IP Law 360
FEBRUARY 2, 2024
The U.S. Patent and Trademark Office is going for an early win in Virginia federal court where Danish drugmaker H. Lundbeck A/S is seeking to extend the life of a patent for a PTSD drug by three months, calling the case straightforward.
JD Supra Law
FEBRUARY 2, 2024
On Thursday, January 25, the Federal Trade Commission’s (FTC) Office of Technology hosted the FTC Tech Summit to discuss key developments in artificial intelligence (AI). The FTC brought together thought leaders from across the AI landscape to consider how to foster a fair and inclusive AI marketplace given the rapid development of large language models and generative AI.
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IP and Legal Filings
FEBRUARY 2, 2024
Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. Among them, there are religious symbols that are seen as an essential part of religious history in India, a heterogeneous country with a wide range of faiths.
Kluwer Copyright Blog
FEBRUARY 2, 2024
The disputed image On November 27, 2023, the Beijing Internet Court (BIC) ruled in an infringement lawsuit ( Li v. Liu ) that an AI-generated image is copyrightable and that a person who prompted the AI-generated image is entitled to the right of authorship under Chinese Copyright Law (see our bilingual version , and the later-released official translation ).
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?
SpicyIP
FEBRUARY 2, 2024
Image from here On January 3, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the Draft Patent (2nd Amendment) Rules, 2024 inviting public comments on the Proposed Rules. As discussed here , these hastily drafted Rules, full of typos and ambiguity, seem to enforce the amendments introduced by the Jan Vishwas (Amendment of Provisions) Act, 2023 and proposes to set up a new mechanism to hear complaints against offences under Sections 120, 122 and 123 of the Pa
JD Supra Law
FEBRUARY 2, 2024
Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their subsequent sale in, the United States.” Section 337 investigations are also known as unfair import investigations, and usually include allegations of patent infringement and trademark infringement by imported goods.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
FEBRUARY 2, 2024
On December 27, 2023, Judge Thomas S. Kleeh of the United States District Court for the Northern District of West Virginia issued an order finding that Mylan (Viatris) infringed claims 4, 7, 9, 11, and 14-17 of Regeneron’s U.S. Patent No. 11,084,865[1] (“the ’865 patent”) after a nine-day bench trial held in June 2023.
IP Law 360
FEBRUARY 2, 2024
The rapid spread of AI-generated duplicates of individuals' likeness and voice was the subject of a congressional hearing Friday in Los Angeles ahead of this year's Grammy Awards, with country music superstar Lainey Wilson pleading with lawmakers to act to protect celebrities and their fans from deepfakes.
JD Supra Law
FEBRUARY 2, 2024
Did Nintendo finally release a Pokémon videogame with guns? Oh, wait, it’s not Pokémon at all – it’s Palworld, a game released by Pocket Pair, a different Japanese videogame company. If you missed it, Palworld was released on January 19 and had sold over 12 million copies on Steam as of January 31.
43(B)log
FEBRUARY 2, 2024
Nikola Datzov, Can AI Keep a (Trade) Secret? We’ve funneled IP protection for AI generated inventions/information to trade secrecy w/o patent or copyright for human authors/inventors. But it’s narrow protection b/c there are no choices. How can we trust AI generated trade secrets? Concerns for bias, discrimination, unfair competition, antitrust. Disclosure to the government has risks for the trade secret owner; Elizabeth Rowe notes that the risk falls on the owner.
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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.
JD Supra Law
FEBRUARY 2, 2024
On January 28, 2024, Celltrion USA announced that it has completed submission of its application to the FDA for CT-P47, its proposed tocilizumab biosimilar. CT-P47 references Genentech’s ACTEMRA, an interleukin 6 receptor antagonist indicated for adult rheumatoid arthritis, juvenile idiopathic polyarthritis, and systemic juvenile idiopathic arthritis.
Nelligan Law
FEBRUARY 2, 2024
Reading Time: 2 minutes When a relationship between parent(s) and grandparent(s) breaks down, questions often arise over whether a parent can limit the contact a grandparent has with their child, or whether a grandparent has legal rights to such contact. In Ontario, family law matters arising over parenting time and contact are governed by the Children’s Law Reform Act (CLRA).
JD Supra Law
FEBRUARY 2, 2024
In the latest episode of the Founder Shares podcast, I had the pleasure of diving into the dynamic universe of university licenses with Dan O'Korn, a seasoned life sciences attorney specializing in licensing and development transactions within the pharmaceutical and biotech sectors, to uncover the secrets that transform groundbreaking academic research into the backbone of thriving businesses.
The IP Law Blog
FEBRUARY 2, 2024
As Scott Hervey previously wrote on the IP Law Blog , the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
JD Supra Law
FEBRUARY 2, 2024
New and emerging digital economies have created a unique set of challenges for today’s entrepreneurs, particularly when it comes to the early stages of brand development and brand launch strategy. From protecting your intellectual property to complying with complex regulatory frameworks, here are the top five things to consider before launching a digital brand, product, or service.
IP Law 360
FEBRUARY 2, 2024
Intel urged the Federal Circuit on Friday to reconsider its holding that the company infringed a VLSI Technology computer chip patent, even as the court vacated a $1.5 billion infringement verdict tied to that patent.
