IP Watchdog
NOVEMBER 11, 2024
Encouraged and abetted by free riders who would benefit unfairly from others’ work, well-intentioned lawmakers and judicial activists have compromised the U.S. patent system, threatening America’s prosperity and national security. But we have the chance to reverse this trend by supporting two bills that will be debated this week in the Senate Judiciary Committee.
TorrentFreak
NOVEMBER 11, 2024
While judicial oversight may be initially unavoidable when site-blocking is first introduced to a country, systems with less friction are strongly preferred. The law that supports Italy’s Piracy Shield system allows for blocking with no judicial oversight. An amendment passed quietly last year now allows rightsholders to block online resources without any input from telecoms regulator AGCOM.
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SpicyIP
NOVEMBER 11, 2024
Image from here Trademark law has an interesting concept—generic disparagement that goes a bit further than general disparagement. In this post, I discuss one such case from the Delhi High Court: Marico Limited vs. Alpino Health Foods Pvt Ltd , where the plaintiff (“Marico”) seemed to take the whole “disparagement” thing a bit too personally (or perhaps, generally).
JD Supra Law
NOVEMBER 11, 2024
There is no shortage of surprises and twists in the decade-long fight over the control of dominant IP in the CRISPR space. The newest one is the self-revocation of two seminal CRISPR patents in Europe by the team led by two Nobel Laureates Emmanuelle Charpentier and Jennifer Doudna (aka “CVC”).
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?
The IPKat
NOVEMBER 11, 2024
Decisions on the enforcement of abstract colour trade marks are rather rare. This is certainly due to the fact that obtaining protection for such marks is not easy in the first place. Colours are generally considered not to be inherently distinctive. As a consequence, trade mark protection for single colours or colour combinations is limited to well-known colours that have acquired distinctiveness through use.
SpicyIP
NOVEMBER 11, 2024
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. This and a lot more in this week’s SpicyIP Weekly Review.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP and Legal Filings
NOVEMBER 11, 2024
Introduction The brand ‘Haldiram’ has been synonymous with various savouries in India for many years, especially their legendary bhujia. The term Haldiram written in red over a yellow oval-shaped logo or the brand name written in white over a red oval-shaped logo or the v-shaped mark featuring the letters “HRB” arranged in a dynamic, angular configuration strikes our mind the moment we think about the said brand.
JD Supra Law
NOVEMBER 11, 2024
The US Copyright Office has granted a copyright exemption giving restaurants the right to repair broken equipment by bypassing locks intended to prevent anyone other than the manufacturer from repairing them. This seemingly technical rule has attracted media attention because it affects McDonalds ice cream machines – the source of McFlurries.
The IPKat
NOVEMBER 11, 2024
This morning, after quite some time, the Intellectual Property Enterprise Court (IPEC) rendered its decision in the WaterRower case, concerning a claim of copyright protection and infringement in an iconic rowing machine [for background, see IPKat here ]. The response? Find out below in this guest post by Katfriends Phil Sherrell , Louise Sargent , and Shiv Gupta (all Bird & Bird): Muddying the waters of copyright – a rapid reaction to today’s IPEC decision which sees the sinking of the Wate
JD Supra Law
NOVEMBER 11, 2024
The Court of Appeal has confirmed that the existence of a “crowded market” and any coexistence terms entered into by parties may be relevant factors in assessing likelihood of confusion. While the Lifestyle Equities v Royal County of Berkshire Polo Club case concerns infringement, there is nothing to suggest that these factors would not apply equally in opposition or invalidation proceedings.
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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.
The IPKat
NOVEMBER 11, 2024
There is no time to waste with so many opportunities and events in the IP field! Another (IP) week has begun and it's time to catch up with the usual IPKat round-up of IP developments, events, and opportunities. As always, do not forget to regularly check our Events page as well. Recording of IPKat webinar 'Image Rights in the Age of AI: Less is More or More is Better?
JD Supra Law
NOVEMBER 11, 2024
Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included. Litigations relating to disputes between two reference product sponsors, or non-practicing entities/universities and reference product sponsors are not included.
