Plagiarism Today
SEPTEMBER 18, 2023
Bill Willingham, the creator of the Fables, says he has placed the universe in the public domain. However, it's not that simple. The post Why Fables is NOT Public Domain (Yet) appeared first on Plagiarism Today.
IP Watchdog
SEPTEMBER 18, 2023
Judge Pauline Newman, who is currently in the midst of a very public fight with the Chief Judge of her court, received two lengthy standing ovations at IPWatchdog LIVE on Monday as she accepted her induction into the IPWatchdog Masters Hall of Fame, and also presented the inaugural Pauline Newman Award to Henry Hadad of Bristol-Myers Squibb. Newman had a message for those in attendance that hinted at the need for a possible “major upheaval” of the judicial system for IP rights.
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Plagiarism Today
SEPTEMBER 18, 2023
ResearchGate settles lawsuit with publishers, settlement demand letters come to Canada and PayDay 3 drops Denuvo DRM. The post 3 Count: ResearchGate Settlement appeared first on Plagiarism Today.
TorrentFreak
SEPTEMBER 18, 2023
Danish law enforcement authorities have worked hard to shut down the thriving local torrent tracker scene. It started in September and October 2020 when DanishBits and NordicBits went offline after their alleged operators were identified and arrested. The shutdown of these sites was a major blow to the local piracy ecosystem, but it didn’t take long before other sites stepped up.
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?
Patently-O
SEPTEMBER 18, 2023
by Dennis Crouch A number of petitions are pending before the Supreme Court raising interesting patent issues, although none have been granted certiorari thus far. Leading Eligibility Case : In next week’s long conference (Sept 26), the court will consider what I see as the current leading case of CareDx Inc. v. Natera, Inc. , No. 22-1066. The case focuses on the question of whether the patent covering a new biologic diagnostic method was properly invalidated as directed to a natural pheno
SpicyIP
SEPTEMBER 18, 2023
We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Roshan is a practising counsel, who has been practising for the last 12 years before the Supreme Court and the Delhi High Court. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
SEPTEMBER 18, 2023
Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place Changing substantive safeguards through procedural amendments.
Technology & Marketing Law Blog
SEPTEMBER 18, 2023
This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants run a call-center service that attracts prospective legal clients and then makes compensated referrals of the prospective clients to lawyers. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to.
IP and Legal Filings
SEPTEMBER 18, 2023
Introduction The Global Financial Crisis of 2008 marks the genesis of the Fintech Revolution wherein the Banking and Finance sectors witnessed a colossal upsurge in Financial Technology and the Firms which deliver such services were titled as ‘Fintechs’. Even though Fintech seems to be a contemporary notion, however, itsinitiation dates back to 1950s, when credit cards were introduced, which gave birth to the‘cashless concept’.
Michael Geist
SEPTEMBER 18, 2023
The Law Bytes podcast is back after a brief break, and with it, talk about the Online News Act or Bill C-18. All news – both Canadian and foreign – is blocked on Facebook and Instagram in response to Bill C-18 and the reports suggest that the move has had no real impact in use of the platform. Where it has had an impact, however, is on news outlets themselves, many of whom have experienced significant reductions in referral traffic, which invariably leads to less revenues.
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 18, 2023
Intellectual property (IP) cases are intricate, highly confidential, massive undertakings. They often involve high-profile parties, source code and international depositions. This means you need a court reporting agency with solid IP experience. You want a court reporting team equipped to handle multiple tracks, next-day rushes, strict confidentiality, cutting-edge technology and it would be great if they have reporters, videographers and interpreters worldwide.
The TTABlog
SEPTEMBER 18, 2023
The rate of affirmance for Section 2(d) refusals is running at 85% or so this year. That's about 5% lower than usual. Here are three recent TTAB decisions. How do you think they came out? In re Pour Moi Limited , Serial No. 79318691 (September 7, 2023) [not precedential] (Opinion by Judge Jennifer E. Elgin). [Section 2(d) refusal of POUR MOI for various clothing items in view of the identical mark registered for "Non-medicated skin care preparations and cosmetics for the face and body.
JD Supra Law
SEPTEMBER 18, 2023
This week, the Ninth Circuit considers personal jurisdiction in a trademark declaratory judgment action and assesses an agency’s decision to omit an environmental-impact statement in connection with a forest-fire-management project.
Corsearch
SEPTEMBER 18, 2023
Discover the place where creativity meets compliance and harness the power of ChatGPT and TrademarkNow in generating unique brand and product names and taglines with ease. We are excited to introduce Name Generator, a groundbreaking new tool on the TrademarkNow platform, designed to revolutionize how businesses create and clear brand names for trademark use.
JD Supra Law
SEPTEMBER 18, 2023
Recently, the Federal Circuit addressed a significant issue of first impression with respect to obviousness-type double patenting (ODP), holding that ODP applies to patent claims that claim priority to the same application and have different expiration dates due only to patent term adjustment (PTA).
IP Watchdog
SEPTEMBER 18, 2023
This week in Washington IP news, the House IP Subcommittee evaluates IP competition with China, and the House Space Committee reviews one year of the CHIPS and Science Act. Elsewhere, the 78th UN General Assembly holds a high-level meeting on pandemic preparedness and vaccine patents.
JD Supra Law
SEPTEMBER 18, 2023
The Federal Circuit has ruled that when members of a patent family have different expiration dates due to patent term adjustments (PTAs), the earlier-expiring patent family members can be used as a basis for an Obviousness-Type Double Patenting (ODP) invalidity challenge against the later-expiring family members.
43(B)log
SEPTEMBER 18, 2023
From my spouse: Renault's new Rafale is named for a Renault plane and promoted with images/the story of Hélène Boucher, who died flying it. False advertising? Any other concerns?
