43(B)log

FEBRUARY 16, 2024

A]n alleged discrepancy between the defendant’s marking and its prior litigation history is sufficient to allege false marking.” However, the Noerr-Pennington doctrine didn’t apply to this case at this stage of the litigation. Qingdao also sufficiently pled the requisite intent to deceive.

False Advertising 59

False Advertising Advertising Advertising Patent 59

SpicyIP

MAY 10, 2023

Justice Singh further writes about the preferred appeals against the rejection orders wherein the Controller’s analysis on “inventive step” was not clear, and about the cases where re-grant oppositions were disposed of within an extremely short span of time. The T hree Orders Now, let’s look at the three cases in hand.

Trademark 126

Trademark Invention Patent Art 126

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

These rights safeguard intangible assets resulting from human creativity and innovation, allowing creators to have control and benefit from their inventions or creations. They are the forces behind the creation of brand-new products, services, and technological advancements, all propelled by innovative concepts and intellectual property.

Intellectual Property 58

Intellectual Property Invention IP Technology 58

The IPKat

JANUARY 12, 2024

Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions. Of course, with legislative uncertainty comes the risk of increased litigation, but also, perhaps, offers the UK courts and legislature a welcome opportunity to ditch aspects which just weren’t working for the UK’s IP stakeholders.

IP 67

IP Intellectual Property Law Law Invention 67

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. A Comprehensive Approach to IPRs. For more visit: [link].

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

Journalism 104

Journalism Art Patent Law Invention 104

IPilogue

APRIL 22, 2022

ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S. Patent 8,129,385 (“patent 385”). The two companies have agreed to settle with Gilead paying $1.25 sales of Biktarvy.

Patent 120

Patent Settlement Invention Inventor 120

Patently-O

OCTOBER 18, 2021

2891 – Restoring the America Invents Act. 2884 – Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act. by Dennis Crouch. Substantial changes to the IPR system to favor the patent challenger. Sponsored by Sen. Cornyn, R-TX; Sen. Crapo, R-ID; and Sen. Leahy, D-VT). Sponsored by Sen.

Patent 54

Patent Ownership Settlement Branding 54

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Federal Circuit (CAFC) affirmed the Eastern District of Texas’ partial grant of Victoria’s Secret Stores LLC, Victoria’s Secret Stores Brand Management Inc, and Victoria’s Secret Direct Brand Management’s (the Defendants) motion to dismiss Andra Group, LP’s (Andra’s) patent infringement suit for improper venue.

Patent Infringement 67

Patent Infringement Branding Brands Branding 67

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 84

Trademark Social Media Advertising Advertising 84

Delaware Intellectual Property Litigation Blog

AUGUST 21, 2021

Food & Drug Administration (FDA) seeking approval to market generic versions of Plaintiffs’ brand-name drug Imbruvica®. . § 355(j), and arose out of Defendants’ submission of an Abbreviated New Drug Application (ANDA) to the U.S. A copy of the Memorandum Opinion , which is comprehensive, is attached. .

Law 97

Law Patent Invention Copying 97

SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. The defendant asserted that the invention lacked novel hardware and was primarily software-based, making it ineligible for patent protection. What’s the best way forward? Roshan Santhalia shares his perspective.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

AUGUST 19, 2023

This becomes evident from the following amendments: Patents: Reduced penalty for failure to file or refusal to file Form 27 (working requirements) : As per Section 84(c), patents need to be ‘worked’ in India failing which competitors can obtain compulsory licenses to make and sell the patented invention.

Business 98

Business Licensing Copyright Government 98

Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement litigation is expensive and time consuming, many times individuals are not aware they are infringing on a trademark. Intellectual property or IP is a creative work or invention that one holds rights to. Essentially, trademarks are used to protect the brand names and logos of goods and services.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

The IPKat

MARCH 24, 2024

Many leading watchhouses are built on groundbreaking patented inventions, like Abraham-Louis Breguet’s tourbillion, Hans Wilsdorf’s waterproof oyster seal or Richard Mille’s tonneau-shaped timepieces [see here ]. Horology is however a market steeped in history with its own unwritten rules and customs.

IP 70

IP Marketing Marketing Reporting 70

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2021

The new principals in the firm’s Litigation Group are Matthew Colvin (Dallas); Kelly Allenspach Del Dotto (Delaware); Nitika Gupta Fiorella (Delaware); Conrad A. Matthew Colvin represents clients in complex intellectual property litigation, as well as commercial litigation and Hatch-Waxman matters. Gosen (Twin Cities); Andrew G.

Patent Prosecution 75

Patent Prosecution Litigation Due Diligence Technology 75

Patently-O

SEPTEMBER 26, 2022

This case focuses on the required “written description of the invention” and challenges the court’s requirement that the specification demonstrate possession of “the full scope of the claimed invention” including unknown variations that fall within the claim scope.

Patent Law 125

Patent Law Law Patent Invention 125

LexBlog IP

MAY 3, 2023

Armed with a trove of patents, trademarks, and copyrights, Willie has proven that he can not only strum the strings of our hearts but also create inventions that could very well change the world. His invention, dubbed the “Willie Pick,” has gained traction among environmentally-conscious musicians worldwide.

