IP Law 360
AUGUST 2, 2024
A Los Angeles federal judge has ruled that the CEO of a failed digital media startup can't sue using patents he landed a few years ago to cover ideas he says Shopify took from him years earlier because the patents aren't inventive enough.
SpicyIP
AUGUST 2, 2024
Alongside winning medals for India in the 2024 Olympics, shooter Manu Bhaker is also in the news for legal notices sent on her behalf against ‘unauthorized’ congratulatory posts by different companies. Now, one may wonder what’s the harm in posting a simple congratulatory message and if such a measure is a little too extreme. Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post
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IP Law 360
AUGUST 2, 2024
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
TorrentFreak
AUGUST 2, 2024
Similar to other user-generated content platforms, X allows people to freely share content online. This includes text, images, music, video, and live streams. In some cases, content is shared by users of X without first obtaining permission from rightsholders. Over the years, various parties have called out Twitter/X over alleged copyright infringement.
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?
IP Law 360
AUGUST 2, 2024
A D.C. Circuit panel on Friday knocked down a challenge to a provision of the Digital Millennium Copyright Act that bars circumventing digital locks on copyrighted material, ruling that the law is in line with the First Amendment.
Technology & Marketing Law Blog
AUGUST 2, 2024
Ryanair recently “prevailed” in its CFAA claim in its litigation against Booking.com. I use scare quotes around “prevailed” because, according to the jury verdict , the actual damages suffered by Ryanair were $5,000. $5,000 just so happens to be the exact minimum statutory threshold for losses to state a claim under the CFAA. As in, if the jury concluded Ryanair had suffered $4,999.99 worth of losses, Booking.com would have “prevailed.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
AUGUST 2, 2024
The Brazilian Data Protection Authority (ANPD) has published its new regulation on the Data Protection Officer’s (DPO) role. A central figure in privacy governance, the DPO serves as the liaison between the data controller, the data subject, and the authority, acting as the primary contact for issues involving personal data within an organization.
The IPKat
AUGUST 2, 2024
This is a review of the book, Intangible Intangibles: Patent Law’s Engagement with Dematerialised Subject Matter , by Professor Brad Sherman ( University of Queensland ). "Dematerialisation" is a term for the decoupling of subject matter from the physical (such as biological materials used by life scientists) and the shift to the immaterial (such as the digital sequence data that take the form of A T C G strings to spell out the genetic code).
JD Supra Law
AUGUST 2, 2024
Mitigating risk of loss associated with a bankruptcy filing should be an element of any commercial transaction, especially if it involves a sale or license of intellectual property rights. A ruling recently handed down by the U.S. Court of Appeals for the Third Circuit provides a stark reminder of the consequences of when it is not. In In re Mallinckrodt PLC, 99 F.4th 617 (3d Cir. 2024), the Third Circuit ruled that, in the absence of any security, a claim asserted by the seller of intellectual.
IP Watchdog
AUGUST 2, 2024
This week in Other Barks & Bites: the U.S. Copyright Office issues a report on digital replicas recommending a federal right that could be enacted in the U.S. Senate’s NO FAKES Act; the RESTORE Patent Rights Act is introduced into both houses of Congress to restore injunctive relief following a final judgment of patent infringement; the Eleventh Circuit ruled that a district court erred in failing to consider the copyrightability of the arrangement of software used to generate insurance quo
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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.
JD Supra Law
AUGUST 2, 2024
A recent decision by EDVA District Judge Henry Hudson granting a preliminary injunction to a wealth management firm against four of its former employees who left to open a competing firm is a good example of the speed of the EDVA on requests for preliminary injunctions. Salomon & Ludwin, LLC v. Winters, Civil Action No. 3:24-cv-389 (HEH), 2024 U.S.
The IPKat
AUGUST 2, 2024
The IPKat has received and is pleased to host the following guest contribution by KatfriendKatfriend Thato Moloto (Trademarkia) on the decision of the High Court in Pretoria, South Africa on whether an applicant for trade mark registration who applies without a bona fide claim to a mark is to be considered to be making their application for registration in bad faith.
JD Supra Law
AUGUST 2, 2024
On July 12, 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a decision by the U.S. District Court for the Middle District of North Carolina granting a preliminary injunction that barred NeoGenomics Laboratories, Inc. (“NeoGenomics”) from making, using, selling, advertising, or distributing its cancer assay test. Natera, Inc. v.
IP Law 360
AUGUST 2, 2024
A Washington federal judge has significantly trimmed an aerospace engineering firm's suit accusing Boeing of stealing patented technology, agreeing with Boeing that many of the claims are inadequate to proceed at this stage, but giving the firm the opportunity to amend them.
JD Supra Law
AUGUST 2, 2024
Last week, for the second time ever, members of the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) in the gaming industry (e.g., voice actors and motion capture artists) voted to strike based on stalled negotiations between the union and multiple gaming companies. Some of the industry giants involved include Activision, Disney, Electronic Arts, Epic Games, and more.
IP Law 360
AUGUST 2, 2024
A Missouri federal judge on Friday tossed Build-A-Bear Workshop's lawsuit seeking a declaration that its new Skoosherz stuffed toy line doesn't infringe trade dress rights claimed by Kelly Toys' popular Squishmallows, finding that the Missouri court doesn't have jurisdiction over the IP dispute, which is also being litigated in California.
