Fri.Jan 03, 2025

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SpicyIP Tidbit: Revisiting Trade Secrets in the Light of The Delhi High Court’s Decision in the Navigators Logistics Case

SpicyIP

Image by storyset on Freepik [ This post has been authored by SpicyIP intern Kaustubh Chakrabarti. Kaustubh is a second year BA.LLB. (Hons.) student at Hidayatullah National Law University, Raipur. ] Recently, a division bench of the Delhi High Court in Navigators Logistics Ltd vs Kashif Qureshi has provided relief to an appellant whose plaint application was rejected by a single judge bench back in 2018.

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Manga Publisher Shueisha Wants X to Expose ‘One Piece’ Pirates

TorrentFreak

Japanese manga comics have always been popular on pirate sites, whereas other categories have seen their growth stall. In contrast, manga piracy continues to grow. This unauthorized activity is a thorn in the side of publishers, who are increasingly fighting back against this piracy activity, wherever it takes place in the world. Japans largest publisher Shueisha has taken a variety of legal actions, also in U.S. courts.

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Sedlik v. Kat Von D Appeal Prompts Copyright Critics to Weigh In

The Illusion of More

One might expect a 140-year history of Supreme Court precedent would have led to a grant of summary judgment below, sparing everyone unnecessary time and money, states the brief for Jeffrey Sedlik to the Ninth Circuit Court of Appeals. Copyright infringement should have been decided by the district court as a matter of law, not […] The post Sedlik v.

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Dirty Data Damaging Deals – Data Issues in AI M&A

JD Supra Law

2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of data in the development and commercialization of AI products, applying existing rules and developing new approaches to the new technology.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Tetra Laval’s 3D shape mark not exclusively functional, rules EUIPO Board of Appeal (and, no, it’s not automatically bad faith to seek longer IP protection for a successful product)

The IPKat

Would you say that the circumstance that a container for liquids was protected by a patent disqualifies that same container from being also protected as a shape mark due to the application of the technical functionality absolute ground in Article 7(1)(e)(ii) EUTMR ? And is it bad faith to try and get a trade mark for the shape of that patented invention?

IP 68
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2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

JD Supra Law

In 2024, Seyfarths Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on.

More Trending

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Three Legal Mistakes Influencers Make and How to Avoid Them

JD Supra Law

In the rapidly evolving world of social media marketing, content creators are an invaluable asset for brands seeking to reach a larger audience. Influencers effectively assist brands in showcasing brand values, gaining exposure, building trust, and ultimately generating sales.

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Netgear, Huawei Settle Calif. RICO Suit Over Wi-Fi SEPs

IP Law 360

Netgear and Huawei informed a California federal judge Friday that they have resolved their racketeering dispute and asked for a 30-day stay to finalize their deal, weeks after Netgear sought to block Huawei from seeking injunctions through patent actions pending in foreign courts and a German court found Netgear infringed Huawei's Wi-Fi patents.

Patent 52
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Gedeon Richter and Hikma’s aBLA for Proposed Prolia® / Xgeva® (denosumab) Biosimilar RGB-14 Accepted by FDA

JD Supra Law

On December 12, 2024, Gedeon Richter and Hikma announced the FDA acceptance of their aBLA for RGB-14 (denosumab), a proposed biosimilar of Amgens Prolia / Xgeva (denosumab).

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Anthropic Will Guard Against Lyric Infringement During Suit

IP Law 360

Artificial intelligence company Anthropic has agreed to a partial injunction while fighting music publishers' copyright infringement claims in California federal court, promising to maintain guardrails that prevent its chatbot Claude from reproducing protected lyrics.

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IPO Diversity in Innovation Toolkit

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.

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Is 2025 the Year that the International Trade Commission Gives Guidance on Standard Essential Patents?

JD Supra Law

A big question when it comes to fair, reasonable and non-discriminatory (FRAND/RAND) defenses for standard essential patents (SEPs) is whether and when a court should issue an injunction. One jurisdiction that may provide an answer is the International Trade Commission (ITC), a forum that regularly reviews these types of disputes and issues exclusion orders as a primary remedy.

