IP Watchdog
JUNE 7, 2024
After 25 years of negotiations, representatives from various countries gathered at a diplomatic conference in Geneva, Switzerland, from May 13 to 24, 2024, resulting in the approval of this historic treaty. The main change brought by the treaty is the mandatory disclosure of the origin of genetic resources and associated traditional knowledge in patent applications.
JD Supra Law
JUNE 7, 2024
The impersonation of celebrity voices is nothing new. Almost 40 years ago, Bette Midler successfully sued Ford Motor Company when it used an impersonation of her voice in a car commercial. Singer Tom Waits also won a similar case against Frito-Lay, Inc. and Tracy-Locke, Inc. for impersonating his voice in a commercial. In both of those cases, the companies had found soundalike voice actors to copy the sound of the well-known artists.
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TorrentFreak
JUNE 7, 2024
Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. The group’s actions regularly make it into our headlines, but there is also a lot of work carried out behind the scenes. BREIN has just published its latest annual report, providing insights into the priorities of the organization and the progress being made.
JD Supra Law
JUNE 7, 2024
In trademark law, the general rule is that, where two parties seek to use the same trademark in the same geographic area, the earlier (“senior”) user has rights superior to those of a subsequent (“junior”) user.
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?
TorrentFreak
JUNE 7, 2024
The USTR’s ‘notorious markets’ report is one of the more powerful tools available to rightsholders aiming to tackle infringement orchestrated from overseas. When Hollywood first submitted cyberlocker platform DoodStream for consideration in 2022, its framing was not dissimilar to that used to shape perceptions of Megaupload. Front and center, a cash incentive scheme that rewards DoodStream’s users based on the popularity of ‘their’ videos.
IP and Legal Filings
JUNE 7, 2024
Introduction You may be surprised to hear that courts in many nations only resolve only 5-6% of cases. That is a really startling statistic, and most disagreements are valid, even while it is true that some are dropped because they are not important enough to require court attention. Why could the parties to a disagreement decide against going through the conventional legal process when there are often significant interests and money at stake in these cases?
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
JUNE 7, 2024
Elon Musk “secretly” fathered twins with his subordinate Shivon Zilis. When the news came to light, it triggered a “tabloid feeding frenzy.” US Weekly published two articles on the story and posted to Instagram. Unfortunately, the photo US Weekly used wasn’t of Zilis, it was of the plaintiff Amanda Bloom, a former roommate of Zilis.
JD Supra Law
JUNE 7, 2024
Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI.
Kluwer Copyright Blog
JUNE 7, 2024
Photo by Sara Kurfeß on Unsplash Today marks the fifth anniversary of the entry into force of the Directive on Copyright in the Digital Single Market. It is hard to remember how divisive and controversial the Directive was during its creation. The Directive’s most controversial provision – Article 17 – which brought hundreds of thousands of people onto the streets and millions of voices online to warn of the potential of upload filters to kill the Internet, seems to have faded
JD Supra Law
JUNE 7, 2024
In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its reputation and credibility among members and the public. They help to attract and retain members, sponsors, and partners. A well-designed mark can communicate an association’s values, quality, and reliability.
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.
IP Watchdog
JUNE 7, 2024
This week in Other Barks and Bites: a California district court dismisses a class action copyright lawsuit against Google; an AI lobby group launches a campaign to defend AI against copyright lawsuits; and the National Academy of Inventors announces top 100 universities for granted utility patents.
JD Supra Law
JUNE 7, 2024
In Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals, Inc. 2023-1952 (Fed. Cir. April 11, 2024), this case involves appellate review of a district court’s findings regarding patent obviousness and infringement in Hatch-Waxman litigation. Specifically, the Federal Circuit reviewed the lower court’s obviousness analysis for dosage regimen and polymorph patent claims, as well as its interpretation of ANDA approval resetting provisions.
IP Law 360
JUNE 7, 2024
A company that sells pedicure chairs has reached settlements in litigation accusing a North Carolina nail salon and a Texas spa furniture retailer of using and selling chairs that infringe its patent.
JD Supra Law
JUNE 7, 2024
Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical negotiation is to determine a reasonable royalty upon which both parties would have agreed.
IP Law 360
JUNE 7, 2024
When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.
JD Supra Law
JUNE 7, 2024
The Federal Trade Commission (FTC) recently issued a Final Rule that invalidates non-compete clauses in standard employment agreements. This new regulation, with some limited exceptions, imposes a nationwide and retroactive ban on non-compete clauses. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Law 360
JUNE 7, 2024
U.S. District Judge Alan Albright entered final judgment Thursday affirming a Texas federal jury's finding that microchip maker STMicroelectronics owes the trustees of Purdue University $32.5 million for infringing a semiconductor patent, rejecting the chipmaker's argument that Purdue engaged in inequitable conduct by allegedly hiding prior art.
JD Supra Law
JUNE 7, 2024
Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are at-will employees who can be terminated (or can quit) for any or no reason. They may have an offer letter but no employment agreement.
