3 Count: PRS Dispute
Plagiarism Today
JUNE 27, 2024
Musicians file case against PRS for Music, Filmmakers appeal Reddit subpoena and SC bar accused of playing unlicensed music. The post 3 Count: PRS Dispute appeared first on Plagiarism Today.
Thu.Jun 27, 2024
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Don't Forget About NFTs! USPTO and USCO Issue Joint Study on the Interplay Between NFTs and Intellectual Property
JD Supra Law
JUNE 27, 2024
Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of "property." Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space. NFTs, however, have played a major role in shifting our valuation of assets beyond the physical realm, extending instead to the recognition of digital property rights in the non-physical (cyber) space.
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The Inevitable Collapse of Chegg
Plagiarism Today
JUNE 27, 2024
Three years ago, Chegg was a juggernaut of the edtech space. Now, its business is in ruins. The reason: AI provides a better way to cheat. The post The Inevitable Collapse of Chegg appeared first on Plagiarism Today.
LaLiga and UAE Launch ‘Anti-Piracy Laboratory’ to Block Pirate Sites
TorrentFreak
JUNE 27, 2024
The United Arab Emirates ( UAE ) is rapidly expanding its population, mostly through migrant workers. The country, where Dubai is the most populous city, presents itself as a region where people from all over the world can do business and find entertainment. UAE Pirates The region appears to be a magnet for the rich and famous, but it’s not all fun and games.
Software Composition Analysis: The New Armor for Your Cybersecurity
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?
Childcare Costs, Reduced Work, and Financial Strain: New Estimates for Low-Income Families
U.S. Department of Commerce
JUNE 27, 2024
Childcare Costs, Reduced Work, and Financial Strain: New Estimates for Low-Income Families June 27, 2024 ASowah@doc.gov Thu, 06/27/2024 - 10:27 According to new survey data from the Federal Reserve’s 2023 Survey of Household Economics and Decisionmaking (“SHED”), low-income families are more likely to reduce work to care for young children while high income families are more likely to pay for care.
[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - NCAA Name, Image, Likeness (NIL) Update – Recent Lawsuits
JD Supra Law
JUNE 27, 2024
In this episode of Trending Now - An IP Podcast,Amy Pruett and Edward White discuss the status of the NCAA Name, Image, Likeness (NIL) Policies, current challenges and recommendations for enforcement.
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Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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The FTC Challenges Companies’ Allegedly Improper Orange Book Patent Listings
JD Supra Law
JUNE 27, 2024
The Federal Trade Commission (FTC) has called attention in the past year to its perception of the influence that branded pharmaceutical companies have over the price of beneficial drugs. Most recently, the agency has asserted that drugmakers may be utilizing a patent tactic to delay generic competition.
bad influence: claims against vodka producer proceed, including failure to disclose endorser payments
43(B)log
JUNE 27, 2024
Sava v. 21 st Century Spirits, LLC, 2024 WL 3161625, No. 22 C 6083 (N.D. Ill. Jun. 25, 2024) 21 st Century sells Blue Ice Vodka and uses influencers to promote it. Plaintiffs brought claims under the state consumer protection statutes of Florida, Illinois, and California, as well as unjust enrichment, negligent misrepresentation, and breach of express warranty.
More Skinny-Label Drama or Just Your "Run-Of-The-Mill" Induced Infringement Case?
JD Supra Law
JUNE 27, 2024
The Federal Circuit's recently issued decision in the Amarin/Hikma case continues the drama around skinny labeling for generic and biosimilar products, but the panel certainly went out of its way to couch its analysis as an exercise of evaluating the sufficiency of a pleading in an ordinary induced infringement case.
Expanding Your Business Into Kenya: A Guide to the Registration of a Company
Cogency Global
JUNE 27, 2024
What this is : Whether you're a seasoned investor or exploring new horizons, Kenya's thriving business environment welcomes you. What this means : However, before establishing operations in this dynamic market, there are crucial legal considerations to address, particularly regarding the registration of companies.
IPO Diversity in Innovation Toolkit
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.
Possible “Poisonous” Divisional Application for Foreign Applications Entering China and Solving Strategies for it
JD Supra Law
JUNE 27, 2024
In filing cross-border patent applications, it is a general practice for foreign patent applicant to claim “right of priority” of the prior foreign patent application at the time of filing a Chinese patent application so as to enjoy the prior filing date thereof and to obtain a certain degree of flexibility in terms of filing strategy.
