LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. And it is noteworthy that the court takes a very dim view of the use of disclaimers to modify claims. Background.

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The IPKat

JANUARY 5, 2022

The Opposition Division further found that by introducing this subjective statement, the applicant had effectively introduced a disclaimer into the description. Final thoughts The topic of description amendments has recently come to the fore following the controversial updates to the Guidelines for Examination.

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SpicyIP

APRIL 24, 2022

If we were talented enough, we could’ve perhaps tried to create it as a play-script, but as you’ll see, it is more just an imagined conversation, where we also take ‘creative liberties’ in inserting connected readings, and jumping between topics.

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The TTABlog

DECEMBER 16, 2022

In its 180th Section 2(d) affirmance this year (against 14 reversals), the Board upheld a refusal to register the mark NATURES STAR HEMP for skin and body topical lotions, creams, balms, and salves for cosmetic use that contain hemp oil extract [HEMP disclaimed], finding confusion likely with the word-and-design mark shown below, for essential oils, (..)

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Patently-O

JUNE 15, 2022

UMass’s claimed invention is a topical skin care product containing adenosine that is applied to the skin. Panel: Prost, Mayer, Taranto (author). This opinion nominally addressing indefiniteness illustrates the power of de novo claim construction review at the Federal Circuit.

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Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

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The IPKat

FEBRUARY 27, 2023

This topic has been discussed in a recent conference on “Intellectual Property & Sustainability” as reported by The IPKat. A company's attention must therefore be constant, and a compliance plan seems appropriate. Photo courtesy of Luisa Callini and Minou.

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LexBlog IP

APRIL 25, 2023

Applicants should not list an AI tool as an author or co-author; and — in the “Limitation of Claim” section of the application, applicants must describe and disclaim any AI-generated content that is not de minimis.

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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?) A good percentage of patents (about 10% or so) are tied to another patent via terminal disclaimer. Eligibility in Worlds Inc.

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The TTABlog

DECEMBER 28, 2022

The USPTO refused to register the proposed mark CALIHEMP for “skin and body topical lotions, creams, oils, balms and salves for cosmetic use, all of the foregoing containing hemp oil extract containing hemp ingredients solely derived from hemp with a delta-9 tetrahyrocannabinol (THC) concentration of not more than 0.3

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Velocity of Content

SEPTEMBER 21, 2021

(Disclaimer: I’m not a scientist, nor have I have ever edited or peer-reviewed a scientific paper, although in my background research for this post I communicated with several colleagues who do fulfill such descriptions.

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The IPKat

FEBRUARY 10, 2023

The topics covered were numerous and very technical (biologic drugs, second medical use patents, SPC waivers and divisional patents, just to name a few) and the synthesis abilities of this former Kat do not allow for them to be covered here.

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Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Also, offline publishers routinely disclaim “responsibility” for third-party content, such as when they say that opinion pieces doesn’t represent their opinions. (2) Virtually every Internet service curates third-party content topically or thematically, such as message board topical threading.

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IP and Legal Filings

FEBRUARY 13, 2023

Image Sources : Shutterstock] Doctrine of Exhaustion A very important concept that needs to be understood while we delve into this topic of Parallel Imports is the doctrine of exhaustion. by the authorized dealer, the liability will not be on the original proprietor of the company or mark.

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SpicyIP

JANUARY 17, 2022

Since the topic requires a full-fledged research paper with detailed arguments, the post only touches upon the constitutional and international law aspects to show that there is a strong logico-legal case worth investigating, for the R2R in India.) . India’s Presumed-Access Research Right!

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LexBlog IP

SEPTEMBER 16, 2022

Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. ” (And as a disclaimer, one of us gave closing remarks at the workshop.) ” (And as a disclaimer, one of us gave closing remarks at the workshop.)

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43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., The disclaimer was in small font on a separate panel; that certainly wasn’t enough to grant a motion to dismiss.

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LexBlog IP

NOVEMBER 16, 2022

CAFC Clarifies Role of PTAB Disclaimer. Typically a Patent Owner would argue that its claims means something specific, and that by affirmatively saying so in the post-grant prosecution history, the claims should be interpreted as such by virtue of disavowal/disclaimer. Apple Inc. , 3d 1353 (Fed. See 35 U.S.C. §

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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.