Patent 67
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Aetna Says Takeda Inked Deal To Block Generics, Keep Profits

IP Law 360

Takeda Pharmaceuticals struck an anticompetitive deal with Par Pharmaceutical to keep a cheaper, generic version of its anticonstipation drug Amitiza off the market after the drug's compound patent expired, Aetna claimed Friday in a Massachusetts lawsuit, with the insurer alleging it overpaid millions of dollars for the brand name drug.

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Teva v. Amneal Ruling Interprets Orange Book Listing Statute, Affirms Delisting of Device Patents

JD Supra Law

On December 20, 2024, the US Court of Appeals for the Federal Circuit released its opinion in Teva Branded Pharm. Prods. R&D, Inc. v. Amneal Pharms. of N.Y., LLC, affirming a lower court decision that Teva must delist five patents from the US Food and Drug Administration (FDA) Orange Book that claim inhalers for metered dose inhalation but do not recite the active ingredient within Tevas FDA-approved ProAir HFA Inhalation Aerosol, albuterol sulfate.

Patent 67
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Natera Loses New Trial Bid After Winning $96M Patent Verdict

IP Law 360

A Delaware federal judge denied Natera's bid for a new trial in a case where a jury awarded the DNA test company $96 million in damages after finding rival CareDx stole from one of its patents but didn't infringe a second patent, saying Friday that sufficient evidence backed the verdict.

Patent 52
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[Video] The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)

JD Supra Law

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance, discover the essentials for protecting your brand in the digital age on this archive episode of The Briefing.

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Ex-Locke Lord IP Pros To Build Buchanan Chicago Office

IP Law 360

More than a dozen intellectual property pros from Locke Lord LLP, which officially merged with Troutman Pepper on Wednesday, are moving over to Buchanan Ingersoll & Rooney PC, and most of them are going to be part of launching the firm's new office in Chicago.

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[Audio] (Podcast) The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)

JD Supra Law

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance, discover the essentials for protecting your brand in the digital age on this archive episode of The Briefing.

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Vizgen Loses Antitrust Claims Against 10x In Biotech IP Fight

IP Law 360

A Delaware federal court on Friday dropped Harvard's business partners at 10x Genomics Inc. out of some of the antitrust counterclaims by a rival biotech developer that is targeted in a patent lawsuit set for trial next month.

IP 52
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[Audio] Recognizing and Avoiding Trademark Scams and Hoaxes

JD Supra Law

In this episode of IP Goes Pop!, hosts Michael Snyder and Joseph Gushue are joined by Jason Lott, Managing Attorney for Trademark Customer Outreach at the US Patent and Trademark Office (USPTO), to explore the evolving landscape of trademark scams in the digital age. Known for his extensive expertise, Jason shares valuable insights into how scammers operate and practical tips to stay protected.

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Pool Co. Denied New Trial On TM Claims After Winning $16M

IP Law 360

A North Carolina pool parts supplier can't retry trademark infringement claims after securing a $16 million false advertising and unfair business practices judgment against a rival Chinese company accused of misleading customers, a federal judge ruled this week.

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Third Party IPRs Sway District Court’s Prevailing Party and Costs Rulings

JD Supra Law

Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiffs Motion to be Confirmed as the Prevailing Party under Fed. R. Civ. P. 54(d) and for Taxable Costs. Packet Intelligence L.L.C. v. Netscout Sys., Inc., No. 2:16-CV-00230, 2024 WL 4505457 (E.D.

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Florida Sports Blog Hit With Copyright Case

IP Law 360

A Boca Raton, Florida-based sports blog is facing a copyright case from a New York photographer after including an image in a post about the history of the Sports Illustrated brand.

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Magpul Sues Elite Tactical Systems over Alleged Patent Infringement Over Polymer Ammo Magazines

Indiana Intellectual Property Law

Magpul Sues Elite Tactical Systems over Alleged Patent Infringement Over Polymer Ammo Magazines Magpul Industries Corporation has filed a patent infringement lawsuit against fellow firearm accessories manufacturer Elite Tactical Systems Group, LLC. The plaintiff alleges that the defendant has infringed upon U.S. Patents Nos. 8,991,086 and 9,746,264.