House Administration Committee Holds Hearing on U.S. Copyright Office Modernization
Copyright Alliance
JUNE 27, 2024
On June 26, the Committee on House Administration held a hearing titled The U.S. Copyright Office: Customers, Communities, and Modernizations Efforts. The hearing featured Shira Perlmutter, Register of Copyrights and […] The post House Administration Committee Holds Hearing on U.S. Copyright Office Modernization appeared first on Copyright Alliance.
SHOP SAFE Act: E-Commerce Trademark Enforcement Legislation Reintroduced in the House
JD Supra Law
JUNE 27, 2024
On June 11, 2024, Representatives Jerry Nadler (D-NY) and Darrell Issa (R-CA) of the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet reintroduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act of 2024. The proposed legislation seeks to protect US consumers from unknowingly purchasing counterfeit goods by incentivizing e-commerce platforms to implement certain guidelines.
USPTO Wants Input on Scope of Possible Statutory Experimental Use Exception
IP Watchdog
JUNE 27, 2024
The U.S. Patent and Trademark Office (USPTO) issued a draft Request for Comments (RFC) today seeking public feedback “on the current state of the experimental use exception jurisprudence and whether legislative action should be considered to enact a statutory experimental use exception.” The experimental use defense to patent infringement arises out of jurisprudence dating back to 1813 that allows some non-commercial experimentation with patented subject matter for limited purposes.
Supreme Court Rules that Copyright Infringement Claims: Can Cover Decades of Damages
JD Supra Law
JUNE 27, 2024
The Copyright Act requires that an infringement action be brought, if at all, within three years of the accrual of the claim. This requirement often limits the period for which damages can be recovered. As a recent Supreme Court opinion demonstrates, however, that is not always the case.
The Intangible Investor: ‘Bad Blood’ Doc Suggests Taylor Swift Dispute is One of Disrespect for Artists and IP Rights
IP Watchdog
JUNE 27, 2024
Few, if any, artists own the master recordings to their early albums. Not the Beatles, not Dylan, not Springsteen. Taylor Swift is no different. Labels gamble on acts and part of the upside if they hit—the quid pro quo, if you will—is owning valuable master recordings. Without control of these potential assets, they would likely walk away from most deals.
Family Feud: Counterclaims Too Little, Too Late
JD Supra Law
JUNE 27, 2024
The US Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that aggrieved family members’ counterclaims for various intellectual property matters were long overdue and subject to a laches defense. Sumrall v. LeSEA, Inc., Case No. 23-2833 (7th Cir. June 12, 2024) (Scudder, Pryor, St. Eve, JJ.).
The Fundamental Problem House IP Subcommittee Witnesses Overlooked in Litigation Financing Hearing
IP Watchdog
JUNE 27, 2024
The House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on June 12, 2024 titled the “The U.S. Intellectual Property System and the Impact of Litigation Financed by Third-Party Investors and Foreign Entities.” They were tasked with examining the impact of third-party funding and foreign entities regarding U.S. patent litigation.
Is the Art of Parody Dead? - Implications of SCOTUS Jack Daniel’s Opinion A Year Later
JD Supra Law
JUNE 27, 2024
It has been a year since the Supreme Court issued its decision in the multiple-year legal battle between VIP Products LLC and Jack Daniel’s. We covered this dispute when it was back at the 9th Circuit.
UPC Adds 8 Science And Technology Specialist Judges
IP Law 360
JUNE 27, 2024
The European Union's Unified Patent Court has appointed a host of new judges, each with expertise in the fields of science and technology, as it grows in its second year in operation.
Broad Biotech Patent Claims-the Saga Continues
JD Supra Law
JUNE 27, 2024
There now is increased interest about the written description and enablement requirements for patent applications claiming antibodies. This may stem from the recent U.S. Supreme Court decision in Amgen v. Sanofi, finding lack of enablement for broad antibody claims.
Unpacking The Circuit Split Over A Federal Atty Fee Rule
IP Law 360
JUNE 27, 2024
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles at Finnegan.
Relying on Computer-Implemented, Result-Focused Functional Language Is a Bad Bet
JD Supra Law
JUNE 27, 2024
Before Dyk, Prost, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Recitations of a computer-implemented method can be an abstract idea and non-eligible under 35 U.S.C. § 101 if the claims recite result-focused functional language that is analogous to longstanding “real-world” activities and do not improve technology.
Nike Loses 3 Fitness Tracking Patents At PTAB
IP Law 360
JUNE 27, 2024
The Patent Trial and Appeal Board has invalidated three Nike patents related to fitness tracking technology, challenged by retailer Lululemon Athletica Inc., in a ruling that follows setbacks for Nike at the PTAB in May.
