JD Supra Law

SEPTEMBER 20, 2024

This is the second article in our two-part series on Cybersecurity in the Age of Industry 4.0, focusing on the legal implications and potential liabilities manufacturers face from cyberattacks, as well as practical recommendations to mitigate these risks. If you missed the first article, where we discussed the latest trends and key cybersecurity risks facing manufacturers, you can read it here: Cybersecurity in the Age of Industry 4.0 – Part 1.

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TorrentFreak

SEPTEMBER 20, 2024

From launch in November 2019, the last five years have seen Brazil’s Operation 404 establish itself as both a local and international anti-piracy enforcement campaign. Operation 404’s branding plays on the HTTP 404 error message “page not found” and to indicate each new wave, 404 is followed by a decimal point and the corresponding wave number; the results of Operation 404.6 were announced late November 2023 so here in September 2024, news of Operation 404.7 has arrived a

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JD Supra Law

SEPTEMBER 20, 2024

A few months’ back, the TMCA wrote about a copyright dispute between the campaign committee of former Iowa Congressman Steve King and Laney Griner, the owner of the photograph used in the popular “Success Kid” meme. The Eighth Circuit Court of Appeals has since affirmed the jury’s finding that the campaign was liable for copyright infringement for using the meme in a fundraising message for King’s unsuccessful reelection campaign.

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IP Law 360

SEPTEMBER 20, 2024

Federal patent officials need to change standards that could let drug companies hold on to patent rights beyond the time frame they are entitled to, according to federal lawmakers.

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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

JD Supra Law

SEPTEMBER 20, 2024

On September 17, 2024, Governor Gavin Newsom signed AB 2602 into California law (to be codified at Cal. Lab. Code §927). The law addresses the use of “digital replicas” of performers. As defined in the law, a digital replica is: a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did.

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IP Law 360

SEPTEMBER 20, 2024

A Louisiana federal judge said a 7-year-old fight over baby products "was a hard-fought patent case," rejecting efforts from a Louisiana company to obtain nearly $2 million in legal fees from a Kansas inventor of a pitcher for rinsing out shampoo.

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IP Law 360

SEPTEMBER 20, 2024

South Korea-based Hyundai urged a California federal judge on Friday to toss a lawsuit alleging it stole a North Carolina startup's electric vehicle battery material technology, saying a contract inked by a Silicon Valley Hyundai office doesn't give the district court in California jurisdiction over the matter.

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JD Supra Law

SEPTEMBER 20, 2024

Following the introduction of the NO FAKES Act of 2024 in July by a bipartisan group of US Senators, US Representatives Adam Schiff (D-CA), María Elvira Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Rob Wittman (R-VA), and Joe Morelle (D-NY) introduced the identically named companion legislation, Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, in the US House of Representatives on September 12, 2024.

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IP Law 360

SEPTEMBER 20, 2024

The U.S. House of Representatives is expected to consider a bill soon that has already cleared the Senate and could streamline patent litigation by curbing the number of patents that makers of biologic drugs can assert over biosimilar drugs.

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Patent Litigation 52

JD Supra Law

SEPTEMBER 20, 2024

Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent development in this installment of The Briefing.

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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

IP Law 360

SEPTEMBER 20, 2024

JBS USA unit To-Ricos Ltd. has the right to use the "Pollo Picú" trademark in its sale of poultry products, the First Circuit ruled Thursday, finding that the poultry company established that the mark had been abandoned by the previous trademark owner.

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Trademark 52

JD Supra Law

SEPTEMBER 20, 2024

Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent development in this installment of The Briefing.

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Trademark 63

IP Law 360

SEPTEMBER 20, 2024

Forest River can collect enhanced damages after a jury determined inTech Trailers infringed its mountain design trademarks on recreational vehicles, an Indiana federal judge ruled Thursday, increasing the award from $2 million to more than $5.5 million to make sure inTech does not profit from its infringement.

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JD Supra Law

SEPTEMBER 20, 2024

On 5 September 2024, Attorney General (AG) Emiliou delivered a new Opinion in the BSH Hausgeräte/Electrolux case (C‑339/22) acting as an ‘addendum’ to his first Opinion in this case delivered on 22 February 2024. After the AG published his first Opinion, the case was reassigned to the Grand Chamber of the Court of Justice of the European Union (CJEU) for a hearing held on 14 May 2024.

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IP Law 360

SEPTEMBER 20, 2024

A Delaware federal jury has awarded $6.6 million to Northwestern University after finding that Universal Robots infringed claims in three patents on collaborative robot, or "cobot," systems.

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Patent 52

JD Supra Law

SEPTEMBER 20, 2024

On June 6, 2024, the PTAB issued a Final Written Decision concluding claims 1-6 of U.S. Patent No. 8,899,655 B1 (“the ’655 patent”) unpatentable. Yita LLC v. MacNeil IP LLC, IPR2023-00172, Paper 70 (PTAB Jun. 6, 2024) (“Decision”). The PTAB also held that Patent Owner, MacNeil Automotive Products LLC, was “collaterally estopped from relitigating the factual issue of the reasons for the industry praise and commercial success.

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IP Law 360

SEPTEMBER 20, 2024

A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.

