SpicyIP

MAY 3, 2023

Ascertaining Author’s Subjectivity from Beyond The Grave The term “legal representative” has been defined in the Indian Civil Procedure Code, 1908 to include those empowered to represent the estate of the deceased person.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

SpicyIP

MAY 16, 2023

The Chapter explains the technical and complex aspects of the patenting regime including laws, procedures and major concepts in Indian patent jurisprudence. The administrative review proceedings under IPAB have been briefly dealt with. The chapter is divided into 11 thematic sections with further sub-sections contained within them.

Patent 105

Patent Reporting Intellectual Property Law 105

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. But before we focus on the decision, we need to get some unusually messy procedural history tied to the AMG decision out of the way. Background.

Litigation 52

Litigation Advertising Advertising Reporting 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 17, 2021

Before explaining the topic, Mr. V. – WIPO provides procedural assistance to parties involved in an intellectual property or technology dispute. Also, WIPO administrative procedures provide for a real alternative to the Court litigation dispute resolution option. Period 1 (06:00 PM-07:30 PM): “The Indian G.I.

Intellectual Property 40

Intellectual Property Settlement Registration Confidentiality 40

LexBlog IP

NOVEMBER 23, 2021

Department of Labor (DOL) in ordering Alight Solutions, LLC, an ERISA plan services provider, to comply with an administrative subpoena seeking documents pertaining to alleged cybersecurity breaches. A federal District Court judge in Illinois sided with the U.S. The Court’s order in the case, Walsh v. Alight Solutions, LLC, Dkt. #

Reporting 52

Reporting Business Blogging Law 52

Technology & Marketing Law Blog

JUNE 1, 2022

I personally don’t put much stock in the headcounting of this vote because the appeal had enough procedural quirks to alienate everyone. Because procedural concerns pervade every aspect of this appeal, I’m not confident that the votes in this appeal predict future votes. ” I agree. Chamber of Progress et al.

Social Media 122

Social Media Blogging Law Technology 122

Kluwer Copyright Blog

DECEMBER 28, 2021

For the core topic examined in the report, namely the remedies against online piracy of sport event broadcasts and the procedural rules, despite the aforementioned differences between the countries, the approaches and solutions taken reveal some significant trends.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

IP and Legal Filings

JULY 5, 2023

During the process of registering a trademark, an applicant may encounter two obstacles: a) Objections; b) Contradictions Trademark Objections Trademark objections are those that a client encounters during the early stages of the registration procedure. During the course of reviewing the request, the registrar may propose changes.

Trademark 59

Trademark Registration Branding Brands 59

LexBlog IP

FEBRUARY 14, 2024

Background and Procedural History ParkerVision owned U.S. The Federal Circuit reiterated prior case law holding that IPR proceedings are formal adjudications that must satisfy the Administrative Procedure Act (“APA”). ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No.

Inventor 52

Inventor Patent Art Law 52

Patently-O

MAY 23, 2022

These efforts helped to persuade ITC administrative law judges to implement Markman hearings. These efforts spread the wisdom of a new civil procedure framework for patent litigation. PATENT INSTITUTIONS AND ADMINISTRATIVE REVIEW PROCEEDINGS. SELECTED TOPICS. JUDICIAL INSTITUTIONS. PATENT INVALIDITY. PATENT INFRINGEMENT.

Patent 67

Patent Litigation Intellectual Property Intellectual Property Law 67

LexBlog IP

OCTOBER 27, 2021

The first study covering these topics was released on March 13, 2018, and the second on July 18, 2019. Food and Drug Administration’s (FDA’s) electronic Orange Book database. This statistic likely reflects the strength, or perceived strength, of these types of patents to potential challengers. Trends Over Time.

Patent 52

Patent Settlement Litigation Reporting 52

SpicyIP

AUGUST 2, 2021

Topical Highlight. He first summarizes the Standing Committee Report’s recommendation on reinstitution of the IPAB with more structural autonomy and administrative reforms. A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System.

Reporting 116

Reporting Designs Design Copyright 116

Patently-O

FEBRUARY 24, 2022

The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. The question in the petition is whether the Federal Circuit is permitted to “reverse an administrative agency’s decision on a factual ground not addressed by the agency.”

Patent Law 95

Patent Law Law Patent Litigation 95

LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. The patent office equates the duty of disclosure to the office to the obligations imposed by Rule 11 of the Federal Rules of Civil Procedure. Who Has a Duty to Disclose. From Rule 11(b): (b) Representations to the Court.

Government 52

Government Intellectual Property Marketing Marketing 52

The IPKat

DECEMBER 28, 2021

A referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence ( Case Law of the Boards of Appeal, I-D-4.6 ). The proposal will go to the Administrative Council for approval in early 2022 ( EPO press release ).

Invention 67

Invention Publishing Patent Law 67

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): 1 Case; Procedure / Standing: 6 Cases; Eligibility ( AmAxle Redux): 3 Cases; and. Randomness (don’t bother with these): 2 Cases.

Patent Law 126

Patent Law Law Patent Invention 126

The IPKat

SEPTEMBER 12, 2021

Later in the judgment at [48], Mr Justice Mellor in this case neatly summarized the touchstone for expedition as being that " reasons in favour of expedition must be sufficiently powerful to outweigh any interference with the administration of justice, prejudice to others and any special factors against expedition."