The IPKat
NOVEMBER 11, 2024
AlphaFold , a machine learning model for predicting protein structure, is arguably one of the greatest achievements of AI so far. Whilst large language models such as ChatGPT can write poems and make pretty pictures, AlphaFold has the potential to dramatically impact the life-and-death world of drug discovery. AlphaFold represents truly ground-breaking science for which its inventors were recently awarded the Nobel Prize in Chemistry.
JD Supra Law
NOVEMBER 11, 2024
Finding errors in the lower court’s jury instructions and evidentiary rulings, the Virginia’s Court of Appeals struck down a $2 billion trade secrets award, the largest trade secrets verdict in the state’s history. Despite striking the damages award, the court upheld the lower court’s determination that Appian Corp (Appian) had properly defined its trade secrets, thereby allowing it to make a trade secrets misappropriation claim against Pegasystems, Inc (“Pega”).
Kluwer Copyright Blog
NOVEMBER 11, 2024
Image by M. Richter from Pixabay Copyright is not averse to new technologies. Its history is intrinsically linked to technological development. At each stage, revisions, adjustments, and adaptations to the existing organizational and legal structure are necessary and ideally preceded by wide-ranging and informed debate. The same holds true for Artificial Intelligence (AI) technologies.
JD Supra Law
NOVEMBER 11, 2024
At the end of October, the U.S. Patent Trial and Appeal Board (“PTAB”) issued a final written decision in PGR2023-00023, finding all claims of a patent owned by Halliburton Energy Services unpatentable under 35 U.S.C. § 101. By: Rothwell, Figg, Ernst & Manbeck, P.C.
IP Watchdog
NOVEMBER 11, 2024
Last week, intellectual property (IP) law advocates against agency overreach became the latest to file an amicus brief with the U.S. Court of Appeals for the Federal Circuit in Apple Inc. v. Vidal, an appeal brought by Big Tech companies challenging the Patent Trial and Appeal Board’s (PTAB) NHK/Fintiv discretionary denial framework. The Patent and Trademark Attorneys, Agents, and Applicants for Restoration and Maintenance of Integrity in Government (PTAAARMIGAN) brief supports affirming the dis
JD Supra Law
NOVEMBER 11, 2024
In our blog, Another Implementer Hold Out Door Closes: The Death of the Anti-Suit Injunction? earlier this year, we suggested that a popular implementer patent hold out tactic may be off the table based on an order issued by Judge Terrence Boyle in the Eastern District of North Carolina (EDNC). In Ericsson v. Lenovo, the District Court denied Lenovo’s motion requesting an anti-suit injunction (“ASI”) seeking to prevent Ericsson from enforcing SEP injunctions obtained in foreign actions.
Nelligan Law
NOVEMBER 11, 2024
Reading Time: 2 minutes Despite years of public awareness campaigns and stricter regulations, impaired driving remains a serious threat on Ontario’s roads. According to the Traffic Injury Research Foundation, 27.2% of all road fatalities in 2020 involved a driver under the influence of alcohol. Even at lower blood alcohol levels—between 0.05% and 0.08%—drivers experience reduced coordination, difficulty tracking moving objects, and slower reaction times.
JD Supra Law
NOVEMBER 11, 2024
Adalimumab 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
NOVEMBER 11, 2024
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
JD Supra Law
NOVEMBER 11, 2024
Insulin Glargine 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.
Garrigues Blog
NOVEMBER 11, 2024
Last October 23, the General Court of the European Union refused the figurative trademark registration “Insomnia Energy” on the grounds that the proprietor – BBF Company EOOD – was taking unfair advantage of the reputation of the mark “Monster Energy”, owned by Monster Energy Co. The conflict arose in December 2020 when Monster Energy Co. filed an application for a declaration of invalidity at the European Union Intellectual Property Office (EUIPO) against the sign “Insomnia Energy”
JD Supra Law
NOVEMBER 11, 2024
First of all, protect your intellectual property. You are at your core an IP business. The algorithms, the processes, the confidential information behind your products are all intellectual property, so consider how to protect those assets. There's registered IP, there's trade secrets, there's different options. Second, stay on top of AI regulation. I know that is hard because the regulatory landscape is so in flux, but AI regulation is relevant to your business, and there are some online.
