Patently-O

APRIL 25, 2024

Chien , Professor of Law at the University of California, Berkeley School of Law and co-director of the Berkeley Center for Law and Technology, and Jillian Grennan , Associate Professor of Finance and Sustainability at the University of California, Berkeley Haas School of Business. By: Colleen V. of inventors.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Ashley litigates disputes across a wide range of technologies, including consumer electronics, software applications, semiconductors, and medical devices. Fish & Richardson is proud to announce the elevation of 15 attorneys to principals at the firm, effective January 1, 2023. Joel Henry (Washington, D.C.), Joel Henry (Washington, D.C.),

Intellectual Property 52

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LexBlog IP

MARCH 29, 2023

The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. § 553. The case, brought by Apple Inc. Intri-Plex Techs. and Apple Inc. Fintiv, Inc.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 23, 2021

Award recipients are “high performing, purpose-driven leaders who create value for other women and the companies, organizations, and agencies behind them.”. Fiorella has worked on cases involving pharmaceuticals (including Hatch-Waxman litigation ), oil and gas technology , software , medical devices , and polymer chemistry.

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Bio Law Blog

NOVEMBER 22, 2021

10, 2021, the Northern District of California granted the United States Patent and Trademark Office’s (USPTO) motion to dismiss a lawsuit brought by Apple and co-plaintiffs challenging the Patent Trial and Appeal Board’s (PTAB) use of the Fintiv factors in deciding whether to institute inter partes review (IPR).

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Patently-O

FEBRUARY 1, 2022

Companies and trade associations were broadly classified as “High Tech” (18%) or “Life Sciences” (14%). Submissions classified as “Business” (11%) identify those made by venture capitalists and submitters focused on finance or entrepreneurship like the Market Institute. Carrington and Professor Jorge L. Background . Methodology .

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Caleb Bates (Silicon Valley and Southern California); Vivian Cheng (New York); Crystal Culhane (Southern California); Patrick Darno (D.C.); Fish & Richardson is proud to announce the elevation of 17 attorneys to principals at the firm, effective January 1, 2022. The new principals include: Michael Ballanco (D.C.);

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Velocity of Content

APRIL 27, 2022

Whether arsenic in rice-based baby food, acrylamide in snacks, or the release of a book by Upton Sinclair on the meatpacking industry, there will always be unexpected situations that challenge even the most experienced institutions’ ability to react quickly. Food scares have been happening since the food industry began.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

Masimo Corporation ,¹ a decision instituting inter partes review (IPR) despite arguments from the patent owner that proceedings at the Patent Trial and Appeal Board (PTAB) would be inefficient given the overlapping prior art issues litigated concurrently in the co-pending district court case. Sotera Wireless, Inc. Masimo Corporation.

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U.S. Department of Commerce

MAY 27, 2021

NIST PHYSICIST AND PIONEER IN PRACTICAL NEW TECHNOLOGIES JUNE YE. NIST Physicist and Pioneer in Practical New Technologies June Ye More details. Ye leads a large and diverse group at JILA, a joint research institute run by NIST and the University of Colorado Boulder. May 27, 2021. KCPullen@doc.gov. Thu, 05/27/2021 - 09:16.

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Technology & Marketing Law Blog

MARCH 8, 2022

This complements a separate letter sent by 38 organizations and companies also opposing the SHOP SAFE Act. [Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). The SHOP SAFE Act would do this by fundamentally changing trademark law.

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LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front. Data Breaches.

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LexBlog IP

AUGUST 4, 2021

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. Similar to the California Consumer Privacy Act (CCPA) and Virginia’s Consumer Data Protection Act (CDPA), Colorado’s legislation aims to give consumers greater control over their personal data. .’s

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Patently-O

NOVEMBER 3, 2021

Companies and law firms with a transnational presence in Islamic countries should recognize that patents may present different considerations in countries with less secular legal systems. Below he offers a synopsis of his work. Islamic law has primacy in Islamic countries that comprise nearly one-fifth of the world’s population.

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U.S. Department of Commerce

FEBRUARY 24, 2022

One Black entrepreneur who has seen the value of these Department of Commerce programs first-hand is Gaby Long of Eureka, California. EDA and MBDA Support a New Generation of Black Entrepreneurs. February 24, 2022. KCPullen@doc.gov. Thu, 02/24/2022 - 10:41. Investing in communities and workers. Minority business growth. At the U.S.

Business 87

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Patently-O

APRIL 6, 2023

by Dennis Crouch The copyright lawsuit between the data-software company SAS Institute and its scrappy copycat World Programming has been interesting to follow over the past several years, and the Federal Circuit has now issued a controversial opinion in the case. World Programming Ltd., — F.4th 4th — (Fed. 1183 (2021).

