Best of 2010: Moral rights in Massachusetts

Likelihood of Confusion

First published April 12, 2010. The post Best of 2010: Moral rights in Massachusetts appeared first on LIKELIHOOD OF CONFUSION™.

Best of 2010: Lug me tender

Likelihood of Confusion

First published on February 24, 2010. The post Best of 2010: Lug me tender appeared first on LIKELIHOOD OF CONFUSION™. Should a law school be tendering seven figures of money to a minor league baseball team for stadium naming rights? That is certainly a.

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Exercise Extra Care With NonPublication Requests

Patentably Defined

2010, Michael E. In a post back in June , I discussed how many filing errors/omissions in new, electronically filed applications may be corrected by a follow up submission on the same day. Not every omission may be corrected this way, however.

Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010

Likelihood of Confusion

The post Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. From last week’s INTA Trademark Topics email discussion list. One name has been changed to protect the innocent, and the links, by way of annotation, have been added, as have. IP Overreaching Brand Management and Branding Rent Seeking Trademarks and trademark law

The USPTO Updates Its Post-KSR Examination Guidelines

Patentably Defined

The effective date of the Updated Examination Guidelines is September 1, 2010. 2010, Michael E. The USPTO has updated its examination guidelines concerning obviousness under 35 U.S.C. 103, in light of precedential decisions from the Federal Circuit issued since the United States Supreme Court decision in KSR Int’l Co. Teleflex Inc. The Updated Examination Guidelines were published in the Federal Register yesterday and include additional didactic examples concerning obviousness.

Change in USPTO Procedure – Examiner Interviews Without A Power Of Attorney Now Permitted In Some Circumstances

Patentably Defined

2010, Michael E. The USPTO recently issued a notice modifying the procedure for registered practitioners to show authorization to conduct an examiner interview. Now, in addition to the submission of an executed power of attorney, the signing and submission of an Applicant Initiated Interview Request Form ( Form PTO-413 A ) will be treated as a proper indication of authorization to act in a representative capacity. The USPTO’s notice follows this link.

Welcome To The New And Improved PatentablyDefined!

Patentably Defined

2010, Michael E. For those of you who have followed this blog over the years, welcome to version 3.0! This site has been quiet for the past several weeks while it underwent an overhaul, which included both a new, custom theme and a WordPress upgrade. I also used this time to take a break from posting and regain some focus. Sometimes, one just has to wait for inspiration to write about prosecuting patents. What I Hoped To Accomplish.

Extensions Of Time, How To Petition For An Extension, And Examples Of Petitions

Patentably Defined

See USPTO Advisory of 28 June 2010 ). 2010, Michael E. When an Office action is issued by the USPTO, the time period for filing a reply begins. If a reply is not filed within the period specified in the Office action, the application is technically abandoned by operation of Rule. An applicant can usually buy an extension of up to five additional months, however, so long as the statutory limit of six months is not exceeded.

The New Electronic Filing System (EFS-Web) Contingency Option

Patentably Defined

2010, Michael E. The USPTO has announced a new plan to increase the availability of its patent electronic filing system, EFS-Web, by providing a new contingency option when the primary portal to EFS-Web experiences an unscheduled outage. Previously, the entire EFS-Web system was unavailable to the users during such an outage.

The USPTO’s 25% Discount For Application Size Fee Calculations And How To Qualify For It

Patentably Defined

2010, Michael E. There are many advantages to filing applications via the USPTO’s electronic filing system (EFS-Web). One practical advantage is that the USPTO measures the size of an electronically filed application differently than if it were filed by paper. An application filed under 35 U.S.C. 111 (this includes provisional, nonprovisional and design applications, and reissue applications) that exceeds 100 pages in total length is subject to an additional filing fee under 37 CFR 1.16(s)

What To Do If You Omit A Document Or File The Wrong Document In A New, Electronically Filed Application

Patentably Defined

2010, Michael E. Many filing errors (e.g., the failure to file all of a document, the failure to pay a fee, or the unintended filing of an unrelated document) are correctable without penalty by a corrective electronic submission, if it is filed the very same day. This post discusses a few of the filing errors correctable in this way. In my last post , I discussed one advantage of electronic filing – the 25% application size discount.

The USPTO’S Newest Pilot Program – The Patents Ombudsman

Patentably Defined

2010, Michael E. Have you ever had a question about an application in prosecution but have been unable to find the correct person to assist you? Have you ever been unsuccessful in obtaining assistance from an examiner or Supervisory Patent Examiner? If so, you will want to take note of the USPTO’s new Ombudsman Pilot Program. The Ombudsman Pilot Program is designed to assist in getting the process back on track when there is a breakdown in the normal prosecution process.

