Wed.Jun 30, 2021

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Do you Tell the PTO that the Disclosed Embodiments are Merely Prophetic?

Patently-O

by Dennis Crouch. Many patent applications are not fully reduced-to-practice by the time the patent application is filed. Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patent application to constructively satisfy the RTP requirement. Still, the application must fully satisfy the disclosure requirements of 35 U.S.C. 112(a), namely written description, enablement, and best mode.

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7 Keys to Branding Success

Erik K Pelton

There are seven letters in the word “success”, and in this episode former USPTO examiner Erik revels seven keys to branding success for a business’ trademark. For more details and the accompanying visual, see [link]. The post 7 Keys to Branding Success appeared first on Erik M Pelton & Associates, PLLC. There are seven letters in the word “success”, and in this episode former USPTO examiner Erik revels seven keys to branding success for a business’ trademark.

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Modularity and Intellectual Property Rights: A Strategic Consideration

Kashishipr

What is Modularity? The concept of modularity has become a common debate due to the vast outreach of consumers and industrial growth. The concept focuses on the notion of distributed innovation in the contemporary global economy. Modularity allows firms and companies with complex technical systems to divide the components therein, called the modules, which are capable of being designed independently, but to function, they need to be looked at together as a whole.

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Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

Photo by Geoff Gill via Pixabay. In February 2019, Tamita Brown, Glen S. Chapman, and Jason T. Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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The Senate Bill C-10 Debate Concludes: “I Don’t Think This Bill Needs Amendments. It Needs a Stake Through the Heart.”

Michael Geist

The Senate Bill C-10 debate wrapped up yesterday with several speeches and a vote to send the bill to committee for further study. Given that the Senate declined to approve summer hearings for the bill, the earliest possible time for the study to begin is the week of September 20th. If there is a late summer/early fall election as most observers expect, Bill C-10 will die.

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PTO Director Review Process following Arthrex

Patently-O

by Dennis Crouch. The USPTO has released some implementation information for Arthrex. In its decision, the Supreme Court held that the USPTO Director has power to review any IPR decision by the PTAB. The Agency’s basic approach is as follows: At times, the PTO Director might initiate review of an IPR Decision sua sponte. This is unlikely. A party may request review of a final written decision for an IPR/PGR.

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TTAB Sustains Opposition to Apple's "LIVE PHOTOS," Finding it Generic or Merely Descriptive

The TTABlog

In an 87-page opinion issued nine days after oral argument, the Board sustained an opposition to registration of the proposed mark LIVE PHOTOS for "Computer software for recording and displaying images, video and sound" on the grounds of genericness and, alternatively, mere descriptiveness. As to the latter issue, the Board shot down Apple's claim of acquired distinctiveness under Section 2(f).

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Is Mediation Right for You?

Nelligan Law

Given the increasing cost of family law litigation – not to mention the acrimony that accompanies the court process – many Canadians are seeking alternative avenues for resolving parenting and financial issues arising from their separations. Alternative dispute resolution, or ADR, is becoming increasingly popular across the country, with mediation as the top choice of.

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SENDING EVERYTHING IN ENGLISH - Yeah, Your Landlord's Not Responsible for That

GDB Firm Blog

There are specific things your landlord (legally) must do, like provide a safe and hazard-free place to live, and handle maintenance issues — ideally sooner rather than later. But there are some things that your landlord expects you to handle. Here's what your landlord is likely not responsible for in a typical lease agreement.

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Is Mediation Right for You?

Nelligan Law

Reading Time: 3 minutes Given the increasing cost of family law litigation – not to mention the acrimony that accompanies the court process – many Canadians are seeking alternative avenues for resolving parenting and financial issues arising from their separations. Alternative dispute resolution, or ADR, is becoming increasingly popular across the country, with mediation as the top choice of many ex-spouses.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Qualcomm takes pole position for next-generation video standard patents

IAM Magazine

The Long Read: A deep dive into the next-generation VVC codec by Dolcera’s Sundararajan Kumar and Vishnu Saran reveals the main contributors to the core technologies behind its cutting-edge efficiency, as well as the companies that are most active in seeking intellectual property in the space.

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Non-Compete Enforcement in Utah: What You Need to Know

TraskBritt Intellectual Property

The state of non-compete enforcement law in Utah has changed three times in the past five years. If you are having trouble keeping up with the law, this article may help you navigate those changes and what they might mean for you. What is a Non-Compete Agreement? A non-compete agreement is a contract between an employee and an employer. These agreements may prohibit the employee from entering into competition with the employer after the employee leaves the employer’s company.

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Southern District Grants Intra-District Transfer to New Albany

Indiana Intellectual Property Law

Indianapolis, Indiana – Plaintiff, Somero Enterprises, Inc. (“Somero”), originally filed suit in the Indianapolis Division of the Southern District of Indiana alleging patent infringement against Defendant, Ligchine International Corporation (“Ligchine”). Ligchine responded to the Complaint by filing a Motion for Intra-District Transfer to the New Albany Division.

