Posts in IPWatchdog Articles

Amneal, Aided by FTC, Succeeds in Getting Teva Patents Removed from Orange Book

In a significant ruling, the United States District Court for the District of New Jersey has ordered that Teva’s inhaler patents were improperly listed in the Food and Drug Administration’s (FDA) Orange Book, supporting Amneal’s claims that the patents did not cover key drug formulations. The case is centered around Teva’s New Drug Application (NDA) for the ProAir HFA inhaler.

Jones Robb PLLC is Seeking an Attorney/Patent Agent

Jones Robb is seeking registered patent attorneys or patent agents for full- or part-time remote opportunities. Responsibilities include preparing and prosecuting domestic and international patent applications, including strategic patent portfolio development, and other patent-related counseling, including opinions and post-grant projects.

USPTO Finalizes Changes to PTAB Pre-Issuance Circulation Rules

The U.S. Patent and Trademark Office (USPTO) announced a final rule today that will amend the rules of practice before the Patent Trial and Appeal Board (PTAB) to formalize the existing Standard Operating Procedure (SOP4) governing circulation and internal review of PTAB decisions. In October 2023, the Office issued a Notice of Proposed Rulemaking (NPRM) that aimed to “promote consistent, clear, and open decision-making processes while protecting judicial independence and increasing transparency of USPTO processes.”

APPLE JAZZ Owner Pursues Cancellation of APPLE Mark for Entertainment Services in District Court

On June 7, professional trumpet player Charles Bertini filed a lawsuit in the Northern District of California seeking the cancellation of trademark rights owned by consumer tech giant Apple covering the use of the company’s name in connection with entertainment services. Bertini’s lawsuit is the latest effort in his nearly decade-long battle to obtain a federal trademark registration for APPLE JAZZ, a mark which Bertini has used to market live entertainment since 1985.

Kat Von D Meets Tiger King: Has Warhol Destroyed Transformative Fair Use?

Celebrity tattoo artist Kat Von D recreated a photograph of a famous musician in ink on her client’s arm and posted photos of the process online. Netflix docuseries “Tiger King” incorporated video footage of a real-life funeral as part of its documentary coverage of the deceased’s husband. The two parties were sued separately for copyright infringement—of the photograph, in Kat Von D’s case, and the video, in Netflix’s case.

IPWatchdog Unleashed: The Unified Patent Court One Year In, with Tobias Wuttke

IPWatchdog is excited to introduce IPWatchdog Unleashed, an original podcast where each week we will journey into the world of intellectual property to discuss the law, news, policy and politics of innovation, technology, and creativity. With analysis and commentary from industry thought leaders and newsmakers from around the world, IPWatchdog Unleashed is hosted by world renowned patent attorney and founder of IPWatchdog.com, Gene Quinn.

High Court Rejects Bid for Clarity on Trademark Confusion

The U.S. Supreme Court today denied certiorari in Relish Labs v. GrubHub, Inc., a case that asked the Court to review a U.S. Court of Appeals for the Seventh Circuit decision that held Relish Labs LLC and the Kroger Company (who own the “Home Chef” brand and mark) had not proven consumers were likely to confuse their marks with Grubhub and Takeaway.com’s logo. Relish Labs petitioned the Court in January of this year.

Representative Kevin Kiley and Eagle Forum President Discuss the State of the Patent System

On Thursday, May 23, Gene and I attended the Eagle Forum Annual Briefing and Dinner, an event hosted by conservative public policy and grassroots organization Eagle Forum Education & Legal Defense Fund. During the event, both Gene Quinn and Representative Kevin Kiley (R-CA) were presented with the Phyllis Schlafly Friend of American Invention Award. Prior to the awards being presented, Eagle Forum President Ed Martin sat down with Congressman Kiley for a fireside chat.

TikTok’s ‘Grossly Insufficient’ Discovery Responses Lead to Motion to Compel in Cellspin Soft Patent Case

On June 6, patent owner Cellspin Soft filed a motion to compel  in the Eastern District of Texas seeking a court order requiring Chinese social media company TikTok to provide additional responses to interrogatories regarding proper venue in the case. Cellspin Soft’s motion charges TikTok with refusing to provide information within the company’s knowledge about several venue-related aspects of the case, including the identity of corporate whistleblowers and the location of servers used by TikTok’s data security initiative known as Project Texas.

USPTO Extends Deadline for AI Inventorship Comments as Some Criticize Pannu Factors

On June 6, the U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register announcing that the Office would be reopening the public comment period for the development of inventorship guidance surrounding inventions developed by artificial intelligence (AI) systems. Although the USPTO will continue to collect public comments until the middle of June, public comments received from patent industry stakeholders so far are largely urging the agency to adopt inventorship guidance that provides a broad pathway to patentability for AI-assisted inventions.

Other Barks & Bites for Friday, June 7: Class Action Lawsuit Accusing Google of Copyright Infringement Dismissed; the WHO Releases Report on Health, Innovation and IP; EU Court Bans McDonald’s from using Big Mac Mark for Chicken Sandwiches

This week in Other Barks and Bites: a California district court dismisses a class action copyright lawsuit against Google; an AI lobby group launches a campaign to defend AI against copyright lawsuits; and the National Academy of Inventors announces top 100 universities for granted utility patents.

The Biotechnology Revolution: The Impact of the New WIPO Treaty on Genetic Resources

After 25 years of negotiations, representatives from various countries gathered at a diplomatic conference in Geneva, Switzerland, from May 13 to 24, 2024, resulting in the approval of this historic treaty. The main change brought by the treaty is the mandatory disclosure of the origin of genetic resources and associated traditional knowledge in patent applications.

Lawmakers’ Letter to Department of Commerce Misunderstands the NIST March-In ‘Framework’ and Comments

Last Wednesday, May 29, Senator Elizabeth Warren (D-MA) and Representative Lloyd Doggett (D-TX) jointly called on the Secretary and Under Secretary of the U.S. Department of Commerce to expedite the finalization of a federal proposal aimed at enabling the government to acquire “taxpayer-funded” patents and license them to competitors, which would theoretically result in cheaper products and services. The congress members argued that the proposed “framework” would play a pivotal role in mitigating the exorbitant costs associated with prescription drugs.

Publishing Companies Say Google is Liable for Promoting Pirated Textbooks

Several major educational publishing companies, including Macmillan, Elsevier and McGraw Hill, have sued Google in a New York district court alleging contributory and vicarious copyright infringement, trademark infringement and violations of New York’s General Business Law. The companies claim that Google’s search engine is facilitating infringement by promoting pirate sites that sell heavily discounted versions of educational textbooks.

Patently Strategic Podcast: Robert Cameron and the Power of Perseverance

We’ve seen few entrepreneurial success stories that haven’t involved heavy doses of perseverance, grit, observation, and creative problem-solving. Today’s guest possesses these qualities in spades. And while I can’t necessarily recommend some of the more death-defying specifics of his approach … at least not without a lot of “don’t try this at home” fine print … I do think that most inventors and aspiring entrepreneurs will benefit immensely from studying our guest’s thoughtfully crafted, time-tested, and wildly inventive approaches to innovation and business.

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