Plagiarism Today
SEPTEMBER 30, 2024
Over the past week, Automattic has been battling WP Engine over WordPress-related issues. Here's what is going on. The post The Bitter Trademark Battle Over WordPress appeared first on Plagiarism Today.
TorrentFreak
SEPTEMBER 30, 2024
The DMCA takedown process allows rightsholders to request the removal of infringing material from online platforms. It’s a powerful, widely-used tool that results in millions of URLs and links being taken down daily. While often justified, some DMCA takedown requests are questionable or even outright abusive. Google Sues DMCA Scammers Google is no stranger to DMCA abuse.
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Plagiarism Today
SEPTEMBER 30, 2024
SESAC dispute with YouTube gets videos pulled, authors get to depose Mark Zuckerberg and Nelly bandmates sue. The post 3 Count: SESAC Dispute appeared first on Plagiarism Today.
IP Watchdog
SEPTEMBER 30, 2024
The U.S. Patent and Trademark Office (USPTO) has finalized its rule formalizing the interim Director Review process the Office has been following for Patent Trial and Appeal Board (PTAB) decisions under the America Invents Act (AIA) since the Supreme Court’s Arthrex v. Smith & Nephew decision. In July 2021, the USPTO announced that it would be implementing an interim rule at the agency in response to the late June 2021 decision in Arthrex v.
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
SEPTEMBER 30, 2024
Siemens Energy on Monday pled guilty to wire fraud and agreed to pay $104 million to put to rest federal prosecutors' case accusing the company of misappropriating the confidential information of General Electric and Mitsubishi, a plea deal that comes after multiple former Siemens executives pled guilty in related cases.
The Illusion of More
SEPTEMBER 30, 2024
When it comes to cyber policy and anything like intellectual property, the Electronic Frontier Foundation’s critiques are so predictable, they might as well use ChatGPT to write their blog. For instance, in opposing the NO FAKES Act, an April post by Corynne McSherry selects items from that same menu of responses EFF has used to […] The post It Looks Like the EFF is Pro FAKES appeared first on The Illusion of More.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP and Legal Filings
SEPTEMBER 30, 2024
Introduction India is a country where sports such as cricket, football are very famous among people and sports is also used as source of earning by many of them by the way of betting. Although sport betting and game fixing is banned in India the modern day fantasy gaming app allows the user to make teams and place bets with the help of these apps under the name of game of skill and because of this these apps are allowed to operate currently in India.
Technology & Marketing Law Blog
SEPTEMBER 30, 2024
Raise your hand if this could describe you too: Joyce Toth clicked on a checkbox indicating that she read and accepted certain terms and conditions, which were contained in a linked “User Agreement.” Her representation was only half true. Toth, like countless consumers before her, did not read the terms and conditions that she ostensibly accepted.
JD Supra Law
SEPTEMBER 30, 2024
In the United States, the intellectual property rights system for plants is multifaceted, encompassing utility patents, plant patents, trademarks, and Plant Variety Protection (PVP) Certificates. These mechanisms offer different types of protection and are not mutually exclusive. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
SpicyIP
SEPTEMBER 30, 2024
In light of the recent copyright dispute between singer Jasleen Royal and music label T-Series over the composition of the song “All Right”, we are pleased to bring to you this quick post by SpicyIP intern Mansi Bhatia. Mansi is a law student at Institute of Law, Nirma University. Jasleen Royal. Image from here. “All Right” for Who?
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
SEPTEMBER 30, 2024
One of the key aspects of a successful start-up is the ability to leverage assets to raise capital for continued operation, growth, and expansion. Traditionally, the main assets of startups are innovations that require Intellectual Property protections, such as Patents, Trademarks, Copyrights, and/or Trade Secrets. Startups must comprehensively understand the types of intellectual property and fashion a forward-looking strategy to protect innovations utilizing intellectual property.
