LexBlog IP

AUGUST 15, 2023

According to the Court’s statistics ( link ), the court reverses only 10% of the appealed Board judgments it reviews. The memo includes a discussion of the following topics, among others: Instances where the Board will not decide all appealed issues.

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Patent Application Patent Designs Design 52

The TTABlog

JULY 28, 2022

Two of the refusals were reversed. Which ones? Results in first comment]. In re Radnet, Inc. 90492198 (July 25, 2022) [not precedential] (Opinion by Judge Marc A.

Designs 64

Designs Design Copyright 64

The IPKat

NOVEMBER 14, 2021

This is the question Miquel Peguera raises on Kluwer Copyright Blog, alongside his analysis of the topic. The Fashion Law analyses the matter, including the decision of the first instance court and its reversion upon appeal. moral rights. Is the Spanish implementation of Art. 17 CDSM compatible with EU law?

Blogging 113

Blogging IP Moral Rights Artwork 113

IPilogue

NOVEMBER 23, 2021

Patent and Trademarks Office (USPTO) closed the public comment period on the contentious topic of patent eligibility. While a vast realm of things can be patented, software and medical devices are frequently hot topics when discussing patent eligibility. On October 15, 2021, the U.S Current State.

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Patent Invention Intellectual Property Inventor 105

TorrentFreak

NOVEMBER 24, 2022

If the topic was switched to fraud, opinions would likely be quite different, and herein lies the problem. It’s a trend Sky is determined to reverse in partnership with the police. In 2022, piracy might form the basis of an investigation, but more often than not, fraud, money laundering, and other serious charges are the outcome.

Television 90

Television Copyright Designs Design 90

LexBlog IP

FEBRUARY 10, 2022

Federal Circuit Reverses Newest Member. Earlier this week, the Federal Circuit was given another opportunity to explore this topic, and the potential policy consequences of such private agreements. The concept of excluding the PTAB via a forum selection clause is not a new idea. In Nippon Shinyaku Co. Sarepta Therapeutics, Inc.,

Confidentiality 52

Confidentiality Invention Litigation Patent 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2021

The journal acknowledged her recent reversal of a PTAB decision that had invalidated her client’s turbine engine patent, as well as her leadership in a multi-patent, multi-jurisdiction infringement dispute that ultimately led to the ITC suspending an exclusion order against her client.

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Journalism Litigation Law IP 40

Technology & Marketing Law Blog

NOVEMBER 6, 2023

The Ninth Circuit reverses. This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. Previous blog post. While the Copyright Act expressly says choreography is copyrightable, it doesn’t define what “choreography” means.

Copyright 75

Copyright Blogging Music Copying 75

The TTABlog

DECEMBER 16, 2022

In its 180th Section 2(d) affirmance this year (against 14 reversals), the Board upheld a refusal to register the mark NATURES STAR HEMP for skin and body topical lotions, creams, balms, and salves for cosmetic use that contain hemp oil extract [HEMP disclaimed], finding confusion likely with the word-and-design mark shown below, for essential oils, (..)

Designs 52

Designs Design Copyright 52

Technology & Marketing Law Blog

MARCH 2, 2023

The law reversed that trend and largely (but not completely) wiped away the business practice. 28, 2023) Prior posts on the Consumer Review Fairness Act and related topics FTC’s Confusing Guidance on How Merchants Should Manage Their Consumer Reviews Review Services Aren’t Liable for Removing Business Profiles (and Associated Reviews)–PCS v.

Contracts 60

Contracts Social Media Business Blogging 60

The IPKat

JULY 25, 2021

The Tiroler Adler may fly, but the Tiroler Katze prefers to snooze The IPKat served as a platform for reporting and debate on a range of topics last week, not least through the range of guest posts published.

