Fri.Jun 28, 2024

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Chevron is Out: SCOTUS Says Doctrine Flouts APA, Dissent Accuses Colleagues of ‘Judicial Hubris’

IP Watchdog

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.

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A New Look at an Old Hot Topic: The Internet of Things

JD Supra Law

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.”.

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BREAKING: Supreme Court Strikes Down Chevron Deference

IP Law 360

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.

Law 105
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MarkIt to Market® – June 2024: Where, What, and How – Trademarks & the Olympic Games (Part 1)

JD Supra Law

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.

Trademark 115
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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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Other Barks and Bites for Friday, June 28: RIAA Sues AI Music-Generating Platforms for Mass Copyright Infringement; EPO Releases Annual Review for 2023; and News Non-Profit Launches Lawsuit Against Open AI and Microsoft for Copyright Infringement

IP Watchdog

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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Top legal issues to think about in China-related licensing transactions

JD Supra Law

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.

Licensing 115

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[Video] The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years

JD Supra Law

Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music.

Music 119
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Chevron's End Is Just The Start For Energized Agency Foes

IP Law 360

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.

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Upcoming amendments to the Regulation respecting the language of commerce and business

JD Supra Law

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.

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In Chevron Case, Justices Trade One Unknown For Another

IP Law 360

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.

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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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IPR Estoppel in Action

JD Supra Law

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.

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High Court Enters July With 3 Rulings To Go

IP Law 360

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.

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FDA Revises Guidance on Switching Studies for Biosimilar Interchangeability

JD Supra Law

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.

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Skiing And Surfing Make Me A Better Lawyer

IP Law 360

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.

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U.S. Supreme Court to Decide Damages Issue in Trademark Dispute Involving Construction Engineering Firm

JD Supra Law

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.

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BREAKING: Verizon Hit With $847M Patent Verdict In EDTX

IP Law 360

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.

Patent 64
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Skinny Labeling May Not Be Enough to Avoid Induced Infringement Allegations

JD Supra Law

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.

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Book Review: Regulating the Synthetic Society: Generative AI, Legal Questions, and Societal Challenges

The IPKat

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

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MarkIt to Market® – June 2024: Home Is Where the Domicile Address Requirement Is

JD Supra Law

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.

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Brand wars: the never-ending battle against the clones

The IPKat

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.

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Patent Poetry: Federal Court Dismisses Patent Claims for Aircraft Fault Detection

JD Supra Law

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.

Patent 66
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LawFirms.com Can't Dodge LegalForce's Ad Trademark Suit

IP Law 360

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.

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USPTO Proposes New Rules on Terminal Disclaimers: A Potential Setback for Patentees

JD Supra Law

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.

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Inventor Group Backs High Court Bid In Patent Eligibility Case

IP Law 360

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.

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Insurance Coverage for Intellectual Property Lawsuits

JD Supra Law

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.

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Quinn Slammed By Columbia For Its 'Continuing Audacity'

IP Law 360

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.

Patent 52
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A New Era for Design Patent Claims: Federal Circuit Overrules Rosen-Durling Test in LKQ Corp. v. GM Glob. Tech Operations LLC

JD Supra Law

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.

Design 63
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Texas Bank Wants Ramey Sanctioned For 'Incoherent' IP Suit

IP Law 360

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.

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[Video] 5 Key Takeaways | Recent Developments in United States Trademark and Unfair Competition Law

JD Supra Law

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.

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USPTO Asks Public For Input On Addressing AI Deepfakes

IP Law 360

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.

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[Video] The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)

JD Supra Law

Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music.

Music 66
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Report Shows PI Wiped Evidence Of Other Hacks, Mogul Says

IP Law 360

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.

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[Video] 5 Key Takeaways | ITC Litigation and Enforcement Conference

JD Supra Law

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.

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Chevron's End May Put Target On ITC And Patent Office Policy

IP Law 360

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.

Patent 52
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Declaration sans oath - No harm, no foul

JD Supra Law

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.