Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. Is IP time sensitive?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Reporting Settlement Government 124

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Usually, consumer adoption of a given technology correlates to the level of IP litigation. patent litigation. The AIA allows defendants to confidently bring invalidity challenges before seasoned panels of Administrative Patent Judges. Allowance rates for these same art units went from about 25% to around 5%.

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Law Patent Technology Art 40

LexBlog IP

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. At least one judge has defined the boundaries for litigants appearing in his court.

Business 52

Business Law Reporting Music 52

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. At least one judge has defined the boundaries for litigants appearing in his court.

Business 52

Business Law Social Media Reporting 52

43(B)log

FEBRUARY 23, 2024

Leading case on distinctiveness, where Australian High Court lowered the distinctiveness bar—until it reached the high court, it was being litigated by a construction partner. So in litigation, no one says “the Office has done this 20 times before.” The procedural problem is less persuasive the lower you think the error rate is.

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Registration Branding Brands Branding 59

43(B)log

FEBRUARY 24, 2024

Research project: Go and look at ex parte proceedings and whether there were subsequent proceedings and whether the court changed its mind—we could literally identify the error rate. If we were to try to adapt different rules, we have to ID what category we’re in, and how someone might be allowed to contest their categorization.

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Fair Use Branding Brands Branding 45

Technology & Marketing Law Blog

MAY 22, 2023

The court starts with a general observation: “Although it might at first seem that one firm’s purchase of another firm’s trademark as a Google keyword would constitute infringement, courts generally have not adopted that view,” citing Network Automation. clickthrough rate. Lens.com opinion, which held that a 1.5%

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Advertising Advertising False Advertising Trademark 107

Patent Trademark Blog

JUNE 8, 2023

Yet, we all know there is no guarantee that a utility patent will ultimately be allowed. You need your patent or trademark registered, and you need it now. When it comes to getting utility patent applications allowed, a practitioner must be skilled in the art of persuasion. Does the new patent attorney have trademark experience?

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Patent Patent Application Cease and Desist Trademark 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” billion and growing at a rate of nearly 5% annually.” ”: Trademarks Using Holy Names and Words.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With these technical advances comes an increase in legal activity, including intellectual property (IP) filings and litigation. The 2019 average allowance rate in CPC Class H10M was 82%, which is higher than the overall USPTO average for all technologies. Enforcement and litigation considerations.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Sotera, on leave from the Board, filed a reply to the preliminary response highlighting a broad stipulation “not to pursue in the District Court Litigation any ground raised or that could have been reasonably raised in an IPR.” Developments in the Biopharma Sector. In Mylan Laboratories Ltd. Janssen Pharmaceutica, N.V., 3d 1375 (Fed.

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Reporting Art Invention Patent 52

43(B)log

MARCH 21, 2022

Bimbo Bakeries may well have a protectable Grandma Sycamore’s trade dress, but its claim in this litigation extends far beyond its product’s more specific attributes.” Oh, and also, about that “unintended” liability: The Lanham Act is supposedly strict liability, at least if you are a trademark defendant. For example, in the McNeil v.

False Advertising 72

False Advertising Advertising Advertising Designs 72

Fish & Richardson Trademark & Copyright Thoughts

JUNE 11, 2021

In celebration of Pride Month 2021, Fish litigation associate and LGBTQ+ Affinity Group chair, Jeremy Saks, authored the article “ How Legal Profession Can Help LGBTQ Patent Attys Thrive ” for Law360. Patent and Trademark Office. LGBTQ attorneys have also made significant contributions to patent law and policy. Mentorship.

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Patent Patent Law Intellectual Property Intellectual Property Law 73

Technology & Marketing Law Blog

DECEMBER 27, 2022

A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. The CCPA allows consumer actions to redress a “business’s violation of the duty to implement and maintain reasonable security procedures and practices.”

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Privacy Marketing Marketing Social Media 98

LexBlog IP

JUNE 7, 2023

The EUIPO would conduct non-binding checks to determine whether a patent is essential to a standard; Before launching a litigation, parties to a SEP licensing dispute would have to go through a mandatory conciliation procedure administered by the EUIPO. Key Provisions and Critical Assessment 1.

Licensing 52

Licensing Patent Confidentiality Registration 52

LexBlog IP

MARCH 27, 2023

This allowed the model to generate seemingly “natural,” or at least satisfactory output, e.g., a “story about otters” in the hypothetical training example. Further, OpenAI allows commercial use of material output by ChatGPT. ” See OpenAI, FAQ ( Copyright ). ” OpenAI, ChatGPT General FAQ. .”

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. Tonko (D-NY) and Bob Gibbs (R-OH) introduced the Star Rating for Biosimilars Act (H.R. BPCIA Litigation. Biosimilar Approvals and Launches in 2021. Biosimilar Regulatory Updates.

Litigation 52

Litigation Settlement Patent Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). The global battery industry is in a period of rapid expansion. Valued at $108.4 billion in 2019 ($31.8

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

SpicyIP

NOVEMBER 6, 2023

Discussing this anomaly and subsequent objections of the Trademarks Registry, Akshay Ajayakumar writes on the requisites for registration of an olfactory mark. Guangdong Oppo; Third, the expedited trial would be for the purpose of fixation of global FRAND rate and not just for India and suits filed in UK and China should be withdrawn.

Licensing 59

Licensing IP Patent Infringement Confidentiality 59

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Panel 18 – Trademark Liability: Jake Linford, Justin Sevier, Allyson Willis, Sex, Drugs, and Trademark Tarnishmyths Sex/drugs inherently tarnishing? Asked consumers to rate and pick among Reese’s and Snickers. Courts take that as a truism.

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