Patently-O

MARCH 15, 2023

Apple and other repeat players in patent infringement litigation often use the inter partes review process under 35 U.S.C. §§ 311–319 to challenge the validity of asserted patents. 314(a) and [2] a petition must be filed within one year after service of the infringement complaint. § 35 U.S.C. § Arthrex, Inc. ,

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Litigation Patent Patent Infringement Law 64

The IP Law Blog

APRIL 27, 2023

An inter partes review (IPR) is a procedure in the Patent Trial and Appeal Board (PTAB) whereby a U.S. If a defendant in a patent infringement suit wants to challenge the patent, the petition must be filed within one year of service of the complaint. patent can be challenged in the Patent and Trademark Office (PTO).

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Patent Litigation Patent Infringement Invention 98

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2021

The firm offers biotechnology and pharmaceutical clients a wide range of services, including patent portfolio planning, strategic advice, opinions, and prosecution; litigation services, including representing branded companies in Hatch-Waxman cases; representation in post-grant proceedings including inter partes reviews before the Patent Trial (..)

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Patent Prosecution Intellectual Property Litigation Branding 40

Patently-O

FEBRUARY 17, 2022

The decisions are important; Estoppel is a huge consideration of accused infringers as they consider how to structure their inter partes review (IPR) petition(s) and these are all multi-million-dollar cases. Westlake Services , 859 F.3d Lets dig into the statute first, and then the decisions. 315(e)(1). [A]ssert

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Litigation Patent Invention 58

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 6, 2021

This post is our latest review of noteworthy case developments in Texas district courts in the month of November 2021. Four subjects stand out this month: (1) stays of district court litigation pending IPR, (2) subject matter eligibility under § 101, (3) service of foreign subsidiaries, and (4) damages expert opinions. Splunk Inc.

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Litigation Patent Invention IP 52

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? [Yes] Precedential No.

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Cinema Registration Trademark Reporting 69

The TTABlog

APRIL 3, 2023

TTAB Sustains Section 2(d) Opposition to RAMEN HOOD & Design for Asian-Themed Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? 5: TTAB Finds ICE MONSTER & Design Confusable With MONSTER ENERGY for Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

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Registration Designs Design Trademark 72

LexBlog IP

APRIL 27, 2023

An inter partes review (IPR) is a procedure in the Patent Trial and Appeal Board (PTAB) whereby a U.S. If a defendant in a patent infringement suit wants to challenge the patent, the petition must be filed within one year of service of the complaint. patent can be challenged in the Patent and Trademark Office (PTO).

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Patent Litigation Patent Infringement Invention 52

LexBlog IP

JULY 26, 2021

In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of service of such discovery requests, regardless of the geographic location of the serving party. 37 CFR § 2.119.

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Government Trademark Intellectual Property 52

Above the Fold

JULY 26, 2021

In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of service of such discovery requests, regardless of the geographic location of the serving party. 37 CFR § 2.119.

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Government Trademark Advertising Advertising 52

SpicyIP

NOVEMBER 18, 2021

It provides that any use of a copyrighted work for the purposes of, inter alia, “criticism or review, whether of that work or of any other work” [52(1)(a)(ii)] or “the reporting of current events and current affairs” [52(1)(a)(iii)] is exempt from an infringement claim provided that it constitutes ‘fair dealing’ with the work.

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Reporting Copyright Copyright Infringement Marketing 116

The IPKat

DECEMBER 15, 2023

Also in January in Kenya, a call for public participation on the Draft Copyright Tribunal (Procedure) Regulations , 2022 was issued, allowing the public to review and comment.

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IP Intellectual Property Copyright Music 83

Kluwer Copyright Blog

APRIL 26, 2022

Article 17 applies to online content sharing service providers (OCSSPs), as defined in Article 2(6) CDSM Directive, with further guidance in recitals 62 and 63. As a preliminary remark, it is noted that the Court for the most part followed the lead of the AG in his Opinion. The regime of Article 17 and the issue at stake. The Judgment.