Patent Trademark Blog
NOVEMBER 11, 2024
When is the design patent foreign filing deadline? The design patent foreign filing deadline is 6 months from your earliest design application. Generally, a US applicant will have 6 months from the US design patent application to file any foreign design patent applications. For non-US applicants, you have 6 months from your foreign design patent application to file a US design patent application with a priority claim to your first design application.
JD Supra Law
NOVEMBER 11, 2024
The US Patent and Trademark Office (USPTO) implemented 37 CFR § 42.75 on October 31, 2024, establishing a formal framework for Director Review of Patent Trial and Appeal Board (PTAB) proceedings. During her tenure, Director Kathi Vidal has actively worked to promulgate formal rules to permanently adopt existing interim, pilot, or other informal procedures at the PTAB.
BYU Copyright Blog
NOVEMBER 11, 2024
Tuskegee University Put on No-Fly List for Infringement University,Pictorial Works Joshua Potter November 11, 09:16 AM November 11, 09:16 AM In late August of this year, Steven Lamont Markos ("Markos") filed a lawsuit against Tuskegee University ("Tuskegee"). Markos is a photographer who operates a website called National Park Planner, which contains images of, and information regarding, the US National Park System.
JD Supra Law
NOVEMBER 11, 2024
Case Name: Novartis Pharms. Corp. v. MSN Pharms. Inc., Civ. No. 20-MD-2930-RGA, 2024 WL 3756787 (D. Del. Aug. 12, 2024).
43(B)log
NOVEMBER 11, 2024
Ketonatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., 2024 WL 4679219, No. 24-2046-KHV (D. Kan. Nov. 4, 2024) Ketonatural is a start-up that sells grain-free pet food, treats, and supplements. Hill’s is a large pet food company that makes traditional grain-containing products, one of the big three that does. Hill’s markets to vets, including by offering free continuing education courses, product literature, and incentive programs.
Kluwer Copyright Blog
NOVEMBER 11, 2024
In Equisafety Ltd v Woof Wear Ltd ( Equisaftey ) Ian Karat sitting as a Judge in the Intellectual Property Enterprise Court ( IPEC ) rejected the Claimant’s copyright infringement claim in respect of various equestrian garments because the garments did not qualify as works of artistic craftsmanship under s.4 of the Copyright Design and Patents Act 1988 ( CDPA ).
JD Supra Law
NOVEMBER 11, 2024
Welcome to Venable’s BiologicsHQ Monthly Injection – October 2024.
Patently-O
NOVEMBER 11, 2024
by Dennis Crouch Patent law cases continue to be brought to the Supreme Court's attention, even though the court has not granted certiorari in any patent case for some time. Twelve potential cases have documents on file with the court. Currently, eight certiorari petitions are briefed and pending before the Court, while four additional petitions are anticipated in the coming months based on recently-filed extension requests.
Likelihood of Confusion
NOVEMBER 11, 2024
Originally posted 2008-04-29 02:59:45. Republished by Blog Post PromoterThose were the days! The post Gee, our old LaSalle ran great appeared first on LIKELIHOOD OF CONFUSION™.
Hugh Stephens Blog
NOVEMBER 11, 2024
Image: Shutterstock It is so ludicrous it’s hard to believe the ads—real ads but using a fake news story to promote a fraudulent product–appeared in mainstream media in Canada and elsewhere. But it happened. The Canadian Press has an in depth report about the ads that appeared in digital editions of such publications as the … Continue reading "It’s a Copyright Violation, But Also Much Worse… Fraud, Negligence, and “Misappropriation of Personality”…Plus B
IPilogue
NOVEMBER 11, 2024
IP Osgoode and the Intellectual Property Institute of Canada (IPIC) are thrilled to announce the winners of the 2024 edition of Canada’s IP Writing Challenge. In the Law Student category, Pasha Kulinich won for his entry, “Shortcomings of the Trademarks Act in the Frontline against Counterfeit Goods”. Pasha is a 3L student at Queen’s University’s Faculty of Law.
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