Best of 2010: Forget breakfast — eBay eats Tiffany’s lunch

Likelihood of Confusion

The post Best of 2010: Forget breakfast — eBay eats Tiffany’s lunch appeared first on LIKELIHOOD OF CONFUSION™. The Second Circuit, unsurprisingly according to most commentators, has affirmed the decision of the Southern District of New York refusing to find eBay liable for contributory trademark infrintgement in the. Counterfeiting & Piracy Fashion Law Internet Law Auctions Best of the Year eBay Keyword Advertising Secondary Liability Trials

Facebook Accused of ‘Eviscerating’ Small Tech Business’s META Marks

IP Watchdog

METAx, LLC (Meta) was founded in 2010 by Justin “JB” Bolognino, who is described in the complaint filed in the U.S. Meta has continuously used the term “META” as part of a composite mark, and has been commonly referred to as Meta in trade and commerce, since 2010.

Meta v. Meta – Battle Over Name and Logo in Digital Space

JD Supra Law

Since 2010, MetaX LLC has developed experiential and immersive technologies using augmented, virtual, and extended reality for special events and promotional use.

FDA Approves Biosimilar Drug for Treating Macular Degeneration

JD Supra Law

262) as part of the Affordable Care Act of 2010 (colloquially known as "Obamacare"). The U.S.

Law 82

Transactions in the Age of Artificial Intelligence: Risks and Considerations

JD Supra Law

According to CB Insights, there have been over 1,000 AI acquisitions since 2010. Artificial Intelligence (AI) has become a major focus of, and the most valuable asset in, many technology transactions and the competition for top AI companies has never been hotter.

FDA Biosimilar Approval Recap – 2021

JD Supra Law

262) as part of the Affordable Care Act of 2010 (colloquially known as "Obamacare"). The U.S. Food and Drug Administration approved four biosimilar drugs in 2021 under the provisions of the Biologics Price Competition and Innovation Act (BPCIA, codified at 42 U.S.C. §

Law 87

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Kevin Emerson Collins, An Initial Comment on King Pharmaceuticals: The Printed Matter Doctrine as a Structural Doctrine and Its Implications for Prometheus Laboratories , 2010 Patently-O Patent Law Journal 111 ( Collins.KingPharma.pdf ). 19 (2010). 7 (2010) ( Reines.2010 ).

2021 Design Patents Year in Review: Analysis and Trends: US District Courts: No Slowdown in Filings

JD Supra Law

Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in 2017).

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Kevin Emerson Collins, An Initial Comment on King Pharmaceuticals: The Printed Matter Doctrine as a Structural Doctrine and Its Implications for Prometheus Laboratories , 2010 Patently-O Patent Law Journal 111 ( Collins.KingPharma.pdf ). 19 (2010). 7 (2010) ( Reines.2010 ).

2020 Census Statistics Highlight Local Population Changes and Nation’s Racial and Ethnic Diversity

U.S. Department of Commerce

Population Changes Across the Country Since the 2010 Census. metro areas grew by 9% from 2010 to 2020, resulting in 86% of the population living in U.S. metro areas in 2020, compared to 85% in 2010. metro areas gained population between 2010 and 2020. since 2010.

3rd Circ. Tosses Ship Designer's IP Suit Against Lockheed

IP Law 360

The Third Circuit on Wednesday backed a lower court decision tossing FastShip LLC's 2017 trade secrets lawsuit against Lockheed Martin as filed one year too late, pointing to a 2010 memo from the ship design company's founder recognizing it had potential claims against the defense contractor

Cut! Wasatch Academy Settles Suit Over Student Film

BYU Copyright Blog

The complaint alleged copyright infringement and violations of the Digital Millennium Copyright Act by Wasatch Academy through the unauthorized use of a musical work controlled by Charming Beasts in a student film created by a student at Wasatch Academy in 2010.

The lessons Big Tech can learn from pharma on inventor diversity

IAM Magazine

IAM’s Diversity 100 is a listing of the entities with the greatest proportion of female inventors named on US patent grants maintained between 1 January 2010 and 1 January 2022.

The lessons Big Tech can learn from pharma on inventor diversity

IAM Magazine

IAM’s Diversity 100 is a listing of the entities with the greatest proportion of female inventors named on US patent grants maintained between 1 January 2010 and 1 January 2022.