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Intellectual Property Law Designs Design 99

SpicyIP

NOVEMBER 7, 2022

On that note, SpicyIP is happy to let our readers know that we’re restarting our weekly reviews. The weekly reviews will consist of short reviews of the past week’s blogposts, as well as caselaw from the previous week that we have been able to summarize. Silvermaple Healthcare Services Pvt.

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Patent Prosecution Invention Journalism IP 111

SpicyIP

JANUARY 29, 2024

[ This weekly review is co-authored with SpicyIP intern Pranav Aggarwal. Read the SpicyIP tidbit by Pranav on the Bombay High Court dynamic injunction order against websites imitating PAN card service providers. Assessing the above, the court passed the present order granting an ex-parte interim injunction to the plaintiff.

Music 59

Music Intellectual Property Copyright IP 59

SpicyIP

NOVEMBER 15, 2022

Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders. In this post , Nikhil analyses the recent decision by a Bangalore Commercial Court to, inter alia, block. Therefore, the court proceeded with the matter ex-parte. Image from here. the handles of INC and Bharat Jodo Yatra.

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Trademark Patent Copyright Designs 105

The IPKat

JULY 15, 2021

All this is true insofar as the monitoring obligations of online content sharing service providers (OCSSPs) are circumscribed by sufficient safeguards, which the provision itself contains, so to minimize the impact of the resulting filtering activities on users’ freedom of expression and information.

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Copyright Law Related Rights Technology 104

LexBlog IP

DECEMBER 22, 2022

Bosch Automotive Service Solutions, LLC v. Background. Under 35 USC § 316(d), a patent owner may file one motion to amend a challenged patent by cancelling any challenged claims and/or proposing a reasonable number of substitute claims for each challenged claim. 37 C.F.R. § § 42.121. Matal , 878 F.3d 3d 1027, 1040 (Fed.

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Patent Editing Invention Art 52

SpicyIP

DECEMBER 5, 2022

Call for Submissions- The IP Press Law Review: Volume I Issue 2 [Submit by Jan 2]. We informed our readers that the IP Press Law Review is calling for submissions for the second issue of their first Volume. The Defendant had appeared once but thereafter stopped appearing, causing the matter to proceed ex-parte. Case Summaries.

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The IPKat

OCTOBER 19, 2022

All this entails that the proprietor provides evidence demonstrating that “at least a significant proportion of the relevant public identifies the goods or services concerned as originating from a particular undertaking, because of that mark” (para 19). So, after that, the matter went back to Alicante.

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Registration Branding Brands Branding 98

The IPKat

MAY 8, 2022

Background In early 2021, Global Trademark Services Ltd (“GTS”) filed applications for the following marks in relation to ‘clothing, footwear, headgear’ in class 25: (UK Application No. As far as we are aware, this is the first matter to arise outside of the context of an inter partes conflict. 3587268 and No.

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Licensing Related Rights Registration Publishing 92

The IPKat

JUNE 25, 2021

This book review is brought to you by Donal O’Connell, the Managing Director of Chawton Innovation Services, a company focused on IP Education, IP Consultancy and IP Solutions & Tools. It explores how IP underpins technology transfer. It breaks down this complex issue very well, highlighting best practices. Vertinsky, J.B.

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Intellectual Property Technology Higher Education IP 52

SpicyIP

OCTOBER 9, 2021

Thus, with multiple institutions engaged in tackling the pandemic, the analysis of three spheres of law has become an integral part of the process, especially in the matter of vaccines as well as immunization process – Health, Human Rights and Intellectual Property Rights. Centre for Human Rights (CHR).

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Intellectual Property Intellectual Property Law Higher Education Registration 116

Kluwer Copyright Blog

APRIL 22, 2022

as a part of a larger study on copyright and new technologies for the European Commission. The report complements the analysis of laws with a review of practices and contractual arrangements of claiming and attributing authorship and/or ownership by actors in the field of AI music creation. folk-rnn , Melomics ). developer or user).

