JD Supra Law
AUGUST 16, 2024
The U.S. Patent and Trademark Office (USPTO) has updated its patent subject-matter eligibility guidance to address inventions involving artificial intelligence (AI). Our Intellectual Property Team examines how the revised guidance will impact AI patent strategies.
TorrentFreak
AUGUST 16, 2024
After filing copyright lawsuits against early peer-to-peer file sharing services and emerging mostly victorious, the global music industry found that any depressant effect, on pirate content availability and consumption, was insufficient. Content was soon being consumed by an expanding pool of internet users, and relentless demand was met being met by increased availability and supply.
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JD Supra Law
AUGUST 16, 2024
Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in connection with the provision of services.
IP Law 360
AUGUST 16, 2024
Car dealerships sought preliminary approval Friday for a $100 million class action settlement resolving claims that auto dealer data management software giant CDK Global anticompetitively locked out rival data companies, adding to the $29.5 million agreement reached previously in the sprawling litigation with CDK peer Reynolds and Reynolds.
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
AUGUST 16, 2024
Widening discussions on the seemingly limitless potential of AI suggest profound implications for most jobs in the future. Of those with the greatest chance of surviving the AI revolution, fighting crime online must be one of the stronger candidates. With piracy close to ubiquitous, work opportunities exist, to put it mildly. The realm of content protection may yet have an AI savior waiting in the wings, but until a model can accurately determine fair use and conduct complex, error-free investig
IP Law 360
AUGUST 16, 2024
In its recent Loper Bright, Corner Post and Jakesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
AUGUST 16, 2024
On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an injunction as to the plaintiff only. Like the Texas federal court in Ryan, the court declined to grant a nationwide injunction.
SpicyIP
AUGUST 16, 2024
On 23 July 2024, the Supreme Court (SC) delivered a split verdict on the commercial sale of Genetically Modified Mustard (GM Mustard) in India in the case of Gene Campaign vs. Union of India and Others. A Division Bench (DB) comprising Justice BV Nagarathna and Justice Sanjay Karol issued two separate judgments. Justice BV Nagarathna quashed the approval granted by the Genetic Engineering Appraisal Committee (GEAC) and the Ministry of Environment, Forests and Climate Change (MoEFCC), while Just
JD Supra Law
AUGUST 16, 2024
Our newsletter reflects the focus of Akin’s cross-practice autonomous systems and advanced mobility team on developments in the regulatory, policy, trade, intellectual property, and cybersecurity and privacy spaces. Autonomous Akin brings you the latest news and developments so that you can keep a pulse on what is happening in government and industry that is impactful for your business.
The TTABlog
AUGUST 16, 2024
A TTAB judge (now retired) once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the involved marks and the goods/services. Here are three recent TTAB decisions in Section 2(d) appeals. How do you think they came out? [Answers in first comment.] In re Parklife Innovations Ltd. , Serial No. 88413981 (August 9, 2024) [not precedential] (Opinion by Judge Mary Beth Myles) [Section 2(d) refusal of the mark BAZOOKAGOAL for "sports training apparat
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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
AUGUST 16, 2024
On August 13, 2024, the U.S. Court of Appeals for the Federal Circuit issued a welcomed decision to patentees in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061 (Fed. Cir. 2024) clarifying the scope of obviousness-type double patenting (ODP) in the aftermath of its In re Cellect, LLC, 81 F.4th 1216 (Fed. Cir. 2023) decision last year.
IP Watchdog
AUGUST 16, 2024
This week in Other Barks & Bites: The U.S. Department of Justice (DOJ) considers breaking off parts of Google after it was ruled to be a monopoly; Cox Communications asks the Supreme Court to take on $1 billion copyright infringement case; and Amgen sues Samsung for patent infringement of bone disease drugs.
JD Supra Law
AUGUST 16, 2024
Not everything can be protected as a trademark. Certain types of material are specifically excluded from trademark protection under U.S. law. As a startup founder, it’s crucial to understand what cannot be registered as a trademark to avoid potential rejections and legal challenges. This article will highlight key categories of non-registrable material to avoid.
IP Law 360
AUGUST 16, 2024
A recent Federal Circuit decision finding patent claims licensed by Allergan were not invalid for obviousness-type double patenting provided relief to attorneys who were concerned the court had made it easier to invalidate patents that had extended expiration dates to make up for regulatory delays.
JD Supra Law
AUGUST 16, 2024
Find out why Gabby's Table was denied registration in a major Trademark decision that impacts affiliate marketing. Weintraub attorneys Scott Hervey and Jamie Lincenberg break down what this means for your business in this episode of “The Briefing.”.
IP Law 360
AUGUST 16, 2024
Farmers Insurance on Friday filed a lawsuit in Colorado federal court accusing two of its former agents of walking away from the company with trade secrets to divert customers to their own agency with a third former Farmers agent.
JD Supra Law
AUGUST 16, 2024
The US Patent and Trademark Office is requesting public feedback on the current experimental use exception’s impact on technology sectors—and the public’s appetite for expanding the exception.