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Reporting Intellectual Property Confidentiality Privacy 76

LexBlog IP

FEBRUARY 9, 2023

We know that romance scams are a bit off topic from what we usually write about, but we love this holiday, and knowing that so many people suffer real harm from romance scams brings us down. Try a reverse image search of profile pictures. Think flowers instead of fraud. Hearts instead of heists. Chocolates instead of co-opted crypto.

Social Media 52

Social Media Reporting Intellectual Property 52

The IPKat

FEBRUARY 27, 2022

Also on the topic, the Legal-Patent blog posted a comment on the Protocol on the provisional application of the Agreement on a Unified Patent Court (PAP), which is currently in force, and the possibility of the UPC to materialise in 2022.

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Blogging Design Patent IP Designs 76

LexBlog IP

APRIL 11, 2023

In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed six refusals to register The New York Times Company’s (the “Times”) names of its newspaper columns, THE NEW OLD AGE, A GOOD APPETITE, HUNGRY CITY, WORK FRIEND, OFF THE SHELF, and LIKE A BOSS (the “Marks”).

Registration 52

Registration Trademark Advertising Advertising 52

The IPKat

MARCH 21, 2024

In its first ever substantive decision, the UPC Court of Appeal (CoA) in Luxembourg has reversed the preliminary injunction ordered against NanoString by the Munich Local Division in 10x Genomics v NanoString ( IPKat ). How much the description should be used to interpret the claims is currently a hot-topic at the EPO ( IPKat ).

Invention 57

Invention Art Patent Licensing 57

Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. Yuvaraj and Giblin also test the effectiveness of doctrinal provisions in practice: namely, reversion rights.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Intellectual Property Law Blog

FEBRUARY 14, 2024

2023) as a recent example where it reversed the Board’s exclusion of reply brief arguments addressing a newly raised claim construction. ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. The Federal Circuit pointed to Axonics, Inc. Medtronic, Inc. , 4th 1374, 1380 (Fed.

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Inventor Patent Art Law 130

LexBlog IP

FEBRUARY 23, 2023

But in the precedential ruling In re Lizzo LLC , the Trademark Trial and Appeal Board (the “Board”) reversed the refusal, finding that consumers encountering 100% THAT B H in connection with clothing would associate the phrase with Lizzo and her music. Therefore, it reversed the failure to function refusal.

Trademark 40

Trademark Music Registration Patent 40

TorrentFreak

FEBRUARY 24, 2023

Hollywood’s goal is to ensure that every domain name company, DNS provider, CDN, web hosting service, reverse proxy provider, advertising company and payment processor are bound by the same rules, so that pirates can be more easily identified. If personal information is required, rightsholders should present a court order.

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Publishing Advertising Advertising Music 120

TorrentFreak

OCTOBER 21, 2021

“In addition, ICANN has failed to adopt meaningful solutions to improve the accuracy of registrant information, despite discussions on this topic for the last several years,” the RIAA adds. Reverse Proxy Services to Obfuscate Hosting ISP. GDPR Byspass? The RIAA isn’t happy about ICANN’s GDPR restrictions either.

Privacy 122

Privacy Registration Intellectual Property Copyright 122

SpicyIP

APRIL 10, 2024

In the last few days, the Madras and Delhi High Courts have passed a few significant orders on these topics. Image from here Refuse: (1) to vacate an interim injunction, (2) to remand back to the patent office, and (3) to continue allowance of a patent grant! Let’s take a look at these three orders in this quick tidbit.

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Patent Cease and Desist Invention Art 45

Technology & Marketing Law Blog

MAY 11, 2022

The bill’s restrictions do not apply to: “allowing content to appear in a chronological manner” (does this literally mean only chronological order, or would reverse chronological order also be OK? It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.”

