JD Supra Law

MAY 12, 2022

In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. § Weber, Inc. Provisur Technologies, Inc., IPR2020-01556, Paper 67 (March 31, 2022). By: Jones Day

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LexBlog IP

OCTOBER 18, 2023

A September 27, 2023 decision by a Manhattan trial court, Aicon Art LLC v. 27, 2023), involving a dispute between two businesses located in the same art gallery, serves as a reminder to New York art market participants to take care to avoid attorney conflicts of interest. Aicon Contemporary LLC , No. 650580/2023, 2023 N.Y.

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Patently-O

FEBRUARY 8, 2024

The case shows that documents with quite limited distribution, such as operating manuals sent to ~10 customers, may still meet the public accessibility standard for prior art depending on the circumstances of disclosure and expectations around further dissemination. The scope and content of the prior art is a question of fact.

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The TTABlog

OCTOBER 16, 2023

As to the goods and services, the opposer application is limited to presentation of works of literature and art for cultural and educational purposes. As to the marks, the Board found them "more similar than dissimilar in appearance and connotation. as they both suggest a publication that seeks to improve or better oneself."

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Patently-O

OCTOBER 4, 2021

Our analysis resoundingly confirms that both regimes matter and that the pre-AIA prior art regime appears likely to continue to be relevant for much of the next decade. In the accompanying PatentlyO Bar Journal article, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter? 235 (2018) for sharing data with us.

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Patently-O

OCTOBER 4, 2021

Our analysis resoundingly confirms that both regimes matter and that the pre-AIA prior art regime appears likely to continue to be relevant for much of the next decade. In the accompanying PatentlyO Bar Journal article, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter? 235 (2018) for sharing data with us.

Journalism 104

Journalism Art Patent Law Invention 104

IP Law 360

JANUARY 20, 2023

The past week in London has seen Getty Images sue an AI art platform for copyright breaches, former London mayoral candidate Zac Goldsmith sue Mirror Group Newspapers in a confidential information claim, and legal action brought against Budweiser by pub chain JD Wetherspoon in a commercial contracts claim.

Litigation 75

Litigation Confidentiality Contracts Art 75

LexBlog IP

AUGUST 18, 2021

software, keys, company credit cards, calling cards, parking transponder, information technology equipment, client lists, files and other confidential and proprietary documents, in any media or format, including electronic files. Reiterate a professional’s obligation to remain respectful. ” 5.

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Patently-O

JUNE 28, 2022

The district court found a large number of similar prior art designs and thus narrowly construed the potential infringement window. The Wisconsin case was subject to a confidentiality agreement/order. Lee wanted to send some confidential case documents to Hecht. ” I.e., confidential disclosures in Static v.

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The IPKat

AUGUST 23, 2023

Confidential Information Image by Riana Harvey Annsley Merelle Ward discussed the recent decision Mimo Connect v Burley & Ors [2023] EWCA Civ 909 and in particular the fact that facts are everything in confidential information cases. Here is a brief recap of the topics covered last week on The IPKat.

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Kashishipr

APRIL 20, 2022

In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. Generally, any confidential piece of business info that provides a competitive edge to a company or firm and isn’t known to others may be safeguarded as a trade secret.

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Intellectual Property Confidentiality Public Domain Business 119

Patently-O

APRIL 10, 2024

” Confidentiality and national security considerations are also discussed in the notice. The use of AI tools may result in the inadvertent disclosure of client-sensitive or confidential information to third parties. ” We might talk through one simple example here. evidence of secondary considerations).

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The IP Law Blog

JANUARY 18, 2024

A trade secret is a form of intellectual property that protects confidential business information that (1) has economic value, providing a business with a competitive advantage, and (2) is not generally known or readily accessible to others. Also, confidential business information is not a trade secret if it can be reverse-engineered.

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Patent Trademark Blog

MARCH 6, 2024

Should you search prior art patents on medical devices? The medical device prior art tends to be quite crowded, meaning that broad patent claims will be challenging to obtain. Knowledge of the prior art can provide a helpful roadmap for claiming more unique features. Design or utility patent?

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Patently-O

AUGUST 13, 2021

The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art.

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Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). EU (CDSM arts 3-4; obligation concerning sufficiently detailed summary in June 2023 draft of AI Act) d. Japan (Art.

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IP Tech Blog

APRIL 27, 2023

A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the Patent Trial and Appeal Board may be estopped from making prior art based challenges in a district court litigation. In Ironburg Inventions Ltd.

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Art Litigation Patent Patent Infringement 57

Larson & Larson

FEBRUARY 23, 2023

Among the changes created by the AIA, a new system was put into place for the submission of prior art to the Patent Office prior to patent issuance. Effective September 16, 2012, a third-party may submit prior art to the Patent Office.

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LexBlog IP

APRIL 27, 2023

A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the Patent Trial and Appeal Board may be estopped from making prior art based challenges in a district court litigation. In Ironburg Inventions Ltd.

Art 52

Art Litigation Patent Confidentiality 52

Patently-O

APRIL 13, 2023

Summary of the EU Proposal Some of the key elements of the EU Proposal concerning FRAND rate determination are the following: 1 – Art. 36 would require SEP holders and implementers of FRAND-encumbered standards to request a FRAND rate determination by the Centre prior to initiating litigation over SEPs in a European court; 4 – Art.

