JD Supra Law
DECEMBER 17, 2024
The sun is officially setting on the United States Patent and Trademark Offices (USPTO) After Final Consideration Pilot Program 2.0 (AFCP 2.0)[1]. This program, which has been instrumental in facilitating patent prosecution efficiency, will officially conclude on Saturday, December 14, 2024.
IP Watchdog
DECEMBER 17, 2024
This year saw the start of the Unified Patent Court (UPC) issuing substantive decisions. As of December 9, the UPC has issued over 20 decisions on the merits, primarily involving infringement actions, and numerous decisions relating to provisional measures. The Court has granted injunctions in all cases where a patent has been found to be valid and infringed (including Standard Essential Patent (SEP) cases).
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Likelihood of Confusion
DECEMBER 17, 2024
Originally posted 2018-12-18 21:46:04. Republished by Blog Post PromoterEveryone knows that distinctiveness can be inherent or acquired, and that some kinds of trademarks — product-configuration trade dress, notably — can “never” be inherently distinctive. But not everyone knows that the same principle applies, though not (to my knowledge) utilizing the nomenclature of “acquired,” to trademark […] The post Strong to save appeared first on LIKELIHOOD OF C
JD Supra Law
DECEMBER 17, 2024
Front Row Motorsports, one of two teams suingNASCARin federal court, accused the stock car series Thursday of rejecting the planned purchase of a valuable charter unless the lawsuit was dropped.
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
DECEMBER 17, 2024
Earlier today, the UK Government launched a public consultation on copyright and Artificial Intelligence (AI), including unlicensed text and data mining (TDM) and computer-generated outputs. Katfriends Phil Sherrell and Toby Bond (both Bird & Bird) explain what this is all about. Here's what they say: NEWSFLASH - The UKs New Consultation on AI and Copyright: Purr-suing Balance?
JD Supra Law
DECEMBER 17, 2024
In April 2024, we published a summary of the then current state of artificial intelligence (AI)-related copyright litigation. Since that publication, new theories for complaints and defenses have emerged in this space. As 2024 draws to a close, we provide a brief update on such litigation.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
DECEMBER 17, 2024
Less than two months after CVC made the surprising move to revoke two of its seminal European CRISPR patents, Sigma-Aldrich has done it too. While the facts that led to Sigmas self revocation may be different than CVCs, this en vogue trend of avoiding final decisions is troubling because it denies the public of the certainty it deserves.
The IPKat
DECEMBER 17, 2024
Starting the week with exciting news, here is what you might have missed! Join Us! The IPKat has started taking applications for GuestKat and InternKat positions. The deadline for applying to be a GuestKat and InternKat is Monday, 20 January (midnight GMT). For more details, check out our post here. Trade marks Marcel Pemsel reported on a recent judgment of the General Court concerning acquiescence (Art. 61(1),(2) EUTMR) in the context of a dispute between Vintae Luxury Wine Specialists SLU and
JD Supra Law
DECEMBER 17, 2024
In recent years, intellectual property (IP) claims have been on the risepatent disputes, infringement claims, unlicensed use of social media contentall often lead to expensive IP litigation. Originally published in IPWatchdog - October 21, 2024.
SpicyIP
DECEMBER 17, 2024
Image from here and here. In an interesting development that caught my eye (coincidentally after reading Shravyas post here on Mediation in IP), Mdecins Sans Frontires (MSF) has filed a suit against Dharma Production for using the MSF trademark in a scene of the movie Jigra. MSF , commonly also known as Doctors without Borders, is involved in humanitarian medical care and has long been an advocate for access to medicines.
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.
JD Supra Law
DECEMBER 17, 2024
DDR Holdings, LLC v. Priceline.com LLC, Appeal Nos. 2023-1176, -1177 (Fed. Cir. Dec. 9, 2024) In our Case of the Week, the Federal Circuit affirmed a stipulated non-infringement judgment from Delawares district court, finding that the Appellee, Booking Holdings Inc. (Booking), had not infringed the Appellant, DDR Holdings LLCs (DDR Holdings) patent for e-commerce web pages.
Kluwer Copyright Blog
DECEMBER 17, 2024
Being an academic is a vocation. We are not in it for the money (hopefully), but mostly (hopefully) for the impact that we can make on our students and colleagues lives, as well as to contribute to the process of healthy law and policy-making. It is a job with lots of responsibility, joys, surprises and disappointments, but one thing is for sure publishing is a big part of our workload.
JD Supra Law
DECEMBER 17, 2024
On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (Vintage) and two other defendants liable for trademark infringement for selling counterfeit merchandise bearing the marks of The Pennsylvania State University (Penn State). Why did it take so long to reach this conclusion?
IP and Legal Filings
DECEMBER 17, 2024
Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.
JD Supra Law
DECEMBER 17, 2024
The United States Patent and Trademark Office (USPTO) has withdrawn its controversial proposal to amend the rules on terminal disclaimers and double patenting. This decision marks a significant triumph for advocates of continuation patent strategies and the broader innovation ecosystem.
