JD Supra Law

MARCH 21, 2024

In general, the Commission speaks as a unified voice through its Commission Opinion, generally affirming, reversing, or vacating the ALJ below. At times, however, Commissioner opinions differ, causing individual Commissioners to issue “separate views” in the form of a dissent or concurrence. By: Axinn, Veltrop & Harkrider LLP

Law 52

Law 52

Likelihood of Confusion

FEBRUARY 11, 2022

The post An opinion to Di for appeared first on LIKELIHOOD OF CONFUSION™. I do a lot of bellyaching around here about how there are never any consequences for filing frivolous trademark and copyright lawsuits. What’s the worst thing that can happen to.

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IP Watchdog

MARCH 27, 2022

Court of Appeals for the Federal Circuit (CAFC) affirmed a Patent Trial and Appeal Board (PTAB) Precedential Opinion Panel’s (POP’s) decision allowing patent owner DynaEnergetics Europe GmH to amend its claims, and also affirmed the PTAB’s decision that the original claims of the patent were unpatentable. On March 24, the U.S.

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Patent Litigation Intellectual Property IP 124

The TTABlog

JANUARY 11, 2024

The CAFC granted Intervenor USPTO's petition for panel rehearing, seeking a slight modification of the CAFC's opinion in Great Concepts, LLC v. The Board's decision may be found here , and the CAFC's original opinion here. The CAFC ordered a revision of one sentence on page 13 of its original opinion. Chutter, Inc. Chutter, Inc.

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Registration Copyright 69

Likelihood of Confusion

SEPTEMBER 17, 2022

I try to tread lightly with respect to blogging about cases I’m involved with, but there’s not much question that the December 13, 2011 Eastern District of New York opinion. Opinion Corp. The post PissedConsumer.com: Ascentive v. appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 52

43(B)log

FEBRUARY 26, 2024

could not be held liable because each of those certifications would have at their core a methodology based on an opinion as to which data points should be considered.” In most instances involving statements of opinion, the answer to that question will be “no.” that it was not fraudulently obtained).”

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Advertising Advertising False Advertising Marketing 59

Patently-O

OCTOBER 21, 2021

2021), opinion modified and superseded on reh’g , 2020-2321, 2021 WL 4737737 (Fed. 12, 2021) [ New Opinion ]. Earlier this month, the Federal Circuit released a revised opinion in the most recent edition of Hyatt v. Hirshfeld, 9 F.4th 4th 1372, 1374 (Fed.

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Editing Patent Application Patent 78

Likelihood of Confusion

OCTOBER 28, 2023

The Legal Times reports: The Supreme Court on Wednesday adopted a historic rule change that will allow lawyers to cite so-called unpublished opinions in federal. The post Best of 2006: No more Star Chamber opinions appeared first on LIKELIHOOD OF CONFUSION™.

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Reporting Law 52

TorrentFreak

OCTOBER 21, 2022

The opinion of AG Szpunar compares the current case to existing EU jurisprudence on hyperlinks, concluding that a streaming service doesn’t violate the law when subscribers bypass its geo-blocking efforts. ” It’s a myth that technical restrictions can be 100% effective, Szpunar notes in his opinion.

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Copyright Infringement Copyright Licensing Privacy 109

JD Supra Law

SEPTEMBER 14, 2021

the Federal Circuit affirmed exclusion of an expert opinion regarding a reasonable royalty, holding that the district court did not abuse its discretion by excluding the expert’s unfounded opinions and late-disclosed damages theories. On August 26, in MCL Intellectual Property, LLC v. Micron Technology, Inc.,

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Intellectual Property Technology Patent 112

IP Law 360

MARCH 17, 2023

A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's s notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.

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Government Law 75

JD Supra Law

JUNE 16, 2022

In the weeks preceding a recent Hatch-Waxman bench trial, a district court excluded portions of an expert’s opinion on obviousness that addressed internal documents and inventor testimony concerning the “inventors’ path” to arriving at the invention, finding that such portions of the opinion amounted to impermissible hindsight. .

