Intellectual Property Law Blog

FEBRUARY 14, 2024

The Federal Circuit reiterated prior case law holding that IPR proceedings are formal adjudications that must satisfy the Administrative Procedure Act (“APA”). ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed.

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LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. The determining factor for determining the application of duty of disclosure is the individual’s relationship to the proceeding, and the type of proceeding before the USPTO. Who Has a Duty to Disclose. 37 CFR 1.56(b)

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Patently-O

MAY 23, 2022

These efforts helped to persuade ITC administrative law judges to implement Markman hearings. PATENT INSTITUTIONS AND ADMINISTRATIVE REVIEW PROCEEDINGS. JUDICIAL PATENT PROCEEDINGS AND CASE MANAGEMENT. CRIMINAL PROCEEDINGS. SELECTED TOPICS. JUDICIAL INSTITUTIONS. PATENT INVALIDITY. PATENT INFRINGEMENT.

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Patent Litigation Intellectual Property Intellectual Property Law 67

Intepat

OCTOBER 17, 2023

Health and Education – Indispensable Factors Health consistently holds a prominent position in G20 conferences, with global discussions on this vital topic being a common occurrence. Tackling Corruption to protect IP The aim of all signatories in the Summit was also to eliminate corruption to the fullest.

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SpicyIP

OCTOBER 19, 2023

Despite these advancements, the efficiency of the database (or the larger issue of transparency in the administration of IP institutions) has remained a consternating concern, often leaving practitioners dissatisfied. The topic was particularly pondered in a post called “ Is “Science” Essential for Creating Patent Lawyers ?”

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Technology & Marketing Law Blog

JUNE 1, 2022

Given the strength of the 11th Circuit decision, it would be ideal to have that opinion frame SCOTUS’s consideration of the topic. NetChoice/CCIA “ Emergency Application for Immediate Administrative Relief and to Vacate Stay of Preliminary Injunction Issues by the United States Court of Appeals for the Fifth Circuit.” RCFP et al.

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SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Read Anupriya’s excellent post here.

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LexBlog IP

APRIL 13, 2023

The letters themselves are called Notice of Penalty Offense (Notice) letters, and since it has been awhile since we discussed the topic, we will provide a brief recap of the legal authority that the agency is invoking. And the breadth of this latest Notice is particularly noteworthy.

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The IPKat

SEPTEMBER 12, 2021

Later in the judgment at [48], Mr Justice Mellor in this case neatly summarized the touchstone for expedition as being that " reasons in favour of expedition must be sufficiently powerful to outweigh any interference with the administration of justice, prejudice to others and any special factors against expedition." See [13], [21].

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LexBlog IP

OCTOBER 27, 2021

The first study covering these topics was released on March 13, 2018, and the second on July 18, 2019. Food and Drug Administration’s (FDA’s) electronic Orange Book database. Based on this data, it seems that the scales are currently tipped towards patent owners in PTAB proceedings.

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Patent Settlement Litigation Reporting 52

TorrentFreak

SEPTEMBER 15, 2021

As we reported back in July, various movie companies known for demanding cash settlements have been massing under a legal partnership called FACT Administration LLP , which has direct connections to the Federation Against Copyright Theft.

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Settlement Copyright IP Reporting 98

LexBlog IP

JULY 28, 2022

This is a very unusual position for a body generally considered to be more administrative than political. Extension of time for proceedings for parties established in Ukraine. This is a “compulsory licence” mechanism that exists in most countries and recently became a hot topic in relation to COVID vaccines. a) Before the EPO.

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Patently-O

FEBRUARY 24, 2022

The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. The question in the petition is whether the Federal Circuit is permitted to “reverse an administrative agency’s decision on a factual ground not addressed by the agency.”

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Patent Law Law Patent Litigation 95

IP Tech Blog

JULY 28, 2022

This is a very unusual position for a body generally considered to be more administrative than political. Extension of time for proceedings for parties established in Ukraine. This is a “compulsory licence” mechanism that exists in most countries and recently became a hot topic in relation to COVID vaccines. a) Before the EPO.

Intellectual Property 57

Intellectual Property Government Designs Design 57

LexBlog IP

FEBRUARY 14, 2024

The Federal Circuit reiterated prior case law holding that IPR proceedings are formal adjudications that must satisfy the Administrative Procedure Act (“APA”). ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed.

Inventor 52

Inventor Patent Art Law 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] patent; and 3) that an industry with respect to articles protected by the patent exists or is in the process of being established. [3]

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Litigation Cease and Desist Patent Infringement Intellectual Property 52

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) I have subjectively ordered the cases with the most important or most likely cases toward the top. ” 16.

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Patent Law Law Patent Invention 125

Michael Geist

APRIL 6, 2022

That post examined the implications of the policy for press independence, competition and innovation, compensation without value, reliance on big tech, and administrative and governance risks. I wrote in great detail yesterday about why the bill is bad for press independence and competition.