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

from the Massachusetts Institute of Technology and was pursuing a Ph.D. in mechanical engineering from the University of California at Berkeley in the late ’80s when I realized that obtaining my doctorate would require me to become extremely technically focused, in a way that didn’t seem quite right for me. I received my B.S.

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LexBlog IP

MAY 4, 2023

The legal battle involved “a multi-trillion dollar technology company” (Apple) versus “a multi-billion dollar video game company” (Epic). Apple, Inc. , This article does not address the other antitrust and state law claims also at issue in the 91-page opinion.)The

Marketing 52

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2021

Fish attorneys John Dragseth and Nitika Gupta Fiorella authored a Law360 Expert Analysis article discussing the post-grant appeals that drove a lot of the legal activity at the Federal Circuit this past year despite the pandemic and what the notable developments in 2020 may mean for 2021. Post-Grant Review Cases | Law360. In Arthrex Inc.

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Patently-O

FEBRUARY 17, 2023

Professor Rebecca Wexler is a rising star in scholarship at the intersection of data, technology, and secrecy in the criminal legal system, with a particular focus on evidence law, trade secret law, and data privacy. The following guest post comes from Berkeley Law Professor Peter S. The following is an introduction and request for comments.

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

The underlying policy rationale is that awarding fees in exceptional cases where sanctions were necessary deters the “improper bringing of clearly unwarranted suits.” But is that policy rationale truly being achieved? The results might surprise some. PDF copy available. A fee-shifting statute for patent cases under Title 35 of the U.S.

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IP Watchdog

MARCH 7, 2022

By now, news of MIT and Harvard’s Broad Institute’s victory over the CVC group (the University of California-Berkeley, the University of Vienna, and Emmanuelle Charpentier) in a dispute over genome-editing CRISPR technology has spread like wildfire in the biotech industry and academia.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

With the PTAB’s constitutional defect now cured, the post-grant world refocused its attention back to more typical matters – discretionary denial, institution reviewability, and the one-year time bar, among other issues. Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] Download a PDF.

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LexBlog IP

FEBRUARY 11, 2022

Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages because of Caltech’s unsupported two-tiered reasonable royalty patent damages theory.

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U.S. Department of Commerce

OCTOBER 8, 2021

One passenger was Commerce’s National Institute of Standards and Technology’s (NIST) Judy Mitrani-Reiser , who was just a toddler at the time. Inventors, Disaster Scientists and Entrepreneurs: Commerce Home to Diverse-Range of Hispanic Pioneers. October 8, 2021. KCPullen@doc.gov. Fri, 10/08/2021 - 09:30. from disasters and failures.

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SpicyIP

JANUARY 16, 2023

Highlighting the facts of the case and the order’s emphasis on the need to hold a pre-institution mediation under the Commercial Act, he discusses apposite remedy of granting an interim injunction, in a counterfactual situation where the petitioner would have convinced the court about the possible infringement. Highlights of the Week.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Fish principals Hyun Jin (HJ) In, Ph.D. , Ralph Phillips , and Daniel Tishman explore these growing industries and offer considerations for companies protecting and defending their IP. The expansion of battery-related technology is also fueling significant growth in manufacturing investments and jobs in the United States and abroad.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Several other companies have also announced plans to pursue interchangeable status for biosimilar products. Consistent with this, as shown below in Table 2, numerous companies have publicly announced the submission and/or acceptance of new biosimilar BLAs. Introduction.

Litigation 52

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LexBlog IP

NOVEMBER 9, 2021

21, 2021, imposing export controls on certain cybersecurity software, equipment and technology. companies are not fueling authoritarian practices.” companies are not fueling authoritarian practices.” RECENT DEVELOPMENTS. White-hat activities and potential impact of new cybersecurity export controls.

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43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. Maybe to this we can add in Dastar. Dinwoodie and Janis taken out of context?

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Technology & Marketing Law Blog

MAY 9, 2022

Yet another COVID denier lawsuit over getting kicked off social media. These cases seem endless. On the plus side, these plaintiffs didn’t sue Twitter for deplatforming them. That’s the right instinct: in the government jawboning story, the government is the culpable party when it misuses its power and resources. What Happened.

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Technology & Marketing Law Blog

JANUARY 27, 2022

This is my annual review of the Internet Law highlights of the prior year. I’ve posted a 2021 year-in-review post for emoji law , and I will post a separate Section 230 year-in-review soon. Much of the NFT activity right now is irrational exuberance, but there is something potentially interesting below the hype. See, e.g., Kimsey v.

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