JD Supra Law
FEBRUARY 2, 2024
Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have significant impact on design patent jurisprudence. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
LexBlog IP
FEBRUARY 2, 2024
IPNews® – Muhammad Ali Enterprises has recently filed a trademark opposition against a company that filed a trademark application for G.O.A.T. Greatest of All Time. Muhammad Ali Enterprises is claiming that consumers will be confused between its use of similar trademarks. Complicating matters is that another company, GOAT USA Inc., also filed an opposition and is alleging the same thing.
JD Supra Law
FEBRUARY 2, 2024
As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing.
IP Law 360
FEBRUARY 2, 2024
British American Tobacco and Philip Morris International Inc. said Friday that the companies had come to a settlement resolving multiple heated tobacco and vape patent infringement suits.
JD Supra Law
FEBRUARY 2, 2024
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products, the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press, addressed the interplay between the decision in Jack Daniels and the Rogers test.
Olartemoure Blog
FEBRUARY 2, 2024
The Ministry of Science and the Ministry of Environment have launched the thirty-fourth call for scientific , technological, and innovative projects in the environmental field. This call is focused on water management, environmental equity, and productive transformation. The aim is to build a catalog of projects that meet the territorial demands of the 2023-2024 call plan, targeting alliances of the National System of Science, Technology, and Innovation (SNCTI).
JD Supra Law
FEBRUARY 2, 2024
Recent court decisions have provided helpful guidance on copyright infringement and tattoo designs, an issue that has spurred litigation from both virtual and real-world tattoo depictions.
Olartemoure Blog
FEBRUARY 2, 2024
Last December 12, 2023, Bill 326 of 2022, which amends Law 1480 of 2011 and creates protection measures in favor of e-commerce consumers, was approved in its fourth debate in the plenary session of the House of Representatives. The purpose of these amendments is to adopt measures to protect the guarantees in favor of the e-commerce consumer , including changes in i) the refund of money through the right of withdrawal; ii) the characteristics of the information that must be published on the produ
JD Supra Law
FEBRUARY 2, 2024
In intellectual property news, the US Patent and Trademark Office recently published a patent application filed by Hyundai Motor Company directed to solid-state battery technology. Many industry experts suggest that solid-state batteries could be one of the next big things in the EV industry because of their higher energy density, faster charging capabilities, longer life span, and safety attributes.
Olartemoure Blog
FEBRUARY 2, 2024
The approval of the General Audiovisual Communication Law by the Spanish Congress marks a milestone in regulating the content disseminated by content creators on social media platforms. The legislation imposes significant restrictions on the promotion of health-related products, such as unhealthy foods and harmful items like tobacco, vaping products, and alcoholic beverages.
JD Supra Law
FEBRUARY 2, 2024
As of January 20, 2024, applicants are no longer able to enjoy a 15-day grace period for most response deadlines pertaining to patent applications being pursued in the Chinese National Intellectual Property Administration (CNIPA). This change was announced in Order 769 on December 21, 2023, and took effect on January 20, 2024. CNIPA’s elimination of this grace period is similar to the European Patent Office’s (EPO) recent elimination of its 10-day rule, which we wrote about here.
LexBlog IP
FEBRUARY 2, 2024
As Scott Hervey previously wrote on the IP Law Blog , the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here. Cases Discussed: Jack Daniels Properties v.
JD Supra Law
FEBRUARY 2, 2024
In June 2015, Apple began using the mark APPLE MUSIC for its streaming services and filed a trademark application seeking to register the mark for production and distribution of sound recordings and arranging, organizing, conducting, and presenting live musical performances. Charles Bertini, a professional jazz musician, opposed Apple’s registration, arguing that it would likely cause confusion with his common-law trademark APPLE JAZZ, which he had been using in connection with festivals and.
IP Law 360
FEBRUARY 2, 2024
A Texas law firm says it has standing to bring trademark claims against a legal referral outfit that operated an alleged "click-to-call" scheme that pilfered clients and business from the firm, asking a Texas federal court Thursday not to dismiss claims against the referral company.
JD Supra Law
FEBRUARY 2, 2024
Life sciences companies continue to make up a small portion of the companies registering for Unitary Patents. Per the European Patent Office’s statistics portal, as of January 30, 2024 there have been 18,721 registered Unitary Patents.
Olartemoure Blog
FEBRUARY 2, 2024
The Andean Tribunal of Justice, through prejudicial rulling 135-IP-2020, has established a determinant factor to differentiate between the public communication of a pictorial work in an audiovisual work and its incidental use. This distinction is based on the criterion of purpose, which analyzes whether the work is used to set a scene or if it has an impact on the narrative thread of the story.
JD Supra Law
FEBRUARY 2, 2024
On January 28, 2024 Celltrion announced the submission to the FDA of an aBLA for CT-P47, a proposed biosimilar of Genentech’s Actemra® (tocilizumab). This is the third publicly announced aBLA filing for an Actemra® biosimilar, following Biogen and BioThera’s Tofidence™ (tocilizumab-bavi), approved by the FDA in September 2023, and Fresenius Kabi’s MSB11456 (tocilizumab), accepted by the FDA in August 2022.
Olartemoure Blog
FEBRUARY 2, 2024
The company implemented a scanning system that recorded the activities of its employees in real time, generating indicators on the quality of their activities, productivity, and downtime. The French DPA declared the inactivity measurement system illegal. It considered the system for measuring the speed of the scanner during the storage of objects to be excessive and found the retention of all data and statistics for 31 days to be disproportionate.
JD Supra Law
FEBRUARY 2, 2024
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