied the defendants fair-use defense.
Plagiarism Today
FEBRUARY 20, 2025
The War Between Sony Music and Ultra Publishing escalates, Meta says it didn't seed pirated books and Birkenstocks are not art. The post 3 Count: Birkenstopps appeared first on Plagiarism Today.
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
FEBRUARY 20, 2025
The Federal Circuit recently issued decisions in a pair of appeals that provide guidance about when international filers of abbreviated Biologics License Applications (aBLAs) are subject to jurisdiction in the United States. Specifically, the Federal Circuit held that international biosimilars companies are subject to jurisdiction in the United States when they have submitted an aBLA with the intent to market the finished product in the forum state.
IP Law 360
FEBRUARY 20, 2025
The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.
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Copyright Alliance
FEBRUARY 20, 2025
Artificial Intelligence (AI) has the potential to revolutionize industries, from healthcare and finance to law enforcement and social media. But as AI becomes more deeply embedded in our lives, concerns […] The post AI Whistleblowers: The Truth-Tellers Behind the Algorithms appeared first on Copyright Alliance.
JD Supra Law
FEBRUARY 20, 2025
The US Court of Appeals for the Second Circuit vacated and remanded a district courts dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the plaintiffs to articulate distinctiveness of trade dress infringement at the pleading stage. Cardinal Motors, Inc. v. H&H Sports Protection USA Inc., Case No. 23-7586 (2d Cir.
IP Law 360
FEBRUARY 20, 2025
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
JD Supra Law
FEBRUARY 20, 2025
In a significant decision, the Federal Circuit reversed the U.S. International Trade Commissions (ITC) finding that claims of U.S. Patent No. 10,508,502 (502 Patent) were invalid under 35 U.S.C. 101. The opinion addresses critical issues in patent eligibility jurisprudence, particularly regarding composition-of-matter claims and provides additional clarity for patent owners facing 101 challenges.
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IP Law 360
FEBRUARY 20, 2025
A social media and public relations firm's trademark suit against X Corp. over the social media platform's logo has come to an end after the parties told a California federal judge that they have agreed to drop all claims and counterclaims, avoiding a jury trial set to begin in December.
JD Supra Law
FEBRUARY 20, 2025
Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that the Federal Circuit always says never, patent publications can come after the priority date, and warnings arent always a safe harbor.
Cogency Global
FEBRUARY 20, 2025
Representation/warranty provisions and intellectual property due diligence are often complementary components of risk management in transactions, but can the former be considered an acceptable substitute for the latter? The post Intellectual Property Due Diligence: Are the Sellers Representations and Warranties an Acceptable Substitute? appeared first on Cogency Global.
Likelihood of Confusion
FEBRUARY 20, 2025
Originally posted 2007-01-02 15:33:35. Republished by Blog Post PromoterIt’s last year’s news, but it keeps. The post Counterfeit Chic: Knockoff News 44 appeared first on LIKELIHOOD OF CONFUSION.
IP Law 360
FEBRUARY 20, 2025
A generic-drug industry group is weighing in on the Federal Circuit's move last month to revive a patent tied to Entresto, Novartis Pharmaceuticals Corp's blockbuster heart drug, warning that "the pharmaceutical industry is watching this case closely.
Kluwer Copyright Blog
FEBRUARY 20, 2025
Image by Peter Mello via Flickr In the first part of this blog, we explored the structure of formalised copyright councils, finding that efforts to ensure balance between the interests of rightsholders and users were the exception not the rule. Furthermore, it was only in a small minority of cases that the representation of research was formalised. Part 2 explores experience from the transposition of the Directive on Copyright in the Digital Single Market in EU Member States and beyond, and how
IP Law 360
FEBRUARY 20, 2025
Meta Platforms, Roku Inc. and Samsung Electronics Co. Ltd. have lost a challenge at the Patent Trial and Appeal Board against claims in a patent that covers a way of targeting ads based on online activity.
Dragons' Den
FEBRUARY 20, 2025
If youve invented the next big thing or are simply searching for inspiration, theres plenty of entrepreneurial spirit to be found in the Den. From space saving solutions and self-cooling devices to sauces and seasonings, intellectual property (IP) and innovation were in abundance in tonights episode. Hooked on IP Elliot Tanner from Wales was first to enter the Den with the SpaceRail.
IP Law 360
FEBRUARY 20, 2025
Three of the six commissioner seats on the U.S. International Trade Commission are now vacant, which experts say may not disrupt the quasi-judicial agency's work on disputes involving duties and intellectual property, but is at odds with how it was designed to operate.
Hugh Stephens Blog
FEBRUARY 20, 2025
It seems as if Ive been writing about site blocking (what I prefer to call disabling access to offshore pirate content sites) forever, certainly since it was effectively pioneered by the UK, Australia and various EU countries a decade or more ago, followed later by Canada and others.
