Intellectual Property Law Blog

FEBRUARY 14, 2024

The Federal Circuit cited recent case law: “To act as its own lexicographer, a patentee must clearly set forth a definition of the disputed claim term other than its plain and ordinary meaning and must clearly express an intent to redefine the term.” to introduce a general definition for “storage [elements]” in [4.] Tools Inc.

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JD Supra Law

APRIL 19, 2023

On March 27, 2023, Health Canada opened for consultation a proposed application of the definition of Canadian reference product under C.08.001.1(b) b) of the Food and Drug Regulations. of the Food and Drug Regulations as.

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SpicyIP

JULY 13, 2021

Serious Comparative Advertising: Broadening the Definition. This post argues that the law should broaden the definition of serious comparative advertisement by allowing multiple comparisons. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Sangita Sharma.

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Patently-O

APRIL 11, 2022

Although Nautilus made it easier for a court to find claim terms indefinite, the Federal Circuit continues indicate that the definiteness test strongly favors validity. In particular, the Federal Circuit has repeatedly found terms of relative degree to be definite so long as POSITA would have “enough certainty.” 898 (2014).

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The IPKat

DECEMBER 17, 2022

In its judgment Hasco TM v EUIPO - Esi (NATURCAPS) , the General Court dealt with the question whether such regulatory definitions play a role in interpreting the meaning of a term in the list of goods and services. In the EU, examples are ‘medicinal product’ ( Art. 1 of Directive 2001/83/EC ) and ‘food supplements’ ( Art.

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JD Supra Law

JULY 21, 2023

ESET, LLC, the Federal Circuit held that a definition provided in any incorporated-by-reference document is a part of the host patent. In Finjan LLC v.

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Technology & Marketing Law Blog

AUGUST 16, 2021

Plus, Blackbaud registered as a data broker in California, and the definition of “business” in the data broker law is identical to the CCPA. The post CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud appeared first on Technology & Marketing Law Blog.

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IP Watchdog

FEBRUARY 1, 2024

The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act.

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The TTABlog

SEPTEMBER 26, 2023

Applicant acknowledged that there was no dictionary definition of LAFOND in the record, but it pointed to an urbandictionary.com entry defining “Lafond” as “the sweetest most loving person you will ever meet.” We therefore decline to give any weight to the Urban Dictionary definition cited by Applicant.

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Canadian Intellectual Property Blog

AUGUST 23, 2023

At the same time, the definition of “small entity” in the Patent Rules will be broadened from the current 50 employees to fewer than 100 employees, which would mean that more companies can fall into the small entity category and thus utilize the lower official fees.

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LexBlog IP

JANUARY 5, 2023

In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, nonobviousness, and written description, a patent must comply with the definiteness requirement as specified in 35 U.S.C. §112(b). [1]

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LexBlog IP

JULY 19, 2021

NARROW AUTO-DIALING DEFINITION BROADENS TEXT. “In sum, Congress’ definition of an autodialer requires that in all cases, whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator.”

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JD Supra Law

NOVEMBER 7, 2022

Summary: Specific definitions provided in an earlier application in a patent family incorporated by reference into a later patent do not restrict the later patent if that patent does not include the definition. ESET, LLC - Before Reyna, Prost, and Taranto. Appeal from the Southern District of California. By: Knobbe Martens

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IP Law 360

JANUARY 3, 2024

Delaware-based TA Instruments-Waters LLC wants the full Federal Circuit to rethink a panel decision that said a federal court flubbed an interpretation of a key term in a patent relating to chemical machinery.

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JD Supra Law

NOVEMBER 21, 2022

The Federal Circuit has ruled that the definition of a claim term in a patent incorporated by reference into the patent at issue doesn’t limit the claims in the patent at issue. In Finjan LLC v. ESET, LLC, Finjan sued Eset claiming that Eset infringed several Finjan patents. By: AEON Law

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JD Supra Law

DECEMBER 22, 2023

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness finding, determining that the Board properly applied the patentee’s lexicography in construing a disputed claim term and properly treated arguments raised by the parties in the reply and sur-reply briefings. ParkerVision, Inc. Vidal, Case No.

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Plagiarism Today

OCTOBER 11, 2023

In the US, the HHS is proposing new research integrity guidelines that include a change to the definition of plagiarism. The post HHS Proposes New Research Integrity Guidelines appeared first on Plagiarism Today.

