LexBlog IP

AUGUST 9, 2023

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location. ”) was correct.

Invention 52

Invention Patent Intellectual Property 52

Patently-O

APRIL 28, 2022

Thus we get: New Matter Written Description : Any amendments made to the claims during prosecution must be supported by the originally filed specification. In particular, the original specification must show ‘possession’ of the newly claimed invention. 282 (as amended by AIA 2011).

Inventor 104

Inventor Invention Art Litigation 104

Technology & Marketing Law Blog

MAY 13, 2024

With that in mind, this district court carefully considered each of the claims asserted. It now concludes that none of the claims passes muster. With respect to the tortious interference and breach of contract claims, the court found that the complaint only contained allegations of damages related to the selling of scraped data.

Blogging 92

Blogging Contracts Cease and Desist Social Media 92

Patently-O

AUGUST 5, 2022

Patent Act was amended in 2011 to expressly require that inventors be “individuals.” In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. In the case, Thaler claims to own a computer named DABUS, and that DABUS conceived-of two patentable inventions.

Invention 99

Invention Inventor Patent Law Patent 99

Technology & Marketing Law Blog

FEBRUARY 17, 2022

Fortunately, the court has no problem rejecting the copyright claim because the emoji depictions weren’t identical: The copyrighted works are expressions of Cub Club’s idea of racially diverse emoji. If the plaintiffs do file an amended complaint and fail again, the court ought to issue a fee-shift to Apple. Marc Jacobs.

Copyright 136

Copyright Copying Blogging Intellectual Property 136

Technology & Marketing Law Blog

JULY 14, 2022

This is a troubling ruling on TOS amendments. It apparently requires clickthroughs to form TOS amendments, regardless of what the TOS specifies as the amendment process. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: I hope it’s not. * * *.

Contracts 108

Contracts Blogging Business Law 108

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

She sued the sheriff’s office for a declaratory judgment that it had violated her First Amendment rights. The court agrees, in an opinion filled with numerous gems and zingers supporting free speech, such as: “Even if short and often grammatically scurrilous, social media posts do not fall outside the ambit of the First Amendment.

Law 101

Law Social Media Government Contracts 101

TorrentFreak

MARCH 2, 2023

The “repeat infringer” issue remains a hot topic in U.S. Internet providers face damages claims reaching hundreds of millions of dollars, while tens of thousands of Internet subscribers risk having their accounts terminated. courts, with ongoing lawsuits against several ISPs. Internet provider RCN is one of the companies targeted.

Privacy 124

Privacy Copyright Infringement Copying Copyright 124

The IP Law Blog

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. Vip Products. AJ Press was founded by two journalists who used to write for Politico.

Television 113

Television Trademark Law Registration 113

Patently-O

JUNE 15, 2022

This opinion nominally addressing indefiniteness illustrates the power of de novo claim construction review at the Federal Circuit. UMass’s claimed invention is a topical skin care product containing adenosine that is applied to the skin. ” Slip Op.

Invention 78

Invention Inventor Blogging Patent 78

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. GuestKat Rose Hughes provided here insights with several KatFriends also offering their views on the matter.

Intellectual Property 67

Intellectual Property Reporting Designs Design 67

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). Read comments and post your comment here.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

SpicyIP

FEBRUARY 27, 2024

Notably, during the 2012 copyright amendment, intriguing discussions emerged, such as this ghost Post questioning if Performance under the Copyright Act is confined to live performances (See also here ). Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. That’s all from my end. (By Well … not really!

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

The IPKat

SEPTEMBER 12, 2021

In this series, the blog's authors offer answers to 21 topical copyright questions for the 21st century. It reviews the basic issues on the topic, then elaborates on the importance of performers’ rights for creative industries and the main debates and developments in the area. Last week’s post is dedicated to performers’ rights.

Blogging 67

Blogging IP Publishing Copyright 67

IIPRD

APRIL 8, 2024

This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions. 6] If these claims will be justified then the penalties will be placed for said infringement. [7] In a recent case i.e. Anderson v.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Chicago IP

MAY 12, 2021

Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. The Court would not prevent damages topics because Carjams intended to use a damages expert. Damages was still an appropriate topic for a corporate deposition.

Patent 40

Patent Patent Application Art Licensing 40

The IPKat

MARCH 6, 2022

In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. The main trend has been to amend existing national copyright laws in light of the new provisions of the Directive.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

Technology & Marketing Law Blog

OCTOBER 5, 2021

Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” “While not entirely on topic, this comment also abided by the page’s terms and conditions.” The First Amendment protects disrespectful language. Implications.

Social Media 107

Social Media Government Designs Design 107

The IPKat

JULY 30, 2021

As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. This does not affect the damages claim laid down in paragraph 2. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Technology & Marketing Law Blog

JANUARY 2, 2023

24, 2022): Based on First Amendment jurisprudence, the hosting, content, and title of Plaintiffs’ Facebook page are protected activities under the First Amendment… The content of the page included discussions about issues relating to the District. Plaintiff therefore successfully states its trademark claims. *

Trademark 84

Trademark Social Media Registering Trademarks Intellectual Property 84

The IPKat

JULY 17, 2023

This was important because where a mark is determined to be an “expressive work”, US courts have historically applied the threshold test derived from the First Amendment in the Rogers v Grimaldi decision. The Rogers test requires, in the case of “expressive works”, the dismissal of an infringement claim at the outset.

