Plagiarism Today
NOVEMBER 6, 2024
Collage artist gets mixed decision in collage case, Shein and Temu head to court in a year and IPTV provider sued for wiretapping. The post 3 Count: A Collage Ruling appeared first on Plagiarism Today.
Hugh Stephens Blog
NOVEMBER 6, 2024
The new, improved and “unlosable” Canadian poppy (Photo:author) I am preparing for our annual Remembrance Day ceremony on November 11 at the Community and Fire Hall in our little community of Willis Point, some 20 kilometres north of Victoria, BC.
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Plagiarism Today
NOVEMBER 6, 2024
Jeraldo F.L. Jackson, the dean of Michigan State University's College of Education has been accused of plagiarism. The post Michigan State University Dean Accused of Plagiarism appeared first on Plagiarism Today.
Michael Geist
NOVEMBER 6, 2024
The Canadian government has just announced the conclusion of its national security review of TikTok and arrived at a curious conclusion: it plans to ban the company from operating in Canada but the app will remain available here. I wrote earlier this year about the need for better laws to counter the risks associated with TikTok, rather than banning the app altogether.
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?
JD Supra Law
NOVEMBER 6, 2024
New York is unique among state-regulated cannabis markets for a host of different nuances and complexities, but among them is the Type 3 – Processor Branding License, which provides, among other things, that third-party brands cannot enter into white labeling and/or branding agreements with licensed Cultivators and/or Processors without first obtaining this license.
TorrentFreak
NOVEMBER 6, 2024
During 2010/2011, opportunity arose for Hollywood to convince the High Court in London that site-blocking would be a proportionate response to tackle a single Usenet indexing site called Newzbin. As rightsholders offered assurances that the action would be carefully targeted and strictly limited in scope, the requested injunction was granted in October 2011.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP and Legal Filings
NOVEMBER 6, 2024
THE INEVITABLE DISCLOSURE DOCTRINE The inevitable disclosure doctrine holds – “the former employee would “inevitably disclose” those trade secrets in his or her new position with a competitor employer. The rationale of inevitable disclosure is that even without an actual misappropriation of trade secrets, and even without a negotiated non-compete agreement, disclosure will occur because of the close functional relation of the new employment to the former position.
JD Supra Law
NOVEMBER 6, 2024
On October 31, 2024, the European Commission (EC) fined Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva) EUR462.6 million for abusing a dominant position in several EU Member States on the market for the treatment of multiple sclerosis by misusing patent procedures through ‘playing the divisionals game’ and engaging in a disparagement campaign against a generic competitor.
SpicyIP
NOVEMBER 6, 2024
Fortis logo. Image from here In a fresh twist to the Daiichi-Ranbaxy saga, the Delhi High Court on October 29 directed ( pdf ) to auction the “Fortis” trademark to recover a part of the INR 4900 crore owed to Daiichi by the judgement debtors in the aftermath of the 2016 arbitral award (originally, as reported here , INR 3500 crores were awarded to Daiichi).
JD Supra Law
NOVEMBER 6, 2024
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
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.
Kluwer Copyright Blog
NOVEMBER 6, 2024
Just seven weeks after the release of the AG’s Opinion the Kwantum v. Vitra case was decided by the European Court. For Dutch background and early criticism, see my earlier blog. The main question asked to the Court was whether a Member State may unilaterally apply the Berne Convention’s rule of material reciprocity (Article 2(7) BC) to non-EU works.
JD Supra Law
NOVEMBER 6, 2024
The U.S. Court of Appeals for the Second Circuit recently heard oral argument in an appeal from a jury verdict that found in favor of Plaintiffs Hermès International and Hermès of Paris, Inc. ("Hermès") against Mason Rothschild on trademark infringement over Rothschild's use of MetaBirkin and Hermès' iconic Birkin bag imagery displayed on non-fungible tokens (NFTs) offered for sale on OpenSea.
The IPKat
NOVEMBER 6, 2024
The Higher Regional Court of Munich rendered an interesting judgment concerning trade marks for model designations of the car makers Audi and NIO. Background Audi owns EU trade marks ‘ S6 ’ and ‘ S8 ’, both registered for ‘vehicles’ in class 12. In 2016, NIO filed German trade marks ‘ ES6 ’ and ‘ ES8 ’ inter alia for ‘vehicles’ in class 12. They were cancelled upon opposition by Audi (except for some services in class 37).
JD Supra Law
NOVEMBER 6, 2024
Defamation cases are hard ones in the real world. Recent US matters involving Dominion Voting, Sara Palin, and even Cheetos show that these cases continue to interest the general public as well as legal cognoscenti. Resolving these lawsuits is dependent on understanding concepts of truth, accuracy, fact, opinion, and all manner of issues that define the context of the statements at the root of the claims.
IP Law 360
NOVEMBER 6, 2024
The Federal Circuit declined Wednesday to revive a Centripetal Networks LLC patent covering computer network protection, backing a Patent Trial and Appeal Board decision that handed a win to challenger Palo Alto Networks Inc.
JD Supra Law
NOVEMBER 6, 2024
This is the second post in a 3-part series. Example 48 is described below, which is directed to analyzing speech signals and separating desired speech from extraneous or background speech using AI.
Managing IP
NOVEMBER 6, 2024
Lawyers at Dentons unpick the findings of a survey that revealed that businesses tend to focus on reactive rather than proactive use of AI when performing IP evaluations
JD Supra Law
NOVEMBER 6, 2024
In a potential shakeup for corporate liability, the Supreme Court will hear oral argument this year on whether a real estate developer’s corporate affiliates should be responsible for a $46.6 million trademark infringement judgment—despite not being defendants in the case.
