The IPKat

OCTOBER 2, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 arose from a case seeking guidance on the evidence requirement for a purported technical effect relied on for inventive step ( IPKat ). This often creates a problem for applicants in cases where a purported technical effect requires experimental evidence.

Invention 70

Invention Art Publishing Patent 70

Plagiarism Today

JANUARY 27, 2022

ICANN controls the system by requiring registrars, the companies that sell domain names, to maintain the system on their servers. Even back then, privacy issues were a hot topic with many concerned that such a public database of personal information would lead to spam, harassment and other issues. These privacy issues are not new.

Privacy 303

Privacy Registration Plagiarism Publishing 303

LexBlog IP

NOVEMBER 3, 2023

RLP submitted almost 1000 pages of trial exhibits completely under seal and did not provide the relevant public and redacted versions required by the Board. Instead, the TTAB focused primarily on the evidence submitted by RLP, specifically, that much of it was erroneously submitted under seal or improperly authenticated by Notice of Reliance.

Confidentiality 52

Confidentiality Registration Trademark Intellectual Property 52

Technology & Marketing Law Blog

MAY 17, 2022

(There is a related but unanswered question here: COPPA spells out formation requirements for under-13s, including the need for parental consent. Also, Roblox’s TOS seemingly did make the disclosure, but the court apparently treats TOS’s failure as mooting the disclosure. As a result, the TOS fails. ” UCL.

Contracts 122

Contracts Publishing Licensing Editing 122

Technology & Marketing Law Blog

JUNE 10, 2022

Both Groups require prospective members to undergo a screening process. The ECPA requires the plaintiff to show that “her posts in the Groups were not readily accessible by the general public.” it might very well want to deploy more visible disclosures informing users what “private” means and doesn’t mean.

Privacy 134

Privacy False Advertising Contracts Advertising 134

TorrentFreak

FEBRUARY 20, 2024

Early last year, a group of filmmakers obtained a subpoena which required Reddit to reveal the identities of users who commented on piracy-related topics. After this initial disclosure in March last year, no new information surfaced in 2023. Reddit wasn’t willing to go along with the request, at least not in full.

Social Media 96

Social Media IP Copyright Infringement Copying 96

Patently-O

MAY 31, 2023

This discovery is especially important because it tells us that overcoming any female productivity deficit requires both the removal of barriers to accomplishment as well as proper attribution. Could this imply traditional invention disclosure processes that require proactive inventor identification deter women?

Inventor 105

Inventor Invention Intellectual Property Business 105

IP and Legal Filings

MARCH 23, 2023

Introduction When the companies were “originally founded, the only conceivable means to get a unanimous decision was by voting, which required the actual attendance of all members. This regulation required increased openness in voting and disclosure of the procedures used to establish a shareholder’s voting rights.

Government 90

Government Marketing Marketing Business 90

The IPKat

NOVEMBER 14, 2022

However the two recent posts of this very same blog, one on the preliminary opinion of EBA on plausibility (G2/21, here ), the other on the requisite of sufficiency of disclosure for a first medical use patent (T0424/21, here ) have removed any doubt on whether or not to try and cover it.

IP 76

IP Marketing Marketing Confidentiality 76

The IPKat

OCTOBER 9, 2023

(Article 22) The length of the minimum period for keeping the design unpublished (Rule 6) Disclosure of traditional knowledge used in the design? Inclusion of the traditional knowledge-requirement was proposed in 2015 by the African Group of Member States. Sure, there are recurring methodical rules and practices and a proposed agenda.

Designs 70

Designs Design Law Trademark 70

Patently-O

FEBRUARY 27, 2024

Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. But who is PHOSITA? ” But in Netflix , the Federal Circuit only cited KSR twice.

Art 122

Art Invention Patent Application Patent 122

LexBlog IP

APRIL 20, 2023

In its announcement, OCR noted that it is supporting continued utilization of telehealth services by providing a 90-day transition period for providers to “come into compliance” with HIPAA requirements applicable to the provision of telehealth, starting May 12, 2023, and ending August 9, 2023.

Blogging 40

Blogging Privacy Business Law 40

IP and Legal Filings

FEBRUARY 5, 2024

Over the course of the late 1980s and early 1990s, unethical business activities and dubious corporate policies plagued the global corporate sector, giving rise to the topic of corporate governance. Independent directors may be required to pass this course before being appointed.

Government 78

Government Business Reporting Confidentiality 78

TorrentFreak

JANUARY 24, 2024

Early last year, a group of filmmakers obtained a subpoena, requesting Reddit to reveal the identities of users who commented on piracy-related topics. ” Secondly, since Reddit doesn’t require users to verify their identities, IP addresses are sensitive information.

IP 97

IP Copying Copyright 97

Technology & Marketing Law Blog

JUNE 1, 2022

At the same time, the Fifth Circuit’s unleashing of HB 20 without any explanation and without a delay to allow for orderly appeals was condemnable (and ironic, in that HB 20 requires Internet services to provide more explanations than the Fifth Circuit provided in upholding the explanations requirement). ” I agree.

Social Media 122

Social Media Blogging Law Technology 122

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.

Art 49

Art Business Patent Settlement 49

Intellectual Property Law Blog

MAY 2, 2023

The AI Bill of Rights is a voluntary, non-binding framework, but federal agencies likely will consider it as they craft guidance and requirements regarding the development and use of artificial intelligence. This Guidance covers some important topics.

