Intellectual Property Law Blog

FEBRUARY 14, 2024

ParkerVision’s patent owner response relied on the ‘551 Patent’s disclosure to argue that the “storage element” in claim 3 above should be construed as “an element of an energy transfer system that stores non-negligible amounts of energy from an input electromagnetic signal.” ParkerVision, Inc., Katherin K. 2022-1548, (Fed.

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Inventor Patent Art Law 130

LexBlog IP

DECEMBER 1, 2022

The proposed changes aim to align the requirements of Part 2 with the HIPAA Privacy Rule to provide greater care coordination so that treatment and recovery supports for SUD are more accessible for patients with SUD challenges. Breach Notification: Updated breach notification requirements to HHS and affected patients.

Privacy 52

Privacy Confidentiality Blogging Law 52

LexBlog IP

MAY 12, 2022

In case you can’t make the presentation, here’s an excerpt of one of the topics covered: The 3 C’s of Affiliate Marketing Disclosures: Clear Conspicuous Content. Clients often seek my counsel on issues related to Affiliate Marketing legal disclaimers and disclosures. Affiliate Disclosure Content.

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Advertising Advertising Marketing Marketing 52

Patently-O

APRIL 28, 2022

Section 112(a) includes three disclosure requirements: written description; enablement; and best mode. 132(a) (“No amendment shall introduce new matter into the disclosure of the invention.”). I would love to hear your thoughts on this topic. by Dennis Crouch.

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Inventor Invention Art Litigation 105

SpicyIP

SEPTEMBER 18, 2021

Intellectual property seeks to achieve certain objectives such as disclosure, dissemination of information and creation of innovations. Intellectual property, especially trade secrets are seen as the biggest hurdle in this context and therefore requires appropriate checks and balances. Sep 22, 2021 07:00 PM Mumbai, Kolkata, New Delhi.

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Intellectual Property IP Technology Law 142

The IPKat

DECEMBER 31, 2021

In the US, disclosures made by an inventor (or someone who obtained the subject-matter from the inventor), up to 1 year from the priority date, do not constitute prior art for the patent ( AIA 35 U.S.C. In South Korea, for example, the national KR filing has to be filed within 12 months of the disclosure. 102(b)(1)(A) ).

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The IPKat

OCTOBER 2, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 arose from a case seeking guidance on the evidence requirement for a purported technical effect relied on for inventive step ( IPKat ). This often creates a problem for applicants in cases where a purported technical effect requires experimental evidence.

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Invention Art Publishing Patent 70

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. This has led to increasing calls for transparency requirements. Introduction Generative AI is one of the hot topics in copyright law today. From the input perspective, the main issue relates to the activities needed to build an AI system.

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Copyright Fair Use Copyright Law Law 138

LexBlog IP

APRIL 20, 2023

Under the Privacy Rule, this principal is reasonably balanced against the interests of providers and society in allowing appropriate disclosures of PHI, including for treatment or operational purposes. requires heightened protections” under HIPAA because of its sensitivity. § 164.509). § 164.509). .”

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Privacy Law Blogging Confidentiality 52

Plagiarism Today

JANUARY 27, 2022

ICANN controls the system by requiring registrars, the companies that sell domain names, to maintain the system on their servers. Even back then, privacy issues were a hot topic with many concerned that such a public database of personal information would lead to spam, harassment and other issues. These privacy issues are not new.

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Privacy Registration Plagiarism Publishing 303

LexBlog IP

NOVEMBER 3, 2023

RLP submitted almost 1000 pages of trial exhibits completely under seal and did not provide the relevant public and redacted versions required by the Board. Instead, the TTAB focused primarily on the evidence submitted by RLP, specifically, that much of it was erroneously submitted under seal or improperly authenticated by Notice of Reliance.

Confidentiality 52

Confidentiality Registration Trademark Intellectual Property 52

Technology & Marketing Law Blog

MAY 17, 2022

(There is a related but unanswered question here: COPPA spells out formation requirements for under-13s, including the need for parental consent. Also, Roblox’s TOS seemingly did make the disclosure, but the court apparently treats TOS’s failure as mooting the disclosure. As a result, the TOS fails. ” UCL.

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Contracts Publishing Licensing Editing 122

Technology & Marketing Law Blog

JUNE 10, 2022

Both Groups require prospective members to undergo a screening process. The ECPA requires the plaintiff to show that “her posts in the Groups were not readily accessible by the general public.” it might very well want to deploy more visible disclosures informing users what “private” means and doesn’t mean.

Privacy 133

Privacy False Advertising Contracts Advertising 133

TorrentFreak

FEBRUARY 20, 2024

Early last year, a group of filmmakers obtained a subpoena which required Reddit to reveal the identities of users who commented on piracy-related topics. After this initial disclosure in March last year, no new information surfaced in 2023. Reddit wasn’t willing to go along with the request, at least not in full.

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Social Media IP Copyright Infringement Copying 94

Patently-O

MAY 31, 2023

This discovery is especially important because it tells us that overcoming any female productivity deficit requires both the removal of barriers to accomplishment as well as proper attribution. Could this imply traditional invention disclosure processes that require proactive inventor identification deter women?

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Inventor Invention Intellectual Property Business 105

Technology & Marketing Law Blog

JUNE 27, 2022

Furthermore, age authentication usually also requires identity authentication, and that will end anonymous/unattributed online activity. adults) to the heightened obligations required for children, businesses still could not comply with this bill. Third, this bill reaches topics well beyond children’s privacy.

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Privacy Designs Design Business 137

IP and Legal Filings

MARCH 23, 2023

Introduction When the companies were “originally founded, the only conceivable means to get a unanimous decision was by voting, which required the actual attendance of all members. This regulation required increased openness in voting and disclosure of the procedures used to establish a shareholder’s voting rights.