IP and Legal Filings
NOVEMBER 6, 2024
In the past decade or so, media and entertainment of India, particularly streaming platforms such as Netflix, Amazon Prime, Hotstar, etc. has revolutionized. Comparatively, OTT platforms have tried and tested, new age ideas and daring themes along with addressing often considered sensitive social themes. Nevertheless, increased production of digital content has attracted more attention from the government leading to the formulation of the Information Technology (Intermediary Guidelines and Digit
JD Supra Law
NOVEMBER 6, 2024
It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application. Any practitioner seeking to invalidate a patent knows that the ideal references used both for prior art and for demonstrating the knowledge of a POSITA will have been made public before the effective filing date of the patent in question.
IP Law 360
NOVEMBER 6, 2024
Online resale marketplace StockX has asked a New York federal judge to end Nike's counterfeiting and false advertising claims, saying that StockX has actually prevented the sale of millions of suspected counterfeits and that "Nike strains credulity when it claims StockX is a willful counterfeiter.
JD Supra Law
NOVEMBER 6, 2024
Case Name: Teva Branded Pharm. Products R&D, Inc. v. Deva Holding A.S., Civ. No. 24-4404 (SRC), 2024 WL 3966314 (D.N.J. Aug. 28, 2024) (Chesler, J.).
IP Law 360
NOVEMBER 6, 2024
Apple misappropriated Masimo's pulse oximetry trade secrets and used them to improve its Apple Watch, a Masimo expert witness testified in California federal court Wednesday, pointing to Apple's use of a short circuit LED and a black foam test.
JD Supra Law
NOVEMBER 6, 2024
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.
IP Law 360
NOVEMBER 6, 2024
The Federal Circuit is set to decide whether a LexisNexis program that helps attorneys track their billable hours is stepping on another company's intellectual property or if that company is simply trying to patent the noninventive concept of keeping time using a computer.
JD Supra Law
NOVEMBER 6, 2024
The Adult-Use Processor Type 3 Branding license (Brand License) authorizes the license holder to market their brand(s) in New York State's adult-use cannabis market by entering into white labeling agreements with other licensed adult-use processors. The Brand License allows licensees to enter into white labeling agreements without becoming a True Party of Interest (TPI) of another licensed adult-use processor.
IP Law 360
NOVEMBER 6, 2024
The Second Circuit has partially restored a breach of contract claim from a would-be class action that alleged McGraw Hill shortchanged textbook authors on royalties from e-book sales, saying there was merit to one of their arguments relating to contract language.
JD Supra Law
NOVEMBER 6, 2024
Precedential and Key Federal Circuit Opinions - NEXSTEP, INC. v. COMCAST CABLE COMMUNICATIONS, LLC [OPINION] (2022-1815, 2022-2005, 2022-2113, 10/24/2024) (Reyna, Taranto, Chen) - Chen, J. The Court affirmed the district court’s judgment of non-infringement in favor of Comcast. Before the district court, Comcast prevailed on all nine patents asserted by NexStep, including patents related to voice remote controls and customer support systems.
IP Law 360
NOVEMBER 6, 2024
An irritated Federal Circuit panel criticized attorneys for the United Services Automobile Association and PNC Bank on Wednesday for a lack of clarity on which issues reached a final judgment in their nine-figure patent dispute, with one judge telling them, "You both should be embarrassed.
Nelligan Law
NOVEMBER 6, 2024
Reading Time: 2 minutes Establishing causation is one of the most crucial and often challenging aspects of medical malpractice litigation in Ontario. Causation links the healthcare provider’s breach of duty directly to the patient’s injury or damages. This blog explores the concept of causation in medical malpractice cases, explain how it is determined, and highlights its significance in achieving a successful legal outcome.
IP Law 360
NOVEMBER 6, 2024
Medtronic is seeking a new trial after a California federal jury two months ago found that Axonics did not infringe three of its patents related to its bladder and bowel control device, while Axonics wants the court to find that one of those patents wasn't valid to begin with.
Nelligan Law
NOVEMBER 6, 2024
Reading Time: 3 minutes After proving that a doctor fell below the standard of care in Ontario, the next step involves the assessment and awarding of damages to the injured patient. Damages are intended to compensate the patient for the losses and harm they suffered due to the medical negligence. This blog explores the different types of damages in Ontario medical malpractice cases, how they are calculated, and the factors that influence their amount.
IP Law 360
NOVEMBER 6, 2024
Abbott Laboratories has resolved a dispute with a diabetes test-strip wholesaler that was ordered to pay Abbott $33.4 million after committing discovery misconduct, with the parties saying they've agreed to a settlement after a federal appeals court upheld Abbott's default win in September.
Nelligan Law
NOVEMBER 6, 2024
Reading Time: 2 minutes Navigating a medical malpractice claim in Ontario can be an overwhelming process. For patients who have suffered due to a healthcare provider’s negligence, having skilled legal support is crucial. This blog outlines the importance of legal representation in Ontario medical malpractice claims and how lawyers can help patients receive compensation.
IP Law 360
NOVEMBER 6, 2024
Attorneys need to remember that jurors may have to make significant financial sacrifices during trials and respect that while litigating, a Delaware federal judge said Wednesday as part of a discussion that also featured tips on claim construction and jury instructions.
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