Fri.Mar 14, 2025

article thumbnail

IP Myths vs. Reality: What You Don’t Know Could Cost You

JD Supra Law

Intellectual property (IP) is often misunderstood, leading to costly mistakes for businesses and individuals alike. Many assume that once they create something, they automatically own the rights everywhere, or that patents and trademarks offer blanket protection. In reality, IP is a complex legal landscape governed by factors like value, ownership, jurisdiction and timing.

IP 73
article thumbnail

Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case

SpicyIP

Who doesnt love burgers? While burgers in the trademark case Burger King Co. v Anahita & Shapoor Irani excite us for the spicy IP discussions involved, courts in India also seem to express their love for whoppers by taking more than 14 years to settle the dispute. Last week, the Supreme Court bench comprising Honble Justices BV Nagarathna and SC Sharma stayed an order of the Bombay High Court restraining a Pune-based eatery named Burger King (petitioner) from using its tradename, on a suit f

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Precedent: The Federal Circuit Remands and Reassigns District Court Patent Infringement Case to a New Judge

JD Supra Law

In this edition of The Precedent, we outline the decision in Trudell Medical International Inc. v. D R Burton Healthcare LLC. The U.S. Court of Appeals for the Federal Circuit recently affirmed in part, reversed in part and remanded a district courts decision, finding errors in the admission of noninfringement testimony and denial of a new trial on infringement, while upholding the denial for judgment as a matter of law (JMOL) on infringement, and ordering a new trial before a different.

article thumbnail

Design-Around Victory: Amgen’s Self-Buffering Innovation Regeneron’s Claims

Patently-O

By Dennis Crouch The Federal Circuit has affirmed the denial of a preliminary injunction against Amgen's biosimilar version of Regeneron's blockbuster drug EYLEA (aflibercept). Regeneron Pharms., Inc. v. Mylan Pharms. Inc. , No. 2024-2351 (Fed. Cir. Mar. 14, 2025) (Lourie, J.). This latest ruling stands in contrast to the court's January 2025 decisions upholding preliminary injunctions against Samsung Bioepis and Formycon, effectively blocking their biosimilar launches.

Design 40
article thumbnail

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?

article thumbnail

The Precedent: Federal Circuit Emphasizes that Dollar Amount Spent is Not Determinative of § 337’s Domestic Industry Requirement in Wuhan Healthgen Biotechnology Corp. v. Int’l Trade Comm’n

JD Supra Law

In this edition of The Precedent, we outline the decision in Wuhan Healthgen Biotechnology Corp. v. Intl Trade Commn. The United States Court of Appeals for the Federal Circuit recently emphasized that Section 337s domestic industry requirement does not focus on the dollar amount a patent holder spends on industry investments but rather the nature of such investments and their relation to the industry within the United States.

Editing 70
article thumbnail

Sensor Tech Co. Sees PTAB Ax 2 Patents, Uphold Another

IP Law 360

A Chinese company has swayed patent board judges to invalidate all the challenged claims in two patents covering real-time "camera-like" mapping technology but the board upheld claims in a third patent developed by San Francisco-based sensor technology rival Ouster.

Patent 52

More Trending

article thumbnail

Ex-Mich. Players Defend $50M NIL Suit Against NCAA, Big Ten

IP Law 360

Former University of Michigan football players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called "premature" dismissal bids from the NCAA and Big Ten Network.

52
article thumbnail

UK Court of Appeal Provides Guidance on Interim Licenses in Latest FRAND Dispute

JD Supra Law

The United Kingdom's Court of Appeal has issued an important decision on the principles governing the grant of interim licenses in standard essential patent ("SEP") disputes.

article thumbnail

Ford Bronco TM Suit Looks Under Hood Of Vintage Market

IP Law 360

Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.

article thumbnail

Design Disputes: Unraveling the Tapestry of Legal Trends for Litigation in the Furniture and Design Worlds

JD Supra Law

In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers attention is increasingly divided, legal disputes are increasingly common.