IP Law 360
FEBRUARY 20, 2025
Former U.S. International Trade Commissioner Rhonda Schmidtlein stepped down this month after more than a decade at the agency, and on Thursday talked to Law360 about how she went from a small town in Missouri to one of the nation's top trade positions, along with what she wished practitioners in intellectual property disputes would do.
TorrentFreak
FEBRUARY 20, 2025
The background to events currently underway in Spain is detailed in our earlier reports but can be summarized as follows. Through various court orders, top Spanish football league LaLiga may issue instructions for local ISPs to block pirate streaming sites and IPTV services. Blocking is carried out by domain, URL, IP address, or meddling with DNS entries.
IP Law 360
FEBRUARY 20, 2025
A former Kirkland & Ellis LLP intellectual property associate suing Kirkland over bias claims has urged a California federal judge to fire her counsel at Filippatos PLLC and force Filippatos to hand over her client file, disputing Filippatos' assertion that her professional misconduct allegations are a contrived attempt to avoid paying fees.
TorrentFreak
FEBRUARY 20, 2025
Over the past two years, rightsholders of all ilks have filed lawsuits against companies that develop AI models. Most of these cases allege that AI developers used copyrighted works to train LLMs without first obtaining authorization. Using copyrighted content without permission can be problematic, but many AI companies cite fair use as a defense. Whether that is valid will vary from case to case.
IP Law 360
FEBRUARY 20, 2025
A class of authors asked a New York federal judge Wednesday to give his final blessing to a $20 million settlement resolving their claims that an educational content company broke its publishing agreement by underpaying promised royalties, calling the deal "an excellent result under any metric.
JD Supra Law
FEBRUARY 20, 2025
Kilpatrick's Steve Borgman and Jordan Glassman recently presented on the various generative AI technologies available, with an emphasis on large language models such as ChatGPT (and others that are similar), at Kilpatricks annual In-House Counsel Summit in Houston. They also discussed the risks and liabilities that organizations may be exposed to as their personnel use generative AI technologies more and more.
IP Law 360
FEBRUARY 20, 2025
The Trademark Trial and Appeal Board correctly denied a healthcare management company's bid to register "Formularyhub" because it's a descriptive term, the Federal Circuit said Thursday.
JD Supra Law
FEBRUARY 20, 2025
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.
IP Law 360
FEBRUARY 20, 2025
The U.S. Patent and Trademark Office has a new acting deputy director, with former chief adviser Will Covey taking over the role at a tumultuous time for the agency and federal government at large.
JD Supra Law
FEBRUARY 20, 2025
Artificial intelligence ("AI") raises unique challenges in the context of copyright law. To address and clarify various issues arising at the intersection of AI and copyright, the U.S. Copyright Office ("Office") is in the process of releasing its Copyright and Artificial Intelligence Report ("Report"). Part One of the Report came out in July 2024 and concluded that AI has created an "urgent need" for a federal law addressing digital replicas or "deepfakes" of persons' appearances or voices.
IP Law 360
FEBRUARY 20, 2025
The Third Circuit on Thursday rejected an appeal in a case in which two businesses accused each other of stealing designs for pet-themed car magnets, saying that, because there is no final judgment in the case, one of the companies can't challenge the lower court's refusal to issue a final judgment.
JD Supra Law
FEBRUARY 20, 2025
While courts have often warned that hindsight bias should be avoided when assessing whether a patented invention would have been obvious to the skilled person, the application of this principle can be challenging in practice. Section 28.3 of the Patent Act provides that the subject matter of a claim in a patent application must not have been obvious to a person skilled in the art as of the claim date.
IP Law 360
FEBRUARY 20, 2025
A Georgia federal judge has pared a copyright infringement suit Atlanta rap producer Terrell Perry filed against several record labels for allegedly using his beats without permission in tracks by Rich Homie Quan, dropping Warner Music Group as a defendant and limiting the scope of what alleged infringement could be eligible for damages.
JD Supra Law
FEBRUARY 20, 2025
Kroy IP Holdings, LLC v. Groupon, Inc., No. 2023-1359 (Fed. Cir. (D. Del.) Feb. 10, 2025). Opinion by Reyna, joined by Prost and Taranto. Kroy sued Groupon for patent infringement, asserting thirteen claims. Groupon responded by filing two IPR petitions challenging twenty-one claims in the patent, including the thirteen asserted claims. The Patent Trial and Appeal Board found all challenged claims unpatentable, and the Federal Circuit affirmed in an earlier appeal.
IP Law 360
FEBRUARY 20, 2025
Google is defending its challenge to testimony from a patent licensing trial that led to a $20 million jury verdict against it, telling the full Federal Circuit that it is wrong to let "unsupported and unverifiable" assertions go in front of jurors.
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