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PTAB Updates and Expands the Director Review Process and Offers Transparency in Ex parte Appeals

LexBlog IP

the Patent Office implemented an interim process for the Director to review Patent Trial and Appeal Board decisions in AIA trials. Expansion : The Director review process is expanding to permit parties to request review of the Board’s institution decisions in AIA trials. Arthrex, Inc. ,

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Seeing Clearly: Article III Standing of IPR Judicial Review

Patently-O

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. Inter partes review is not unique. After the Board instituted, Cloudbreak disclaimed the genus claims, i.e., claims 1–3 and 6–11, leaving only claims 4 and 5, which more narrowly claim the use of nintedanib.

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SpicyIP Weekly Review (July 26 – August 1)

SpicyIP

Topical Highlight. Dr. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. He first summarizes the Standing Committee Report’s recommendation on reinstitution of the IPAB with more structural autonomy and administrative reforms.

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Recent Summary Judgment Decision in FleetCor Case Spells Trouble for CEOs and Disclaimers

LexBlog IP

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. And in August 2021, the FTC filed a separate administrative action against FleetCor and its CEO regarding the same practices. Background.

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Duty of Disclosure Before USPTO Highlighted in Federal Register

LexBlog IP

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. For example, the USPTO highlights the duty of disclosure on the applicant to review documents submitted and received from other government agencies. Who Has a Duty to Disclose. For example, under 37 CFR 1.56(a)

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[Guest post] Retromark Volume XIII: the last six months in trade marks

The IPKat

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ).

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Are Individual Emoji Depictions Copyrightable? Yes…Well, Sometimes…It Depends…

Technology & Marketing Law Blog

This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. Though it won’t be the final word on the topic, the decision gives us more insights into the Copyright Office’s thinking on the matter. Note: you may not have heard of the Copyright Review Board before.

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