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The IPKat

NOVEMBER 14, 2022

However the two recent posts of this very same blog, one on the preliminary opinion of EBA on plausibility (G2/21, here ), the other on the requisite of sufficiency of disclosure for a first medical use patent (T0424/21, here ) have removed any doubt on whether or not to try and cover it.

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IP Marketing Marketing Confidentiality 76

The IPKat

OCTOBER 9, 2023

(Article 22) The length of the minimum period for keeping the design unpublished (Rule 6) Disclosure of traditional knowledge used in the design? Inclusion of the traditional knowledge-requirement was proposed in 2015 by the African Group of Member States. Sure, there are recurring methodical rules and practices and a proposed agenda.

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Designs Design Law Trademark 70

Patently-O

FEBRUARY 27, 2024

Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. But who is PHOSITA? ” But in Netflix , the Federal Circuit only cited KSR twice.

Art 122

Art Invention Patent Application Patent 122

LexBlog IP

APRIL 20, 2023

In its announcement, OCR noted that it is supporting continued utilization of telehealth services by providing a 90-day transition period for providers to “come into compliance” with HIPAA requirements applicable to the provision of telehealth, starting May 12, 2023, and ending August 9, 2023.

Blogging 40

Blogging Privacy Business Law 40

IP and Legal Filings

FEBRUARY 5, 2024

Over the course of the late 1980s and early 1990s, unethical business activities and dubious corporate policies plagued the global corporate sector, giving rise to the topic of corporate governance. Independent directors may be required to pass this course before being appointed.

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Government Business Reporting Confidentiality 78

Technology & Marketing Law Blog

JUNE 1, 2022

At the same time, the Fifth Circuit’s unleashing of HB 20 without any explanation and without a delay to allow for orderly appeals was condemnable (and ironic, in that HB 20 requires Internet services to provide more explanations than the Fifth Circuit provided in upholding the explanations requirement). ” I agree.

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Social Media Blogging Law Technology 121

TorrentFreak

JANUARY 24, 2024

Early last year, a group of filmmakers obtained a subpoena, requesting Reddit to reveal the identities of users who commented on piracy-related topics. ” Secondly, since Reddit doesn’t require users to verify their identities, IP addresses are sensitive information.

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IP Copying Copyright 94

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

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Art Business Patent Settlement 49

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. The President is required to report annually to Congress foreign entities and individuals who engage in trade secret theft that pose a threat to the country and sanction such entities and individuals.

Confidentiality 52

Confidentiality Litigation Business Law 52

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

When courts change the status quo, due process requires that they explain their reasons so that the explanation can be contested in further proceedings. Here’s where they stand after the Fifth Circuit’s ruling: mandatory editorial transparency requirements. This is the same outcome as the 11th Circuit.

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Social Media Publishing Law Blogging 136

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? The consistency requirement (§ 501.2041(2)(b)) and the 30-day restriction (§ 501.2041(2)(c)) also—if somewhat less obviously—restrict editorial judgment.

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Social Media Law Blogging Publishing 96

Intellectual Property Law Blog

MAY 2, 2023

The AI Bill of Rights is a voluntary, non-binding framework, but federal agencies likely will consider it as they craft guidance and requirements regarding the development and use of artificial intelligence. This Guidance covers some important topics.

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Government Business Licensing Copyright 237

Patently-O

NOVEMBER 6, 2022

The problem is that there isn’t just one antibody that meets this requirement – rather, it encompasses potentially millions of currently unknown antibodies. Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, 35 U.S.C. §

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Invention Art Patent Law Intellectual Property 64

LexBlog IP

JANUARY 23, 2024

The USPTO is now committed to providing clarity on these topics in In re Xencor. While a different standard of compliance is not applied, different levels of disclosure may satisfy the general antibody claim as between its MPF version. Clearly, when you claim less, the necessary scope of enablement is less per the Amgen quote above.

Invention 52

Invention Art Law Technology 52

LexBlog IP

FEBRUARY 14, 2024

ParkerVision’s patent owner response relied on the ‘551 Patent’s disclosure to argue that the “storage element” in claim 3 above should be construed as “an element of an energy transfer system that stores non-negligible amounts of energy from an input electromagnetic signal.” ParkerVision, Inc.,

Inventor 52

Inventor Patent Art Law 52

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. We agree with the district court that the language UIRC did draft lacks the creative expression required for copyright protection. Instead, it copied much of the language from the Idaho materials.

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Copyright Copying Copyright Infringement Editing 46

Patently-O

APRIL 14, 2023

Judge Newman was eloquent, coherent, cogent, and spoke passionately about various topics, including section 101 (which requires a bit of mental agility, I would say). ” (Full disclosure: I’m on an amicus brief with a different group in that case, available here.) I was there speaking on patent ethics.)

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Reporting Publishing IP Law 53

TorrentFreak

OCTOBER 21, 2021

The owner of every domain name on the Internet is required to supply personal information when they buy a domain. According to the group, ICANN’s policy that requires privacy and proxy services to disclose registrant data has been fully approved. This starts with the domain name registration. GDPR Byspass?

Privacy 118

Privacy Registration Intellectual Property Copyright 118

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. The President is required to report annually to Congress foreign entities and individuals who engage in trade secret theft that pose a threat to the country and sanction such entities and individuals.

Confidentiality 52

Confidentiality Business Intellectual Property Litigation 52

SpicyIP

JULY 26, 2021

Topical Highlight. He then discusses the possible remedies of compulsory licensing and revocation of patent that are available in case of non-working and then goes on to highlight the importance of disclosure of working requirements under Section 146 of the Patent Act for these remedies.

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Copyright Patent Television Intellectual Property 97