Plagiarism Today
MAY 14, 2024
The Copyright Claims Board has issued a final judgement in its longest-running case, favoring Disney over a smaller book publisher. The post Disney, Books and the Copyright Claims Board appeared first on Plagiarism Today.
TorrentFreak
MAY 14, 2024
The Australian government has released the 2023 edition of its Consumer Survey on Online Copyright Infringement. Commissioned by the Attorney-General’s Department, the research aims to better understand internet users’ consumption habits, across five key content types – Television, Movies/Film, Music, Video Games, and Live Sport – and track changes in behavior over time.
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Plagiarism Today
MAY 14, 2024
Luxembourg appeals court sides with photographer, X case against data scraper dismissed and cryogenic tank lawsuit dismissed in India. The post 3 Count: Luxembourg Battle appeared first on Plagiarism Today.
IP Law 360
MAY 14, 2024
U.S. Patent and Trademark Office guidance on when inventions developed using artificial intelligence can be patented has generated concern from some companies and industry groups about discouraging AI adoption and putting patents at risk, while others welcomed it as a sound approach.
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?
Christopher Roser
MAY 14, 2024
Recently I had a chance to visit the world market leader in 3D printing, Stratasys, together with my students. We went to their location in Rheinmünster, Germany, near the Baden-Baden airport. While I always keep a bit of an eye on new developments in 3D printing, it was quite refreshing to get an update on. Read more The post 3D Printing at Stratasys—Printing Technologies first appeared on AllAboutLean.com.
IP Law 360
MAY 14, 2024
After an Illinois federal jury determined that Amazon owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, the Chicago software company asked a judge Tuesday to add $180 million in interest, while also arguing Amazon owes attorney fees for its surprise trial tactics.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
MAY 14, 2024
Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.
IP Close Up
MAY 14, 2024
“We can manage terabytes of data in seconds, then move and store it in the cloud,” explains pioneering physicist, bioengineer, inventor and serial entrepreneur Alan Continue reading
IP Law 360
MAY 14, 2024
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
JD Supra Law
MAY 14, 2024
Case Name: Endo Par Innovation Co. v. BPI Labs, LLC, C.A. No. 8:23-cv-1953-WFJ-TGW, 2024 WL 730478 (M.D. Fla. Feb. 22, 2024) (Jung, J.) - Drug Product and Patent(s)-in-Suit: Adrenalin® (epinephrine); U.S. Patents Nos. 9,119,876 (“the ’876 patent”) and 9,295,657 (“the ’657 patent”).
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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 Watchdog
MAY 14, 2024
Imagine building a house and by law, 20 years from completion, all ownership rights to the asset expired permanently whether retained by the original owner or obtained through purchase. Notwithstanding rising real estate values, the ability to reap the benefit of that asset’s appreciation would decrease rapidly for every year the property was owned.
JD Supra Law
MAY 14, 2024
Key Takeaways - Last week, in Warner Chappell Music, Inc. v. Nealy, the Supreme Court held that a copyright owner with a timely claim for infringement can recover damages “no matter when the infringement occurred” and with “no time limit on monetary recovery.”.
IP Watchdog
MAY 14, 2024
By now, you are aware that the U.S. Patent and Trademark Office (USPTO) released a Notice of Proposed Rulemaking (NPRM) on May 10, 2024 (89 Fed. Reg. 40439), that would dramatically alter patent applicant and patentee statutory rights in their patent filings by proposing a draconian change to the requirements for submission of a terminal disclaimer (TD).
JD Supra Law
MAY 14, 2024
On May 10, 2024, the United States Patent and Trademark Office (USPTO) published a notice of proposed rulemaking (NPRM) that proposes a rule regarding new requirements for terminal disclaimers filed to obviate nonstatutory double patenting rejections.
IP Watchdog
MAY 14, 2024
The U.S. Patent and Trademark Office’s (USPTO) recent Request for Comments (RFC) on the impact of artificial intelligence (AI) highlights a critical juncture in intellectual property law—evaluating the impact of generative AI (GenAI) on the non-obviousness standard. As GenAI technologies integrate deeply with human intellect, possibly even enhancing cognitive capacities, we must reassess what constitutes “progress” and the constitutional value that intellectual property law was envisioned to adv
JD Supra Law
MAY 14, 2024
A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?
SpicyIP
MAY 14, 2024
A development that patent lawyers are surely going to find interesting, on March 13, the Delhi High Court, in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. Raising some concerns with this finding of the Court, we are pleased to bring to you this guest post by Dhruv Vatsyayan.