Celebrating the Culture and Contributions of Hispanic Americans

U.S. Department of Commerce

in 2010. in 2010. The number of Texas counties where the Hispanic population was the largest racial or ethnic group as of April 1, 2020, up from 64 counties in 2010. . in 2010. . Celebrating the Culture and Contributions of Hispanic Americans. September 22, 2021.

Jones Day Seeks $2M In Legal Fees From Ex-Client

IP Law 360

Jones Day is seeking more than $2 million in attorney fees it says it is owed after securing around $50 million for a former client in patent litigation, claiming in Illinois state court the ex-client has been engaged in a "desperate shell game" to avoid payment since 2010

3 Count: Polish Rejection

Plagiarism Today

Yossman at Variety reports that Kanye West’s 2010 song Power has drawn a lawsuit against Universal Music Group (UMG) over a sample the song contains of the King Crimson’s song 21st Century Schizoid Man. Have any suggestions for the 3 Count?

Chegg Denies Infringement Allegations

BYU Copyright Blog

Last year we reported on a lawsuit between Chegg, Inc. Chegg”) and Pearson Education (“Pearson”). Pearson, a large textbook and education company, accused Chegg of copyright infringement as Chegg publishes answers online to the questions found in Pearson’s textbooks.

Nomadix, Guest-Tek Reach Settlement In Patent Fight

IP Law 360

Nomadix and Guest-Tek reached a settlement Wednesday ending post-trial disputes following a California federal jury's verdict that netted Nomadix $4 million on its claims that its rival shorted it on a 2010 royalties agreement to use patents that help connect hotel guests to internet services

Judge Leonard P. Stark Will Bring a Wealth of Patent Experience to the Federal Circuit

IP Tech Blog

District Court Judge since 2010 and held the position of Chief Judge for the District of Delaware from July 2014 to June 2021. On Wednesday, November 3, 2021, the White House announced President Biden’s nomination of Judge Leonard P. Stark (U.S.

Mixed Jury Verdict Nets Nomadix $4M In IP Royalties Fight

IP Law 360

million Wednesday on its claims that rival Guest-Tek shorted it on a 2010 royalties agreement to use patents that help connect hotel guests to internet services, while also awarding Guest-Tek $2.5 A California federal jury awarded Nomadix $6.5 million after finding Nomadix breached a separate 2014 agreement

3 Count: Contemptible Rimini

Plagiarism Today

The dispute goes back more than a decade as Oracle sued Rimini Street in 2010 alleging that the third-party support firm was violating the copyright of Oracle software as part of its service. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Authenticating Prior Art

Patently-O

Valve submitted a printout of Burns and argues that it was a printed copy of an online review of a Scuf controller from 2010. In particular, one of the inventors (Burgess) testified that he had facilitated the publication back in 2010 for marketing purposes. by Dennis Crouch.

Art 93

In Europe, There is No “Free Parking” for Re-Filers

JD Supra Law

Hasbro registered this mark in 2011 in classes 9, 16, 28, and 41, while at the same time owning three existing EUTMs filed in 1998, 2009, and 2010 for. In the much-anticipated Hasbro Inc.

Trademark Infringement Claims Could Derail Google Nest

LexBlog IP

IPNews® – On August 12, 2021, Louis Poulsen A/S submitted a trademark opposition against Google for the trademark “Nest” The trademark cited in the opposition notice relates to the LP Nest brand — which filed for registration back in June 2010.

Judge Flags Apple Stock Conflict 11 Years After Nokia IP Case

IP Law 360

A Wisconsin federal judge recently learned he owned stock in Apple while presiding over a 2010 intellectual property spat between Nokia and Apple, but assured the parties that this ownership didn't affect his decisions in the case, according to a letter filed Monday

Circuit Judge Kathleen M. O’Malley Retires from the Federal Circuit

Patently-O

Court of Appeals for the Federal Circuit on December 27, 2010, following her appointment by President Barack Obama and confirmation by the Senate. The Honorable Kathleen M. O’Malley retired from judicial service on March 11, 2022. Judge O’Malley began her service on the U.S. Prior to her appointment, Judge O’Malley served for sixteen years as a district judge of the U.S. District Court for the Northern District of Ohio.

3 Count: Avengers Disassemble

Plagiarism Today

One of the brothers passed away in 2010 and is represented by his daughters, another is a member of the lawsuit and a third brother is not listed as a plaintiff. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.