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IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. Classification is important because it will define the scope of protection of the design in case of infringement and invalidation proceedings. When filing a design patent in China, the applicant must indicate the class of products to which it belongs. 2035???????,

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LexBlog IP

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. Classification is important because it will define the scope of protection of the design in case of infringement and invalidation proceedings. When filing a design patent in China, the applicant must indicate the class of products to which it belongs.

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Design Patent Designs Design Patent 52

43(B)log

FEBRUARY 17, 2022

The control group was shown the same stimulus but with the following disclaimer added: “The Food and Drug Administration has not reviewed Tru Niagen for effectiveness.” While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he

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False Advertising Advertising Advertising Social Media 59

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. In our view, they are unlikely to shorten appeal proceedings, will reduce the quality of decisions, and are unfair on Respondents so should not be adopted in full.

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Blogging Law IP Copyright 64

LexBlog IP

APRIL 20, 2023

” In order to protect individuals under HIPAA, HHS proposes to newly require entities to obtain an attestation prior to certain uses and disclosures of PHI without the individual’s authorization under the Privacy Rule (at 45 C.F.R. § § 164.509). § 164.509).

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Privacy Law Blogging Confidentiality 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The court grants the reproduction of a work for judicial proceeding protection under the ambit of the fair use doctrine. If periodicals reproduce articles on current topics, they are not infringing copyrighted work. – The courts of law usually desist from granting injunction based on the principle of freedom of expression.

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IP and Legal Filings

DECEMBER 9, 2022

These laws have also been accompanied by a number of implementation regulations and administrative rules. It broadens the CSL’s coverage of certain topics by emphasising national security and classifying data according to how important it is to Chinese national security. Data Security Law (DSL).

Privacy 85

Privacy Law Business Branding 85

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

6 grants “unreviewable authority” within the executive branch to Administrative Patent Judges (APJs) “incompatible with their status as inferior officers” under the Appointments Clause of the United States Constitution. Factor 3: investment in the parallel proceeding by the court and parties – Favors Institution. “[A]lthough

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The IPKat

DECEMBER 21, 2021

Whether or not they are taken up, however, his analysis is a valuable addition to the literature on this important topic. Rendas’ proposals for reform are balanced and well thought out, and merit consideration by policy makers. Details: Wolters Kluwer, 2021 ISBN 978-94-035-2395-8 Price £122.

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Copyright Law Law Copyright Fair Use 113

LexBlog IP

NOVEMBER 8, 2023

If the use has clearly taken place and ceased before the exercise of the application, article 49 of Law 2121/1993 is applicable, dealing with reasonable and uniform remuneration in the context of regular proceedings or trials.

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Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. The bill explicitly permits the money to be spent on administrative overhead instead of actual journalism. For more on this topic, see Ashutosh A. The CJPA is none of that. Free Speech L. 127 (2022).

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SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Furthermore, the court declared the defendant’s ‘N’ mark as a well-known mark. Apollo Tyres Limited vs M/S Jay Polymers & Ors.

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Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

1] A 5-4 majority concluded that the America Invents Act grants “unreviewable authority” within the executive branch to administrative patent judges “incompatible with their status as inferior officers” under the appointments clause of the U.S. Supreme Court decided the highly anticipated U.S. Arthrex Inc. In the Sept.

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LexBlog IP

JUNE 2, 2023

Proceedings were issued in parallel across multiple jurisdictions. This agreement will be considered by the other UPC signatory states during the next meeting of the Administrative Committee in June 2023. Before 1 June 2023 classic European patents were enforced on a country-by-country basis.

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Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. I agree that it’s weird to incorporate a criminal mens rea standard with a civil claim, but we pointed this out to Congress and they proceeded anyways. Cases are already going up on appeal, so there will be a lot more law coming on these issues soon. * * *.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Alvotech has also announced results from a randomized study in patients that demonstrate bioequivalence of repeated switches between administration of Humira ® (adalimumab) and Alvotech’s high-concentration proposed biosimilar, AVT02, to administration of Humira ® without switching. See, e.g. , Dkt.

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LexBlog IP

DECEMBER 29, 2022

Given the Biden Administration’s objective of fostering worker mobility, 2022 will likely see additional efforts at the federal level to curb the use of non-compete and no-hire agreements, particularly with respect to lower waged workers.

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LexBlog IP

MARCH 12, 2023

He also discusses the unique qualities of trade secret cases that prompted the TSCMJG, including (1) the challenges of trade secret identification; (2) the highly emotional nature of trade secret cases, and (3) the interplay between criminal and civil proceedings in these cases. Hugo Glazman thinks so in an article for ALM Benefits Pro.

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Technology & Marketing Law Blog

JULY 6, 2022

.” Over time, he took many steps to link the page with his job: the “About” section self-described as “Daddy to Lucy, Husband to Jessie and City Manager, Chief Administrative Officer for the citizens of Port Huron, MI.”. Future Proceedings. he listed the Port Huron website URL as his page’s website. Ziegenhorn.

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