Litigation 98

Litigation Patent Marketing Marketing 98

43(B)log

JUNE 29, 2023

Suggestions become requirements and you end up with procedures that require outdated or counterproductive elements because they’re in the regs. Chinese legal culture: The action isn’t in legislation; the action is in administration afterwards. Might be broken down by topic. Federal/state/local overlaps also affect this.

Law 52

Law Privacy Litigation Social Media 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] patent; and 3) that an industry with respect to articles protected by the patent exists or is in the process of being established. [3]

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Here are the most popular posts over the past few months. Thus, with its order of July 11, 2023, it allowed an appeal to proceed (see case C-93/23, EUIPO v Neoperl).”

Blogging 64

Blogging Law IP Copyright 64

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. New administration and revision of Green Guides may be an opportunity for FTC to change its approach. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

FEBRUARY 18, 2024

All that remains today is uneventful procedural codifications, and minor changes in party submission formats. all of the controversial topics have been dropped). Maybe …the clock on the Vidal administration is ticking. The Biden Administration is also approaching an election. Well, the wait is almost over.

Settlement 52

Settlement Publishing Patent Intellectual Property 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

I don’t know the unique dynamics and procedures of this court, so I don’t know what backstories might underlie this opinion. I don’t love Justice Edelman’s approach that a Facebook accountholder “publishes” any third-party comments that are within the topical scope of the initial post.

Publishing 97

Publishing Social Media Blogging Law 97

LexBlog IP

SEPTEMBER 5, 2023

The changes include rather mundane clarifications on such topics as public access and demonstrative submission for ex parte hearings. While the Administrative Procedure Act (APA) provides a right to a hearing, it does not mandate the manner or place for such a hearing (in-person or virtual).

Invention 52

Invention Publishing Patent Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

1] A 5-4 majority concluded that the America Invents Act grants “unreviewable authority” within the executive branch to administrative patent judges “incompatible with their status as inferior officers” under the appointments clause of the U.S. Supreme Court decided the highly anticipated U.S. Arthrex Inc. ”[5].

Patent 52

Patent Art Technology Law 52

LexBlog IP

NOVEMBER 8, 2023

As addressed in this case, if an application for determination concerns a use that has already been carried out, it would be a final determination, which has to be made by a competent regular court (excluding the procedure of injunctive measures). the award of the equitable remuneration).

Music 52

Music Related Rights Law Contracts 52

LexBlog IP

APRIL 15, 2022

For a wholly foreign owned enterprise, the threshold of an auction license has been lowered since 2019, when the PRC Ministry of Commerce amended the Auction Administration Regulation. [6] 9] Admittedly, most of them are intuitive or procedure-oriented. Survival in a Unique Landscape.

Art 52

Art Marketing Marketing Artwork 52

LexBlog IP

JUNE 2, 2023

However the post grant procedure has evolved. Instead, a single procedure, subject to a single renewal fee in a single currency, is all that is required for a Unitary Patent, which can then be enforced in a single, centralised, litigation system before the UPC. If an opt-out is withdrawn, it is not possible to opt-out again.

Patent 52

Patent Government Litigation Blogging 52

Kashishipr

NOVEMBER 10, 2021

Paragraph 5 of the Declaration throws a brighter light on the topic of compulsory licensing than what is visible in the TRIPS Agreement. The Declaration is a very crucial step to provide for medicines to protect public health.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

IP and Legal Filings

DECEMBER 21, 2023

The States are required to provide “the same opportunities to participate actively in sports and physical education” to “men and women” according to Article 10(g) of this treaty, which deals with the topic at hand. The responsibility includes putting in place defined rules, moral standards, and reporting procedures.

Reporting 72

Reporting Journalism Government Law 72

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

6 grants “unreviewable authority” within the executive branch to Administrative Patent Judges (APJs) “incompatible with their status as inferior officers” under the Appointments Clause of the United States Constitution. Likewise, as with rehearing, the interim procedures do not reserve briefing for the non-requesting party.

Reporting 52

Reporting Art Invention Patent 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Alvotech has also announced results from a randomized study in patients that demonstrate bioequivalence of repeated switches between administration of Humira ® (adalimumab) and Alvotech’s high-concentration proposed biosimilar, AVT02, to administration of Humira ® without switching. Alvotech hf. See -2289 Dkt. 761; see also Dkt.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 29, 2022

Given the Biden Administration’s objective of fostering worker mobility, 2022 will likely see additional efforts at the federal level to curb the use of non-compete and no-hire agreements, particularly with respect to lower waged workers. its training procedures, and its off-boarding policies.

Confidentiality 40

Confidentiality Business Law Contracts 40

LexBlog IP

MARCH 12, 2023

Staying on the topic of Rule 12(b)(6) motions, during the course of my review of these cases each month, I am seeing a trend by federal courts denying these motions on the trade secret claims but sometimes dismissing other tort claims. .” An opinion issued by the U.S. Hugo Glazman thinks so in an article for ALM Benefits Pro.

Blogging 52

Blogging Litigation Ownership Reporting 52

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. Section 230 does more than gap–it’s also a procedural fast lane to reach the inevitable result. “there’s no First Amendment right for censors to select their targets.”

Social Media 136

Social Media Publishing Law Blogging 136

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Administrative remedies: injunction; civil compensation; some criminal penalties. High procedural costs in time and money, insufficient remedies.

IP 59

IP Marketing Marketing Patent 59