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Music Copyright Derivative Work Ownership 67

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. And so it found that JNF had failed to prove prior service mark use.

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Service Mark Registration Advertising Advertising 52

Patent Trademark Blog

JUNE 7, 2023

A defendant sued for infringement may request an Inter Partes Review (IPR) of the asserted patent by the USPTO. In recent years, an increasingly higher number of service providers have driven filing costs to even lower prices, with the quality of such issued patents being questionable.

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Litigation Patent Patent Infringement Licensing 52

The IPKat

NOVEMBER 29, 2021

On 8 November 2021, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report ( WIPI ), reviewing global IP activity in 2020. Furthermore, China has policies in place promoting the development of IP as part of a national strategy.

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Intellectual Property Reporting IP Patent Application 73

Velocity of Content

SEPTEMBER 23, 2021

Earlier in this series, I talked about the “quality assuring” (QA) aspects of formal peer review; and then we took a look at preprints, postprints and Versions of Record. Overall, they make up the parts of the standard research and reporting process aimed at improving the quality and reliability of research outputs.

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Journalism Publishing Reporting Designs 62

43(B)log

NOVEMBER 19, 2021

It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint. Acquisitive didn’t show that the litigation privilege applied, since it didn’t argue that the citizen petition was part of a judicial or quasi-judicial proceeding.

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Designs Design Patent Prosecution Art 56

Corsearch

FEBRUARY 9, 2023

In addition to his new role at the IPO, Mike is also part of the Anti-Counterfeiting Committee at INTA (The International Trademark Association), a highly decorated global association of brand owners and intellectual property professionals.

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Branding Brands Branding Intellectual Property 52

Patently-O

MARCH 28, 2024

The Court further emphasized that “[t]o facilitate review, this analysis should be made explicit.” This principle also applies to expert depositions that take place after the service of the reply and declaration. ” In other words, the motivation to combine must be expressly proven to a factfinder.

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Art Invention Patent Patent Law 59

LexBlog IP

AUGUST 19, 2021

This case is another example of the Court striving to preserve the inter partes review (IPR) system, which allows anyone to file a petition requesting that the Patent Office cancel another’s patent. ” More than one century later, in 2017, the Supreme Court confirmed in Oil States Energy Service, LLC, v.

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Patent Troll Inventor Patent Invention 52

The TTABlog

MARCH 9, 2023

The Board sustained the examiner’s determination that “churrascos” is a generic term with respect to restaurant services only after concluding that the examiner had proved this fact by clear and convincing evidence. One judge stated that, ‘the guidance memos from the director, the precedential decisions, [and] the Management Review process.

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Reporting Registration Editing Invention 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The AIA featured provisions for review of Covered Business Method patents, allowing the PTAB to review patents directed to financial services. The impact of Alice was more significant for the financial services sector, where the AIA featured provisions for review of Covered Business Method patents. Alice Decision.

Law 40

Law Patent Technology Art 40

JIPEL Copyright Blog

APRIL 30, 2021

walked away victorious from consolidated inter partes reviews of a Gamevice Inc. Many have turned to social networking services to express their criticisms towards Gamevice and have initiated informal petitions to prevent Gamevice from suing Nintendo. As Law 360 stated, “Nintendo Co.

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Invention Patent Infringement Marketing Marketing 40

LexBlog IP

DECEMBER 6, 2021

In the software industry, protecting your brand is just as crucial as protecting your product or service. In addition, copyright protection allows registrants the ability to withhold proprietary code from the public, which may be an essential part of a software’s competitive advantage.

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Intellectual Property Patent Application Invention Branding 52

Bio Law Blog

JANUARY 8, 2020

The Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March 2010. This year, the BPCIA turns 10. While the U.S. Biosimilars Pathway has been slow to take shape, 26 biosimilars have now been approved (with 20 approvals in the past two years).

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Marketing Marketing Settlement Litigation 40