IP Law 360
AUGUST 16, 2024
The Second Circuit on Friday said a Manhattan federal judge wrongly dismissed a photography studio's copyright complaint as time-barred by concluding that a "sophisticated plaintiff" such as the studio could avail itself of the discovery rule, a judicial doctrine holding that copyright claims accrue when an alleged infringement is discovered.
JD Supra Law
AUGUST 16, 2024
On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims can be invalidated based on the on-sale bar if products made using the patented process were sold more than one year before the effective filing date of the asserted patents.
IP Law 360
AUGUST 16, 2024
The Federal Circuit on Friday told the Patent Trial and Appeal Board to take another look at a ruling upholding language in a network security technology patent at the heart of Cisco Systems Inc.'s fight with a litigation outfit.
JD Supra Law
AUGUST 16, 2024
In a tIPsheet article titled “SCOTUS rules Lanham Act does not have extraterritorial reach” published on July 20, 2023, we discussed Abitron Austria GmbH v. Hetronic Int’l, Inc., 600 U.S. 412 (2023), a U.S. Supreme Court case that originated out of the U.S. District Court for the Western District of Oklahoma.
IP Law 360
AUGUST 16, 2024
U.S. Well Services LLC and Halliburton Energy Services Inc. have agreed to a settlement in principle to resolve their long-running patent infringement dispute, which has seen several patents invalidated, according to a joint motion the parties filed after a jury cleared U.S. Well of infringing three still-registered Halliburton patents.
JD Supra Law
AUGUST 16, 2024
As part of a push to increase competition and lower drug prices, the U.S. Senate recently passed a bill that limits the number of patents that can be asserted in biosimilar litigation. The Affordable Prescriptions for Patients Act of 2023 (S.150) mandates that a maximum of 20 patents — with some exceptions — can be asserted against a biosimilar competitor in a Biologics Price Competition and Innovation Act (BPCIA) action.
IP Law 360
AUGUST 16, 2024
A California federal judge approved $117 million in prejudgment interest for an Austrian inventor's company on top of the $262 million royalty verdict in its favor against hard drive maker Western Digital Technologies Inc., ruling that the interest "does not amount to a windfall or a punitive award.
JD Supra Law
AUGUST 16, 2024
The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending applications for registration to utilize a simplified and streamlined procedure for obtaining trademark protection in many foreign jurisdictions.
IP Law 360
AUGUST 16, 2024
Artificial intelligence company Anthropic has asked a California federal court to toss the bulk of a copyright suit from several music publishers that allege their song lyrics were ripped off to train Anthropic's chatbot Claude, arguing among other things that the plaintiffs have not shown any infringing acts by Claude users.
JD Supra Law
AUGUST 16, 2024
The Affordable Prescriptions for Patients Act (APPA) of 2023 unanimously passed the Senate on July 11, 2024. The APPA was first introduced to the House on January 30, 2023 by Representative John Cornyn (R-Tx), with the aim of reducing drug prices. The APPA would revise certain provisions of 35 U.S.C. § 271(e) to limit the number of patents a drug manufacturer can assert in a patent infringement lawsuit against biosimilars and generics companies.
IP Law 360
AUGUST 16, 2024
A Michigan federal judge refused to increase a California tech company's $350,000 jury award to $15 million in a dispute over Ford Motor Co.'s misuse of an interface module, finding that the parties' agreement to Ford's sales numbers at trial barred him from changing the jury's decision.
JD Supra Law
AUGUST 16, 2024
Many life sciences stakeholders are familiar with “traditional” designation programs operated by the Food and Drug Administration (FDA) in exercising its medical product authorities, such as the orphan drug designation and breakthrough therapy/breakthrough device designation programs.
IP Law 360
AUGUST 16, 2024
Apple wants to speed up its appeal over a U.S. International Trade Commission patent ruling that forced the company to disable an Apple Watch feature that measures the oxygen in blood, but both its courthouse rival and the agency itself say there's no compelling reason to cut in line.
JD Supra Law
AUGUST 16, 2024
Zealous advocacy is a hallmark of adversarial proceedings, whether in district court or before the USPTO, where the opportunities for such advocacy have multiplied with the establishment by the Leahy-Smith America Invents Act of inter partes review or IPRs (and to a lesser extent post-grant review or PGRs). .
IP Law 360
AUGUST 16, 2024
A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.
JD Supra Law
AUGUST 16, 2024
There have been several recent developments in the PTAB with respect to Regeneron’s aflibercept-dosing patents. On July 8, Regeneron voluntarily dismissed its appeals to the Federal Circuit (Case Nos. 2023-1395 and 2023-1396) of six IPR final written decisions, finding claims of U.S. Patent Nos. 9,669,069 and 9,254,338 unpatentable.
IP Law 360
AUGUST 16, 2024
Attorneys for lead plaintiffs in a shareholder class action against Pegasystems are seeking $10.5 million in attorney fees from the $35 million settlement that ended claims that the software company failed to properly disclose a rival's trade secret litigation that led to a since-vacated $2 billion verdict.
JD Supra Law
AUGUST 16, 2024
On August 8, 2024, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued his much anticipated and long-awaited opinion in the U.S. Department of Justice's (DOJ) case challenging Google's alleged dominance in online search markets.
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