LexBlog IP

NOVEMBER 3, 2023

In examining the evidence, the TTAB determined that RLP “dumped into the record a large number of documents not admissible by notice of reliance,” including its own disclosures and responses to document and discovery requests. Finally, Panini objected to a number of exhibits filed by RLP as lacking proper foundation.

Confidentiality 52

Confidentiality Registration Trademark Intellectual Property 52

Intellectual Property Law Blog

FEBRUARY 14, 2024

The Board issued its final written decision determining claim 3 to be unpatentable as obvious over Tayloe in combination with TI Datasheet (another prior art reference). and finally, the “refer to” language in [5.] ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed.

Inventor 130

Inventor Patent Art Law 130

The IPKat

NOVEMBER 9, 2021

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them. Privacy concerns might, it was said, be a barrier to market for such traders and suppliers.

Reporting 128

Reporting Law Due Diligence Branding 128

The IPKat

OCTOBER 8, 2021

As trainee patent attorneys across the country begin their final days of preparation for the UK qualifying examinations, CIPA today released the long-awaited Mercer Review. Final days of revision The Mercer Review includes a review of the submissions on a broad range of topics related to patent attorney training and exams.

Patent 82

Patent Reporting Contracts Journalism 82

TorrentFreak

APRIL 7, 2023

In 2017 they were cleared after a court determined they had made no money. Do they even have an opinion on the topic this far into government? Finally, we asked whether cracking down on non-commercial pirates is considered a priority for the Czech government. But a general principle stands regardless of the topic.

Music 123

Music Government Copyright Infringement Copyright 123

SpicyIP

NOVEMBER 21, 2022

The final product is a result of grit, determination, and several years of data gathering. Topical issues such as traditional medicine and Ayurveda are explained in detail in chapters seven and eight. The book relies on primary sources of information — mainly government reports, judicial decisions, and government data.

Government 129

Government Publishing Reporting Advertising 129

LexBlog IP

DECEMBER 15, 2023

On December 13, 2023, the Office of the National Coordinator for Health Information Technology (ONC) issued its final rule entitled “Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing” and known as “HTI-1” (Final Rule).

Licensing 40

Licensing Technology Blogging Publishing 40

Patently-O

SEPTEMBER 7, 2022

” I might think of it as a pair of ongoing secret love affairs that finally resulted in a jilted lover. 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 57

Music Contracts Confidentiality Litigation 57

The IPKat

FEBRUARY 23, 2023

Where it is difficult to determine the losses suffered by the right holder or the profits earned by the infringer, the amount shall be reasonably determined by reference to the multiple of the amount of the royalties for the patent license. Emphasis added) In addition, the SPC provides judicial guidance in the (PD Interpretation).

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

Technology & Marketing Law Blog

AUGUST 21, 2023

After 5 tries, the Divino LGBTQ lawsuit finally failed last month. Moreover, the statement is definite enough for the Court to ascertain YouTube’s obligation under the contract (it must avoid identity-based differential treatment in its contentmoderation) and to determine whether it has performed or breached that obligation.

Contracts 84

Contracts Social Media Blogging Law 84

Kluwer Copyright Blog

MARCH 2, 2022

Thus, it could be argued that some journalistic pieces do not qualify for copyright protection as they would follow too strictly pre-determined rules. Furthermore, although most services advertise the underlying algorithm as fully automated, the final publication of the given content requires some human intervention in the newsrooms.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

Kluwer Copyright Blog

DECEMBER 11, 2023

Among these rules, which were one of the main areas of contention between Council and Parliament until the very end, the final compromise includes two provisions relevant to copyright. A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

LexBlog IP

APRIL 11, 2023

The Times applied to register the six Marks in August 2020 for use in connection with columns covering various topics in Class 16 and providing online publications in Class 41. The Examiner disagreed, made the refusals final, and denied The Times’ request for reconsideration.

Registration 52

Registration Trademark Advertising Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

A TTAB opposition is a specialized proceeding where the TTAB determines whether your opponent’s trademark application violates your trademark rights. Below are some examples and other information that may help you determine whether an opposition could be a good option for you. The Federal Circuit reviews legal issues de novo.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

The IPKat

MARCH 21, 2024

Applying Article 69 EPC , CoA UPC considered "[t]he patent claim is not only the starting point, but the decisive basis for determining the protective scope of a European patent". How much the description should be used to interpret the claims is currently a hot-topic at the EPO ( IPKat ).

Invention 57

Invention Art Patent Licensing 57

Velocity of Content

JANUARY 18, 2023

This is the first of a series of posts on the topic of improving the Data Management practices of an enterprise so that its data can become an asset. Given those vast quantities, the data management question becomes one of determining which pockets of data the organization prioritizes for attention.

Copying 76

Copying Government Editing Business 76

LexBlog IP

AUGUST 26, 2022

To accomplish this deblurring of advertising content, CARU recommends a variety of approaches such as disclosures and contextual cues to help children determine what is and is not branded content. Finally, the need for clear and conspicuous disclosures was highlighted as an area of particular concern for CARU in the metaverse.

Advertising 52

Advertising Advertising Social Media Branding 52

LexBlog IP

JUNE 29, 2023

Customs and Border Protection determined that the products were not “Made in USA from Global Materials” because “attaching a buckle to a belt strap is a minimal assembly operation that does not change the name, character, or use of an imported belt strap.” The complaint notes that U.S.

