IP Law 360
JUNE 28, 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.
JD Supra Law
JUNE 28, 2024
Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music.
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TorrentFreak
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.”.
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?
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
JUNE 28, 2024
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.
The IPKat
JUNE 28, 2024
When are goods supposed to be for personal use and when should they be assumed to be used in the course of trade under trade mark law? This question was brought before the District Court of The Hague, and later the Court of Appeal of The Hague, in a case ( here and here ) involving the importation of counterfeit Off-White products from Turkey to Germany by a private individual.
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
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
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
The IPKat
JUNE 28, 2024
This is a review of “ Regulating the Synthetic Society: Generative AI, Legal Questions, and Societal Challenges ” by Bart van der Sloot (Tilburg University). The book is divided roughly into distinct parts: the first three chapters go into some detail to describe various AI technologies, how they work and their real-life applications (both present and future) whereas the latter three chapters set out the challenges associated with these technologies, how current legislation seeks to regulate the
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
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.
JD Supra Law
JUNE 28, 2024
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.
IP Law 360
JUNE 28, 2024
The dispute between the New York Knicks and Toronto Raptors over an employee jumping from one franchise to another belongs in arbitration before the NBA commissioner, a Manhattan federal judge ruled on Friday, calling the Knicks' efforts to keep it in court instead "an airball.
JD Supra Law
JUNE 28, 2024
Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music.
IP Law 360
JUNE 28, 2024
A Second Circuit panel had tough questions Friday for counsel defending the Internet Archive's argument that its free e-book lending program is fair use, questioning the assertion that its system of scanning physical books to convert them to digital form does not harm the market of the four publishers who sued for copyright infringement.
IP Watchdog
JUNE 28, 2024
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.
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