The IPKat

JANUARY 12, 2024

The Italian Corte Suprema di Cassazione issued some interesting judgments about plant varieties in 2023. In particular, two cases clarified the assessment of novelty and distinctness of plant varieties that were the subject of earlier foreign IP rights, but didn’t claim priority in their subsequent Italian plant variety rights (PVR) applications. Priority for Plant Varieties This Kat was full of beans after reading these decisions on Italian plant variety law.

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IP Patent Law Publishing 126

JD Supra Law

JANUARY 12, 2024

Proposed bills at the federal and state level were announced January 10, both intended to protect recording artists and the music industry from unauthorized “soundalike” vocals created using artificial intelligence (AI) technology. From Nashville to Capitol Hill, the bills would each expand publicity rights by creating a property right in an individual’s voice.

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Music Technology 121

TorrentFreak

JANUARY 12, 2024

For those not fully engaged in the global manga/webtoon phenomenon, the scale and depth can be a little bewildering. Fans are knowledgeable, passionate, and growing in numbers, with many older enthusiasts having been introduced to the content via pirate sites, at a time when content was impossible to buy legally. Availability is much improved today but old habits die hard; pirate sites haven’t gone away either, a major challenge for content owners everywhere, in every content category.

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Social Media Reporting Copyright Publishing 128

IP Watchdog

JANUARY 12, 2024

Senators Thom Tillis (R-NC) and Chris Coons (D-DE) have introduced a bill to study the inefficiencies in the reporting system required under the Bayh-Dole Act, with an eye toward streamlining processes. Titled the “Improving Efficiency to Increase Competition Act of 2023,” the bill would direct the Comptroller General of the United States to submit a report to Congress on the impact of the various reporting requirements implemented by different agencies under Bayh-Dole for intellectual property

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Reporting Intellectual Property Government Technology 116

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?

Technology

IP Law 360

JANUARY 12, 2024

The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

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Velocity of Content

JANUARY 12, 2024

A federal lawsuit over book bans in Escambia County, Fla. , filed by PEN America, Penguin Random House, and a group of authors and parents, will move forward, reports Andrew Albanese , Publishers Weekly executive editor. The lawsuit was first filed on May 16 in the Northern district of Florida in Pensacola and alleges that administrators and school board members in the Escambia County School District are in violation of the First Amendment as well as the 14th Amendment—the Equal Protection

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TorrentFreak

JANUARY 12, 2024

The UK government’s Criminal Justice Bill had its first reading in the House of Commons on November 14, 2023, followed by its second reading on November 28. A Public Bill Committee is now in the process of scrutinizing the Bill “line by line” and if all goes to plan, the Committee will report back to the House by January 30 , in advance of the Bill’s third reading.

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IP Law Government Reporting 105

IP Law 360

JANUARY 12, 2024

Jurors have traditionally received little help with the intense mental strain that trial service can impose, but a Canadian commission is working to create new support systems that allow jurors to process this unique civic duty, the group's founder told Law360.

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The Trichordist

JANUARY 12, 2024

Press Release SUPPORT THE No AI FRAUD ACT AI-Generated Fakes Threaten All Americans New personalized generative artificial intelligence (AI) cloning models and services have enabled human impersonation… Read more "@RepMariaSalazar and @RepDean Introduce No AI Fraud Act to protect artists against AI Fakes #irespectmusic @human_artistry"

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Patently-O

JANUARY 12, 2024

by Dennis Crouch This article analyzes some of the latest developments in the ongoing legal battle between medical device company Masimo and tech giant Apple regarding Apple’s adjudged infringement of Masimo’s pulse oximetry patents in its Apple Watch. The basic question is whether Masimo’s pulse-oximetry patents will be strong enough to stop the Apple juggernaut.

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Patent Confidentiality Designs Design 83

Advertiser: IPO

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.