Litigation 52

Litigation Intellectual Property 52

LexBlog IP

AUGUST 28, 2023

Finally, the Board noted that the patent applicant’s contentions essentially amounted to “argu[ing] that if an apparatus is well-known. This topic was recently previewed in Realtime Data v. I respectfully dissent, and would remand for determination of validity under § 112. ” Id. at *3 (citations omitted).

Invention 52

Invention Patent Application Art Patent 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 20, 2021

Final Determinations were issued by the Commission in two Section 337 Investigations: Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof , Inv. Final Initial Determination ). November brought another busy month for the ITC. 337-TA-1200 (Nov.

Television 52

Television Settlement Patent Licensing 52

IP Tech Blog

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. Finally, the new system will make it easier for inventors to access their patents. 35 U.S.C. §

Inventor 57

Inventor Copying Blogging Patent Application 57

The IPKat

AUGUST 4, 2021

Regarding the sign per se The Court noted that the determination regarding ‘carrying adverse effect or not’ shall be made starting from the sign itself. 3627 [2020], Final, Administrative Division, Beijing, of the Higher People’s Court of Beijing Municipality) The Beijing High People’s Court upheld the judgment of the Beijing IP Court.

Intellectual Property 62

Intellectual Property IP Law Registration 62

LexBlog IP

DECEMBER 21, 2021

Republic Pictures, NTA’s successor, was finally able in 1993 to use U.S. The copyright laws have changed enough over time that it is worth it to do some digging to determine if a work is actually okay to use without risking copyright infringement. Supreme Court precedent to sort of “reclaim” the copyright.

Copyright 40

Copyright Public Domain Derivative Work Copyright Law 40

Velocity of Content

JUNE 15, 2022

Finally, there was no general consensus as to what such STMs were to be designed to set rules for or, possibly more importantly, to not set rules for. The rulemaking will also consider what services such an STM would apply to and to what kinds of content they apply to.”

Copyright 94

Copyright Government Designs Design 94

Biswajit Sarkar Copyright Blog

SEPTEMBER 17, 2021

Before explaining the topic, Mr. V. – Expert determination. – Finality of awards. Period 1 (06:00 PM-07:30 PM): “The Indian G.I. Law Protection: An Imperative for Prosperity of Rural Poor and Their Settlement” by V. Natarajan, Joint Registrar of Trademark & GI, India. He had spoken on-. – Hybrid models.

Intellectual Property 40

Intellectual Property Settlement Registration Confidentiality 40

LexBlog IP

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. Finally, the new system will make it easier for inventors to access their patents. § 120.

Inventor 52

Inventor Copying Blogging Patent Application 52

Technology & Marketing Law Blog

MAY 11, 2022

If regulated services can determine who is under-18 (spoiler: they cannot), the bill would likely result in Minnesota minors being excluded entirely from UGC websites–depriving them of the opportunity to build communities and access content they need to grow, learn, and flourish. A Final Thought. I made some suggestions here.

Social Media 143

Social Media Privacy Law Government 143

Patently-O

FEBRUARY 24, 2022

Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. The fourth and final case with a pending CVSG is Olaf Sööt Design, LLC v. Qualcomm Incorporated , No. 35 U.S.C. §

Patent Law 95

Patent Law Law Patent Litigation 95

Kluwer Copyright Blog

JUNE 30, 2021

Instead of merely using various material including the song in question – added the court – the film combined it with cultural commentary on topics such as gender, sexuality, and the artistic process. Finally, the Second Circuit found that the fourth factor – the ‘effect on the potential market’ – favors fair use as well.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

LexBlog IP

FEBRUARY 14, 2024

The Board issued its final written decision determining claim 3 to be unpatentable as obvious over Tayloe in combination with TI Datasheet (another prior art reference). and finally, the “refer to” language in [5.] ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No.

Inventor 52

Inventor Patent Art Law 52

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

The IPKat

DECEMBER 28, 2021

Importantly, the decision in G 4/19 did not address the meaning of "same subject matter" for the purposes of determining cases of double patenting. The final line of case law on plausibility, is that according to which no plausibility is required. The oral proceedings were rescheduled for later in the year ( IPKat ).

Invention 67

Invention Publishing Patent Law 67

LexBlog IP

MAY 31, 2023

The Federal Circuit made clear, however, that it did not address at the time the topic of human-and-AI joint inventorship, i.e., “Moreover, we are not confronted today with the question of whether inventions made by human beings with the assistance of AI are eligible for patent protection.” ” Id. jurisprudence.

Inventor 40

Inventor Patent Application Invention Patent 40

The IPKat

DECEMBER 11, 2023

Most importantly, any balancing test suffers from a fundamental indeterminacy problem as it is impossible to determine the point where one set of harms “substantially outweighs” another. The proportionality test in European patent law The book’s final chapter offers a way out of the conundrum. here , at 24].

Patent Law 70

Patent Law Law Patent Invention 70

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. It apparently requires clickthroughs to form TOS amendments, regardless of what the TOS specifies as the amendment process. I hope it’s not. * * *. The Court Opinion.

Contracts 107

Contracts Blogging Business Law 107

LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. The determining factor for determining the application of duty of disclosure is the individual’s relationship to the proceeding, and the type of proceeding before the USPTO. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

The IPKat

AUGUST 1, 2022

As such, says epi, it should be the filing date of the parent that determines whether a ST.26 Final thoughts The letter from epi reveals its considerable frustration with the EPO: "epi has tried to engage with the EPO on several levels, and with different people and different departments, regarding the new ST.26 25 sequence listing.

Patent Application 82

Patent Application Patent Copying Publishing 82