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JD Supra Law

AUGUST 20, 2021

On August 5, 2021, the Federal Circuit withdrew its October 2020 opinion in GSK v. Teva, summarized in this post on induced infringement of method-of-treatment claims, and issued an opinion that reiterated the prior holding but sought to clarify its reasoning. GlaxoSmithKline v. By: Proskauer - Life Sciences

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Patently-O

AUGUST 12, 2021

On appeal, the Federal Circuit affirmed, but did so without any opinion — simply a R.36 36 judgment without opinion. BobCar has now filed a petition for writ of certiorari — focusing particularly on the issue no-opinion judgments as a matter of due process and appellate procedure.

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Ownership Patent Inventor Design Patent 78

JD Supra Law

JULY 7, 2023

Courts continue to measure that fine line between reliable expert testimony and legal opinion that patent experts constantly walk on. By: Irwin IP LLP

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IP Patent 52

43(B)log

SEPTEMBER 14, 2023

Read it here. Many years ago, I wrote a note about these disputes seeking return of engagement rings after a broken engagement, which is cited in the dissent--which also reads as an invitation to the Massachusetts Supreme Judicial Court to revisit its fault-based rule for when an engagement ring should go back to the (remorseful) giver.

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Velocity of Content

NOVEMBER 11, 2022

After issuing an order on Halloween blocking the proposed Penguin Random House/Simon & Schuster merger for more than $2 billion Judge Florence Pan, this week released her full written opinion. The post Judge Pan Releases Antitrust Publishing Case Opinion appeared first on Copyright Clearance Center.

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IP Law 360

JANUARY 12, 2024

a greeting card and event invitation company, saying in a published opinion Friday that its prior holding can no longer stand following the U.S. The Ninth Circuit reversed its decision that a publication called Punchbowl News did not infringe the trademark of Punchbowl Inc., Supreme Court's landmark ruling in Jack Daniel's Properties Inc.

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Publishing Trademark 40

The Illusion of More

SEPTEMBER 16, 2021

The post Fifth Circuit Delivers Maddening Opinions in Bynum Copyright Suit appeared first on The Illusion of More. The tale, which has been passed down through generations of Aggies and other football fans, describes the “Dixie […].

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Copyright Copyright Infringement Publishing Copyright Law 89

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. The Court Opinion. What’s so odd about this opinion is that it treats TOS amendment as an unprecedented question. I hope it’s not. * * *. Implications.

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Contracts Blogging Business Law 107

The IPKat

DECEMBER 13, 2021

The AmeriKat braces for the take over of the machines.or more likely not. There has been much headline ink spilled on the question of AI-inventorship in the IP press and beyond.

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Inventor Invention Ownership Intellectual Property Law 135

IP Watchdog

OCTOBER 6, 2023

Court of Appeals for the Federal Circuit (CAFC) issues two precedential patent opinions; X Social Media sues Elon Musk’s social media platform X for copyright infringement; and the PTAB grants Mylan Pharmaceutical’s petition for an inter partes review on the validity of Novo Nordisk’s Ozempic and Wegovy patents.

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Social Media Music Copyright Infringement Patent Infringement 115

LexBlog IP

FEBRUARY 28, 2023

On February 23, 2023, the European Medicines Agency (EMA) adopted a positive opinion for BEKEMV® BEKEMV® is a biosimilar candidate referencing Alexion’s biological product SOLIRIS® (eculizumab), which is a recombinant humanized monoclonal IgG2/4κ antibody that binds to the human c5 complement protein.

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Marketing Marketing Intellectual Property 52

JD Supra Law

MAY 15, 2023

This recurring feature highlights any new PTAB precedential and/or informative decisions, any new substantive Director review decisions, and any new substantive decisions issued by the Precedential Opinion Panel (POP). The current issue includes decisions entered (or designated as precedential) between January 1, 2023 and March 31, 2023.

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Designs Design 98

JD Supra Law

JULY 7, 2022

Kilpatrick Townsend partner Paul Haughey recently presented to the IP section of the Utah Bar Association about “Patent Opinions – New Developments and Pitfalls.” The presentation was a review of patent opinion basics, including the major relevant court decisions and some recent decisions regarding willful infringement.

