The IP Law Blog

JULY 15, 2021

In recent years, the Supreme Court has decided a number of cases, including Bilski v. Ass’n for Molecular Pathology v. For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Kappos, Mayo Collaborative Servs. Prometheus Labs.,

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Law Patent Invention Intellectual Property 109

Technology & Marketing Law Blog

APRIL 30, 2022

It’s nice to see the judge distinguish erroneous and bad-faith applications of content moderation policies, especially on a motion to dismiss. Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. ” The court distinguishes the very-relevant Murphy v.

Social Media 106

Social Media Contracts Government Publishing 106

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. 2021 was an exciting year for the IPilogue. David Vaver.

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IP Copyright Infringement Inventor Intellectual Property 106

The IPKat

APRIL 10, 2024

In Nigeria, the recent judgment delivered by the Federal High Court in the case of Incorporated Trustees of Laws and Rights Awareness Initiative v Nigerian Communications Commission (NCC ) sheds light on this complex relationship between data privacy and the interests of the state.

Privacy 57

Privacy Law Government Confidentiality 57

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. Brief for United States, HP Inc. 6, 2019) (Berkheimer CVSG Brief); Brief for United States, Hikma Pharms. Due date for Submission: October 15, 2021.

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Patent Intellectual Property Invention Inventor 102

LexBlog IP

MAY 24, 2023

There was a range of programming at Design Day, including remarks from Derrick Brent, Deputy Director of the United States Patent and Trademark Office and Karen Young, Director of TC 2900, who delivered the “State of the Design Technology Center.” Design filings in FY 2021 up 17.6% GM Global Technology Operations LLC.

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Designs Design Design Patent Litigation 40

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . Chasinghorse stated that the hand-poked lines, called Yid???too, Charles Seymour, Chief of Cowichan Tribes, stated that their main issue with the sweater was the name. Their application was granted in 1997.

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Ownership Intellectual Property Artwork Copyright Law 103

Patently-O

NOVEMBER 29, 2023

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. He has an extensive background in chemistry, food science, and viticulture. Inter partes review is not unique.

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Art Business Patent Settlement 48

LexBlog IP

FEBRUARY 1, 2024

The holding in the Supreme Court case, Jack Daniels Properties v VIP Products , the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. The Rogers test comes from the 1989 Second Circuit case Rogers v. Vip Products. Punchbowl Inc.

Television 52

Television Trademark Registration Government 52

IP and Legal Filings

APRIL 8, 2024

Abstract article 370 which provides special status to the state of Jammu and Kashmir has been a topic od debate for a long time. Others thought that it is important as it gives special recognition to the state and allowed the local public to make their own decisions. However, it also sparked protests and criticism.

Government 52

Government Art Law IP 52

The IPKat

JANUARY 23, 2022

Recently, Louis Vuitton suffered a defeat in its attempt to block the registration of a contested EU trade mark application. For more information on the background and the outcome, see The Fashion Law. The requirements for copyright joint authorship and co-ownership were the main topic of a new lawsuit in the U.S., Crabtree v.

Blogging 83

Blogging IP Copyright Reporting 83

Technology & Marketing Law Blog

FEBRUARY 20, 2022

In three years since its passage, the DOJ has used FOSTA-SESTA in only one criminal prosecution, “because the law is relatively new and prosecutors have had success using other criminal statutes”. For a deeper dive on these topics, I encourage you to check out the article’s bibliography of FOSTA-relevant empirical studies.

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Blogging Technology Editing Law 104

LexBlog IP

MARCH 6, 2023

Cannabis remains federally illegal and thus, attempts to enforce patents against competitors in federal court were doomed to fail under the illegality doctrine. The illegality doctrine, as it sounds, is the premise that a plaintiff can’t use a court of law to safeguard illegal activity. The court there, in Gene Pool Techs.,

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Litigation Patent Design Patent Patent Application 52

LexBlog IP

AUGUST 28, 2023

PatentNext Takeaway: To date, the Federal Circuit has not reviewed many cases involving artificial intelligence (AI). Patent Law (specifically 35 U.S.C. § However, recently, the Federal Circuit provided some guidance regarding enablement in a 2023 case. citing ’141 application, claim 1.) § 112(a)).

Invention 52

Invention Patent Application Art Patent 52

SpicyIP

AUGUST 2, 2021

Topical Highlight. Dr. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? The post focuses on three methodological flaws in the Report. Part I and II.

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Reporting Designs Design Copyright 116

LexBlog IP

AUGUST 15, 2023

After the Supreme Court’s decision in United States v. To minimize the potential avalanche of such requests, the Office explains the limited instances where the Director may review institution and final written decisions: (i) an abuse of discretion or (ii) important issues of law or policy. Arthrex, Inc. , Oren Techs.,

Patent Application 52

Patent Application Patent Designs Design 52

LexBlog IP

APRIL 20, 2023

Supreme Court’s 2022 decision in Dobbs v. Rules of Applicability and Construction In the Proposed Rule, HHS incorporates a proposed “Rule of Applicability” that would guide the applicability of the new proposed prohibition related to reproductive health care PHI. § 164.509). § 164.509). .”

