Remove topics carve-out-provisions
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ITC Monthly Wrap-Up: November 2021

Fish & Richardson Trademark & Copyright Thoughts

UEI argued that such an exception should not apply, however, “because there is no palpable concern that would merit a carve-out for service and repair” and Roku did not provide evidence of what such a carve out would be. Complainant’s Response to the Commission Notice of Review, EDIS No.

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Data Portability Rights versus IP – Part II

Kluwer Copyright Blog

Among the seven loosely interconnected topics in the Proposal, two chapters are expected to establish new entitlements that bear traits of data portability rights. What all this teaches us, is that the DA is expected to introduce new portability rights, but that the provisions on these rights are still open for much improvement.

IP 56
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2021 Post-Grant Report

Fish & Richardson Trademark & Copyright Thoughts

IPR2021-00330) was the only request granted out of a total of 53 requests in 2021. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. There are no carve-outs for co-pending litigation (abrogating Fintiv ) or serial petitions (abrogating General Plastic ).

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Biosimilars 2021 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., The fate of these bills remains uncertain. BPCIA Litigation.

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The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton

Technology & Marketing Law Blog

Judge Oldham’s lead opinion goes out of its way to embrace a circuit conflict (“The Platforms urge us to follow the Eleventh Circuit’s NetChoice opinion. The Texas law has four main provisions. No one has yet challenged this provision, so it was never enjoined and remains available for AG Paxton to enforce.