Design 70
article thumbnail

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.

article thumbnail

'Final Fantasy' Maker Says Rival Created Copycat Game

IP Law 360

Square Enix, the creator behind Final Fantasy, sued a Chinese company in Washington federal court for allegedly releasing an infringing role-playing video game that uses substantial elements of Square Enix's Front Mission 2089: Borderscape, including characters, game mechanics and visual designs.

Design 52
article thumbnail

John Wick Targets Jane Wick with Trademark Opposition

JD Supra Law

John Wick is a highly successful film franchise starring Keanu Reeves as a hitman who reluctantly emerges from retirement to avenge the killing of his pet beagle (among other offenses committed by a group of not-very-nice Russian gangsters).

article thumbnail

Fed. Circ. OKs Apple's Patent Board Win In Beacon Dispute

IP Law 360

The Federal Circuit on Friday signed off on a ruling from the patent board that wiped out all of the claims Apple challenged in a patent covering location-tracking beacons that was asserted against a software protocol developed for iPhones and iPads.

Patent 52
article thumbnail

German Birkenstock Decision Shows the Limits of Copyright Protection for Functional Designs

JD Supra Law

Aber ist es Kunst? - That questionBut is it art?was before the German Bundesgerichtshof (BGH), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design.

Design 68
article thumbnail

Boeing NASA Tech IP Claims Survive Dismissal In Wash.

IP Law 360

A Washington federal judge has narrowed a Colorado firm's suit accusing The Boeing Co. of using stolen technology to support NASA's Artemis moon exploration program, preserving some claims for copyright and trade secret theft while dismissing trademark and counterfeiting allegations.

IP 52
article thumbnail

The Precedent: Federal Circuit Vacates Claim Construction But Upholds PTAB’s Determination of Obviousness and Motivation to Combine in HD Silicon Solutions

JD Supra Law

In this edition of The Precedent, we outline the Federal Circuit's decision in HD Silicon Solutions LLC v. Microchip Technology Inc. In HD Silicon Solutions LLC, the Federal Circuit addressed an appeal from the USPTO Patent Trial and Appeal Boards (the PTAB) final written decision, holding that certain patent claims were obvious and therefore unpatentable.

Editing 65
article thumbnail

Meta Digs Into Co.'s Asset Selloff As $5.5M Win Goes Unpaid

IP Law 360

A California federal judge Friday agreed with Meta that a Chinese information company that hasn't paid a $5.5 million default judgment in a cybersquatting case should provide details about the sale of its domain name business just days before she issued an asset freeze.

article thumbnail

Artists Protest AI Copyright Proposal in the U.K.

JD Supra Law

British Prime Minister Keir Starmer wants to turn the U.K. into an artificial intelligence (AI) superpower to help grow the British economy by using policies that he describes as pro-innovation. One of these policies proposed relaxing copyright protections.

article thumbnail

PTAB Explains Ax Of Moderna Vaccine Patents In Pfizer Case

IP Law 360

The Patent Trial and Appeal Board has unsealed its decisions finding that Pfizer and BioNTech had shown that all the challenged claims of two Moderna COVID-19 vaccine patents are invalid, saying the success of the vaccine didn't outweigh strong evidence that the inventions were obvious.

Patent 52
article thumbnail

[Audio] (Podcast) The Briefing: Court Drowns Pepperdine's 'Waves' Trademark Battle Against Netflix

JD Supra Law

On the latest episode of The Briefing, Weintraub attorneys Scott Hervey and Jessica Corpuz break down the courts decision in Pepperdines trademark fight with Netflix over the name Waves in the new series Running Point. Tune in for insights on this case and how the Jack Daniels ruling is reshaping trademark law in entertainment.

article thumbnail

ITC To Review Toolmaker's Fish Tape, Safety Helmet Products

IP Law 360

The U.S. International Trade Commission has agreed to investigate an Illinois company's complaint against a competing toolmaker for allegedly infringing three patents covering glow fish tape and a safety helmet system.