Privacy 52

Privacy Law Blogging Confidentiality 52

The IPKat

MARCH 27, 2022

The Fashion Law discussed the implications of trade mark protection in the Metaverse. How far does the first sale or "exhaustion" principle extend in the United States? Court of Appeals for the Federal Circuit held that the Trademark Trial and Appeal Board (TTAB) of the USPTO correctly refused to register the mark ".SUCKS

Blogging 76

Blogging IP Reporting Journalism 76

Trading Secrets

JANUARY 13, 2022

Seyfarth attorneys Michael Wexler, Robert Milligan, and James Yu will address the following topics: Significant new legislation on non-compete and other restrictive covenants and related court decisions that may impact their enforcement. The viability of computer fraud claims after the Supreme Court’s decision in Van Buren v.

Marketing 59

Marketing Marketing Law Intellectual Property 59

Kluwer Copyright Blog

DECEMBER 4, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Thus, with its order of July 11, 2023, it allowed an appeal to proceed (see case C-93/23, EUIPO v Neoperl).”

Blogging 64

Blogging Law IP Copyright 64

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 125

Patent Law Law Patent Invention 125

Technology & Marketing Law Blog

JANUARY 13, 2022

2252A; (2) violation of the Federal Trafficking Victims Protection Act, 18 U.S.C. §§ 1591 and 1595; (3) violation of the Video Privacy Protection Act, 18 U.S.C. ” Cite to Doe v. I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. Case citation : M.H. 10, 2022).

Blogging 88

Blogging Publishing Reporting Editing 88

Technology & Marketing Law Blog

OCTOBER 23, 2021

The court discusses another topic I don’t often see discussed. The Federal Arbitration Act applies only to interstate commerce. The court distinguishes the Nicosia v. Amazon and Tice v. Amazon rulings; but the result is consistent with the uncited BF v. That’s Contracts Law 101. Amazon case.

Contracts 116

Contracts Registration Litigation Copying 116

LexBlog IP

JANUARY 13, 2022

Seyfarth attorneys Michael Wexler, Robert Milligan, and James Yu will address the following topics: Significant new legislation on non-compete and other restrictive covenants and related court decisions that may impact their enforcement. The viability of computer fraud claims after the Supreme Court’s decision in Van Buren v.

Marketing 52

Marketing Marketing Law Intellectual Property 52

Patently-O

SEPTEMBER 7, 2022

Old models of a love triangle was really more of a “V” — a rivalry between two potential suitors. 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 56

Music Contracts Confidentiality Litigation 56

LexBlog IP

JULY 15, 2021

In recent years, the Supreme Court has decided a number of cases, including Bilski v. Ass’n for Molecular Pathology v. For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Kappos, Mayo Collaborative Servs.

Law 52

Law Invention Patent Intellectual Property 52

LexBlog IP

MARCH 24, 2023

The justices had a bit of fun—and even laughed at points when hypotheticals highlighted the absurdity of what consumers might encounter in today’s online marketplace—but at the end of the day, raised very serious questions about the proper reach of the federal Lanham Act. ” Rogers v. ” Rogers v.

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

Technology & Marketing Law Blog

AUGUST 15, 2022

. “Riben was not HuffPost’s employee and was not paid by HuffPost for the content that she submitted to HuffPost…[the] blogger terms and conditions were agreed to by the parties and expressly stated that content contributors were independent contractors and could not hold themselves out as an agent or representative of HuffPost.”

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Publishing Privacy Blogging Intellectual Property Law 102

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

” Yes, a federal judge literally thinks the Internet services are “obsessed” with “censoring” Nazis and terrorists. Otherwise, bring tissues as you read how an appellate court remixes the rule of law to rationalize government censorship. Background. The legal challenges then diverged.

Social Media 137

Social Media Publishing Law Blogging 137

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Cannabis [i] is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 ii] While marijuana remains a Schedule I controlled substance under federal law, a majority of states have legalized consumption of certain cannabis products under certain conditions.

IP 52

IP Registration Trademark Branding 52

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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Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

MAY 31, 2023

patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., The below article explores these schools of thought: the case for and against the requirement of listing an AI as an inventor based on the law regarding conception, inventorship, and joint inventorship under U.S.

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Inventor Patent Application Invention Patent 40

LexBlog IP

SEPTEMBER 9, 2022

DUTY OF DISCLOSURE BEFORE USPTO HIGHLIGHTED IN FEDERAL REGISTER. On July 29th, 2022, the current director of the United States Patent and Trademark Office (USPTO), Katherine Vidal, published a notice in the federal register regarding the duty of disclosure before the patent office. Who Has a Duty to Disclose. 37 CFR 1.56(b)

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Government Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

MAY 11, 2022

Unlike some other protect-the-kids laws, parents cannot override the law for their children). Remember, the law restricts any software that “(1) prioritize content, and (2) direct the prioritized content to the account holder,” and that seemingly includes the software used to honor content subscriptions.

Social Media 143

Social Media Privacy Law Government 143

SpicyIP

AUGUST 30, 2021

Topical Highlight. Sun Pharma v. Kedar notes that the defendants in their counter applications to quash the order highlighted that in the backdrop of pandemic, the medicines produced by the Company were in high demand due to their ability to relieve some of the major symptoms of Covid-19. Cipla Ltd. , Other posts.

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Non-Fungible Tokens Fair Use Advertising Advertising 105

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

In their Law360 Expert Analysis article, principals Kenneth Darby and Josh Griswold discuss the state of USPTO Director review since the Supreme Court’s decision in Arthrex. 4] Under the interim process, the director may conduct a review addressing any issue of law or fact raised by the board’s final written decision.

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Patent Art Technology Law 52