JD Supra Law
JULY 19, 2024
The US Court of Appeals for the Fifth Circuit found that the district court abused its discretion in wholesale exclusion of evidence on the issue of genericness. The evidence was offered to show prior use of a trade dress from more than five years prior to an alleged infringer’s first use of a mark. Gibson Inc. v. Armadillo Distribution Enterprises, Inc., Case No. 22-40587 (5th Cir.
Technology & Marketing Law Blog
JULY 19, 2024
[Reminder: I don’t blog all of the SAD Scheme cases I see, and the ones I blog are more exemplars of the general principles than standout or unique cases.] Kate Louise Powell is a Scotland-based artist. (I wonder how she became a participant in the SAD Scheme? I saw 10 different SAD Scheme cases in her name). As part of a SAD Scheme case, she claims an Amazon seller infringed on her work.
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JD Supra Law
JULY 19, 2024
Conversations about generative artificial intelligence (AI) are making their way through offices, schools, homes, and now courtrooms. It’s so easy: simply prompt an AI bot with a few details to write or draw, and it spits out something resembling an original product. This can help create content more efficiently or even automate some tasks.
The IPKat
JULY 19, 2024
The IPKat has received and is pleased to host the following guest contribution by Kimberley Evans (Pearce IP) regarding another instalment, this time in New Zealand, of the long-running BASMATI IP saga. Here's what Kimberley writes: BASMATI trade mark refused registration in New Zealand by Kimberley Evans Basmati rice is a well-known and well-loved food around the world.
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
JULY 19, 2024
Underscoring its faith in a jury’s competency to use its “common sense and experience” in evaluating evidence, the US Court of Appeals for the Ninth Circuit affirmed a district court’s judgment in favor of the defendants in a trademark infringement action following a trial, as well as its order partially denying the defendants’ motion for attorneys’ fees.
IP Law 360
JULY 19, 2024
A California federal jury on Friday determined that Qualcomm spin-off Omnitracs is entitled to $19.3 million in lost profits and a $140,000 royalty after a former executive's new company willfully infringed one of its fleet management software patents, but cleared it of infringing two other patents.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
JULY 19, 2024
Fourteen NBA teams have been hit with complaints by several music companies that accuse the basketball franchises of using copyrighted songs in promotional videos without permission, according to lawsuits in Manhattan federal court.
JD Supra Law
JULY 19, 2024
Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de juin 2024. Ces Actualités législatives et réglementaires vous sont communiquées à titre d'information. Elles n'ont pas vocation à être exhaustives ou à constituer un avis juridique.
IP Law 360
JULY 19, 2024
A Florida man was charged with several fraud-related counts after he was allegedly caught selling fake Native American jewelry at arts and crafts shows across the country, according to a grand jury indictment handed down in Wisconsin federal court.
JD Supra Law
JULY 19, 2024
For nearly all companies, but particularly companies in the technology sector, the intellectual property ("IP") they create are the crown jewels of the business. Without the IP, the company has nothing to sell.
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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
JULY 19, 2024
The Patent Trial and Appeal Board has wiped out several claims in an Amsted Rail Co. Inc. patent covering a way of monitoring the performance of railcars, after the patent had become the subject of a suit between the railcar parts manufacturer and a former executive.
JD Supra Law
JULY 19, 2024
Recent history of Congress's performance as a legislative body has been, to be kind, mixed, and a great many bills, resolutions, and other activities have appeared to be more for show than to accomplish anything worthwhile. President Truman's characterization of the 80th Congress as the "Do Nothing" Congress might effectively be resurrected; after all, that Congress passed 906 bills while, in contrast, the current Congress (the 118th) has passed 253 bills.
IP Law 360
JULY 19, 2024
Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.
JD Supra Law
JULY 19, 2024
On April 3, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of rulemaking setting out the fees that it proposes for the fiscal year starting on September 29, 2024. Although the proposed fees are subject to public comment before becoming final, all indications are that there will be few, if any, changes from the current proposals.
IP Law 360
JULY 19, 2024
Boehringer Ingelheim Pharmaceuticals Inc. urged a Massachusetts federal court to toss a proposed class action accusing it of blocking generic versions of two inhaler medications, saying it has valid patents protecting the products.
JD Supra Law
JULY 19, 2024
Franz Kaldewei GmbH & Co. KG v. Bette GmbH & Co. KG The Unified Patent Court (UPC) issued its first decision on the merits, granting the first-ever permanent injunction covering seven UPC member states. Franz Kaldewei GmbH & Co. KG v. Bette GmbH & Co. KG (Düsseldorf Local Division, July 3, 2024).
IP Law 360
JULY 19, 2024
A Manhattan federal judge has ruled that Millennium Management LLC and two of its employees cannot yet use the federal trade secrets law to claim attorney fees with their allegation that investment firm Jane Street Group LLC sued them in bad faith over a proprietary trading strategy.
JD Supra Law
JULY 19, 2024
Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner OpenAI. The judge is giving OpenAI until July 24 to respond to the plaintiffs’ argument that the material should be shielded as work product.