JD Supra Law
MAY 14, 2024
The Copyright Act provides that an action for copyright infringement must be commenced “within three years after the claim accrued.” 17 U.S.C. § 507(b). The Supreme Court has not analyzed when copyright claims accrue under the statute, but the lower federal courts have. Although some federal trial courts previously held that copyright claims accrue when an infringing act occurs (the “injury rule”), the federal trial and appellate courts now uniformly hold that such claims accrue when claimants.
WIPO Magazine
MAY 14, 2024
Low-cost access to information can drive research and clinical trials in developing economies and contribute to SDGs. But different regions are affected in different ways. So how can low-performing institutions catch up?
JD Supra Law
MAY 14, 2024
*Trastuzumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
MAY 14, 2024
An attorney for Netlist told a California federal jury Tuesday during opening statements in its breach of contract suit against Samsung that "secret documents" will show that the technology giant's executives gleefully sought to crush Netlist by cutting off its supply of crucial computer memory products.
JD Supra Law
MAY 14, 2024
Precedential and Key Federal Circuit Opinions - 1. IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J. The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and Appeal Board (“Board”) finding unpatentable certain claims of the challenged patents. IOENGINE appealed, arguing that the Board incorrectly applied the printed matter doctrine, among other arguments.
IP Law 360
MAY 14, 2024
A federal judge on Tuesday rebuffed Netflix's attempt to invalidate several patents it has been accused of infringing, finding the ideas underlying the handful of decade-old tech patents are inventive enough to move the lawsuit forward.
JD Supra Law
MAY 14, 2024
Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
MAY 14, 2024
Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.
JD Supra Law
MAY 14, 2024
IPA Technologies Inc. v. Microsoft Corporation, No. CV 18-1-RGA, 2024 WL 1797394 (D. Del. Apr. 25, 2024) - On April 25, 2024, Judge Richard G. Andrews from District of Delaware found that Siri, the digital assistant produced by Apple, is not subject to the patent marking requirement pursuant to 35 U.S.C. § 287(a) because it is an intangible product.
IP Law 360
MAY 14, 2024
The effectiveness of new tariffs, announced Tuesday, on Chinese products including electric vehicles, semiconductors and solar cells to protect domestic industries may be determined more by the international community's response than the trade remedies themselves.
JD Supra Law
MAY 14, 2024
Amgen and Sandoz reached a settlement in Case No. 1:23-cv-02406 (D.N.J.) on April 29 just hours before a New Jersey District Court Judge (Christine O’Hearn) was scheduled to announce her ruling on Amgen’s preliminary injunction against Sandoz’s Jubbonti® / Wyost® (denosumab-bddz), interchangeable biosimilars of Amgen’s Prolia® / Xgeva® (denosumab), FDA-approved on March 5, 2024.
IP Law 360
MAY 14, 2024
Counsel for Boeing attempted to convince the Eleventh Circuit on Tuesday that a rival aircraft company's bid to claim unjust enrichment amid a long-running U.S. Air Force contract fight should be barred by contract language that waived claims for damages stemming from Boeing's allegedly underhanded bidding tactics.
JD Supra Law
MAY 14, 2024
I saw this question online and decided to answer it here on my blog. It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police footage or vehicle cam video from law enforcement in the public domain. I would state "it depends.".
IP Law 360
MAY 14, 2024
The Patent Trial and Appeal Board has found that athletic apparel retailer Lululemon Athletica Inc. had shown that all the challenged claims of one Nike patent on fitness tracking technology and some of the claims of another patent are invalid.
JD Supra Law
MAY 14, 2024
Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.
IP Law 360
MAY 14, 2024
Alvogen's Norwich Pharmaceuticals unit and Bausch Health have launched bids for the Federal Circuit to rehear a case in which it affirmed a Delaware federal court's decision preventing the release of a generic version of Bausch's blockbuster diarrhea and brain disease drug, Xifaxan, until 2029.
JD Supra Law
MAY 14, 2024
On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based on the discovery rule, which allows a plaintiff to assert claims based on when those claims were discovered. The Supreme Court’s ruling resolves a split in approaches between the Second Circuit, which limited damages to three years from the start of the infringement, and the.
IP Law 360
MAY 14, 2024
The Federal Circuit opted Tuesday not to say whether a 2005 public health law provides any legal immunity in a patent dispute between rival manufacturers of COVID-19 test swabs, leaving the thorny question unanswered.
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