Fair Use 52

Fair Use Trademark Designs Design 52

The IP Law Blog

JUNE 10, 2021

Previous attempts to pass a law addressing post mortem protection of rights of publicity failed due to concerns over the First Amendment. Her estate claimed New York as her legal domicile at the time of her death (despite the fact that she lived in California and California recognized post mortem right of publicity at that time).

Privacy 85

Privacy Music Law Advertising 85

SpicyIP

MAY 16, 2023

The report claims that the unique characteristics of the patent case management by courts have deep connections with the overall conditioning (normative, structural and socio-economic) of the respective jurisdiction. The report dedicates individual chapters on at least 9 of top 15 economies (by GDP metric ) in the world.

Patent 105

Patent Reporting Intellectual Property Law 105

LexBlog IP

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. Vip Products. One such case is 20th Century Fox Television v.

Television 52

Television Trademark Registration Government 52

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. However, I’ll confess that it’s hard to avoid cynical disbelief about his claim. That’s been the basis of every facial challenge on First Amendment free speech grounds.

Social Media 122

Social Media Blogging Law Technology 122

LexBlog IP

DECEMBER 15, 2022

So the big item on the agenda was the announcement that the FTC will review the “Guides for the Use of Environmental Marketing Claims,” affectionately known as the Green Guides. It is standard practice at the FTC to review every rule or guide at least every ten years, and the Green Guides were last amended in 2012.

Privacy 52

Privacy Technology Publishing Reporting 52

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! The Court did not pass an interim injunction order, holding that the plaintiff ought to have done claim mapping and directed them to do so as expeditiously as possible.

Invention 59

Invention Trademark IP Patent 59

43(B)log

JULY 20, 2023

As a fact witness, the government agreed that he could supply what he claims is “the scientific basis upon which he made the alleged misstatements” for the purpose of assessing whether he had sufficient substantiation for his claims. First, Nepute didn’t offer a First Amendment defense in the answer and couldn’t do so now.

Government 52

Government Advertising Advertising Social Media 52

IP and Legal Filings

FEBRUARY 2, 2024

” The claim that images of gods and goddesses are being put in trash cans alongside other trash does not offend anyone here either. The legislature has not taken a stand on this topic. In Parul Food Specialities Pvt. Constitutional rights must be taken into account by the courts before providing protection. 1] Acharya, M.

Trademark Law 91

Trademark Law Trademark Law Service Mark 91

TorrentFreak

APRIL 24, 2023

For rightsholders claiming to have exhausted its limits, that clearly wasn’t ideal. Perhaps fittingly given the topic, the EC’s report has already leaked online and according to reports, rightsholders are underwhelmed by the document, to put it mildly. The EC refused and offered existing law as the solution.

Reporting 107

Reporting Advertising Advertising Law 107

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?) The claims require a “binding element” to bind T-cells to cancer cells. It is a forest-tree situation.

Patent Law 125

Patent Law Law Patent Invention 125

Patently-O

FEBRUARY 24, 2022

and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” The patent here claims a genus of monoclonal antibodies that the Federal Circuit lacked sufficient enabling disclosure. Alice Step 1).

Patent Law 95

Patent Law Law Patent Litigation 95

The IPKat

AUGUST 4, 2021

8) of the Trade Mark Law of China (TML, 2013 Amendment),* an absolute ground for refusal and invalidity that applies when a sign is ‘detrimental to socialist morality or mores or having any other adverse effect’. Therefore, the Court found the claimed association unsubstantiated. 34784, ‘the TMO’s decision’) for violating Article 10.1(8)

Intellectual Property 62

Intellectual Property IP Law Registration 62

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). The first modification that was proposed concerned the system of the tax incentive.

Designs 70

Designs Design Patent IP 70

LexBlog IP

APRIL 29, 2022

So, for today’s meeting, the first substantive topic was possible amendments to the TSR, and this, oddly enough, brings us back to 2014, which is also the year that Macklemore beat out Kendrick Lamar and Ed Sheeran for Best New Artist at the Grammys. The proposed rule would also have additional recordkeeping requirements.

Business 52

Business Law Litigation Marketing 52

The IPKat

DECEMBER 22, 2023

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. After a flurry of decisions at the start of the year , the Boards of Appeal have gone rather silent on the topic of ViCo oral proceedings. This is one to watch for 2024. Will this be G1/24?

Invention 110

Invention Inventor Patent Law 110

IP Tech Blog

DECEMBER 3, 2021

It is worth noting that this Guidance has not amended the Codes. Savings claims: Claims regarding savings on bundled items should be representative of the savings that are made generally by players, rather than inflating the savings based on the most expensive price-per-unit equivalent. Practical Advice.

Advertising 67

Advertising Advertising Publishing Reporting 67