IPilogue

JANUARY 23, 2023

1 legislation passed back in June 2022 to increase the term of copyright protection from 50 years to 70 years following the end of the calendar year of the author’s death. Following CUSMA, the Government of Canada commenced public consultations in early 2021 on the implications of the proposed copyright term extension.

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Government Copyright Intellectual Property Law Public Domain 104

JD Supra Law

OCTOBER 20, 2022

There is a deepening circuit split on whether the US Copyright Act preempts contract claims arising from terms of service. A recent petition to the US Supreme Court by a song lyrics website highlights this, with potentially broad implications for the enforceability of website terms of service. By: White & Case LLP

Contracts 124

Contracts Copyright 124

SpicyIP

DECEMBER 17, 2023

Image from here [ This post is authored by Prachi Mathur and is part II of the three-part post on terms of copyright and translations. In Part I of the post, I discussed the relevant context for the term of copyright protection in India. Prachi, who wrote this while interning with SpicyIP, is a Third-Year B.A., page 143 ).

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Copyright Publishing Music Artistic Work 59

Erik K Pelton

OCTOBER 12, 2021

The post Key Trademark Search Terms appeared first on Erik M Pelton & Associates, PLLC. Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth. Erik clarifies the various trademark search types in this episode.

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JD Supra Law

MARCH 4, 2024

The indiscriminate or reflexive filing of an IDS can, however, result in the accumulation of substantial applicant delay under 37 CFR § 1.704, reducing any potential award of Patent Term Adjustment (PTA) under 37 CFR § 1.703. PTA penalty accumulated as a result of IDS filings can be minimized by following two simple.

Intellectual Property 62

Intellectual Property Patent 62

JD Supra Law

FEBRUARY 16, 2022

Patent term extension (PTE) provides additional patent term for patents related to U.S. pharmaceutical products to compensate for the effective loss of patent term caused by delay during the drug approval process by the U.S. Food and Drug Administration (FDA). By: MoFo Life Sciences

Patent 98

Patent 98

JD Supra Law

FEBRUARY 21, 2024

23-1194, concerning a claim term that the District Court had found indefinite, rendering U.S. To follow up on my February 6, 2024 post, Federal Circuit Judges Prost, Taranto, and Chen heard oral argument on February 9, 2024 in Maxell v. Amperex, No. 9,077,035 invalid. By: Axinn, Veltrop & Harkrider LLP

Patent 62

Patent 62

Patently-O

NOVEMBER 13, 2022

But, there are several circumstances that might alter the patent term. One circumstance involves unduly delayed patent prosecution that results in “patent term adjustment” or PTA under 35 U.S.C. In the standard case, a US utility patent will expire 20 years from its effective filing date.

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Patent Prosecution Patent 124

Traverse Legal Blog

FEBRUARY 22, 2022

Because it’s fairly easy to list a property for short-term rent, you may be asking yourself the question of “why do I need legal help with my vacation rental? However, when you’re listing a property on Airbnb or plan or doing any sort of short-term rental, it’s vital that you understand what legal issues may arise.

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Law Contracts Business Litigation 97

Intellectual Property Law Blog

MAY 11, 2021

1] That goal, however, is unlikely to be affected by such a waiver in the short term due to uncertainty in World Trade Organization (“WTO”) politics, ongoing shortages on raw materials and equipment, and lag-time in retrofitting potential manufacturers. FOOTNOTES. [1]

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Intellectual Property Patent Infringement Patent Technology 246

JD Supra Law

NOVEMBER 28, 2023

Share on Twitter Print Share Back to top The Patent Term Extension (PTE) provisions of 35 U.S.C. 256 were enacted as part of the Drug Price Competition and Patent Term Restoration Act of 1984.

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Patent Marketing Marketing 73

IP Law 360

JULY 1, 2022

Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term.

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JD Supra Law

OCTOBER 10, 2022

Last week marked the start of the Supreme Court’s October 2022 Term. That meant another “long conference” order list acting on most of the petitions that had accumulated over the summer. The Court did not grant any new cases from the Federal Circuit.

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IP Law 360

OCTOBER 1, 2022

The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives.

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IP Tech Blog

JULY 15, 2022

Given the complete lack of evidence of notice within Defendant’s service itself, Plaintiff’s ongoing use of the service is irrelevant to determining whether he had actual or constructive notice of the post-2011 terms of service. Dropbox moved to compel arbitration arguing that under its amended terms of use, the claim had to be arbitrated.

Contracts 113

Contracts Technology Blogging IP 113

McKinsey Operations

APRIL 10, 2023

Our latest survey of chief investment officers of long-horizon equity funds shows (again) that they seek to invest in companies that prioritize long-term business fundamentals over short-term targets.

Business 109

Business 109

IP Tech Blog

DECEMBER 2, 2021

A recent High Court decision in the case of Blu-Sky Solutions Limited (“ Blu-Sky ”) v Be Caring Limited (“ BCL ”) has put terms and conditions into the spotlight. By signing the order form, you agreed to have gone onto Blu-Sky’s website, to have read and understood the terms, and agreed to be bound by them. Use simple language.

Contracts 62

Contracts Copying Blogging IP 62

The Illusion of More

DECEMBER 8, 2022

As part of its commitment under the USMCA Trade Agreement, Canada has now extended its copyright term of protection from life-of-the-author plus fifty years to life-of -author plus seventy years, thereby harmonizing this aspect of its copyright law with the United States, the EU nations, the UK, and others.

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Copyright Copyright Law IP Law 80

LexBlog IP

NOVEMBER 26, 2023

9 November 2023 was a crucial date for Australian businesses because from that date significant penalties can now be imposed on businesses found to have unfair contract terms (UCT) in their contracts. The Federal Government had introduced significant changes to laws relating to UCT on 10 November 2022.

