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In 1999, computer scientist Kevin Ashton coined the term “the Internet of Things” (“IoT”) in order to put a name to his idea of using RFID chips to track items as they moved throughout a supply chain. “Though there is no specific definition of IoT, the concept focuses on how computers, sensors and objects interact with each other and collect information relating to their surroundings.”.
The U.S. Supreme Court today issued its opinion in Loper Bright Enterprises v. Raimondo, overruling the Court’s seminal case on administrative agency deference, Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. Chief Justice Roberts delivered the opinion of the Court and Justices Kagan, Sotomayor and Jackson dissented.
Defying even the broadest definition of ‘justice’ or even basic common sense, more than 12 years after his initial arrest, Kim Dotcom is still fighting the New Zealand government on every detail of his case. Given that the booby prize for not doing so is an all-expenses-paid trip to the United States, few could blame him. But why this has been allowed to drag on for so long can only be answered by New Zealand’s government.
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?
Part 1: WHERE - Like the rest of the world, we will have our eye on Paris this summer, breaking down trademark issues associated with the Olympic Games in a three-part series. Over the course of the next three months, we will review the where, what, and how: from where the U.S. Olympic Committee (USOC) derives its trademark rights, what it considers those rights to be, and how the Committee has enforced its rights against third parties.
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly-used analytic tool and leaving lots of questions about what comes next.
This article provides a general overview of certain Chinese legal considerations for licensing and collaboration deals in the life sciences industry. In particular, this article focuses on two types of transactions.
This article provides a general overview of certain Chinese legal considerations for licensing and collaboration deals in the life sciences industry. In particular, this article focuses on two types of transactions.
This week in Other Barks and Bites: WIPO releases a study that finds intangible investment is growing rapidly in part due to IP; the Center for Investigative Reporting files a copyright lawsuit against OpenAI and Microsoft; and the RIAA files a lawsuit against AI music-generating platforms for mass copyright infringement.
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. The Regulation introduces significant changes to the Regulation respecting the language of commerce and business (French Charter Regulation) with some being quite different than those proposed by the draft version of the Regulation published on January 10, 2024.
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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.
Recently, District Court Judge Thomas S. Zilly in the Western District of Washington granted Ironburg Inventions Ltd.’s (“Ironburg”) motion for inter partes review (“IPR”) estoppelpursuant to 35 U.S.C. § 315(e)(2), which precludes Valve Corporation (“Valve”) from arguing non-petitioned grounds of invalidity of asserted patent claims in U.S. Patent No. 8,641,525 B2 in Ironburg Inventions Ltd. v.
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platform's content moderation policies and the appropriate deadline to challenge agency action.
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
On June 20, 2024, the FDA issued a draft guidance, “Considerations for Demonstrating Interchangeability with a Reference Product: Update” that revises the need for switching studies to demonstrate a biosimilar is interchangeable. The initial guidance on interchangeability was published in 2019, before the FDA had received and reviewed any applications for interchangeable biosimilars.
An Eastern District of Texas federal jury on Friday said Verizon should pay $847 million for infringing two General Access Solutions wireless access network patents.
Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for nearly two decades. Now, the dispute is going to the United States Supreme Court, which has agreed to hear Dewberry Group’s challenge to a $43 million profit disgorgement award a federal district court in Virginia entered in favor of Dewberry Engineers.
A California federal judge has denied a bid by online legal services website LawFirms.com to escape a trademark suit accusing it of ripping off law firm LegalForce's stylized text and symbol used in advertisements.
Before Moore, Lourie, and Albright. Appeal from the United States District Court for the District of Delaware. Summary: The totality of the complaint’s allegations must be considered when assessing whether induced patent infringement was sufficiently pleaded.
A trade group that represents inventors is throwing its hat into the ring to support the latest petition asking the U.S. Supreme Court to weigh in on patent eligibility.