Intellectual Property 52

Intellectual Property Music Invention Registering Trademarks 52

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. Before selecting a brand name or logo for a product, sellers need to conduct a search to ensure that another party is not already using the same or similar brand name or logo.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Patent Trademark Blog

MARCH 18, 2022

When consumers see a particular brand, the mark tells them that the product comes from a particular company. Consumers may expect a certain level of quality or other product characteristics from a brand owner. Customers might expect to pay more, or less, depending upon the brand of the product. Trademarks can last indefinitely.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

Above the Fold

MARCH 31, 2022

The Principal Register is also typically more desirable for trademark owners considering the additional time and cost associated with litigating a trademark infringement claim with a Supplemental Register registration. A fanciful mark is invented solely for use as a trademark. Fanciful Marks. Arbitrary Marks.

Registration 98

Registration Trademark Registering Trademarks Ownership 98

LexBlog IP

SEPTEMBER 22, 2021

The first signature of the letter is none other than Senator Patrick Leahy (D-VT), one of the two lead sponsors of the America Invents Act. The congressional letter garnered bi-partisan support, with other signors including Senator Elizabeth Warren (D-MA), Congressman Darrell Issa (R-CA), and Senator Richard Blumenthal (D-CT).

Patent 52

Patent Designs Design Marketing 52

Indiana Intellectual Property Law

AUGUST 4, 2021

Introduced in 2019, founder Peggy Johns claims to have invented egglife egg white wraps, using a now patented method ( U.S. Since 2019, Egglife has allegedly invested $5 million dollars in the Egglife brand and is on pace to reach $30 million in retail sales in 2021. 10,194,669 ).

Social Media 52

Social Media Branding Brands Branding 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Trademark protection is available for cannabis companies (canna-brands) through a combination of federal, state, and common law sources. Unlike trademark registrations, there is no requirement that a patent applicant demonstrate that it has used the claimed invention in commerce. Patent Litigation. Patent Prosecution.

IP 52

IP Registration Trademark Branding 52

43(B)log

AUGUST 5, 2021

Mark McKenna: Another explanation was maybe these bespoke regimes weren’t addressing actual problems; overrepresentation of people w/specific litigation interests. independent invention). Argues that defining difference b/t creative works and inventions is the way in which they are individuated.

IP 45

IP Invention Designs Design 45

The IPKat

OCTOBER 13, 2023

This is less of an exaggeration than it first seems: the first-ever injunction decision by the brand new pan-European patent court is surely noteworthy. The decision is available on the UPC’s website [ here ], though only in German.

Marketing 70

Marketing Marketing Technology Patent 70

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

MARCH 1, 2022

These companies perform FTO searches to avoid the high cost of re-engineering, significant disruptions in their supply chains, and large amounts of unusable inventory getting locked up with brand/reputation and partnership relations at risk. to determine if any enforceable patents cover the components in question.

Intellectual Property 52

Intellectual Property Art Technology Patent Infringement 52

43(B)log

AUGUST 12, 2021

What if D offers to manufacture/sell an invention but doesn’t follow up with sales? Aren’t they just the invention of an element of the claim? Social movements brought down brands that TM law couldn’t. Jim Crow, before it came to be the moniker of structural racism, was a brand.

IP 90

IP Licensing Law Reporting 90

IIPRD

JANUARY 23, 2023

This assist if a situation of litigation arises. [9] This method is effective as it provides a fast and speedy resolution of the conflict and prevention from time consuming litigation, lessens the burden on Amazon for deciding such complex infringement issues and rebuilds consumer trust. [12]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

SpicyIP

OCTOBER 31, 2023

Investigating Form 27 Discrepancies in Drug Patent Working Declarations One crucial aspect of this analysis revolves around the Form 27 disclosures made by the company for the drug, which goes by the brand name Kryxana. The patented invention is not available at a reasonably affordable price.

Licensing 72

Licensing Government Reporting Patent 72

SpicyIP

MARCH 25, 2024

Zydus Lifesciences Limited, on 13 March 2024 (Delhi High Court ) The case centered on the establishment of a confidentiality club in a biosimilar litigation dispute. Image from here F- Hoffmann -La Roche Ag & Anr v. However, the Appellants filed an application seeking leave to submit an auxiliary claim.

Trademark 52

Trademark Patent Copyright Confidentiality 52

43(B)log

JULY 15, 2022

Max Rack invented a piece of gym equipment, the Max Rack. These references could “perpetuate the ‘perception that’ [Core’s] Freedom Racks were affiliated with the Max Rack brand,” given that the goods were the same, the parties were “potential” competitors, and the mark was identical. Core Health & Fitness, LLC, 2022 WL 2751685, F.4th

Advertising 59

Advertising Advertising Licensing False Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. BPCIA Litigation. Biosimilar Regulatory Updates.

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Settlement Litigation Marketing Marketing 52