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Contracts Business Government Law 52

JD Supra Law

AUGUST 30, 2023

This week’s Federal Circuit decision confirms that term-adjusted patents can be invalidated by earlier-expiring patents in the same patent family under the obviousness-type double patenting (ODP) doctrine.

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Patent Invention 70

IP Watchdog

NOVEMBER 9, 2021

A judge has affirmed the ability of the UK courts to settle FRAND terms of a patent license covering foreign patents, despite the defendants challenging the court’s jurisdiction. I doubt that it can be sustained in the long term.”

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Licensing Litigation Publishing Patent 116

Patently-O

APRIL 14, 2024

by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. § Patentees often receive PTA due to USPTO delays that otherwise eat into the 20-year patent term.

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Patent Invention Art Patent Law 45

JD Supra Law

FEBRUARY 29, 2024

The US Court of Appeals for the Federal Circuit vacated a district court’s final judgment of noninfringement, finding that the district court improperly narrowed the constructions of certain claim terms to particular features recited in the specification. Promptu Sys. Comcast Corp., 22-1939 (Fed. 16, 2024) (Moore, Prost, Taranto, JJ.).

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SpicyIP

DECEMBER 16, 2023

Discussing the history of the term of copyright and translation rights in Independent India by sifting through the Parliamentary Debates, we are pleased to bring you this three part post by Prachi Mathur. Shrimali, the term of both copyright and the term of translations was set at 25 years. Image from here.

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Copyright Artistic Work Publishing Public Domain 59

JD Supra Law

JULY 21, 2023

However, the use of a restrictive definition of a claim term in an earlier parent application does not reinstate that restrictive definition in a later continuing application that purposely deletes the term, even if the earlier parent application is incorporated by reference. By: Manatt, Phelps & Phillips, LLP

Patent 52

Patent 52

IP Law 360

JULY 1, 2022

The October 2021 Supreme Court term will be remembered as the most consequential one in generations, experts said, pointing to sweeping rulings affecting the rights of millions of Americans and establishing a new conservative vision of constitutional law.

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Law 98

JD Supra Law

MAY 5, 2023

This omnibus bill includes proposed amendments to the Patent Act required for Canada to comply with its international obligations concerning patent term adjustment. Bill C-47, entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023,” had its first reading in the House of Commons on April 20, 2023.

Patent 97

Patent 97

IP Law 360

DECEMBER 14, 2023

Made-up patent claim terms can open arguments that means-plus-function claim interpretation applies under the Patent Act, but a series of practice tips, including the use of structural language immediately after introducing a claim element, can help avoid such perceptions, says Brad Luchsinger at Harness IP.

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Patent IP 59

IP Law 360

JULY 3, 2023

The court's conservative supermajority continued to upend precedent this term, but the justices didn't always fall along ideological lines in blockbuster cases. The dissents were no less spicy, though they sometimes pitted longtime allies against each other.

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JD Supra Law

SEPTEMBER 18, 2023

Recently, the Federal Circuit addressed a significant issue of first impression with respect to obviousness-type double patenting (ODP), holding that ODP applies to patent claims that claim priority to the same application and have different expiration dates due only to patent term adjustment (PTA). By: MoFo Life Sciences

Patent 68

Patent 68

JD Supra Law

SEPTEMBER 18, 2023

The Federal Circuit has ruled that when members of a patent family have different expiration dates due to patent term adjustments (PTAs), the earlier-expiring patent family members can be used as a basis for an Obviousness-Type Double Patenting (ODP) invalidity challenge against the later-expiring family members. By: AEON Law

Patent 68

Patent Law 68

JD Supra Law

SEPTEMBER 5, 2023

In In re Cellect, the Federal Circuit effectively held that Patent Term Adjustment (PTA) awarded under 35 USC § 154 is not protected from obviousness-type double patenting (OTDP) in view of a patent with the same 20-year term, such as may arise between a parent and child patent.

Patent 62

Patent 62

IPilogue

JULY 27, 2022

On June 23 rd , 2022, the Parliament of Canada passed legislation to extend the term of copyright protection in literary, dramatic, musical and artistic works from life of author plus 50 years to 70 years. Experts have also pointed to studies conducted in other countries that show the negative effects of copyright term extension.

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Public Domain Copyright Artistic Work Registration 130

IP and Legal Filings

OCTOBER 31, 2023

Introduction with the term “Generic” The literal meaning of a generic term is “a word or phrase that cannot acquire a secondary meaning because it is a general or common term for the product or service offered”.However, com” to a generic term create a Trademark? the case of Delhivery Pvt Ltd v. trademark law.

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Trademark Trademark Law Registration Fair Use 59

Technology & Marketing Law Blog

DECEMBER 28, 2022

Coinbase’s standard terms required consumers to arbitrate their disputes with Coinbase. However, the terms accompanying the Dogecoin sweepstakes offer contained an exclusive forum selection clause, requiring resolution of disputes in California courts. Users sued Coinbase and its marketing agency, asserting claims under state law.

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Marketing Marketing Contracts Blogging 90

IP Law 360

FEBRUARY 2, 2024

Patent and Trademark Office is going for an early win in Virginia federal court where Danish drugmaker H. Lundbeck A/S is seeking to extend the life of a patent for a PTSD drug by three months, calling the case straightforward.

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Patent Trademark 105

IP Law 360

MAY 18, 2023

Though a California federal court recently ruled that alleged copycats had infringed Yuga Lab’s trademark of its Bored Ape Yacht Club non-fungible token collection, the defendants' arguments illustrate why NFT creators must carefully consider their intellectual property licensing terms before selling virtual products on the blockchain, says Kevin Pasquinelli (..)

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Non-Fungible Tokens Licensing Trademark Intellectual Property 75