Patently-O

NOVEMBER 29, 2023

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. While standing was not necessary to file an IPR because of the administrative nature of the PTAB, standing is a constitutional requirement for appeal to the federal courts.

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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. Plan service providers and fiduciaries therefore are well advised to review the DOL’s guidance and their cybersecurity practices.

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Reporting Business Blogging Law 52

Velocity of Content

MAY 30, 2023

OA management platforms rely on metadata elements, particularly organizational PIDs passed from upstream submission and peer review systems, to automate the process of matching manuscripts with potential funding sources. We discovered that 82% of accepted manuscripts included such data , which was an improvement over prior years.

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Patently-O

MAY 23, 2022

These efforts helped to persuade ITC administrative law judges to implement Markman hearings. has moved in that direction with the establishment of the Patent Trial and Appeal Board’s Inter Partes Review and Post-Grant Review authority. PATENT INSTITUTIONS AND ADMINISTRATIVE REVIEW PROCEEDINGS. APPELLATE REVIEW.

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Patent Litigation Intellectual Property Intellectual Property Law 67

The IPKat

MARCH 28, 2022

The conference lasted almost three days and with a large number of topics having been discussed. The IPKat reports on some of the trends and topics from the conference below. The original conference program (which was only slightly amended due to some covid-related absences).

Reporting 76

Reporting Litigation Patent Confidentiality 76

SpicyIP

NOVEMBER 17, 2023

Analysis and review of legal provisions on the content covered. She has authored numerous impactful law reviews and book chapters on a variety of issues published in top law reviews. Learn the practical aspects of Patent application and prosecution in the context of Indian IPR law.

Intellectual Property 105

Intellectual Property Technology IP Law 105

Intepat

OCTOBER 17, 2023

Health and Education – Indispensable Factors Health consistently holds a prominent position in G20 conferences, with global discussions on this vital topic being a common occurrence. Tackling Corruption to protect IP The aim of all signatories in the Summit was also to eliminate corruption to the fullest.

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IP Intellectual Property Blogging Privacy 52

SpicyIP

OCTOBER 19, 2023

Recently, in the 161st report of the Parliamentary Standing Committee Report on Review of the IPR regime in India , there came a suggestion of making a separate law for trade secrets in India. The topic was particularly pondered in a post called “ Is “Science” Essential for Creating Patent Lawyers ?” where Prof.

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Patent Prosecution Reporting Blogging Patent 59

The IPKat

SEPTEMBER 27, 2021

This is a review of The Intellectual Property of Nations: Sociological and Historical Perspectives on a Modern Legal Institution by Laura R. This book is a work of art, that reads like a novel, but blows your mind like a documentary on a topic that you thought you were already schooled in!

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Intellectual Property IP Law Government 130

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. 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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Litigation Advertising Advertising Reporting 52

SpicyIP

AUGUST 2, 2021

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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Reporting Designs Design Copyright 116

Technology & Marketing Law Blog

JUNE 1, 2022

Given the strength of the 11th Circuit decision, it would be ideal to have that opinion frame SCOTUS’s consideration of the topic. The rest of this post will critique Justice Alito’s dissent: “This application concerns issues of great importance that will plainly merit this Court’s review.” ” I agree.

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Social Media Blogging Law Technology 122

LexBlog IP

APRIL 11, 2022

The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. detailing previous administrative cases involving violations of the Textile Act.

Settlement 52

Settlement Blogging Branding Brands 52

Velocity of Content

DECEMBER 9, 2021

An outcome of a three-year review process, the policy was finalized and published on 6 th August 2021, after receiving 350 responses over the course of a year-long consultation. Jisc will consult further on the topic, leaving open the possibility of UKRI taking a different approach to most other cOAlition S funders.

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Journalism Publishing Licensing Editing 98

LexBlog IP

FEBRUARY 7, 2024

AI is already impacting the document review and production process, legal research, and the drafting of court submissions. The rapid development of AI is introducing new opportunities and challenges to dispute resolution. 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7] 2] Ibid , at para.

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Publishing Government Litigation Inventor 52

43(B)log

FEBRUARY 17, 2022

Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. The test group saw homepage statements regarding FDA involvement in Tru Niagen, including the phrases “3 FDA Safety Notifications” and “reviewed and accepted by.

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False Advertising Advertising Advertising Social Media 59

Patently-O

FEBRUARY 24, 2022

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. 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. 2022)(forthcoming).

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Patent Law Law Patent Litigation 95

IP and Legal Filings

JULY 5, 2023

During the course of reviewing the request, the registrar may propose changes. Examples of service categorization classes include: Advertisement, business administration, business management, and office functions are all part of Class 35. Class 41: Education, training, amusement, and so on. This is due to the fact that it may lead to.