Michael Geist
SEPTEMBER 30, 2024
Questions about trust in the media have escalated in Canada in recent months as with each error or questionable tweet, there is seemingly an inevitable chorus of concerns that raise doubts about the implications of government regulation and funding of the media. So where is the Online News Act at right now? What of the new collective designed to distribute the $100 million that Google agreed to pay in return for an exemption from mandated arbitration?
JD Supra Law
SEPTEMBER 30, 2024
On September 19, 2024, California Governor Gavin Newsom signed into law the California AI Transparency Act, which will require providers of generative artificial intelligence (AI) systems to: (a) make available an AI detection tool; (b) offer AI users the option to include a manifest disclosure that content is AI generated; (c) include a latent disclosure in AI-generated content; and (d) enter into a contract with licensees requiring them to maintain the AI system’s capability to include such a.
IP Watchdog
SEPTEMBER 30, 2024
Over the last six months, only 6.3% of Federal Circuit actions have been precedential patent decisions. If so little of what the Federal Circuit is doing relates to patents, why do we need or want a “patent court”? Meanwhile, what decisions the Federal Circuit does issue are panel dependent and show not a care in the world about the court’s original mandate, which was to create a unified national patent law and recognize that at least some patents have to be valid and enforced.
JD Supra Law
SEPTEMBER 30, 2024
There is a quite a lot of buzz around potential reclassification of marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). This reclassification, proposed by the DEA and backed by HHS, recognizes marijuana’s medical use and lower potential for abuse. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
The IPKat
SEPTEMBER 30, 2024
In a recent decision ( [2024] EWHC 2282 (Ch) ) on trade mark revocation and infringement , the High Court of England & Wales (the Court) held that there was no likelihood of confusion between "easylife" marks, owned by the EasyGroup, and "easylive" marks. Background The Claimant, EasyGroup Ltd (EasyGroup), is part of the well-known "Easy" group of companies controlled by Sir Stelios Haji-Ioannou, the founder of easyJet.
JD Supra Law
SEPTEMBER 30, 2024
In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., 2024 U.S. App. LEXIS 21348 (Fed. Cir. Aug. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Albright sitting by designation, vacated and remanded an award of attorneys’ fees to the defendants. Although the district court had determined the case was exceptional under 35 U.S.C. § 285 on the basis of six “red flags,” the Federal Circuit concluded that the red flags did not support an exceptional case finding and.
The TTABlog
SEPTEMBER 30, 2024
E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. Section 2(a) - Deceptiveness: TTABlog Test: Is LEATHER MAN LTD & Design Deceptive for Belts Not Made of Leather?
JD Supra Law
SEPTEMBER 30, 2024
As challenging global market conditions linger, fashion brands and retailers in need of liquidity are exploring ways to extract cash from their brand portfolios without divesting entirely. In this article, we consider a popular approach in corporate transactions in the UK fashion industry.
The TTABlog
SEPTEMBER 30, 2024
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three (III) oral hearings for the month of October 2024. As indicated below, two of the hearings will be held virtually and the third will be in-person at the USPTO's Madison East Building in Alexandria, Virginia. Briefs and other papers for each case may be found at TTABVUE via the links provided.
JD Supra Law
SEPTEMBER 30, 2024
On September 17, 2024, California Governor Gavin Newsom signed into law two key bills, AB 1836 and AB 2602, aimed at enhancing protections for performers, both deceased and living, in response to the increased adoption of generative artificial intelligence (AI).
Patently-O
SEPTEMBER 30, 2024
by Dennis Crouch On September 30, 2024, the Supreme Court held its long conference, and considered whether to grant certiorari in a number of pending patent cases, including the eligibility-focused petition in Eolas v. Amazon. As we await the outcome of that conference, I wanted to highlight another new elitibility petition. This one in Plotagraph v.
JD Supra Law
SEPTEMBER 30, 2024
JAMP filed an application with the Competition Tribunal on July 26, 2024, seeking leave to bring an abuse of dominance case against Janssen relating to ustekinumab (Janssen’s STELARA).