JD Supra Law
AUGUST 2, 2024
Bipartisan Momentum Builds to Shine Light on Litigation Funders - In October 2023, we discussed the efforts by Senators Joe Manchin (D-WV) and John Kennedy (R-LA) to address the concerns presented by opaque third-party litigation funding. Namely, the Senators were concerned that the existing litigation funding regime—which largely permits funders to operate in total anonymity—presented a national security risk.
IP Law 360
AUGUST 2, 2024
A Colorado bicycle company has sued machinery manufacturer Gates Corp. in Denver District Court for allegedly breaking promises under a joint licensing and distribution deal, claiming Gates may be trying to dodge millions of dollars in royalty payments by encouraging rival bicycle makers to use the Colorado company's invention for free.
JD Supra Law
AUGUST 2, 2024
Weintraub attorneys Scott Hervey and Jessica Marlo explore the US Olympic Committee's lawsuit against Prime Hydration, co-founded by Logan Paul, for using Olympic trademarks in their ad campaign with Kevin Durant. Discover the power of Olympic trademarks and their protection!
IP Law 360
AUGUST 2, 2024
A maker of microphone isolation products that won a trade dress infringement lawsuit at trial has asked a California federal court to order a rival and its counsel to pay its attorney fees because of a "repeated pattern of vexatious litigation in the face of overwhelming and contrary law.
JD Supra Law
AUGUST 2, 2024
Weintraub attorneys Scott Hervey and Jessica Marlo explore the US Olympic Committee's lawsuit against Prime Hydration, co-founded by Logan Paul, for using Olympic trademarks in their ad campaign with Kevin Durant. Discover the power of Olympic trademarks and their protection!
IP Law 360
AUGUST 2, 2024
The North Carolina Business Court refused to give a win before trial to the former president of a United Therapeutics Corp. subsidiary on a claim that he took trade secrets to a rival, with the court reasoning the drug company took reasonable steps to protect the secrets beyond a three-year limit in his employment agreement.
JD Supra Law
AUGUST 2, 2024
As you dive into the world of trademarks to protect your brand, one element you will encounter during the registration process with the U.S. Patent and Trademark Office (USPTO) is the “specimen of use.” Understanding this term and what it requires is essential for successfully securing a trademark registration. This article will explain what a specimen of use is, why it’s important, and how to properly submit one.
IP Law 360
AUGUST 2, 2024
The U.S. Supreme Court has been asked to give its take on whether the terms of a decade-old loan can be used to create issues over legal standing and exclusionary rights in a lawsuit tied to radio frequency developed in the mid-2000s.
JD Supra Law
AUGUST 2, 2024
On July 9, 2024, Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) relating to three Spin Master patents. See Prime Time Toys LLC v. Spin Master, Inc., IPR Nos. 2023-01339, 2023-01348, 2023-01461, Paper 12 (PTAB July 9, 2024). Director Vidal found that the PTAB erred in its motivation-to-combine analysis and effectively required an expectation of “absolute success” for prior art combinations.
IP Law 360
AUGUST 2, 2024
PNC Financial Services Group wants a Pennsylvania federal judge, not a jury, to decide whether the bank did nothing with knowledge that Plaid Inc. was copying its logo and login screens when linking bank accounts to financial apps, PNC said in a court filing.
JD Supra Law
AUGUST 2, 2024
Before Bryson, Lourie, and Reyna. Appeal from the United States Patent and Trademark Office (“PTO”), Patent Trial and Appeal Board (“Board”). Summary: Estoppel under 37 C.F.R. § 42.73(d)(3)(i) only applies to obtaining new or amended claims in the PTO and does not apply to maintaining already issued claims.
IP Law 360
AUGUST 2, 2024
Novo Nordisk is urging the Patent Trial and Appeal Board to sanction Mylan for pursuing claims to invalidate a patent covering the blockbuster diabetes and weight loss drug Ozempic in Delaware district court, despite an explicit promise not to do so.
JD Supra Law
AUGUST 2, 2024
Be an Expert: Precedential PTAB Decision on Conclusory Expert TestimonyStutti TilwaA recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on expert declarations in their inter partes reviews (“IPR”). On August 24, 2022, the PTAB denied institution of an IPR filed…. By: Baker Botts L.L.P.
IP Law 360
AUGUST 2, 2024
Global BigLaw firm Akin Gump Strauss Hauer & Feld LLP launched a tracker to help monitor changing policies related to artificial intelligence in various fields including intellectual property, data privacy, health and national security.
JD Supra Law
AUGUST 2, 2024
On July 26, 2024, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld and expounded on the estoppel provision set forth in 37 C.F.R. § 42.73(d)(3)(i). The CAFC confirmed that the Patent and Trademark Office (PTO) had the authority to promulgate such a regulation while limiting the application to new claims or amended claims, but not to previously issued claims.
IP Law 360
AUGUST 2, 2024
The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.
JD Supra Law
AUGUST 2, 2024
On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) announced new guidance for examination of patent applications directed to critical and emerging technologies, including artificial intelligence (AI).
IP Law 360
AUGUST 2, 2024
Bush Ross PA and the Underwood Law Firm PC are seeking more than $800,000 in attorney fees after a Florida federal judge handed their clients a summary judgment win in a trademark infringement lawsuit brought by the U.S. All Star Federation against its rivals, saying they deserve to be reimbursed for costs related to the case because it was "exceptional.
JD Supra Law
AUGUST 2, 2024
In May, the Federal Circuit eliminated the long-standing test for design patent obviousness. In its place, the Federal Circuit emphasized a flexible approach to the design patent obviousness analysis, grounded in the Graham factors.1 This is a big change in design patent law. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
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