43(B)log

DECEMBER 20, 2021

Challenged claims include: Defendant’s frankincense oil “promotes feelings of relaxation & tranquility”; Defendant’s lavender oil “promote[s] feeling of calm and fight[s] occasional nervous tension’ and has ‘balancing properties that calm the mind and body”; Defendant’s peppermint oil “helps to maintain energy levels when applied topically.”

Advertising 90

Advertising Advertising Blogging False Advertising 90

The IPKat

MARCH 21, 2024

The Local Division concluded that there was no reason to deny the request for a preliminary injunction against NanoString. The patent related to the problem of how to test biological samples for the presence of many different biological molecules at once, instead of having to run many separate tests for the presence of each type of molecule.

Invention 57

Invention Art Patent Licensing 57

The IPKat

SEPTEMBER 21, 2021

As recently reported here on IPKat , we are imminently expecting a referral to the Enlarged Board of Appeal (EBA) on the issue of using post-filed data to support plausibility for inventive step. The patent included examples testing the interaction between thiamethoxam and various compounds of formula 1a.

Publishing 82

Publishing Invention Art Law 82

43(B)log

MARCH 25, 2024

Let’s just say that, five years ago, this would have struck me as an unlikely result, and in 2020 the decision to file in Texas would have been much less complicated; even in 2022, I would have expected the district court to be upheld. (It For similar reasons, the warnings were uncontroversial. It was error to ignore the words.

Advertising 64

Advertising Advertising Social Media Government 64

TorrentFreak

JANUARY 15, 2024

After the miniseries was seen by millions earlier this month, private prosecutions – which allow alleged victims of crime to prosecute their own criminal cases – are now a topic of national debate. According to Trust Pilot reviews , it’s reasonable to conclude that some expectations were not met.

Copyright 85

Copyright Branding Brands Branding 85

SpicyIP

MAY 3, 2023

Views expressed here are those of the author’s] As previously discussed in Part I , Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. She can be reached at karishma0604@gmail.com for any feedback or comments.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

The IPKat

JANUARY 27, 2023

Parties report that a simple reference to the reasoning in G 1/21 that in-person proceedings are the gold standard is usually enough to persuade a Board of Appeal that the proceedings should be held in-person. but no opportunity has been provided to input free text comments on this topic.

Reporting 85

Reporting Patent 85

43(B)log

FEBRUARY 16, 2024

Then, in Jack Daniel’s last term, the Court told us that use as a mark to identify the source of goods is trademark law’s central concern; when there’s use as a mark, the likely confusion test provides enough protection for any First Amendment interests. The last piece of the puzzle then is the Court’s rather convoluted decision in Abitron v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

TorrentFreak

DECEMBER 13, 2022

Requesting information from Marshall on topics listed in the Interim Order. Antonio Macciacchera’s approach to cooperation failed to meet the court’s expectations. Those executing the order (or attempting to) passed antigen tests the previous day, wore N95 masks, and maintained physical distancing.

Television 123

Television Reporting Copyright Infringement Law 123

TorrentFreak

APRIL 10, 2024

Commentary explaining why the figures aren’t as good as they sound, or will take great effort to maintain, helps to calibrate expectations. There’s no good reason for our glaring absence. Site-blocking is a common tool in almost 60 countries, including leading democracies and many of America’s closest allies.

Television 101

Television Business Reporting Law 101

The IPKat

OCTOBER 25, 2021

As expected, the Board of Appeal in T 116/18 has now referred to the Enlarged Board of Appeal (EBA) questions on the use of post-filed evidence to establish plausibility for an invention. The test is whether there was substantiated doubt at the filing date. 13.5) (T 919/15, T 536/07, T 1437/07, T 266/10, T 863/12, T 184/16, T 2015/20).

Invention 86

Invention Publishing Patent Application Art 86

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.) . I think, yes, it does. Thanks to Akshat Agrawal for his comments on the draft.

Copyright Law 119

Copyright Law Copyright Law Art 119

The IPKat

OCTOBER 2, 2023

This reasoning is in line with other interpretations of G 2/21 , including T 0873/21 and T 0116/18. It also remains necessary to provide some evidence (although less than might commonly be expected) in order to support a claim for a therapeutic use, in view of the higher level of doubt with regards to this type of invention ( T 1394/21 ).

Invention 70

Invention Art Publishing Patent 70

Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

Social Media 65

Social Media Advertising Advertising Publishing 65

IPilogue

JANUARY 14, 2022

The Reasonable Robot by Ryan Abbott: Legally regulating AI–is it obvious? It remains to be seen how influential the College is on the profession as it is expected to be fully operational within the next two years. For this reason, marks consisting of geographic names are typically unregistrable. Giuseppina D’Agostino.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Trading Secrets

DECEMBER 21, 2021

We expect the FTC to continue to attempt to regulate non-competes in the employment context. Technical takeaways to avoid your trade secrets and IP ending up leaked on the dark web: Train your employees to be suspicious of emails and test them against phishing attacks. Get proper malware detection software for servers and endpoints.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

We expect the FTC to continue to attempt to regulate non-competes in the employment context. Technical takeaways to avoid your trade secrets and IP ending up leaked on the dark web: Train your employees to be suspicious of emails and test them against phishing attacks. Get proper malware detection software for servers and endpoints.