IP Law 360
JUNE 7, 2024
Following a Federal Circuit remand, patent board judges have changed their position on arguments from Sony to wipe out a patent covering ideas developed by a defunct Silicon Valley chipmaker that would eventually be asserted in a suit almost two decades later targeting a PlayStation video game streaming service.
JD Supra Law
JUNE 7, 2024
Infringement Judgement is Only Final when there’s Nothing Left to Do but Execute - In Packet Intelligence LLC v. Netscout Systems, Inc., Appeal No. 22-2064, the Federal Circuit held that an infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if the litigation has moved to a stage that leaves nothing for the court to do but execute the judgment.
IP Law 360
JUNE 7, 2024
A Texas federal jury has found Thursday that SVV Technology Innovations Inc. is owed $10.3 million by Taiwan's Acer Inc. for infringing patents covering an optical film.
JD Supra Law
JUNE 7, 2024
Partner Andrew Wasson contributed a chapter to the Food & Drug Law Institute’s annual publication identifying the top food and drug cases of the year. Andrew’s chapter relates to the Supreme Court case, Amgen v. Sanofi, 598 U.S. 594, 143 S. Ct. 1243 (2023).This publication is shared with the permission of FDLI.
Selvam & Selvam Blog
JUNE 7, 2024
In a recent ruling dated April 4, 2024, the Madras High Court addressed a significant issue regarding the procedural timelines in patent filings. The appellant, claimed to have invented a system and method for converting waste materials into reusable oil products. He filed a patent application on August 5, 2021. On March 28, 2022, a request for examination was filed.
JD Supra Law
JUNE 7, 2024
Discussions around name, image and likeness (NIL) rights have largely revolved around the rights of college athletes to profit from the use of their NIL. As the profitability of these NIL deals continues to climb, advertisers and sports-adjacent organizations have begun to expand to other levels of sports.
Likelihood of Confusion
JUNE 7, 2024
That’s the Innovative Design Protection and Piracy Prevention Act, back up for another shot at the big leagues. We need more laws right? And just like last year, Susan Scafidi, the original to-die-for fashion-IP blogger, is in favor. And though I haven’t heard from her lately on this, I’m guessing Staci Riordan is still fairly, […] The post IDPPPA ok?
JD Supra Law
JUNE 7, 2024
The recent decision on Hayden vs. 2K Games is a big win for video game publishers. Dive into the fascinating world of copyright disputes over tattoos in video games. Scott Hervey and Jamie Lincenberg from Weintraub Tobin discuss how this case compares to past decisions and what it means for athletes, celebrities, and the video game industry on the latest episode of “The Briefing”.
IP Law 360
JUNE 7, 2024
A Texas company that develops parking enforcement technology is suing a competitor in Colorado federal court, claiming the rival is infringing three of its patents that cover the use of a camera to track vehicles entering and exiting lots, automated fees, and ticketing.
JD Supra Law
JUNE 7, 2024
Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court ended the dispute in Warner Chappell Music, Inc v. Nealy and held a copyright plaintiff may recover all damages flowing from a timely filed infringement claim, even if the infringement occurred more than three years before suit.
IP Law 360
JUNE 7, 2024
A trustee for creditors of ATIF Inc. told the Eleventh Circuit on Friday that a trial judge erred in excluding an expert's $80 million valuation of the bankrupt title insurance underwriter's 2015 transfer of assets to Old Republic National Title Insurance Co.
JD Supra Law
JUNE 7, 2024
The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and using computers to collect, manipulate, and display the data,” and the amended complaint failed to plausibly allege that creating “virtual views” on the fly involved unconventional technology or a concrete application that would transform the abstract idea to significantly more.
IP Law 360
JUNE 7, 2024
The D.C. Circuit on Friday reversed a lower court's decision that had rejected two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law.
JD Supra Law
JUNE 7, 2024
In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a design patent is considered obvious in view of prior art. This decision represents a pivotal change in design patent law, leaving many unanswered questions and requiring strategic adjustments to navigate the new and uncertain landscape effectively.
IP Law 360
JUNE 7, 2024
New York boutique firm Susman Godfrey LLP has persuaded a D.C. federal judge to let the firm out of having to represent patent litigation business Arigna Technology Ltd. following a breakdown in the firm's arrangement with the business's litigation funder.
JD Supra Law
JUNE 7, 2024
A recent case in the Western District of Oklahoma shines a spotlight on the patent danger posed by errors in a terminal disclaimer. In this case, a typographical error in the filed terminal disclaimer rendered an ensuing patent “unenforceable upon issuance,” thereby causing the related patent infringement claims to be dismissed.
CoCal IP Law Institute
JUNE 7, 2024
Federal Circuit Dismantles “Rigid” Rosen-Durling Test for Design Patent Obviousness in light of KSR; USPTO Promptly Issues New Guidance On February 5, 2024, the Federal Circuit sat en banc to hear oral arguments in a closely watched case concerning design patent obviousness standards in a dispute between LKQ (an aftermarket auto-parts provider), and General Motors [.
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