Remove topics burden-shifting
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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. This Kat suspects that the shift to "credibility" is partly an attempt by the EPO to distance itself from the UK courts and their approach to plausibility as almost a legal concept in and of itself.

Invention 110
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EPO under fire for its approach to ST.26 sequence listings

The IPKat

The shift to ST.26, epi also complains about the burden on users of converting sequences to ST.25 epi argues, however, that there is a considerable burden for applicants of cases having hundreds of sequence listings (e.g. Sequence listings are used by patent offices to search the prior art for the listed sequences. 26 standard.

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5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

43(B)log

21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! NIFLA says that abortion is a controversial topic, making disclosures about abortion controversial; but NetChoice said that “ disclosures of social media censorship decisions” were not controversial. R J Reynolds Tobacco Co.

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Cloned-and-Revised Legal Documents Aren’t Copyrightable–UIRC v. William Blair

Technology & Marketing Law Blog

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The court also affirms the discretionary copyright attorneys’ fee shift, to the tune of over $1.5M various places where the disclosure must use magic words to be legally effective).

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Collaborate Away: Ninth Circuit Rules that Non-Solicitation Provisions in Collaboration Agreements Are Not Per Se Violations of Federal Antitrust Law

LexBlog IP

Naked restraints are per se violations of Section 1, while ancillary restraints are evaluated through a three-step, burden-shifting, rule-of-reason factual analysis. Ancillary restraints, while restraints on competition, are subordinate, collateral, and necessary to a legitimate transaction.

Law 52
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Collaborate Away: Ninth Circuit Rules that Non-Solicitation Provisions in Collaboration Agreements Are Not Per Se Violations of Federal Antitrust Law

Trading Secrets

Naked restraints are per se violations of Section 1, while ancillary restraints are evaluated through a three-step, burden-shifting, rule-of-reason factual analysis. Ancillary restraints, while restraints on competition, are subordinate, collateral, and necessary to a legitimate transaction.

Law 52
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The State of Scholarly Metadata: 2023

Velocity of Content

As scholarly communication rapidly adapts to seismic shifts in open science, technology, and culture, a renewed focus has emerged on metadata and persistent identifiers (PIDs) — about people, places, and objects — as an essential component of a vibrant industry. But where to start?