July 2024

The Questionable Motivation Behind Twitter’s Rebrand Continues

“While the outcomes of these pending lawsuits are difficult to predict so early in the proceedings, their filings only reinforce the question—why did X Corp. rebrand away from Twitter in the first place?” X Corp., formerly known as Twitter Inc., was hit with another trademark infringement lawsuit last week out of the Northern District of […]

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USPTO Guidance: Artificial Intelligence Inventions That Solve A Technical Problem Eligible For Patenting | MoFo Tech

Summary of USPTO Guidance The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO. The newly issued guidance from the USPTO provides a relatively clear path to patent eligibility for patent applications claiming

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UPC injuncts Polish mushroom farmer, destroys another Dexcom patent

Image from Shutterstock/Lukasz Siekacz The Unified Patent Court has handed Amycel and Abbott Laboratories wins on the final day of July Register for limited access Register to receive our newsletter and gain limited access to subscriber content. Register now Subscribe to unlock unlimited access Get news, unique commentary, expert analysis and essential resources from the

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Presumption of Injunction: How the RESTORE Act Aims to Re-Empower Patent Holders

by Dennis Crouch For the vast majority of American history, a judgment of patent infringement (by a court sitting in equity) led almost directly to injunctive relief barring ongoing infringement.  This construct was flipped by the Supreme Court’s 2006 decision in eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), a case which served as

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FDA Expands Practice of Permitting Population-Based Skinny Label “Carve-Ins” | Axinn, Veltrop & Harkrider LLP

FDA recently doubled down on its approach of allowing new language in an ANDA label as the result of a section viii statement – a so-called “carve-in.” Section viii statements assert that an ANDA does not seek approval for a method of use covered by patent or exclusivity. This of course generally requires omitting protected

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3 Count: Facebook Fraud – Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Gloria Gaynor Sues Music Producer in Work for Hire Dispute First off today, Chris Cooke at Complete Music Update reports that Gloria Gaynor has sued music producer Joel Diamond in a dispute over ownership of her recordings. Diamond claims that Gaynor signed a

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TTAB Rejects Sovereign Immunity Claim in Opposition to Virginia College System Marks

In this opposition to registration of the mark MOUNTAIN GATEWAY COMMUNITY COLLEGE for educational services and various clothing items, Applicant Virginia Community College Systems moved for summary judgment, asserting that the Board lacked subject matter jurisdiction due to state sovereign immunity. The Board denied the motion, ruling that sovereign immunity does not apply to opposition proceedings. Mountain Gateway

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Trademarks declared well-known (2023-24) – The IP Press

Haldiram India Pvt. Ltd. vs. Berachah Sales Corpn. 2024 SCC OnLine Del 2265 Hon’ble Delhi High Court in a ruling has granted a decree of declaration stating the mark ‘HALDIRAM’ a well-known mark. The ruling came after considering the reputation and usage of the mark worldwide. Justice Prathiba M. Singh observed “There is no doubt

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TTAB Sustains Nike’s Opposition to “4IR”, Finding Confusion Likely with “AIR” For Shirts

Footwear behemoth Nike, Inc. ran over pro se Applicant Timothy Jinks in this opposition to registration of the mark 4IR for “shirts.” The Board found confusion likely with Nike’s common law mark AIR for various types of shirts. Not a single DuPont factor weighed in applicant’s favor. NIKE, Inc. v. Timothy Jinks, Opposition No. 91278263 (July 9, 2024) [not precedential] (Opinion by Judge Thomas

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