Government 237

Government Business Licensing Copyright 237

Patently-O

NOVEMBER 6, 2022

The problem is that there isn’t just one antibody that meets this requirement – rather, it encompasses potentially millions of currently unknown antibodies. Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, 35 U.S.C. §

Invention 64

Invention Art Patent Law Intellectual Property 64

LexBlog IP

FEBRUARY 14, 2024

ParkerVision’s patent owner response relied on the ‘551 Patent’s disclosure to argue that the “storage element” in claim 3 above should be construed as “an element of an energy transfer system that stores non-negligible amounts of energy from an input electromagnetic signal.” ParkerVision, Inc.,

Inventor 52

Inventor Patent Art Law 52

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. We agree with the district court that the language UIRC did draft lacks the creative expression required for copyright protection. Instead, it copied much of the language from the Idaho materials.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

TorrentFreak

OCTOBER 21, 2021

The owner of every domain name on the Internet is required to supply personal information when they buy a domain. According to the group, ICANN’s policy that requires privacy and proxy services to disclose registrant data has been fully approved. This starts with the domain name registration. GDPR Byspass?

Privacy 120

Privacy Registration Intellectual Property Copyright 120

Patently-O

APRIL 14, 2023

Judge Newman was eloquent, coherent, cogent, and spoke passionately about various topics, including section 101 (which requires a bit of mental agility, I would say). ” (Full disclosure: I’m on an amicus brief with a different group in that case, available here.) I was there speaking on patent ethics.)

Reporting 53

Reporting Publishing IP Law 53

The IPKat

JANUARY 5, 2022

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). This requirement usually manifests with a request from the Examiner for the description to be amended to identify the closest prior art.

Art 113

Art Patent Application Patent Invention 113

LexBlog IP

DECEMBER 22, 2022

On 19 December 2022, the Commissioner for Internal Market of the EU published an update on the date that very large online platforms ( VLOPs ) and very large online search engines ( VLOSEs ) will be required to comply with the provisions on the Digital Services Act ( DSA ) by.

Designs 52

Designs Design Publishing Technology 52

LexBlog IP

MARCH 14, 2023

” As background, the Franchise Rule is quite limited in nature – it generally requires certain disclosures of information to prospective franchise purchasers before they invest. And it covers quite a wide range of topics and questions , including: The ability of franchisees to negotiate terms of franchise agreements.

Contracts 52

Contracts Business Government Litigation 52

43(B)log

FEBRUARY 24, 2021

FTC does not want disclosure below the “more” expansion link, if any; it has to be above so anyone will see it even if they don’t seek out more info. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example.

Advertising 40

Advertising Advertising Law Privacy 40

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?) According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements.

Patent Law 126

Patent Law Law Patent Invention 126

Nelligan Law

AUGUST 8, 2022

The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP. Sub section 13(3) the Copyright Act sets out the requirements of a written agreement that allow the creator to maintain ownership if said creation is in the course of employment, except in specific instances.

Intellectual Property 75

Intellectual Property Invention Ownership Contracts 75

LexBlog IP

FEBRUARY 2, 2024

An integral part of the SPA is the disclosure schedule (sometimes referred to as the “schedule of exceptions”) that is provided to investors with the SPA. The disclosure schedule lays out the exceptions and qualifications to the representations and warranties made in the SPA.

Government 64

Government Confidentiality Registration Business 64

TorrentFreak

DECEMBER 13, 2022

Since Anton Piller orders and controversy are rarely far apart, the plaintiffs were required to pay a deposit of CAD$100,000 (US$73,100), recoverable once lawful execution of the Interim Order had been confirmed. Requesting information from Marshall on topics listed in the Interim Order. Plaintiffs Demand More.

Television 121

Television Reporting Copyright Infringement Law 121

LexBlog IP

SEPTEMBER 27, 2021

This guidance also highlighted potential reporting requirements with the Financial Crimes Enforcement Network (FinCEN) as well as other expected risk mitigation measures, including coordination with federal law enforcement and, where required, disclosure to OFAC. Cuba, Iran, N. Updated guidance.

Privacy 52

Privacy Government Designs Design 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

“the consistency provision and the notice requirements do not regulate content moderation at all” The consistency provision penalizes editorial decisions. Virtually every Internet service curates third-party content topically or thematically, such as message board topical threading. Good use of taxpayer money.

Social Media 99

Social Media Government Blogging Publishing 99

LexBlog IP

MARCH 13, 2023

A single patent application can only claim one invention at a time, so multiple applications will eventually be required to protect all inventions in the application. If you are to submit a single application that claims distinct inventions, you will likely receive a “Restriction Requirement” from the USPTO.

Patent Application 52

Patent Application Invention Patent Licensing 52

Copyright Lately

AUGUST 22, 2021

Disclosure: I represented the defendant sued by Liebowitz in this case, although Judge Caproni issued these orders entirely on her own.] When users don’t follow these requirements to the letter, Philpot files suit, usually seeking $150,000 in damages for each infringed work. Also, I’m looking for future article topics!

Copyright 89

Copyright Fair Use Settlement Designs 89

Patently-O

SEPTEMBER 7, 2022

Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data). Zealand’s patent applications also published relating to the same topic.

Music 58

Music Contracts Confidentiality Litigation 58

Intepat

JUNE 19, 2023

Hence, below entails a discussion of the different methods of commercializing intellectual property along with a brief outline of some key decisions required to be taken when building strategy. However, the formulation of a strategy depends heavily on the method of commercialization of intellectual property to be adopted.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Although copyright registration is not required, there are several benefits to doing so. Trademark requirements. It is not required. That’s understandable. How To Win Big In a Copyright Infringement Case.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67