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Patent Litigation IP 52

JD Supra Law

FEBRUARY 1, 2022

More than a year after its last precedential designation, the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board has held that Fedwire confirmation of payment constitutes sufficient evidence that the required fee for a petition for inter partes review has been paid.

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Designs Design Trademark Patent 94

Patently-O

OCTOBER 17, 2022

Judge Newman wrote the majority opinion and gave deference to the USPTO examiner. The following was deleted from the opinion: . In its January 2022 decision , the Federal Circuit sided with the patentee in this indefiniteness decision. Nature Simulation Sys. Autodesk, Inc., 4th 1334 (Fed.

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Art Patent Technology Law 58

Fish & Richardson Trademark & Copyright Thoughts

JUNE 22, 2021

For cases pending in the PTO, the Supreme Court’s opinion will likely be the subject of some type of rule-making or interim procedure to implement its requirements. The Opinion. None of the opinions discuss the requirements of the review process itself or how to implement the review on remand from the Court. Majority Opinion.

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Government Patent Litigation Law 71

43(B)log

JUNE 6, 2023

The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.” Malicious” and “threats,” in this context, were falsifiable rather than opinion: “terminology that is substantively meaningful and verifiable in the cybersecurity context.”

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False Advertising Advertising Advertising Business 59

JD Supra Law

AUGUST 24, 2022

Kilpatrick Townsend Partner Paul Haughey recently presented "Patent Opinions - New Developments and Pitfalls." These are the 6 key takeaways from his presentation. By: Kilpatrick Townsend & Stockton LLP

Patent 52

Patent 52

JD Supra Law

JUNE 5, 2023

Supreme Court's recent opinion in Andy Warhol Foundation ("AWF") v. Over the past several weeks there has been much commentary regarding the U.S. The facts of the case date back to the early 1980s when Vanity Fair licensed a photograph of Prince taken by acclaimed photographer Lynn Goldsmith.

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Licensing 52

IP Law 360

MAY 18, 2023

Supreme Court Justice Elena Kagan let her artistic mind be known Thursday in a fiery dissent slamming Justice Sonia Sotomayor's majority opinion for "ignoring" the transformative nature of Andy Warhol's licensed artwork drawing on a photographer's portrait of music icon Prince.

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Artwork Music Licensing 40

Patently-O

JUNE 15, 2022

For instance, as one of us showed in a prior study with Mark Lemley, the Federal Circuit upholds the validity of a patent over a challenge on patentable subject matter grounds about 20% of the time when it decides the case in a precedential opinion.

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Law Government Patent Infringement Designs 91

IP Watchdog

JANUARY 28, 2023

As Robert Frost poetically noted, two roads diverged in the woods he was exploring. One road was well trod, easy to traverse, and the other less traveled, difficult and getting weedy. Sadly, although Americans pride themselves on innovation, American innovation, particularly inventorship, is now the difficult road.

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Invention Inventor Government Technology 128

JD Supra Law

JULY 14, 2023

This article compares two recent Federal Circuit opinions concerning IPR cases addressing the nexus requirement for objective indicia of non-obviousness. These cases revolve around the patentee’s use of a commercial embodiment to establish a presumption of nexus. By: Haug Partners LLP

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Art Patent 52

The TTABlog

JULY 28, 2022

Here are the Board's three latest opinions in Section 2(d) appeals, involving a total of eight refusals (six in the second case). 90492198 (July 25, 2022) [not precedential] (Opinion by Judge Marc A. 88621502 and 88621520 (July 26, 2022) [not precedential] (Opinion by Judge Marc A. Two of the refusals were reversed. Which ones?

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Designs Design Copyright 64

JD Supra Law

FEBRUARY 13, 2024

In Xerox Corp. Bytemark, Inc., the Director of the U.S. Patent and Trademark Office made precedential a prior decision of the Patent Trial and Appeal Board (the Board) over when an expert declaration from an inter partes review (IPR) should be afforded little weight.

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Designs Design Patent Trademark 65