LexBlog IP

SEPTEMBER 9, 2022

The second portion of the notice emphasizes the consistency of disclosure to the USPTO among other governmental agencies and commercialization activities, including market testing, offers for sale, and reduction to practice. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1.

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43(B)log

MARCH 25, 2024

21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! The Fifth Circuit upholds mandatory cigarette warnings as acceptable compelled commercial speech under Zauderer , reversing the district court’s 2022 decision. Food & Drug Admin., 2024 WL 1208111, F.4th 23-40076 (5 th Cir.

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SpicyIP

JULY 5, 2021

Topical Highlight. I argue that rewarding knowledge production and creative effort itself through maximising commercial advantage via exclusive rights are incentives that do not apply to government works whose primary motivation for creation is public dissemination. Golden Tobacco Ltd. Other Posts. Image from here.

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The IPKat

JUNE 25, 2021

Since 2013, Donal has been included into the IAM 300 (the world's leading IP Strategists) an annual listing of those individuals identified as offering operating companies and other IP owners world-class advice on maximising the value of their intellectual property. The book offers great insights into this area and its practical implications.

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43(B)log

JULY 20, 2023

In general, advertisements provide consumers with information regarding products or services for sale in commerce. Under Section 12 of the FTC Act, an “advertisement” is a publication that has the “tendency or capability to induce the sale of [a] product.” Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D.

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LexBlog IP

APRIL 13, 2022

You may even be required to offer your expensive new software to others for free. § 101 – “work made for hire” is oft misunderstood and, thus, will be the topic of a subsequent article), the person(s) who created the software code is/are the owner(s) of the copyright in the software. .”

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The IPKat

SEPTEMBER 12, 2021

Background Abbott and Dexcom compete in the sale of glucose monitoring devices for diabetes. The second of these decisions, Abbott v Dexcom [2021] EWHC 2246 , concerned Abbott's latest application to expedite a patent trial revoking four of Dexcom's patents. Mr Justice Mellor dismissed the application " with some regret ".

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TorrentFreak

MAY 16, 2022

What makes these matters interesting is that Watch Tower does not commercialize its content, so the classic arguments about preventing lost sales are a non-starter. After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. Something didn’t sit right.

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. There have been some noteworthy recent decisions in trade secrets law. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. at 914; see also ResMan, LLC v. Karya Prop.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 6] For respondents with commercially significant inventory in the U.S., What are the Benefits of Litigating at the ITC?

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Technology & Marketing Law Blog

JULY 5, 2021

Some interesting discussion on the use of Google and Twitter to determine genericness: Plaintiffs also offered evidence of Google searches and social media mentions on Twitter to support their position that PRETZEL CRISPS is not generic. But New York’s common law unfair competition cause of action is “adaptable and capricious.” “It

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Technology & Marketing Law Blog

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. Andy Warhol. And Prince, the Purple One. (Or Or in this case, Orange.) Goldsmith et al. , 598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Money and copyright won by a 7-2 majority.

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Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. The CJPA creates a royalty pool of the “revenue generated through the sale of digital advertising impressions that are served to customers in the state through an online platform.”

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SpicyIP

JULY 21, 2021

Defendant) has infringed its patent, as evidenced by their advertising for sale of Sitagliptin Hydrochloride and thus obtained an ex-parte interim injunction preventing the Defendant from using Sitagliptin, via order dated 21st October 2020. . UoI and Bayer v. Alembic Pharmaceutical Ltd. Background . Basheer and Prashant here.) .

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LexBlog IP

JANUARY 17, 2022

The main room will offer the firm’s most popular workshop, HR Law & Solutions. Topics and speakers. Guest Panelists: Leslie Rippley (Divisional Assistant Vice President of Florida Sales for Summit Holdings) and Christopher T. Click here to download the brochure. panelists: Amanda Barritt, Esq. Amanda Ross, Esq. ,

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LexBlog IP

NOVEMBER 11, 2022

Dennis noted that all 10 of the cases involved employer/employee disputes and many arose in the sales representative context over customer and sales information. million verdict against Ford Motor Co. Versata had been a vendor of Ford’s since the 1990’s until 2015 when Ford terminated the relationship. The jury awarded $22.39

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SpicyIP

JULY 19, 2021

Topical Highlight. She emphasises that as per Sullivan’s model in this regard, investors or exchange platforms offer to purchase the future stream of royalty earnings for limited periods or permanently from artists in exchange for advance payments. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary.

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SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. Yet, given fewer FDA approvals in 2020 and 2021, this year saw the lowest number of commercial launches since 2017. Commercial Launch Date. Introduction. Biosimilars Approved as of 2021.

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