Remove topics de-novo-standard-of-review
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The Basics of TTAB Oppositions

Fish & Richardson Trademark & Copyright Thoughts

The TTAB has also published a Trademark Trial and Appeal Board Manual of Procedure (the “TBMP”), which contains the rules related to pursuing trademark oppositions, cancellations and ex parte appeals at the TTAB, including on topics such as trial procedure, motions, and discovery. What can you do? Common Law Rights. Robust Precedent.

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U Mass v L’Oréal: Avoiding indefiniteness through claim construction

Patently-O

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. University of Massachusetts, Carmel Laboratories, LLC v. L’Oréal, S.A.,

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Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently-O

These instructions explain the relevant law, legal standards, and how the jury should apply the law to the facts of the case when reaching a verdict. Appellate courts review the legal accuracy of jury instructions de novo and will order a new trial if they find the instructions were erroneous and the error was prejudicial.

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Reddit Objects to Filmmakers’ Renewed Attempt to Obtain User IP Addresses

TorrentFreak

Early last year, a group of filmmakers obtained a subpoena that required Reddit to reveal the identities of users who commented on piracy-related topics. Magistrate Judge Thomas Hixson denied their most recent attempt last month, they moved for a ‘de novoreview at the California federal court.

IP 105
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OneSubsea IP UK Ltd. v. FMC Tech., Inc., No. 22-1099 (Fed. Cir. May 23, 2023)

Intellectual Property Law Blog

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285 and certain circumstances that do not make a case exceptional. FMC’s accused device].

IP 130
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OneSubsea IP UK Ltd. v. FMC Tech., Inc., No. 22-1099 (Fed. Cir. May 23, 2023)

LexBlog IP

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § § 285 and certain circumstances that do not make a case exceptional. FMC’s accused device]. § 285.

IP 52
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Judge Goes Rogue and Rejects Snap’s Section 230 Defense for [Reasons]–Neville v. Snap

Technology & Marketing Law Blog

To get around the clear Section 230 barrier to those claims, the plaintiffs attempted the now-standard Lemmon v. Facebook is on appeal to the California Supreme Court, and I filed a letter in support of granting review in the case.] They sued Snapchat for a wide ranges of tort claims. ”) as a defective product. Note: Liapes v.