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JD Supra Law

OCTOBER 17, 2022

Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive work? By: Miller Nash LLP

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IP Law 360

NOVEMBER 1, 2023

The Federal Circuit ruled Wednesday a Delaware federal court flubbed an interpretation in a key term of a patent relating to chemical machinery, throwing out a deal the parties in the suit reached at the lower court level.

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LexBlog IP

FEBRUARY 14, 2024

The Federal Circuit cited recent case law: “To act as its own lexicographer, a patentee must clearly set forth a definition of the disputed claim term other than its plain and ordinary meaning and must clearly express an intent to redefine the term.” to introduce a general definition for “storage [elements]” in [4.]

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IP Watchdog

JANUARY 22, 2023

Last November, the U.S. Supreme Court granted a petition for writ of certiorari filed by famed whiskey brand owner Jack Daniel’s Properties. The petition filed by Jack Daniel’s appealed the U.S.

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LexBlog IP

JULY 15, 2021

This week, Governor Andrew Cuomo signed legislation that added text messaging to the state of New York’s definition of telemarketing communication for purposes of its no-call registry. The legislation, S.3941/A.6040,

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JD Supra Law

JANUARY 10, 2024

Precedential and Key Federal Circuit Opinions - 1. PARKERVISION, INC. VIDAL [OPINION] (2022-1548, 12/15/2023) (Prost, Wallach, and Chen)* - Chen, J. The Court affirmed the PTAB’s determination that the patent claim at issue was unpatentable as obvious. The Court held that the Board correctly construed the term “storage element.”. By: WilmerHale

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Above the Fold

MAY 14, 2021

This proposed rule would update the definition of “healthy” and create a symbol for the “healthy” nutrient content claim. Food and Drug Administration (“FDA”) announced that it will be conducting research in conjunction with a new rule they plan to roll out. The FDA update is located here.

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LexBlog IP

MARCH 10, 2022

New York recently passed legislation to amend the definition of elder abuse to include identity theft.

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Hugh Stephens Blog

JANUARY 11, 2023

Review in the Senate last year led to a number of amendments, one of which dealt with the definition of Canadian content (Cancon). Canada’s Online Streaming Act, (Bill C-11) the draft legislation that will bring online streaming content under the purview of the Broadcasting Act, will continue its slow progress through Parliament in 2023.

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IP Watchdog

MARCH 28, 2022

Earlier this month, Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) introduced the Strengthening Measures to Advance Rights Technologies (SMART) Copyright Act into the U.S.

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Intellectual Property Law Blog

DECEMBER 15, 2023

and (2) Did the PTAB err in limiting its definition of the relevant art to medical leads specifically for sacral neuromodulation? Second, the PTAB was incorrect in limiting the definition of “the relevant art” to medical leads for sacral-nerve stimulation because the Medtronic patent claims are not so limited.

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JD Supra Law

MARCH 11, 2022

In Kyocera Senco Industrial Tools Inc. International Trade Commission, the Federal Circuit held that an expert who did not possess the specific defined level of ordinary skill in the art could not testify about infringement, despite having advanced degrees and extensive experience in the general field of study.

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The IPKat

APRIL 18, 2024

The description of the patent provided a definition of gathered that the Board of Appeal viewed as broader than the industry norm. Included in this definition were materials that were "convoluted, folded, or otherwise compressed or constricted".

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Legal Zoom

AUGUST 8, 2022

A release of liability form is designed to safeguard you against lawsuits by planning for and addressing potential disputes.

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IP Law 360

SEPTEMBER 7, 2023

The Federal Circuit on Thursday heard arguments from a patent licensing company seeking to overturn U.S.

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IP Law 360

SEPTEMBER 13, 2022

Alcoholic beverages giant Constellation Brands Inc. has urged a New York federal judge not to find it liable in Anheuser-Busch's trademark infringement suit over Constellation's Corona hard seltzer brand, arguing that the drink falls within "beer" products that are permitted by a sublicensing agreement between the companies.

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JD Supra Law

DECEMBER 16, 2021

law, every patent claim must be supported by an adequate written description, which conveys to those skilled in the art the nature and breadth of the invention. The Federal Circuit recently decided two cases that found that claiming both a quantitative value and a quantitative range requires particular clarity in the disclosure.

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JD Supra Law

FEBRUARY 15, 2024

ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed.

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JD Supra Law

APRIL 1, 2024

the BIRDIE Act), which proposes amending the definition of “architectural works” under US copyright law to include golf course designs. Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. By: AEON Law

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IP Law 360

APRIL 17, 2024

A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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