Patent

JD Supra Law

JANUARY 12, 2024

On January 10th, the U.S. Patent and Trademark Office published a Notice in the Federal Register (89 Fed. Reg. 1563) regarding proposed Guidance on how the Office will apply the enablement requirement under 35 U.S.C. § 112(a) in light of the Supreme Court's decision last year in Amgen v. Sanofi. In a nutshell, the Office announced that it will do so by continuing to use the rubrics established by the Federal Circuit in In re Wands.

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Publishing Trademark Patent 75

Technology & Marketing Law Blog

JANUARY 12, 2024

This case is an old-school turn-of-the-century throwback (and not the good kind). Google’s search app framed the web pages users visit, and the frame included ads. Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

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Copying Ownership Derivative Work Contracts 83

JD Supra Law

JANUARY 12, 2024

While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this archive episode of The Briefing.

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43(B)log

JANUARY 12, 2024

Dorris v. Danone Waters, 2024 WL 112843, No. 22 Civ. 8717 (NSR) (S.D.N.Y. Jan. 10, 2024) Plaintiffs alleged that advertising Evian as “carbon neutral” violated the consumer protection statutes of New York, Massachusetts, and California, and constituted breach of express and implied warranties, unjust enrichment, and fraud. Most of the claims survived, though the NY and breach of implied warranty claims failed.

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JD Supra Law

JANUARY 12, 2024

On January 10, 2024, the USPTO released new Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al. The guidelines clarify that the USPTO’s framework for assessing enablement is unchanged after the Supreme Court’s decision in Amgen v. Sanofi.

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Patent 71

IP Law 360

JANUARY 12, 2024

Intel Corp. urged a California federal judge Friday to reject VLSI Technology's "blatant attempt at forum shopping" in a bid to avoid a March trial focusing on Intel's argument that it has a license to chip patents owned by VLSI and cannot infringe them.

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Licensing Technology Patent 75

JD Supra Law

JANUARY 12, 2024

The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. “Comparison prior art” includes references used to help highlight distinctions between a plaintiff’s claimed design and a defendant’s design that is accused of infringing.

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Design Patent Patent Infringement Art Designs 68

The TTABlog

JANUARY 12, 2024

Here are the first three Section 2(d) appeals decided by the TTAB in 2024. How do you think they came out? [Answers in first comment.] In re Structure Financial, Inc. , Serial No. 90690591 (January 3, 2024) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Section 2(d) refusal of STRUCTURE for "securities brokerage services, namely, trading tokenized securities utilizing block-chain technology, smart-contracts, and decentralized financial protocols; brokerage services for cryptocurrency

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Contracts Technology Branding Branding 67

JD Supra Law

JANUARY 12, 2024

In 1991, the grunge band, Nirvana, was one of the most popular musical acts in the U.S. with its anthem Smells Like Teen Spirit, which was featured on its album, Nevermind. Many will remember the cover of Nevermind that featured a naked baby swimming underwater and reaching for a dollar bill on a fishing hook. Three months after its release, Nevermind rose to the top of the Billboard 200 rankings and has sold over 30 million copies.

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Music Copying 68

U.S. Department of Commerce

JANUARY 12, 2024

Message from Deputy Secretary of Commerce Don Graves on Dr. Martin Luther King, Jr. Day 2024 January 12, 2024 ASowah@doc.gov Fri, 01/12/2024 - 13:12 Hello everyone. This weekend, we honor the indelible life and legacy of Dr. Martin Luther King Jr. Martin Luther King Day is a particularly special federal holiday, being the only one officially designated as a National Day of Service.

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Designs Design 65

JD Supra Law

JANUARY 12, 2024

On January 3, 2024, Alexion Pharmaceuticals, Inc. and Alexion Pharma International Operations Ltd. (collectively, “Alexion”) filed a BPCIA litigation in the District of Delaware (Case No. 1-24-cv-00005 (D. Del.)) against Samsung Bioepis Co. Ltd. (“Samsung Bioepis”) alleging infringement of six patents, U.S. Patent Nos. 9,732,149; 9,718,880; 9,725,504; 10,590,189; 10,703,809; and 9,447,176, all of which, except for U.S.