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43(B)log

FEBRUARY 17, 2022

The control group was shown the same stimulus but with the following disclaimer added: “The Food and Drug Administration has not reviewed Tru Niagen for effectiveness.” While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he

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Patently-O

JANUARY 21, 2023

link] Topics : The USPTO invites written responses to the following questions and requests. Terminal disclaimers, allowed under 37 CFR 1.321(d) , allow applicants to receive patents that are obvious variations of each other as long as the expiration dates match. Commenters are welcome to respond to any or all of the questions.

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IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. Rothschild says that a disclaimer saying it is not affiliated with Hermès ensures no confusion for consumers. The judge in this case found that the alleged infringer’s use of the trademark was misleading.

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43(B)log

FEBRUARY 16, 2024

Moreover, when there is non-source confusion, the remedies ought to be different—disclaimers or other redesigns are the appropriate remedy, not prohibitory injunctions. citing Lexmark and concludes that “The Court is thus mistaken that “abstract consumer confusion is sufficient” to recover under the Lanham Act.”

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LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. Rothschild says that a disclaimer saying it is not affiliated with Hermès ensures no confusion for consumers. The judge in this case found that the alleged infringer’s use of the trademark was misleading.

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IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

APRIL 15, 2022

The standard for art auctions, for example, covers a wide range of topics, ranging from lots collection to catalogue compilation, from industry terminology to best practices for auctioneers. In practice, most auction houses have included such a disclaimer in their conditions of sale. The regulation of galleries is even less strict.

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LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. Senators: Terminal disclaimers, allowed under 37 CFR 1.321(d), allow applicants to receive patents that are obvious variations of each other as long as the expiration dates match.

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SpicyIP

JULY 26, 2021

Topical Highlight. He, however, highlighted the issue that this vacation of the ex-parte order came after 9 months of the injunction that too without any evidence of commercial sale by the defendant and sufficient disclaimers against the same. Thematic Highlight.

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SpicyIP

JULY 21, 2021

see here for our previous coverage on the Bolar exception and fans of an exhaustive reading on the topic can access the paper by Prof. Basheer and Prashant here.) . In coming to the above conclusion, the Single Judge J. C Hari Shanker discussed the Delhi High Court’s Bayer set of decisions and made the following observations:- .

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Technology & Marketing Law Blog

AUGUST 15, 2022

At Riben’s request, HuffPost added some disclaimers. This scenario implicates the quarter-century-old classic 230 case on the topic, Blumenthal v. Riben told HuffPost that she would defer to the HuffPost’s decision. HuffPost told Riben that it was her problem, not theirs. They do not. ’s creation of the content.”

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Technology & Marketing Law Blog

DECEMBER 26, 2023

Related topics * Patel v. See Complaint at ¶¶ 7, 10, 11; see also id. at ¶ 13 (“This complaint is … about Airbnb’s own content … ”)… On the basis of the allegations in the Complaint, it appears that Airbnb is not entitled to immunity under the CDA. Alphabet Inc., 2023 WL 4056327 (Ind. June 19, 2023). ” * M.K.

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). The search results here do not have those same disclaimers. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. ” (How about this: let’s not). The situation is even more precarious in the Google Playstore.

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Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Up to this point, I think the panel’s ruling has been pretty straightforward and obvious, even though it rejects the voluminous pro-censorship FUD directed towards these topics.

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LexBlog IP

NOVEMBER 1, 2023

Organizations should also implement mechanisms such as labelling or disclaimers to enable users to understand when they are interacting with AI systems. One of the outcomes of that summit was the establishment of the Hiroshima AI Process. This may include authentication and provenance mechanisms where feasible (e.g.,

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LexBlog IP

JULY 21, 2021

disclaiming personal creativity.” It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. So a lot is implied in, or possible from, the title ( as is often my intent on this blog ).

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. Whether the term “canceled” applies to amendments, disclaimer, or both is not immediately clear. Institution Reviewability. Exceptions to the One-Year Time Bar.

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Technology & Marketing Law Blog

MAY 5, 2024

The topic is a doctrinal morass because many details can affect the analysis. What topics does the account discuss? The Supreme Court’s Test The court unanimously holds: When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private.

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The IPKat

JULY 20, 2021

They would solve this by having offices query claims that seem unrealistically broad, and by requiring disclaimers of non-distinctive elements in signs. It will accommodate both students searching for a thesis topic and veteran academics interested in how their colleagues have brought their seminal papers 'up to date'.

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