Social Media 142

Social Media Privacy Law Government 142

The IPKat

FEBRUARY 23, 2023

The case Jin is the patentee of ‘Reverse ground roughening machine’ ( no. Noticeably, on appeal, the SPC ruled reversely on that part: After experiencing the previous lawsuit, Baijia store knew that Jin was the patentee involved in the case, and also knew that its sale of the accused infringing product infringed the patent right at issue.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

Copyright Lately

OCTOBER 24, 2022

In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt. One way to verify this is to use a reverse image search app like Google Reverse Image Search or TinEye to compare the output to other images on the internet.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

TorrentFreak

AUGUST 28, 2021

Release windows have been a topic of debate for decades. This decision was ultimately reversed after both parties agreed on a 17-day window. Movie theaters, in particular, are terrified that the new release strategy will cannibalize their revenues. ‘Consumers and Movie Studios Benefit’ This discussion isn’t new.

Music 145

Music Copying Copyright 145

The IPKat

JULY 17, 2023

The Rogers test has primarily been applied by the courts in situations where a mark is used to perform some form of expressive function rather than designate a work’s source – a topical example being the lawsuit brought by Mattel in the early 2000s in relation to the song Barbie Girl. Bad Spaniels (L), Jack Daniel's (R).

Fair Use 52

Fair Use Trademark Designs Design 52

LexBlog IP

FEBRUARY 7, 2024

4] Globally, countries are at varying stages in enacting rules governing AI, signalling a range of approaches to the technology’s regulation across jurisdictions. [5] 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7]

Publishing 52

Publishing Government Litigation Inventor 52

LexBlog IP

MAY 31, 2023

The Federal Circuit made clear, however, that it did not address at the time the topic of human-and-AI joint inventorship, i.e., “Moreover, we are not confronted today with the question of whether inventions made by human beings with the assistance of AI are eligible for patent protection.” ” Id. .” See Thaler v.

Inventor 40

Inventor Patent Application Invention Patent 40

43(B)log

SEPTEMBER 6, 2021

Plaintiff argued that it should have been able to use the testimony of its principal, but even during deposition, plaintiff’s counsel stated that he “was not [there] to talk about causation and damages” and objected to questions directed to him about damages, declaring that this topic would be exclusively “within the scope of expert opinion.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Patently-O

OCTOBER 17, 2022

On appeal, a divided Federal Circuit has reversed-in-part, holding that some of the claims are patent eligible because they implement “a specific solution to a problem rooted in computer technology.” But, Google won the case fairly quickly on a R.12(b)(6) 101 (abstract ideas). ” Alice Step 2.

Patent 72

Patent Invention Journalism Inventor 72

Technology & Marketing Law Blog

JUNE 1, 2022

” So, reversing the Fifth Circuit was an unexpectedly positive outcome that preserves the status quo until more orderly appeals can proceed. Given the strength of the 11th Circuit decision, it would be ideal to have that opinion frame SCOTUS’s consideration of the topic. ” I agree.

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Social Media Blogging Law Technology 121

Technology & Marketing Law Blog

JULY 18, 2023

This topic, and Google’s use of its dominant position, found its way to Congressional deliberations , where Google was accused of “intercept[ing] traffic from third-party websites by forcibly scraping their content and placing it directly on Google’s own site.” From this perspective, Genius’s complaint is rather standard.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. Image by Gerd Altmann from Pixabay.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

LexBlog IP

FEBRUARY 14, 2024

2023) as a recent example where it reversed the Board’s exclusion of reply brief arguments addressing a newly raised claim construction. ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. The Federal Circuit pointed to Axonics, Inc. Medtronic, Inc. , 4th 1374, 1380 (Fed.

Inventor 52

Inventor Patent Art Law 52

LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. .’’ Accordingly, this notice is meant to address the duty of disclosure and the duty of reasonable inquiry as it relates to the material submitted or received from other governmental agencies. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

IPilogue

JANUARY 14, 2022

Availability of Reverse Class Actions for Copyright Infringement Claims. The first of its kind in Canada, the Federal Court of Appeal in Salna v Voltage Pictures, LLC affirmed that reverse class actions may be pursued in connection with copyright infringement claims.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

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Social Media Advertising Advertising Publishing 64