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JD Supra Law

SEPTEMBER 20, 2024

After ten years of litigation, the Federal Circuit found that the district court conducted an improper collateral estoppel analysis and upheld ParkerVision’s position on each of the appealed issues. Background - In 2011, ParkerVision sued Qualcomm alleging that it infringed its patented technology for down-converting electromagnetic signals using “energy sampling.”.

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IP Law 360

SEPTEMBER 20, 2024

App developer Plotagraph has asked the U.S. Supreme Court to review a Federal Circuit decision that found its patents that allow users to create the illusion of movement within digital photos or videos were invalid because they were abstract under the high court's Alice decision.

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JD Supra Law

SEPTEMBER 20, 2024

This case addresses the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology. Specifically, this case discusses whether a party’s waiver of a doctrine-of-equivalents theory in an initial lawsuit extends to a subsequent case involving a newer iteration of the technology previously litigated.

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IP Law 360

SEPTEMBER 20, 2024

Alnylam Pharmaceuticals, which alleges that COVID-19 vaccines made by Pfizer and Moderna infringe its patents, has moved in Delaware federal court to dismiss a suit by former collaborator Acuitas Therapeutics Inc. seeking to have its scientists added as inventors on the patents.

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JD Supra Law

SEPTEMBER 20, 2024

The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s decision that the asserted claims were patent ineligible under 35 U.S.C. § 101, finding that the district court improperly characterized the claims at an “impermissibly high level of generality.” Contour IP Holding LLC v. GoPro, Inc., Case Nos. 22-1654; -1691 (Fed.

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IP Law 360

SEPTEMBER 20, 2024

Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

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JD Supra Law

SEPTEMBER 20, 2024

The US Court of Appeals for the Federal Circuit reversed a district court order excluding expert validity testimony based on collateral estoppel stemming from an inter partes review (IPR) proceeding of a related patent, finding that an unpatentability decision in an IPR does not collaterally estop a patentee from making validity arguments about related claims in a district court litigation.

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IP Law 360

SEPTEMBER 20, 2024

With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.

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JD Supra Law

SEPTEMBER 20, 2024

Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron) pushed this lawsuit to make a point: if you take our secrets, we will come after you, and we won’t stop until justice is done. Judge Conrad, it seems, also had a point to make about pursuing justice to the bitter end.

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IP Law 360

SEPTEMBER 20, 2024

A New York jewelry company accused Target of copying the design of one of its Halloween-themed necklaces for the second time, according to a lawsuit filed Thursday in New Jersey federal court.

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JD Supra Law

SEPTEMBER 20, 2024

Chief United States District Judge Laura Taylor Swain (S.D.N.Y.) recently transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. (“Mars Petcare”) to the United States District Court for the District of Delaware. Slip Op. at 1.

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Patent Infringement Patent 61

IP Law 360

SEPTEMBER 20, 2024

The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.

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JD Supra Law

SEPTEMBER 20, 2024

Contour IP Holding LLC v. GoPro, Inc., Nos. 2022-1654, -1691 (Fed. Cir. (N.D. Cal.) Sept. 9., 2024). Opinion by Reyna, joined by Prost and Schall. Contour filed two suits against GoPro asserting infringement of two related patents directed to portable point-of-view (POV) video cameras. After five years of litigation, GoPro moved for summary judgment on the ground that the patent claims are directed to ineligible subject matter under 35 U.S.C. § 101.

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IP Law 360

SEPTEMBER 20, 2024

Attorneys at Fish & Richardson examine the complexities of director review of a Patent Trial and Appeal Board ruling, including timelines for requests and decisions, and how these factors influence related district court cases.

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JD Supra Law

SEPTEMBER 20, 2024

Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product. The Leahy-Smith America Invents Act provides exceptions for certain disclosures that would otherwise be considered prior art under 35 U.S.C. § 102.[2] Specifically, 35 U.S.C. § 102(a)(1) provides, in part, that a person is not entitled to a patent if the claimed invention was in public use, on sale, or otherwise available to the.

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Olartemoure Blog

SEPTEMBER 20, 2024

At OlarteMoure, with our allies CPC Oriente and Vertical-i, we have supported our clients in learning how to structure projects to obtain returns on investments in S&T by taking advantage of this mechanism. Following the tax reform at the end of 2022 and the adjustments to the Terms of Reference of the call, this will give companies the possibility of obtaining a return of up to 50% of the investments that are approved as S&T, being able to use that return for the payment of income tax

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43(B)log

SEPTEMBER 20, 2024

Scotts Company LLC v. SBM Life Science Corp., F.Supp.3d -, No. 2:23-cv-1541, 2024 WL 4217446 (S.D. Ohio Sept. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged rights in its red mark, black trade dress, black label, and yellow barrier design that were allegedly infringed by competitor SBM’s competing products.

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Olartemoure Blog

SEPTEMBER 20, 2024

In February 2024, Glossier, Inc. applied for the extension of its international registration “GLOSSIER” in classes 03 and 35 before the EUIPO. In April 2024, the Office issued a provisional refusal, arguing that “GLOSSIER” is an indicator of the quality of the intended goods. Glossier, Inc. responded to the refusal by mentioning that its trademark is a catchy term that does not describe the features of the intended goods, as well as pointing to the existence of prior “GLOSSIER” registrations at

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