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Patent Trademark Blog

AUGUST 1, 2023

Would the patent examiner be able to find prior art patents that show either those new ingredients or a motivation to add those ingredients? If you are seriously contemplating a food patent, make sure to keep your concept confidential if possible. Suppose your concept includes a new ingredient that has never been done before.

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Garrigues Blog

NOVEMBER 15, 2021

In general, when preparing an opposition against a European patent, substantial effort should be made to locate the relevant state of the art, in order to be able to provide solid evidence of the lack of novelty and/or inventive step of the patent that has been granted. However, this is not an easy task. the patented products or processes.

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Kluwer Copyright Blog

APRIL 8, 2024

Of particular concern is the so-called commercial exception in Art. In the EU, TDM activities have relied on explicit exempting provisions enshrined in the Directive on Copyright in the Digital Single Market ( CDSMD ).

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The IPKat

JULY 17, 2023

If the application is filed in a country where the principal does not enjoy trade mark protection, Art. In its recent decision in CEDC International v EUIPO - Underberg (Forme d’un brin d’herbe dans une bouteille) , T-145/22 , the General Court had the opportunity to clarify the scope of Art. The concept of ‘trade mark’ in Art.

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Art Registration Confidentiality Law 52

IP and Legal Filings

MARCH 30, 2024

Introduction Art has perpetually functioned as a conduit for the transmission of concepts, sentiments, and personal encounters that surpass linguistic and cultural barriers. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

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Ownership Copyright Law Copyright Law 52

Nelligan Law

FEBRUARY 20, 2024

Reading Time: 4 minutes In the world of human expression, few art forms have undergone as radical a makeover as tattooing. Conversely, the confidential settlement reached in S. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances.

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Copyright Fair Use Copyright Law Settlement 79

LexBlog IP

SEPTEMBER 9, 2021

On September 27, 2020, the Supreme People’s Court of the People’s Republic of China (the Supreme Court) issued a decision affirming that a bidding document containing a confidentiality clause is not prior art for a prior art defense. ZL 201410622980.9 (the the ’980 patent), owned by Northeast.

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LexBlog IP

FEBRUARY 21, 2023

Minerva did not disclose the devices under any confidentiality obligations, despite the commercial nature of the event. The Federal Circuit said that an invention is in public use if it is shown to or used by an individual other than the inventor under no limitation, restriction, or obligation of confidentiality.

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LexBlog IP

JANUARY 18, 2024

A trade secret is a form of intellectual property that protects confidential business information that (1) has economic value, providing a business with a competitive advantage, and (2) is not generally known or readily accessible to others. Also, confidential business information is not a trade secret if it can be reverse-engineered.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

The IPKat

JULY 23, 2023

As for JC Bamford Excavators Ltd v Manitou UK Ltd , the Court addressed legal questions about confidential information and the public interest in open justice.

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Confidentiality Artwork Registration Intellectual Property 52

SpicyIP

APRIL 17, 2023

Bombay High Court clarifies that plaintiff must disclose confidential information to the court in cases where a breach of confidentiality is asserted. The Bombay High Court vacated the ex-parte interim injunction order that was previously granted over a general allegation of breach of confidentiality by the plaintiff’s ex-employees.

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LexBlog IP

DECEMBER 17, 2021

In legal terms, those rights are intellectual property (IP) rights such as copyright, patents, and trademarks, confidentiality obligations, and contract rights. I recently had the honor of discussing the question of what legal rights exist in data at the Environmental Defense Fund ‘s monthly Lunch & Learn.

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Copyright Law Law Copyright Intellectual Property 52

43(B)log

MARCH 21, 2023

Jack Lerner is Clinical Professor of Law at the University of California, Irvine School of Law and Director of the UCI Intellectual Property, Arts, & Technology Clinic. In 2015, he authored The Duty of Confidentiality in the Surveillance Age, 17 J. Internet L. 1 (2014) (with Lee et al.).

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Technology Journalism Intellectual Property Confidentiality 59

43(B)log

MARCH 15, 2023

Jack Lerner is Clinical Professor of Law at the University of California, Irvine School of Law and Director of the UCI Intellectual Property, Arts, & Technology Clinic. In 2015, he authored The Duty of Confidentiality in the Surveillance Age, 17 J. Internet L. 1 (2014) (with Lee et al.).

Technology 59

Technology Journalism Intellectual Property Confidentiality 59

LexBlog IP

OCTOBER 24, 2023

various three-letter and four-letter government agencies), ensuring certain innovations remain confidential. Meanwhile, the now-secret patent application remains a patent pariah: Neither the USPTO nor anyone else can cite it as prior art in a patent proceeding. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

various three-letter and four-letter government agencies), ensuring certain innovations remain confidential. Meanwhile, the now-secret patent application remains a patent pariah: Neither the USPTO nor anyone else can cite it as prior art in a patent proceeding. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

various three-letter and four-letter government agencies), ensuring certain innovations remain confidential. Meanwhile, the now-secret patent application remains a patent pariah: Neither the USPTO nor anyone else can cite it as prior art in a patent proceeding. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Technology 52