Confidentiality 52

Confidentiality Law Contracts Business 52

The IPKat

NOVEMBER 29, 2021

Her enthusiasm and insight inspired the project team to exceed expectations, resulting in the outcomes from the project feeding into the acquis communautaire of the Community Plant Variety Rights regime. though try as I might I cannot remember the topic at all. A lovely person who had a lot more to give.

Intellectual Property 80

Intellectual Property Intellectual Property Law IP Law 80

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

The IPKat

FEBRUARY 24, 2023

The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. Establishing the plausibility of an invention is often considered a higher bar than the standard sufficiency test.

Invention 131

Invention Law Patent Publishing 131

The IPKat

MARCH 24, 2023

The decision in G 2/21 : Is the technical effect embodied by the invention as originally disclosed With regards to the referred questions, the EBA considered the important test to be what a skilled person, in view of common general knowledge, would understand from the application as filed. What happened to plausibility?

Invention 131

Invention Publishing Patent Art 131

IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. Although we may be tempted to immediately transfer this definition to non-physical Metaverses, the step is not so simple to take for a number of reasons. By using “Smart,” the application passed the formal test for registration. In particular, Section 4.3 Section 4.4.2

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. ” Although we may be tempted to immediately transfer this definition to non-physical Metaverses, the step is not so simple to take for a number of reasons. By using “Smart,” the application passed the formal test for registration. Section 4.4.2

Design Patent 52

Design Patent Designs Design Patent 52

Technology & Marketing Law Blog

JANUARY 9, 2024

To buttress its assessment that the plaintiffs are suing over first-party design and not third-party content, the court says: a “but for”/”based on”/”flows from” test is not consistent with a plain meaning analysis of the words Congress chose to employ. The answer, absurdist and theoretical, is “yes.”

Publishing 76

Publishing Designs Design Law 76

43(B)log

NOVEMBER 9, 2023

The court found plaintiffs plausibly alleged that the addiction treatment philosophy at issue was not, in fact, founded by Daily, and that consumers would have no reason to doubt this claim. You may be wondering: what about Dastar and Sybersound ’s extension of that reasoning, which is binding on this court? So is the court!

False Advertising 64

False Advertising Advertising Advertising Copying 64

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. Regardless of the final form of the rule, we expect legal challenges to the FTC’s rulemaking, including significant constitutional challenges to whether the FTC has the power to issue rules at all on worker non-competes.

Confidentiality 52

Confidentiality Litigation Business Law 52

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? For that reason, the Ninth Circuit could have easily said that electronic files categorically aren’t chattel and the trespass to chattels doctrine *never* applies to any manipulation of or interference with electronic files. ” That’s true. LinkedIn chaos.

Copying 75

Copying Ownership Derivative Work Contracts 75

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. Content moderation is a topic dealt with elsewhere in EU law by the Digital Services Act (DSA) and, for copyright protect content, in inter alia Article 17 CDSM Directive.

Copyright 138

Copyright Fair Use Copyright Law Law 138

The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. Because there is no effective way of testing the essentiality, validity, and importance of each patent in a portfolio, having a lot of declared patents overall makes logical sense ([158], iv).

Patent 78

Patent Litigation Marketing Marketing 78

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. In the interim, employers should take a close look at their restrictive covenant agreements to ensure that they are reasonable and compliant with ever-evolving state law.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

Technology & Marketing Law Blog

MAY 18, 2023

Overall, today was a better-than-expected day for the Internet’s short-term future. [FN: Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review.

Social Media 137

Social Media Law Fair Use Blogging 137

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP.

Licensing 52

Licensing Technology Intellectual Property Patent 52

Copyright Lately

APRIL 19, 2022

There’s no reason that the transformative use inquiry needs to dictate the entire fair use outcome. Carol Publishing , involved a copyright infringement lawsuit brought by the producer of Seinfeld against the author and publisher of “The Seinfeld Aptitude Test” (SAT), an unauthorized trivia book about the show. Let’s be clear.

Fair Use 78

Fair Use Art Copyright Social Media 78

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). Plaintiff hasn’t presented any evidence of it, but the court says that’s OK because I guess the court doesn’t expect to see these allegations in the complaint? There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

Advertising 99

Advertising Advertising Trademark Settlement 99

Technology & Marketing Law Blog

JUNE 21, 2022

Further, the legislature should–but surely has not–run this definition through a test suite to make sure it fits the legislature’s intent. Though decades of litigation might ultimately answer the question, I expect that the language likely covers all UGC services. .” Social media exceptionalism.

Social Media 120

Social Media Law Publishing Reporting 120

LexBlog IP

DECEMBER 31, 2022

These trends are expected to continue though challenges remain, such as the balance between the need for health-related data to train AI models and privacy and ethical concerns in using such data. *. The National Library of Medicine (NLM) has also reported on the topic of AI in radiotherapy , where AI can be applied to images (e.g.,

Intellectual Property 52

Intellectual Property IP Technology Privacy 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

But more launches are likely to come as new biosimilars complete clinical testing and FDA review and are approved. 20, FDA advised that data must be submitted to demonstrate “comparability of the biosimilar product before and after the manufacturing change,” and provided details on the type of data expected. With respect to Q.I.20,

Litigation 52

Litigation Settlement Patent Marketing 52