SpicyIP

FEBRUARY 21, 2025

On July 19, 2024, the Court directed, vide an order (see here ), the Director of IIT, Delhi, to appoint a Scientific Advisor and established a Terms of Reference (ToR) for the investigation to be conducted by the Scientific Adviser. litigation would help clarify its validity and prevent any future uncertainty among litigants.

Confidentiality 103

Confidentiality Litigation Intellectual Property IP 103

TorrentFreak

MARCH 11, 2025

For reference: Claim 1: Direct Copyright Infringement (no dismissal requested) Claim 2: Removal of Copyright Management Information Claim 3: Violation of CDAFA Late last week, Federal Court Judge Vince Chhabria dismissed the CDAFA claim, as Meta requested. Notably, Meta did not request dismissal of the core copyright infringement complaint.

Fair Use 90

Fair Use Copyright Infringement Copying Copyright 90

The IPKat

NOVEMBER 3, 2024

To support this, the applicant referred to the Similarity Tool, contending that, according to this tool, win and gin are similar. The applicant claimed there is a likelihood of confusion between the two trade marks, arguing that wine and gin are similar. 003196752 ).

Intellectual Property 109

Intellectual Property Registration Trademark 109

JD Supra Law

JANUARY 6, 2025

Name, image, and likeness (NIL) deals are analogous to endorsement deals, where businesses contract with a person to promote a product or service, but "NIL deals" is typically used to refer to agreements with college student athletes.

Business 73

Business Brands Contracts Branding 73

IP Watchdog

DECEMBER 16, 2024

Proposed legislation related to artificial intelligence (AI) was the most prevalent and anticipated, and will be the focus of this article, with some reference to non-AI copyright-related rulemakings and legislation.

Copyright 98

Copyright Technology Government IP 98

TorrentFreak

JANUARY 15, 2025

Instead, it referred users to Wikipedia and Reddit , where the links were still available. While it didn’t upload or directly link to infringing material on Telegram, rightsholders allegedly complained about the links that were posted to the Z-Library website.

Copyright Infringement 124

Copyright Infringement Copyright Reporting Marketing 124

Patent Trademark Blog

MARCH 5, 2025

The other patent filing referenced in the disclaimer will be called the Reference Patent. If the Reference Patent is not a parent of the Subject Patent, then the term of the Subject Patent will be the term of the Reference Patent excluding any PTA in the Reference Patent. The post How does a Terminal Disclaimer work?

Patent Application 52

Patent Application Patent Invention Art 52

JD Supra Law

JANUARY 13, 2025

Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included.

Litigation 68

Litigation 68

Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. In September 2020, the court granted a preliminary judgment, however, this expands that judgment by granting both damages and a permanent injunction.

Public Domain 246

Public Domain Music Derivative Work Licensing 246

IIPRD

MARCH 13, 2025

Intellectual Property refers to any intangible asset or property originated from the human intellect. Copyright Copyright refers to the exclusive rights granted to the authors or performers for their original work or performance like book, film, paintings, compute programmes, etc. For that, first let us understand what are IP and IPR.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

Plagiarism Today

AUGUST 9, 2022

The new tool is entitled GhostDetect , and it works by analyzing a reference text that is known to be written by the author and a query text that is in question. Since the latter is the oldest, by a day, I opted to use that as the reference. What I found was interesting.

Plagiarism 264

Plagiarism Contracts Publishing Reporting 264

Intellectual Property Law Blog

NOVEMBER 7, 2023

Reasoning Regarding the NDCA’s erroneous granting of JMOL of non-obviousness: Factual underpinnings of non-obviousness, e.g. , the Graham factors for obviousness and a POSITA’s motivation to combine prior art references, are issues of fact ordinarily for the jury.

Art 260

Art Licensing Marketing Marketing 260

The Illusion of More

FEBRUARY 13, 2025

It refers to a foundational test, which asks whether the average consumer will confuse a particular mark (words, design, or both) with a product or service that is not produced or distributed by the company associated with a known […] The post Guarantee of Confusion: When AI Scrapes the News appeared first on The Illusion of More.