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Litigation Patent 66

The IPKat

JANUARY 12, 2024

The AmeriKat getting her winter coat on Brrr, it's cold in here. If you, like the AmeriKat, are freezing your paws off, here is a warming drink of the latest IP news and events. AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-

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IP Intellectual Property Law Law Invention 64

JD Supra Law

JANUARY 12, 2024

Expanding on our blog post of January 2, 2024, yet another scam has been brought to our attention—with serious consequences. The signatory of a client was telephoned by the “Federal Trademark Office,” which requested a $400 payment for each of two applications filed a few days earlier.

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The IP Law Blog

JANUARY 12, 2024

While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this archive episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Law Intellectual Property IP 62

IP Law 360

JANUARY 12, 2024

The Patent Trial and Appeal Board has agreed to review a wireless charging patent challenged by Samsung despite a Texas trial set for August, with one judge expressing concern about taking the case but saying it was compelling enough to warrant review.

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Patent 59

IP Watchdog

JANUARY 12, 2024

This week in Other Barks & Bites: OpenAI faces another lawsuit, this time from two journalists alleging copyright infringement; the International Trade Commission (ITC) makes its case before the CAFC to reimpose an import ban on Apple Watches; and OpenAI tells the UK government that it could not make ChatGPT without copyrighted material.

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Copyright Infringement Government Copyright IP 59

IP Law 360

JANUARY 12, 2024

An Illinois federal judge on Friday tossed a copyright lawsuit from the maker of a Kim Kardashian-themed energy drink alleging a rival released an infringing ad on social media, saying the beverage maker failed to prove it filed in the correct jurisdiction.

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Social Media IP Copyright 59

LexBlog IP

JANUARY 12, 2024

While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this archive episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Intellectual Property 52

IP Law 360

JANUARY 12, 2024

A Fenwick & West LLP attorney representing Amazon at the Federal Circuit tested the patience of Judge Raymond Chen on Friday by speaking over another judge and refusing to answer direct questions.

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LexBlog IP

JANUARY 12, 2024

SDNY: For purposes of a MtD, Defendant’s affirmative defenses (e.g. fair use) must be evident from the face of the complaint. Here, while defendant’s own mark prominently appeared alongside plaintiff’s mark on its packaging, whether this was fair use could not be determined at the 12b6 stage.

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IP Law 360

JANUARY 12, 2024

A North Carolina federal judge on Friday refused to throw out the Federal Trade Commission's suit accusing Corteva and Syngenta of blocking competition from generic pesticides, ruling that the agency has plausibly alleged anticompetitive conduct and injury.

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IP Intelligence

JANUARY 12, 2024

Expanding on our blog post of January 2, 2024, yet another scam has been brought to our attention—with serious consequences. The signatory of a client was telephoned by the “Federal Trademark Office,” which requested a $400 payment for each of two applications filed a few days earlier. The caller’s telephone number showed as 571.272.4000 (made possible by caller ID spoofing software), which is the U.S.

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IP Law 360

JANUARY 12, 2024

Chemours, Nike and TikTok are among the corporate powerhouses that will argue buzz-phrase-heavy cases before the Third Circuit in January as panels consider if a pollution advisory was based on "bad science," if the term "cool compression" infringed a small sportswear company's trademark and if the popular video app is liable for a viral "blackout challenge" that turned deadly.

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Trademark 52

Indiana Intellectual Property Law

JANUARY 12, 2024

On January 1, 2024, a significant shift in intellectual property rights occurred with the iconic American pop culture figure, Mickey Mouse, entering the public domain. The copyright for Mickey’s debut appearance in the 1928 short film, “Steamboat Willie,” finally expired, allowing a specific portrayal of the beloved character to become available for public use.

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Public Domain Intellectual Property Copyright Law Public Use 52

IP Law 360

JANUARY 12, 2024

Vanda Pharmaceuticals has asked the U.S. Supreme Court to weigh in on a Federal Circuit decision affirming an obviousness finding of several patents Vanda had asserted against rivals Teva Pharmaceuticals and Apotex, saying the appellate court's decision is at odds with high court precedent.

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IP Patent 52