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TTAB Rejects Watchmaker's Design Registration Bids

IP Law 360

The Trademark Trial and Appeal Board has shot down an attempt by Audemars Piguet Holding to register a pair of watch design configurations, saying an examiner was right to reject the watchmaker's bids based on the application's drawings.

Designs 52
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Recent Ethics Opinions by the State Bar Board of Trustees

CoCal IP Law Institute

Please join us Monday, January 6, 2025 where we will review two recent ethics decisions published by the State Bar Board of Trustees. The first case (available here) deals with the issue of what are a lawyers ethical obligations to engage in succession planning? The second case (available here) deals with the issue of What [.

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Justices Urged To Review Late-Found Fraud, Int'l IP Damages

IP Law 360

The winner of a $6.6 million patent infringement verdict is asking the U.S. Supreme Court to review the Federal Circuit's refusal to increase those damages, saying the court set an improper standard for introducing fraud evidence discovered post-trial and overstepped when making unbriefed decisions on foreign damages.

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Federal Circuit Internal Debate over Reversal versus Vacatur

Patently-O

by Dennis Crouch Yesterday, the Federal Circuit issued a divided opinion in Honeywell International Inc. v. 3G Licensing, S.A. , No. 2023-1354 (Fed. Cir. Jan. 2, 2025), highlighting key disagreements about the proper role of appellate courts in reviewing Patent Trial and Appeal Board (PTAB) decisions. The case appears to also foreshadow an internal fight over the exclusion of expert testimony that is currently pending en banc in EcoFactor v.

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Battling Berts: Judge Enjoins Ga. Law Firm In Trademark Row

IP Law 360

A Georgia federal judge Friday temporarily barred an Atlanta-based law firm from advertising and promoting its personal injury legal services through messaging like"If You're Hurt. Call Bert!" and "If You're Hurt, Call Bert,"ruling that it is too similar to another personal injury firm's trademarked slogan.

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Now, there’s a business method they ought to patent

Likelihood of Confusion

Originally posted 2012-07-09 13:55:36. Republished by Blog Post PromoterPatently-O: If you are not satisfied reading this free version of Patently-O, you can now get the same content through LexisNexis for a fee. Hey, wait a minute. There’s a catch, right? Yeah — Lexis is stripping the user comments. Hm — vindication? The post Now, there’s a business method they ought to patent appeared first on LIKELIHOOD OF CONFUSION.

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Fed. Circ. Upholds Cancellation Of TMs On Pink Hip Implants

IP Law 360

The Federal Circuit on Friday said a trademark panel correctly canceled a German medical supplier's trade dress protections for the color pink in a hip joint implant part because the color is functional, citing the company's previous patents and public statements to support that conclusion.

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TTABlog Quarterly Index: October - December 2024

The TTABlog

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. Section 2(d) - Likelihood of Confusion: TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Turn Out?

Designs 59
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Motorola's DOJ, Media Comms Off Limits In Hytera Theft Trial

IP Law 360

Motorola Solutions doesn't have to give Hytera years of communications with the U.S. Department of Justice and members of the media as the Chinese radio maker gears up to defend criminal trade secret theft charges at trial, an Illinois federal judge has ruled.

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How The UPC, ITC Complement Each Other In Patent Law

IP Law 360

Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.

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Pfizer Partner Targets GSK In COVID Vax Patent Suit

IP Law 360

A drug developer that Pfizer and BioNTech partnered with to develop their COVID-19 vaccine has opened up another legal front in a dispute over allegations that the Pfizer vaccine infringes patents issued to U.K. drugmaker GlaxoSmithKline.

Patent 52
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Mich. Law Firm Urges Dismissal Of Insurer's Defamation Suit

IP Law 360

A Michigan personal injury attorney and his firm are urging a federal judge to toss a defamation lawsuit accusing them of launching a smear campaign against an auto insurance company, arguing opinion pieces they published on the firm's blog are protected by the First Amendment.

Law 52