In 2019, the United States Patent and Trademark Office (USPTO) introduced Trademark Rule 2.189 (37 CFR § 2.189) as part of its larger efforts to combat fraudulent filings and unauthorized practices. Under the rule, all trademark applicants, registrants, and proceeding parties must provide their “domicile address” in trademark filings, so the USPTO can determine whether they are a foreign-domiciled party that must be represented by a U.S.
The May-June 2024 (Vol. 114 No. 3) issue of the Trademark Reporter has arrivede. [pdf here ]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): "This issue offers readers an article on how the constitutional-avoidance doctrine allows courts to accommodate free speech concerns when applying the Rogers v. Grimaldi test in the wake of the U.S.
A federal district court in Utah has dismissed patent claims directed to intermittent fault detection (IFD) technology for electrical systems in aircrafts. The court determined that the asserted claims are patent-ineligible subject matter under 35 U.S.C. § 101.
Columbia University shot back Friday against arguments from Quinn Emanuel Urquhart & Sullivan LLP that Federal Circuit judges should disregard arguments made by the firm's former client, who says the firm lied to a federal court in Virginia to avoid damaging testimony in a $600 million patent case.
The United States Patent and Trademark Office (USPTO) recently proposed a significant change to the rules governing terminal disclaimers. The USPTO says that the rule change would “promote innovation and competition,” but is more likely designed to reduce the backlog of cases at the USPTO regardless of the cost to innovators, who will end up with weaker patents if they result from continuation applications with terminal disclaimers.
A Texas-based bank has asked a federal judge to sanction Ramey LLP in a patent infringement case the firm's client filed against it, saying the litigation is frivolous and should be tossed.
In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Jared Bunker speaks with guest David A. Gauntlett, principal of Gauntlett & Associates, on how businesses may use insurance policies to defend against intellectual property lawsuits. Jared and David discuss what businesses should consider when selecting insurance policies for this purpose and whether common commercial insurance policies cover the defense of intellectual property lawsuits.
The U.S. Patent and Trademark Office said Friday that it will seek public input about whether existing laws are enough to protect individuals from unauthorized artificial intelligence-created replicas of their image, voice and likeness, commonly called deepfakes.
In LKQ Corp. v. GM Global Tech Operations LLC, the United States Court of Appeals for the Federal Circuit, sitting en banc, overruled the Rosen-Durling test for assessing obviousness of design patents.The now-outdated Rosen-Durling test set forth a two-part analysis.
A private investigator in North Carolina deleted 110,000 documents — including data reportedly stolen from an attorney — the night before he was set to testify in a London case against airline mogul Farhad Azima, according to documents filed in federal court.
Kilpatrick partner Ted Davis spoke recently at the American Intellectual Property Law Association’s Spring Meeting and at the International Trademark Association’s annual meeting on recent developments in United States trademark and unfair competition law over the trailing twelve months. * The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients.
The U.S. Supreme Court's decision Friday striking down precedent that gave deference to the legal interpretations of government agencies could spur new attacks on patent office rules and decisions governing U.S. International Trade Commission patent disputes, attorneys said.
The ITC Keeps Changing in 2024. Aarti Shah of Kilpatrick co-chaired American Conference Institute’s ITC Litigation and Enforcement Conference in May, where many of these changes and trends were discussed. * The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients. This video is for general information purposes and is not intended to be and should not be taken as legal advice.
The U.S. Patent and Trademark Office has indicated that it wants to hear what attorneys think about the current state of the "experimental use exception," which permits others to infringe a patent when the use is for "philosophical," not commercial, pursuits.
In a decision today, the Federal Circuit excused the lack of an oath with a declaration, finding no prejudice resulted. Case No. 2022-2133. Liquidia Technologies filed an IPR petition challenging claims of United Therapeutics Corporation's (“UTC”) patent and in the petition cited the declaration of Dr. Winkler. The Winkler declaration was signed but lacked an oath.
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