Patent 52
article thumbnail

[Video] The Briefing: Court Drowns Pepperdine's 'Waves' Trademark Battle Against Netflix

JD Supra Law

On the latest episode of The Briefing, Weintraub attorneys Scott Hervey and Jessica Corpuz break down the courts decision in Pepperdines trademark fight with Netflix over the name Waves in the new series Running Point. Tune in for insights on this case and how the Jack Daniels ruling is reshaping trademark law in entertainment.

article thumbnail

Record Labels Want Out Of Copyright Suit Over Cardi B Song

IP Law 360

Two music creators who say Cardi B's hit "Enough (Miami)" infringed a song they wrote in 2021 cannot circumvent the need for a copyright registration merely by framing their claim under common law, Atlantic Records and Warner Music Group have said in a bid to toss the Texas federal lawsuit.

article thumbnail

What Intellectual Property Owners Need to Know Today About Obviousness-Type Double Patenting

JD Supra Law

What You Need to Know: Instead of filing multiple applications claiming different aspects of an invention but not sharing a single priority chain, patentees should strive to file highly comprehensive applications that consider as many features and aspects of the invention as possible.

article thumbnail

Judge Gilstrap Won't Revive Patent In $142M Samsung Case

IP Law 360

A Texas federal judge has denied G+ Communications' motion for a judgment that one of the three wireless networkpatents it asserted against Samsung is not ineligible, in a ruling that comes about a year after jurors cleared the electronics giant of infringing that patent but awarded $142 million for infringement of the other two.

Patent 52
article thumbnail

District Court: Incorporation by Reference for Purposes of Anticipation Requires More than a Parenthetical

JD Supra Law

In a series of rulings on a motion in limine, the District of Delaware recently distinguished between what qualifies as being incorporated by reference and what does not for the purposes of an anticipation defense. In short, a parenthetical citation was held to be insufficient, while three passages discussing a cited reference met the test.

65
article thumbnail

Fed. Circ. Affirms No Block On Amgen's Eye Med Biosimilar

IP Law 360

The Federal Circuit on Friday agreed with a lower court decision declining to temporarily block Amgen's biosimilar of Regeneron's blockbuster eye medication Eylea, affirming that court's application of claim construction precedent in the patent infringement suit.

article thumbnail

DNA Genotek Inc. v. Spectrum Solutions LLC (Fed. Cir. 2025)

JD Supra Law

Sometimes important contributions to innovation can come from the mundane rather than the extraordinary.One (perhaps apocryphal) example comes from the story of the early development of television by Philo Farnsworth (the story, but not the apocrypha, is set forth in Evan Schwartz's bookThe Last Lone Inventor).

article thumbnail

Navigating The Growing Thicket Of 'Right To Repair' Laws

IP Law 360

An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.

Law 52
article thumbnail

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: February 2025

JD Supra Law

Welcome to WilmerHales bulletin on recent trade secret case law and relevant news items. Weve affectionately nicknamed it Readily Ascertainable because, unlike a trade secret, it should be easy to figure out.

Law 59
article thumbnail

Home Depot Nixes 3rd Lynk Labs Patent Claim At Fed. Circ.

IP Law 360

Home Depot U.S.A. Inc. persuaded Federal Circuit judges on Friday to override the Patent Trial and Appeal Board and throw out another claim in a patent issued to a late 1990s tech developer that later pivoted to LED lights.

Patent 52
article thumbnail

Federal Circuit Rules Jepson Claims Need Full Written Description: Another Nail in the Coffin

Patently-O

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post. Continue reading this post on Patently-O.

Patent 52
article thumbnail

A Judge's Pointers For Adding Spice To Dry Legal Writing

IP Law 360

U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

52
article thumbnail

The digital image cycle

Likelihood of Confusion

Originally posted 2021-05-19 09:49:40. Republished by Blog Post PromoterThis is very good, and also raises interesting copyright questions: The post The digital image cycle appeared first on LIKELIHOOD OF CONFUSION.

article thumbnail

Halliburton Rival Loses Fracking Claims At Federal Circuit

IP Law 360

The Federal Circuit has affirmed findings in Halliburton's favor at the Patent Trial and Appeal Board that came after the company challenged claims in patents covering electric pumps used in hydraulic fracturing.

Patent 52