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Rethinking enablement: Court grants cert in Amgen v. Sanofi

Patently-O

An isolated monoclonal antibody, wherein, when bound to PCSK9, the monoclonal antibody binds to at least one of the following residues: S153, I154, P155, R194, D238, A239, I369, S372, D374, C375, T377, C378, F379, V380, or S381 of SEQ ID NO:3, and wherein the monoclonal antibody blocks binding of PCSK9 to LDLR.

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Recent Hot Topics and Developments in Trade Secrets Law

Trading Secrets

This blog post summarizes some of the significant decisions grouped by the hot topics below. There have been some noteworthy recent decisions in trade secrets law. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. at 914; see also ResMan, LLC v. Karya Prop.

Law 59
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Making a Proper Determination of Obviousness

Patently-O

So while the list of potential motivations and reasoning supporting obviousness has expanded post-KSR, objective real-world evidence weighing against obviousness still plays a key role. This new guidance avoids that topic and instead instructs examiners on how to marshal their evidence to establish a prima facie case of obviousness.

Art 120
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Fanciful Trademark: A Comprehensive Explanation

LexBlog IP

This is a great segue to the next topic which is injunctive relief. A fanciful mark is not a real word at all, but is invented for its use as a mark.” This is helpful in infringement suits. In either case, it is harder for a judge or jury to believe the other party’s “accidental infringement” or prior use.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

Barton Beebe’s empirical work on this topic. Addressing Factor 1, it explained that “time-shifting for private home use must be characterized as a noncommercial, nonprofit activity.” ( Id. at 450) (Skipping commercials was not yet feasible, id. Before 2020, the Supreme Court decided only four fair use cases.

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Cardozo A&ELJ symposium, Trademark

43(B)log

And this move—firmly distinguishing source confusion from other kinds of confusion, this time with a statutory basis, would have salutary effects on free speech and competitive freedom to operate, which are topics I believe the other speakers will take up in more detail. But what is TM use? Kagan describes it as “designation of source.”

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ChatGPT and Intellectual Property (IP) related Topics

LexBlog IP

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. ” Id. answering a different intended question or providing information about a different topic). ” Id. Wikipedia), articles, and other information available on the Internet. ” OpenAI, ChatGPT General FAQ.