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Trademark Registration Branding Brands 59

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?) But, it is tough to get the Supreme Court to hear a review on detailed factual findings. 56 but instead drew inferences against Hyatt.

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Patent Law Law Patent Invention 125

Kluwer Copyright Blog

DECEMBER 28, 2021

In particular, the Report relies on an extensive review of the EU law, Court of Justice of the European Union (“CJEU”) decisions and case law concerning remedies against online piracy, starting from the results of a questionnaire submitted to international experts from relevant institutions, universities and law firms.

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Reporting Publishing Intellectual Property Intellectual Property Law 52

IIPRD

APRIL 13, 2023

Then, the bill was sent for review to a joint committee of the Parliament with 31 members. In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. High Courts have disagreed about Section 63 of the Copyright Act, the primary clause that is used in these cases, for many years.

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IP Copyright Infringement Copyright Government 52

LexBlog IP

SEPTEMBER 9, 2022

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.

Government 52

Government Intellectual Property Marketing Marketing 52

43(B)log

FEBRUARY 24, 2021

Twitter reviews for Sephora where consumers were demanding money for allegedly expired products and saying they couldn’t get refunds from Sephora. Reviews: Vitamins Online v. Heartwise: Manipulation of reviews actionable under Lanham Act, including manipulating “helpful” votes and giving people free stuff for positive reviews.

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Advertising Advertising Law Privacy 40

Michael Geist

APRIL 6, 2022

That post examined the implications of the policy for press independence, competition and innovation, compensation without value, reliance on big tech, and administrative and governance risks. I wrote in great detail yesterday about why the bill is bad for press independence and competition.

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Government Business Journalism Marketing 99

Technology & Marketing Law Blog

NOVEMBER 21, 2021

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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Copyright Registration Fair Use Designs 117

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Courts should take a liberal approach to determine what should be the scope of “criticism”, or “review” or “current events”. Criticisms or Reviewing of a certain piece or literary, artistic or dramatic work do not amount to infringement. If periodicals reproduce articles on current topics, they are not infringing copyrighted work.

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Fair Use Copyright Law Copyright Law 52

The IPKat

NOVEMBER 27, 2021

In this post, this Kat will review the first two Parts, on intersections of IP with other areas of law and with the humanities. A follow-up review will cover the other two Parts of the book. The topic of the intersection between private international law and IP law is continued in Chapter 2 by Graeme W. In Chapter 11, Joshua D.

Intellectual Property 144

Intellectual Property IP Law Privacy 144

The IPKat

NOVEMBER 27, 2023

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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Editing Registration Branding Brands 70

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. 2022 Trade Secrets & Non-Competes Year in Review View the Recording – CLE credit for this recording expires on January 23, 2024.

Confidentiality 52

Confidentiality Litigation Business Law 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

In their Law360 Expert Analysis article, principals Kenneth Darby and Josh Griswold discuss the state of USPTO Director review since the Supreme Court’s decision in Arthrex. ”[3] Thus, AIA trials at the Patent Trial and Appeal Board were preserved, and the new age of director review began. The Contours of Director Review.

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Patent Art Technology Law 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).”

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Blogging Law IP Copyright 64

LexBlog IP

FEBRUARY 18, 2024

” This rule proposal is under review with the Office of Information & Regulatory Affairs (OIRA) of OMB. 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. What happened?

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Settlement Publishing Patent Intellectual Property 52

LexBlog IP

NOVEMBER 30, 2021

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. In response, Apple petitioned the Patent Trial and Appeal Board (“Board”) for inter partes review (“IPR”) of U.S. Qualcomm Inc. , No 20-1683 (Fed. Background. Patent Nos.

Settlement 52

Settlement Licensing Litigation Art 52

Velocity of Content

DECEMBER 13, 2023

On October 30, the Biden Administration issued an Executive Order on “Safe, Secure, and Trustworthy Artificial Intelligence.” In reading the Executive Order (EO), I was most interested in learning the Biden Administration’s approach on three topics: (1) copyright, (2) AI accountability, and (3) AI use in education.

Privacy 52

Privacy Copyright Reporting Licensing 52

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. 2022 Trade Secrets & Non-Competes Year in Review View the Recording – CLE credit for this recording expires on January 23, 2024.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

The IPKat

AUGUST 6, 2023

And, speaking of the book, we are happy to re-publish the review that Bill Patry (Mayer Brown) provided of it, as just published by the Journal of Intellectual Property Law & Practice. The book under review is a testament to the blog’s enduring ability to attract the best legal minds in IP to write for it and for free.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

With the PTAB’s constitutional defect now cured, the post-grant world refocused its attention back to more typical matters – discretionary denial, institution reviewability, and the one-year time bar, among other issues. For even more 2021 post-grant updates, please see our Post-Grant 2021 Year in Review webinar here. Download a PDF.

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