IP Watchdog
SEPTEMBER 30, 2024
As we learned in Part I of this article, district courts, the Federal Circuit and the U.S. Patent and Trademark Office (USPTO) routinely confront Alice issues in different ways and with different philosophies. As the volume of Alice jurisprudence grows, so too does our ability to understand important trends. Below we outline those trends that practitioners, particularly litigators, would be wise to pay close attention to.
JD Supra Law
SEPTEMBER 30, 2024
Kevin Meek litigates patent disputes in federal courts across the country, before the US International Trade Commission, and in post-grant proceedings before the US Patent and Trademark Office. He has led dozens of trials involving a wide variety of advanced technologies, including consumer products, complex software, and semiconductor and telecommunications applications.
IP Law 360
SEPTEMBER 30, 2024
The U.S. Patent and Trademark Office's request for comment on whether legal precedent that experimental uses of patented inventions do not constitute infringement should be enshrined in a statute has drawn a variety of reactions, with both proponents and critics weighing in.
JD Supra Law
SEPTEMBER 30, 2024
The Federal Circuit has vacated a District of Delaware ruling in a patent case which found that patent claims asserted by Astellas Pharma were invalid under 35 U.S.C. § 101 for being directed to an abstract idea. The Federal Circuit found that the district could had violated the presumption of validity that the court was supposed to apply under 35 U.S.C. § 282.
IP Law 360
SEPTEMBER 30, 2024
Verizon Wireless and Ericsson will get another shot at convincing a Texas federal jury that they did not infringe intellectual property owned by a Dallas patent business, U.S. District Judge Rodney Gilstrap ruled Monday, setting aside a previous jury's $847 million verdict against the telecom giants.
JD Supra Law
SEPTEMBER 30, 2024
Approval of Accord’s Trastuzumab Biosimilar: On September 18, 2024, Accord announced that the Food and Drug Administration (FDA) approved a 420 mg dosage of HERCESSI (trastuzumab-strf), a biosimilar to Genentech’s HERCEPTIN (trastuzumab), to treat HER2-overexpressing breast and gastric or gastroesophageal junction adenocarcinoma.
IP Law 360
SEPTEMBER 30, 2024
A California federal judge trimmed a Scottish lawyer's multimillion-dollar lawsuit alleging Netflix's popular stalker miniseries "Baby Reindeer" defamed her, tossing negligence and publicity claims but allowing the attorney's defamation and emotional distress allegations to proceed.
JD Supra Law
SEPTEMBER 30, 2024
In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held that an expert must meet the definition of a “person of ordinary skill in the art” of the asserted patents in order to opine on infringement, among other issues. This new bright-line test and the underlying rationale, however, raised several new questions regarding expert admissibility.
IP Law 360
SEPTEMBER 30, 2024
U.S. Patent and Trademark Office Director Kathi Vidal issued a final rule Monday on the agency's process for having the director review certain Patent Trial and Appeal Board decisions, solidifying a mandate laid out by the U.S. Supreme Court three years ago.
JD Supra Law
SEPTEMBER 30, 2024
On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024) (“Decision”), the PTAB applied the test pronounced by the Federal Circuit in LKQ Corp. v. GM Glob. Tech. Operations LLC, 102 F.4th 1280 (Fed.
IP Law 360
SEPTEMBER 30, 2024
The Federal Circuit on Monday rejected Sony's bid to move a patent suit against it over a newer line of wireless PlayStation 5 controllers out of a Texas federal court, finding that it failed to show that the Northern District of California was a more convenient forum.
JD Supra Law
SEPTEMBER 30, 2024
The first legal article I wrote after law school was published in the July/August 1996 edition of the SC Lawyer (it's so old I can’t even find it online). The article entitled, “My Name, My Heritage, My Trademark Infringement Suit,” discusses how the use of one's family name in business has long been considered a fundamental right, but modern trademark law has significantly curtailed this practice.
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