IP Law 360
JULY 19, 2024
Irish discount airline Ryanair has convinced a Delaware federal jury to find that online travel website giant Booking.com should pay $5,000 for using screen scraping software in a way that ran afoul of computer fraud laws, which the airline likened to "internet piracy.
JD Supra Law
JULY 19, 2024
As the European Union sets the stage for groundbreaking AI regulation, our podcast offers a comprehensive exploration of this landmark legislation. Join us as we dissect the EU AI Act, unpacking its key provisions and answering some of the questions global companies have been asking.
IP Law 360
JULY 19, 2024
An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy.
JD Supra Law
JULY 19, 2024
In recent years, the world of esports has transformed from a niche subculture of competitive video game players into a global phenomenon of international tournaments, attracting millions of fans and generating substantial revenue, on par with more traditional, professional sports leagues. As the esports industry continues to grow, so do the legal considerations that players….
IP Law 360
JULY 19, 2024
In this week's Off The Bench, Jerry Jones' legal battle with the woman claiming to be his daughter reaches a courtroom, Sunday Ticket subscribers clap back at the NFL, and soccer fans go after the stadium they could not enter for the Copa America final.
JD Supra Law
JULY 19, 2024
Case Name: Amarin Pharma, Inc. v. Hikma Pharms. USA Inc., No. 2023-1169, 2024 WL 3152087 (Fed. Cir. June 25, 2024) (Circuit Judges Moore, Lourie, and Albright presiding; Opinion by Lourie, J.) (Appeal from D. Del., Andrews, J.) - Drug Product and Patent(s)-in-Suit: Vascepa® (icosapent ethyl); U.S. Patents Nos. 9,700,537 (“the ’537 patent”) and 10,568,861 (“the ’861 patent”).
IP Law 360
JULY 19, 2024
McCarter & English LLP faced accusations Friday in New Jersey state court that it was making "fictitious" defenses in a malpractice suit by a biotechnology company, saying in response that it was being treated as a "scapegoat.
JD Supra Law
JULY 19, 2024
The US Court of Appeals for the Seventh Circuit affirmed, in a matter of first impression, a district court’s decision to apply trade secret law extraterritorially and award trade secret damages for foreign sales while also finding that the copyright damages award needed to be reduced to eliminate foreign sales. Motorola Solutions, Inc. v. Hytera Communications Ltd., Case Nos. 22-2370; -2413 (7th Cir.
IP Law 360
JULY 19, 2024
Generative artificial intelligence is poised to revolutionize intellectual property law, especially for smaller and midsize enterprises, meaning IP in-house counsel need to prioritize AI implementation to navigate the coming changes, says Friedrich Laub at Diasorin.
JD Supra Law
JULY 19, 2024
The U.S. Patent and Trademark Office (USPTO) recently issued guidance on the use of artificial intelligence (AI), particularly generative AI, in Intellectual Property (IP) practices involving documents filed at the USPTO.
IP Law 360
JULY 19, 2024
The U.S. Patent and Trademark Office has kept attorneys busy this year by seeking input on numerous patent issues and proposed rules. Here's a cheat sheet to the topics where feedback has been collected, from fee hikes to director reviews, and those with upcoming comment deadlines, including artificial intelligence.
JD Supra Law
JULY 19, 2024
On July 3, 2024, the World Intellectual Property Organization (WIPO) published a Patent Landscape Report on Generative Artificial Intelligence (GenAI). The report provides a historical and technical overview of GenAI technologies, who and where the top patent owners are, what types of GenAI models are being patented the most, and more. This post examines some of the findings of the report.
IP Law 360
JULY 19, 2024
A judge said Friday that she couldn't tell the difference between several popular styles of Birkenstock sandals and alleged "knockoff" versions made by a New Hampshire company based on photos, signaling potential trouble for the defendant in a trademark infringement lawsuit by the German footwear maker.
JD Supra Law
JULY 19, 2024
Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify the origin of a product or service, which can build brand loyalty and trust. A trademark (or service mark in the case of services) is the legal concept of a brand or “customer goodwill.”.
IP Law 360
JULY 19, 2024
The Federal Circuit on Friday said it won't review whether the Patent Trial and Appeal Board rightfully invalidated some claims of Koss Corp.'s wireless earphone patents, as the patents were definitively invalidated in California.
JD Supra Law
JULY 19, 2024
The USPTO provides new subject matter eligibility guidance, along with three new examples, specifically focused on inventions related to artificial intelligence. As part of its ongoing effort to provide education and training on the intersection of AI and intellectual property, the USPTO released new guidance this week focused on subject matter eligibility (SME) for artificial intelligence inventions.
IP Law 360
JULY 19, 2024
Apple Inc. wants a Delaware federal judge to order litigation funder Omni Bridgeway LLC to turn over documents explaining its relationship with Finnish company MPH Technologies Oy and its financial interest in MPH's ongoing patent litigation against Apple in California.
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