Remove topics abuse-of-discretion
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PTAB Updates and Expands the Director Review Process and Offers Transparency in Ex parte Appeals

LexBlog IP

To minimize the potential avalanche of such requests, the Office explains the limited instances where the Director may review institution and final written decisions: (i) an abuse of discretion or (ii) important issues of law or policy. Success in seeking Director review is not common. But appealing is time- and resource-intensive.

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Is disgorgement the new normal in Lanham Act cases?

43(B)log

The district court acted within its discretion in doing so, and properly cancelled the damages phase of the jury trial because no other witness had been disclosed on damages. Clean & Sober Media, LLC, 2021 WL 3702243, No. 19-56008, No. 19-56072, Fed.Appx. - (9 th Cir. So, is damage to the plaintiff part of the cause of action or no?

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OneSubsea IP UK Ltd. v. FMC Tech., Inc., No. 22-1099 (Fed. Cir. May 23, 2023)

Intellectual Property Law Blog

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285 and certain circumstances that do not make a case exceptional. FMC’s accused device].

IP 130
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Fifth Circuit Affirms That Ericsson’s Offers to HTC Complied With ETSI FRAND Commitment (HTC v. Ericsson)

LexBlog IP

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. Background.

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OneSubsea IP UK Ltd. v. FMC Tech., Inc., No. 22-1099 (Fed. Cir. May 23, 2023)

LexBlog IP

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § § 285 and certain circumstances that do not make a case exceptional. FMC’s accused device]. § 285.

IP 52
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2021 Post-Grant Report

Fish & Richardson Trademark & Copyright Thoughts

Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] 1] Nevertheless, the PTAB remains the most active forum for patent disputes nationwide, handling significantly more matters in 2021 than both the Eastern and Western Districts of Texas and the District of Delaware. [2]. Download a PDF.

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A Look Back at India’s Top IP Developments of 2023

SpicyIP

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. A special thanks to Mr. G.

IP 124