Trademark Law 80

Trademark Law Art Design Designs 80

JD Supra Law

MARCH 13, 2025

On February 6, 2025, the PTAB denied IPR institution because the Petitioner failed to establish that its key prior art reference qualified as a printed publication under Section 102(b). 7,623,439 B2 (the 439 patent).

Art 59

Art Patent 59

Patently-O

MAY 24, 2024

Although the primary reference need not be “basically the same” as the claimed invention, the court still maintained that the obviousness analysis begins with a primary reference. ” And, like the primary reference, any secondary references must also be analogous art.

Design Patent 130

Design Patent Design Designs Art 130

Intellectual Property Law Blog

NOVEMBER 8, 2023

Apple filed two IPR petitions, each challenging various claims of the ’479 patent as obvious in view of multiple prior art references. Background Corephotonics owns the ’479 patent, which is directed to creating “portrait photos.”

Invention 264

Invention Art Patent 264

JD Supra Law

MARCH 4, 2025

The bulletin directed parties to continue referring to PTAB precedent, including Fintiv and Sotera. The bulletin also explained that to the extent any PTAB or Director Review decisions relied on the memorandum, the portions of those decisions shall.

Publishing 62

Publishing Litigation 62

Intellectual Property Law Blog

DECEMBER 14, 2023

the case addresses the weight the Patent Trial and Appeal Board (PTAB) should give to the intended purpose of a primary reference when evaluating a Person of Ordinary Skill in the Art’s (POSITA) motivation to combine that primary reference with secondary references. Teleflex Innovations S.A.R.L. , Qualcomm Inc. ,

Design 147

Design Designs Invention Patent 147

JD Supra Law

OCTOBER 21, 2024

LLC, the US District Court for the District of New Jersey ordered Teva to delist five patents from the Food and Drug Administration (FDA)’s Approved Drug Products with Therapeutic Equivalence Evaluations (commonly referred to as the Orange Book). Amneal Pharms.

Patent 90

Patent Brands Branding Branding 90

Intellectual Property Law Blog

JANUARY 2, 2024

The invention uses a radiation source, e.g., a linear accelerator (referred to as a ‘linac’), mounted on a pair of concentric rings to deliver a beam of ionizing radiation to the targeted area on the patient.” The instant dispute between Elekta and ZAP Surgical Systems, Inc.

Art 147

Art Patent Invention Law 147

The IPKat

MARCH 19, 2025

The key embodiments all depicted the GO on an electronic screen, and the specification contained references to other embodiments that were clearly outside the claim scope, indicating that not everything described in the specification was necessarily claimed.

Patent 62

Patent Art IP Law 62

SpicyIP

JANUARY 20, 2025

The letter also refers to an expert study in its annex that states Risdiplam, being a small molecule drug, its generic version can be made available to Indian patients for just Rs 3024 per year through local production. The letter points out that the maximum retail price for Risdiplam is Rs. 72 lakhs for children (12 bottles) and Rs 1.86

Government 119

Government Patent Invention Public Domain 119

Plagiarism Today

APRIL 27, 2022

It refers to the Wayback Machine as a “permanent public archive” though it is far from that. The letter also makes reference to a “DMCA legal case”, which is simply not a thing. However there are still other oddities. The fake lawyer identifies herself as a trademark attorney, but is handling a copyright issue.

Copyright Infringement 290

Copyright Infringement Public Domain Copyright Copyright Notice 290

TorrentFreak

NOVEMBER 5, 2024

The plaintiffs claim that Moy referred to himself and his resellers as “silent assassins.” The complaint makes no mention of how long the alleged offending lasted, while references to the business are made in the past tense, which may suggest it no longer exists.

Law 117

Law Cease and Desist Social Media Business 117

IP and Legal Filings

DECEMBER 3, 2024

With the filing of a single application, referred to as International Registration, administrative inconvenience is avoided when companies want to secure trademarks in any of the countries that participate. The Madrid Protocol had approximately 130 member countries, fully counting by January 2024, and covered almost 80% of global trade.

