Intellectual Property Pulse

Federal Circuit Emphasizes the Importance of Prosecution History in Resolving Ambiguous Claim Terms in University of Massachusetts v. L’Oréal USA, Inc.

JD Supra Law

JULY 12, 2022

On June 13, 2022, the Federal Circuit issued a precedential opinion that vacated the district court’s judgment of indefiniteness, deciding that the ruling was based on an erroneous claim construction. The patents-in-suit claimed methods for skin enhancement by topical application of compositions containing adenosine.

Patent

U Mass v L’Oréal: Avoiding indefiniteness through claim construction

Patently-O

JUNE 15, 2022

This opinion nominally addressing indefiniteness illustrates the power of de novo claim construction review at the Federal Circuit. UMass’s claimed invention is a topical skin care product containing adenosine that is applied to the skin. Beauty, after all, is “in the eyes of the beholder.”” L’Oréal USA, Inc. ,

Invention

Invention Inventor Blogging Patent

Prosecution Pointer 289

LexBlog IP

AUGUST 10, 2021

The guidance and materials cover topics such as interview practice, subject matter eligibility, anticipation, obviousness, written description, indefiniteness, and more. The USPTO provides their examination guidance and training materials online; a link to the page can be found here. Read more.

Intellectual Property

District Court Enforces DOL Investigative Subpoena Against Plan Service Provider Concerning Alleged Cybersecurity Breaches

LexBlog IP

NOVEMBER 23, 2021

Alight also contended that the document requests in the subpoena were “too indefinite.” ” The Court did not find any of them to be so indefinite that Alight should be relieved of its compliance obligation.

Reporting

Reporting Business Blogging Law

Journey Through “Septembers” on SpicyIP (2005 – Present)

SpicyIP

OCTOBER 19, 2023

The recent public notice by CGPDTM limiting access to trademark public search and E-Registry features for indefinite time serves as a reminder that challenges persist, necessitating continual enhancements and the resolution of systemic issues. where Prof. That’s a wrap for the sift of Septembers!

Patent Prosecution

Patent Prosecution Reporting Blogging Patent

What is a Method of Medical Treatment?

IPilogue

DECEMBER 3, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. But a common law solution may be preferable to waiting indefinitely for legislative change. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program.

Intellectual Property Law

Intellectual Property Law Patent Infringement Intellectual Property Law

Seeing Clearly: Article III Standing of IPR Judicial Review

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.

Art

Art Business Patent Settlement

TTAB Affirms Refusal to Register Handbag Shape: Generic and (Alternatively) Lacking Acquired Distinctiveness

The TTABlog

JANUARY 24, 2022

The applicant claimed that it has policed the "mark" but its proofs were indefinite and not probative. I blogged some thoughts on this topic a few years ago [ here ], although I did not include a discussion of "genericnes." The applicant did not offer survey evidence nor any evidence of "look for" advertising. Text Copyright John L.

Designs

Designs Design Registration Music

ChromaDex Milk Vitamin Formulation Patents Soured by Section 101

Bio Law Blog

NOVEMBER 15, 2021

ChromaDex asserted both patents in the Delaware litigation, and Elysium filed motions for summary judgment of non-infringement, indefiniteness and invalidity under 35 U.S.C. § § 101. Two weeks before trial, the district court granted Elysium’s motion for summary judgment under Section 101. See e.g., United Cannabis Corp.

Patent

Patent Invention Litigation Contracts

IP Reveries: Class 4.1 Ruminating on the “R – Rights” of IPR!

SpicyIP

JUNE 19, 2022

interrogated ‘intelligence’ of IPR and noticed how indefinite the term intelligence is; (3.) Let’s keep the how, what, and why-do-so-few–care about these as topics to discuss in another class. Misunderstanding Rights 101! In the first three classes, (1.) we analysed the term “IPR’ and perused its app(e)alling aspects; (2.)

IP

IP Fair Use Invention Copyright

The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. The chances of running the table for the indefinite future feel vanishingly small, even as we enjoy today’s pro-Internet rulings.

Social Media

Social Media Law Fair Use Blogging

AI-Startup Launches Ever-Expanding Library of Free Stock Photos and Music

TorrentFreak

APRIL 13, 2024

While there are always legal issues that can pop up, both services strive to play fair, so they can continue to grow, perhaps indefinitely. Both stock media sites have something suitable for most general topics. However, you won’t find very specific combinations, such as a “ squirrel playing football.

Music

Music Public Domain Copyright Social Media

WIPIP session 6: IP Theory

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Patent law’s central concept of claiming is about avoiding vagueness; doctrines of equivalence, indefiniteness.

IP

IP Marketing Marketing Patent