JD Supra Law
SEPTEMBER 18, 2023
Case Name: Amgen Inc. v. Sandoz Inc., Nos. 2022-1147, 2022-1149, 2022-1150, 2022-1151, 2023 WL 2994166 (Fed. Cir. Apr. 19, 2023) (Circuit Judges Lourie, Cunningham, and Stark presiding; Opinion by Lourie, J.) (Appeal from D.N.J., Shipp, J.).
LexBlog IP
SEPTEMBER 18, 2023
Figure 1: The Work titled “A Recent Entrance to Paradise,” created autonomously by the “Creativity Machine.
JD Supra Law
SEPTEMBER 18, 2023
If you’ve ever wondered how they keep implanted medical devices from becoming dead weight when the batteries run out, this recent Federal Circuit decision addresses one solution—wireless charging through the skin! It also sheds light on a petitioner’s options when the Patent Trial and Appeal Board adopts a patent owner’s new claim construction after institution.
Bio Law Blog
SEPTEMBER 18, 2023
On Sept. 14, 2023, the U.S. District Court for the District of Delaware denied defendant Parse Biosciences Inc.’s (Parse) motion to dismiss a complaint filed by plaintiffs 10x Genomics Inc. (10x) and the Board of Trustees of Leland Stanford Junior University (Stanford) asserting willful infringement of six patents covering technologies in the field of genomics. 10x is based in Pleasanton, CA, and asserts that it has invested more than $1 billion in research and development to invent its ge
JD Supra Law
SEPTEMBER 18, 2023
It is common in commercial litigation for a company to offer an employee as a witness to testify about the design, capabilities and features of the company’s products or services. Usually, such a witness testifies as a fact witness offering testimony based on his or her personal knowledge under Fed. R. Evid. 602, rather than as an expert witness offering opinion testimony under Fed.
LexBlog IP
SEPTEMBER 18, 2023
Dubai’s luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. This escalation in demand for high-end properties is emphasized by a multifaceted legal framework that ensures transparency, safeguards investments, and promotes responsible real estate transactions.
JD Supra Law
SEPTEMBER 18, 2023
On remand from the Federal Circuit following an appeal and petition for cert to the Supreme Court, the District of Delaware considered whether the claims remaining in dispute in American Axle v. Neapco were invalid for failing to claim patent eligible subject matter. In this latest iteration, the district court found, as a matter of….
LexBlog IP
SEPTEMBER 18, 2023
Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services. Home Chef began using its HC Home Mark and Home Chef Home Logo (collectively, the “HC Marks”) in 2014 in connection with meal preparation kits. Grubhub, a popular food-ordering and delivery service, merged with Netherlands-based Just Eat Takeaway.com (“JET”) in 2021 and incorporated the JET House Mark with the GRUBHUB name: Home Che
JD Supra Law
SEPTEMBER 18, 2023
As announced in a September 14, 2023, press release, the FTC has issued a policy statement “warning pharmaceutical companies that make and sell brand-name drugs that they could face legal action if they improperly list patents in the FDA’s [Orange Book].” The policy statement builds on the premise that “[b]rand drug manufacturers may be harming generic competition through the improper listing of patents” in the Orange Book, and warns that the “FTC intends to use its full legal authority to.
IP Watchdog
SEPTEMBER 18, 2023
On day two of IPWatchdog LIVE, J. John Lee, Chief Counsel for Intellectual Property for the U.S. House of Representatives, Committee on the Judiciary, told those who are skeptical of the chances for Senators’ Tillis and Coons’ Patent Eligibility Restoration Act (PERA) to move forward that a House version of the bill is likely to be introduced in the near future.
JD Supra Law
SEPTEMBER 18, 2023
The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This periodic digest is designed to keep you up-to-date by highlighting interesting PTAB, district court, and Federal Circuit decisions relating to emerging post-grant issues.
Biswajit Sarkar Copyright Blog
SEPTEMBER 18, 2023
A design is that aspect of a product that constitutes its ornamental or visual features. It plays a crucial role in distinguishing a product from others in trade and depending on how appealing it is, increases business output for the person who is engaged in the manufacture, distribution and selling of the product. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it
JD Supra Law
SEPTEMBER 18, 2023
In February 2023, T-Mobile USA, Inc. (“T-Mobile”) filed petitions requesting four inter partes reviews (“the T-Mobile IPRs”)—two of which challenged U.S. Patent No. 8,630,234 and two of which challenged U.S. Patent No. 10,880,721 with joinder motions. Previously in June of 2022, T-Mobile had filed four separate petitions challenging the same patents on different prior art.
Velocity of Content
SEPTEMBER 18, 2023
A new generation of research assistants has arrived at universities in the US, UK, and elsewhere. They are at work in classrooms and administrative offices, helping to prepare instruction and guidance for new and returning students. This year’s corps of research assistants perform their tasks for professors and deans around the clock, but you wouldn’t notice them on campus.
JD Supra Law
SEPTEMBER 18, 2023
The Federal Circuit just rendered a decision In re Cellect, LLC, Case Nos. 2022-1293; -1294; -1295; -1296 (Fed. Cir. Aug. 28, 2023), which raises potential validity issues where multiple patents by the same Applicant have claims covering overlapping inventions and expire at different times due to patent term adjustment (PTA).
IP Law 360
SEPTEMBER 18, 2023
The patent board has gutted most of the claims in a pair of patents owned by a small South Carolina company that is trying to bring an infringement lawsuit against Walmart and a former General Electric subsidiary.
JD Supra Law
SEPTEMBER 18, 2023
On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement.
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