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BEST MODE: Did You, or Are You Just Going To, Test that Invention?

IP Tech Blog

A patent must teach one skilled in the relevant art how to make and use the claimed invention, as required by 35 U.S.C. §112(a). The Manual of Patent Examining Procedure (MPEP) 608.01(p) explains that unless an invention is disclosed such that one skilled in the art will be able to practice it without undue experimentation, at least one operative example of the invention must be set forth.

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Nevada Amends Non-Compete Statute Protecting Low-Wage Workers and Imposing Award of Attorneys’ Fees for Certain Violations

Trading Secrets

As changes in restrictive covenants laws sweep the nation, Nevada is one of the latest jurisdictions to update its non-compete statute. Last month, the state legislature amended the Nevada Unfair Trade Practices Act to add new requirements for enforceability of non-competes. The amendment makes the following changes in Nevada law: Following what appears to be a growing trend , the amendment prohibits non-competes for low-wage employees; under Nevada’s version, such agreements are unenforceable a

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FTC Begins Enforcing COVID-19 Consumer Protection Act

Above the Fold

As you may recall, the early days of the COVID-19 pandemic saw a short supply of various products. Toilet paper, alcohol wipes, hand sanitizer, masks, and even flour were in such high demand, that some consumers would need to visit half a dozen stores before finding such precious commodities. Due to these extreme shortages coupled with extreme demand, new concerns arose regarding predatory pricing practices and misleading advertising that could result from COVID-19.

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Chinese patent invalidation trials need not be a ‘mad scramble’

IAM Magazine

Sitao IP’s Dragon Wang and Bing Wu argue that foreign parties must do their homework and retain the right counsel to avoid surprises in CNIPA proceedings.

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In-house debate remote relationships after COVID

Managing IP

Five in-house counsel weigh in on the importance of in-person interactions and how private practice lawyers can make the most out of virtual connections

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New amendments to Russian regulations pave way for generic drugs

IAM Magazine

Russia’s new measures for regulating pharmaceutical products promise a new wave of innovation by making it easier to file patents, but also signal a shift in the domestic pharmaceutical market as we know it.

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IP Enforcement Summit: Ships and couriers under spotlight in counterfeit fight

Managing IP

In-house counsel and enforcement agencies believe collaboration is key in the counterfeit fight but that brands’ obligations should be reduced

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New legal framework for start-ups sets its sights on intellectual property

IAM Magazine

A new system designed to encourage entrepreneurship and investment in start-ups in Brazil has introduced a simplified regime for registering trademark applications and granting patent applications before the Brazilian National Institute for Industrial Property.

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SENDING EVERYTHING IN ENGLISH - Yeah, Your Landlord's Not Responsible for That

GDB Firm Blog

There are specific things your landlord (legally) must do, like provide a safe and hazard-free place to live, and handle maintenance issues — ideally sooner rather than later. But there are some things that your landlord expects you to handle. Here's what your landlord is likely not responsible for in a typical lease agreement.

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The 2021 edition of the IAM Patent 1000 goes live

IAM Magazine

Definitive guide to the world’s leading private practice firms and individuals now available.

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Potential COVID-19 Vaccine Waiver

Above the Fold

The news cycle remains dominated by COVID-19 issues. One thing we’re watching is whether and to what extent the World Trade Organization (WTO) will waive intellectual property (IP) protections for vaccines in an attempted effort to increase global access to vaccines. A broad proposal for waiver on enforcement of IP related to COVID-19 prevention, containment, and treatment, requested by India and South Africa and supported by many developing countries, has been pending for months at the WTO.

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PRIDE Month: Commerce Department’s U.S. Census Bureau Offers Valuable Data on Same-Sex Couples

U.S. Department of Commerce

PRIDE Month: Commerce Department’s U.S. Census Bureau Offers Valuable Data on Same-Sex Couples. June 30, 2021. KCPullen@doc.gov. Wed, 06/30/2021 - 14:05. PRIDE Month: Commerce Department’s U.S. Census Bureau Offers Valuable Data on Same-Sex Couples. The Department of Commerce (DOC) is proud to join the Nation in commemorating Pride Month. Pride Month is an opportunity to recognize the history of those who paved the way and to reflect on the continued fight for LGBTQ+ rights.

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IP-protected, gender-inclusive underwear? That’s Wilde!

Intellectual Property Office Blog

There can be very few clothes designers who can create bespoke pants for every shape and size, from your youngest cousin to your grandad. But Dundee-based designer, Deborah, does exactly that as she sells clothes from sizes XXS to 6XL. Her business, Wilde Mode , creates underwear and accessories for everyone, by ensuring her products are sustainable, sensory-friendly, vegan and cruelty-free as well as gender and size inclusive.

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