IP Watchdog
DECEMBER 17, 2024
This week my conversation is with Carlo Cotrone, who is a Chief IP Counsel and frequent contributor to IPWatchdog, both our online publication and at our in-person programs. During our conversation we discuss taking a holistic view that focuses on the IP strategy, the people, and the operational aspects of building and managing a team, which includes both in-house employees, outside law firms and service providers, all working together in coordination to deliver high impact for the company.
JD Supra Law
DECEMBER 17, 2024
Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.
SpicyIP
DECEMBER 17, 2024
[ This post is authored by SpicyIP intern Shravya Pandre. Shravya is a third year BA.LLB. Hons. student at The National Academy of Legal Studies and Research, Hyderabad. Her previous post can be accessed here. ] While interim injunctions seem to be the go-to remedy in India against IP infringements, negotiation as a means to resolve IP disputes rarely gets the same traction.
JD Supra Law
DECEMBER 17, 2024
The United States Patent and Trademark Office (USPTO) announced the finalized patent fee increases which will be taking effect on January 19, 2025. These fee changes include an average increase of 7.5 percent in fee collections from the current fees and are setting or adjusting 433 patent fees including 52 new patent fees that were not previously assessed.
IP Law 360
DECEMBER 17, 2024
A Florida bankruptcy judge on Tuesday dismissed the Chapter 11 case of an entity connected to the Miss America pageant, after the debtor noted it realized it owns none of the operations or debt associated with the competition, punting questions over who owns pageant-related assets to a state court.
JD Supra Law
DECEMBER 17, 2024
The U.S. Patent and Trademark Office (USPTO) has recently terminated proceedings in approximately 3,100 patent applications due to the fraudulent use of a registered practitioner's signature by an unauthorized individual. This incident underscores the critical importance of adhering to proper signature practices in patent filings.
IP Law 360
DECEMBER 17, 2024
The reality TV tattoo artist Kat Von D has told the Ninth Circuit that a photographer who mounted a failed copyright lawsuit over a photo of the jazz great Miles Davis is now ignoring "most of the facts" by appealing the jury verdict that rejected the infringement case.
JD Supra Law
DECEMBER 17, 2024
The USPTO will set or adjust numerous trademark fees on January 18, 2025. The USPTOs summary table of the key changes is available at the end of this alert.
IP Law 360
DECEMBER 17, 2024
A New York federal judge on Monday sentenced a Canadian businessman to two years in prison after he pled guilty to charges he helped his Chinese business partner usetrade secrets from his former employer that was acquired by Tesla in 2019.
JD Supra Law
DECEMBER 17, 2024
Trastuzumab 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
DECEMBER 17, 2024
Patent Quality Assurance LLC has disclosed its members to a Virginia federal court after initial resistance, but urged the judge to keep that information under seal, saying the company suing it would likely "harass and smear" its members.
JD Supra Law
DECEMBER 17, 2024
Etanercept 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
DECEMBER 17, 2024
A Washington federal judge has pared down a toy company's suit accusing a competitor of improperly luring away a former contractor and infringing copyrighted material in making a Disney-branded game, partially letting claims involving unfair competition and fraudulent misrepresentations proceed while dismissing others.
JD Supra Law
DECEMBER 17, 2024
As companies embrace digital transformation, they increasingly depend on proprietary technologies and data that requires robust cybersecurity measures to safeguard intellectual property (IP). Zifino and Foley & Lardner LLP collaborate here to share insights on the intersection of IP and cybersecurity, exploring strategies to protect valuable assets from cyber threats while fostering innovation.
IP Law 360
DECEMBER 17, 2024
A trademark group has said a Trademark Trial and Appeal Board decision upheld by a New York federal court in an Italian winemaker's fight against a Napa Valley, California, rival over similarly named wines is at oddswith a separate board decision in a dispute that made its way to the U.S. Supreme Court.
Velocity of Content
DECEMBER 17, 2024
CCC has been named one of the Top Places to Work in Massachusetts for the fourth year in a row in The Boston Globe’s 16 th annual employee-based survey project. 175 companies made the Globes annual Top Places to Work list this year. In all, the employee engagement company Energage invited more than 8,000 organizations with employees in Massachusetts to participate.
IP Law 360
DECEMBER 17, 2024
A Georgia federal judge appeared unsympathetic on Tuesday to a former Georgia Tech professor who said he was the victim of a mishandled internal audit that led to his indictment on racketeering charges, telling the professor's civil attorney his client was "lucky that he's not in prison.
Copyright Alliance
DECEMBER 17, 2024
As the fall season ends, the Mariah Carey defrosting process begins Christmas is here! Across the country excited families begin their Christmas light extravaganza. Whether it is Candy Cane […] The post Does Copyright Law Protect Christmas Light Displays? appeared first on Copyright Alliance.
IP Law 360
DECEMBER 17, 2024
The U.S. Department of Defense on Tuesday issued rules expanding the data rights retained by small business research and development program participants, and codifying that unique rules for architectural and engineering contracts cover orders under multiple-award contracts.
IP Close Up
DECEMBER 17, 2024
Viewers rely on the honesty of a photographer and credibly of content distributors, like the BBC and The New York Times, to accurately capture and Continue reading
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