E for Effort? PI Analysis in Trade Secret Suit Riddled With Errors
JD Supra Law
JUNE 27, 2024
The US Court of Appeals for the Federal Circuit reversed the granting of a sweeping preliminary injunction (PI) in a trade secret suit against a competitor, finding that the district court’s analysis failed to consider potentially dispositive issues and the requirements of the Defend Trade Secrets Act (DTSA). Insulet Corp. v. EOFlow, Co., Case No. 24-1137 (Fed.
Rec Sports Co. Wants Proof Behind Trade Secret Theft Claims
IP Law 360
JUNE 27, 2024
A recreational sports club that was accused of receiving a competitor's confidential customer information has demanded that its accuser produce its evidence, telling a New Jersey federal judge that it is "mystified" by the allegations.
Federal District Court Declines to Award ‘Bad Faith’ Fees for Party’s Failure to Sufficiently Identify Trade Secrets in Federal Claim
JD Supra Law
JUNE 27, 2024
Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA). See Design Gaps, Inc. v. Hall, No. 3:23-CV-186-MOC, 2024 WL 203244 (W.D.N.C. Jan. 18, 2024). .
TurboTax Maker Wipes Out 2 Of 3 Software Patents At PTAB
IP Law 360
JUNE 27, 2024
The Patent Trial and Appeal Board delivered a mixed bag of decisions in patent challenges brought by Intuit against a small software outfit that claims to have invented the idea of "co-browsing.
Third Circuit Holds that Judge, Not Jury, May Determine “Bad Faith” for Purposes of Fee Shifting Under DTSA and PUTSA
JD Supra Law
JUNE 27, 2024
Both the federal Defend Trade Secrets Act of 2016 (“DTSA”) and Pennsylvania Uniform Trade Secrets Act (“PUTSA”) provide that a defendant may recover its attorneys’ fees if it demonstrates that a claim for misappropriation of trade secrets is brought in “bad faith.” See 18 U.S.C. § 1836(b)(3)(D); 12 Pa. Cons. Stat. § 5305(1). But who decides “bad faith” – a judge or a jury?
EU High Court Upends Servier Decrease Of Pay-For-Delay Fine
IP Law 360
JUNE 27, 2024
French pharmaceutical giant Servier is back on the hook for all but €2.4 million ($2.57 million) of a more than €300 million European Union antitrust fine after the European Court of Justice upended a lower court decision that had reduced the penalty by over €100 million.
Wordle vs. Worldle: Trademark Infringement Isn’t Just a Word Game
JD Supra Law
JUNE 27, 2024
Another company takes your protected name, adds a letter to it, gains popularity and revenue, and is now applying for a trademark. What happens next? If you are Worldle, you want Wordle not to worry about it. The U.S. Patent and Trademark Office is currently reviewing whether someone can legitimately use an already-established name just by making slight changes to the spelling and pronunciation.
GoodPop Says Rival Misleads With '100% Real Fruit' Claim
IP Law 360
JUNE 27, 2024
The makers of GoodPop popsicles sued rival Jonny Pops LLC on Thursday, saying that despite Jonny Pops advertising its products as being made with "100% real fruit" and healthy "simple ingredients," the pops are mostly water and added sugar well beyond what is healthy for children or adults.
Patent Case Summaries | Week Ending June 21, 2024
JD Supra Law
JUNE 27, 2024
Beteiro, LLC v. DraftKings Inc., et al., Nos. 2022-2275, -2277, -2278, -2279, -2281, -2283 (Fed. Cir. (D.N.J.) June 21, 2024). Opinion by Stark, joined by Dyk and Prost. Beteiro owns four related patents directed to devices and methods for remote gambling at a gaming facility. Beteiro filed infringement suits against various online gambling platforms.
Fed. Circ. Backs Ax Of United Therapeutics' Drug Patent
IP Law 360
JUNE 27, 2024
The Federal Circuit has affirmed a Patent Trial and Appeal Board finding that claims in a United Therapeutics Corp. high blood pressure drug patent challenged by Liquidia Technologies were invalid as obvious, even though Liquidia's petition included an expert declaration that did not have a required oath.
Rum Wars: Lanham Act Doesn’t Preclude Judicial Review of PTO Renewal Decisions
JD Supra Law
JUNE 27, 2024
The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s ruling, holding that the Lanham Act does not foreclose an Administrative Procedure Act (APA) action for judicial review of the US Patent & Trademark Office’s (PTO) compliance with statutes and regulations governing trademark registration renewal. Bacardi & Co.
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