Registration 97

Registration Trademark Intellectual Property Branding 97

Intellectual Property Law Blog

JANUARY 22, 2024

The Board found that the Chen reference rendered obvious claims 1-3 and 9. The Board also found that Sierra’s motivation to combine Chen with certain GSM references was insufficient. Whether substantial evidence supports the Board’s finding of a lack of motivation to combine Chen with the GSM references?

Art 147

Art Patent Law 147

IP Watchdog

OCTOBER 30, 2024

The matter was referred to the CJEU by the Supreme Court of The Netherlands following a dispute between the companies Vitra and Kwantum. The judgment in Case C-227/23 of 24 October 2024 (Kwantum versus Vitra) is a landmark copyright decision.

Art 64

Art Copyright Litigation Intellectual Property 64

TorrentFreak

NOVEMBER 29, 2024

These percentages are hard to interpret without a historical reference. Although the actual number of users who subscribe to pirate IPTV services is unknown, a simulation indicates that, even with conservative assumptions, 1% of EU internet users could have subscribed to illegal IPTV services in just two years.

Music 117

Music Reporting Copyright Infringement Intellectual Property 117

IP and Legal Filings

DECEMBER 16, 2024

The term “trade dress” refers to the overall look of a product or its packaging that gives the customer an idea of its origin. Non-verbal elements such as shapes, colours, patterns, and even the layout of the store are protected under trade dress, whereas standard trademarks normally refer to words or logos [3].

Brands 98

Brands Branding Branding Design 98

IP Watchdog

JUNE 25, 2024

Just one year into the AIA, Chief Judge Randall Rader famously referred to the PTAB as a “death squad” at the 2013 American Intellectual Property Law Association (AIPLA) annual meeting because the invalidation rate was so high.

Intellectual Property Law 117

Intellectual Property Law Intellectual Property Invention Patent 117

Erik K Pelton

JULY 6, 2021

I actually heard a friend of mine yesterday refer to it as half-cinated. The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. As I record this episode, I’m in between my first and second dose of getting the Pfizer vaccine. It’s a hybrid of half-vaccinated.

Registration 242

Registration Trademark Brands Branding 242

JD Supra Law

AUGUST 26, 2024

On August 20, 2024, the Federal Trade Commission (FTC) submitted a comment supporting the FDA’s June 2024 draft guidance “Considerations for Demonstrating Interchangeability with a Reference Product: Update” that revises the need for switching studies to demonstrate a biosimilar is interchangeable. By: Venable LLP

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Plagiarism Today

SEPTEMBER 28, 2022

Gibson, the creator of The Shadow, referred to Batman as a “clowned-up version of The Shadow.”. The copycat origins of Batman are largely forgotten and left behind, something that is made as an inside reference when the two share a story with each other. Still, the similarities were enough that Walter B.

Plagiarism 275

Plagiarism Copying Publishing Derivative Work 275

JD Supra Law

NOVEMBER 19, 2024

This chart tracks the date, drug, reference-listed company, applicant, and indications of publicly available drug launches resulting from Abbreviated New Drug Applications and 505(b)(2) Applications. By: Robins Kaplan LLP

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Patently-O

FEBRUARY 16, 2025

The case is now on petition for writ of certiorari to the US Supreme Court and raises significant questions about the burden of proving enablement of prior art references in patent cases. The dispute in the IPR centered primarily on whether the three prior art references were sufficiently enabling.

Art 52

Art Invention Technology Patent 52

Plagiarism Today

MARCH 28, 2022

She licensed the photo to Vanity Fair magazine for use as an artist reference. First off today, John Fritze at USA Today reports that the Supreme Court has agreed to hear a case that pits photographer Lynn Goldsmith against the estate of artist Andy Warhol. The case deals with a photograph taken by Goldsmith in 1981 of the musician Prince.

Settlement 246

Settlement Privacy Licensing Journalism 246

JD Supra Law

AUGUST 16, 2024

In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in connection with the provision of services. Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” By: Seyfarth Shaw LLP

Trademark 117

Trademark Service Mark Brands Branding 117