The IPKat

FEBRUARY 7, 2022

Legal Background: Description amendments There has been speculation that the latest version of the Guidelines would ameliorate the onerous requirements introduced into the 2021 Guidelines on amending of the description in line with the claims. The EPO has released the draft Guidelines for Examination 2022. emphasis added). emphasis added).

Invention 98

Invention Patent Application Patent Prosecution Patent 98

LexBlog IP

APRIL 11, 2023

on the topic “Tips from the Trenches: Hot Issues and Best Practices in Trying a Trade Secrets Claim under the Defend Trade Secrets Act (DTSA).” on the topic “Tips from the Trenches: Hot Issues and Best Practices in Trying a Trade Secrets Claim under the Defend Trade Secrets Act (DTSA).”

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Invention Law 52

The IPKat

JANUARY 5, 2022

However, this comfortable assumption was recently put to the test in T 471/20 , in which the Board of Appeal considered whether an amendment summarising the prior art could be considered to change the scope of the claim, add matter and thereby invalidate the patent. a burger patty production line). a burger patty production line).

Art 113

Art Patent Application Patent Invention 113

IPilogue

JANUARY 27, 2022

Furthermore, a lot of these tasks required me to draft case summaries in relation to these topics, which allowed me to strengthen my legal research and writing skills. A task in particular that stood out was the drafting of a response to a copyright infringement claim.

IP 106

IP Intellectual Property Law Copyright Infringement Intellectual Property 106

Patently-O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. Google removed the case to Federal Court and then sought dismissal of the case–arguing that all claims asserted in the case are preempted by Section 301(a) of the Copyright Act. by Dennis Crouch. Genius sued.

Copyright Law 78

Copyright Law Copyright Law Contracts 78

The IPKat

MARCH 7, 2024

Then, Nicolas Binctin's piece, “La lutte contre l'écoblanchiment (greenwashing) - Défis et développements récents” stands as the sole contribution in French, yet it sets itself apart with an in-depth examination of the deceptive practice of greenwashing within the scope of unfair competition law. Jacques de Werra (University of Geneva).

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

The IPKat

MARCH 21, 2024

The UPC CoA interpreted the claims of the patent more broadly than the Local Division and found the patent likely to be invalid for lack of inventive step. UPC CoA considers the correct approach to claim interpretation On appeal, the UPC CoA reassessed the first instance decision on the patent's validity.

Invention 57

Invention Art Patent Licensing 57

Patently-O

NOVEMBER 6, 2022

Sanofi , that rely on a lack of enablement to hold that functionally defined genus claims are invalid. The claim in Amgen illustrates this point. The claim in Amgen illustrates this point. It claims the genus of antibodies that bind to a?particular Here is a representative claim of Amgen’s Patent No.

Invention 63

Invention Art Patent Law Intellectual Property 63

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). Professor Christine Haight Farley of American University - Washington College of Law, and Professor Lisa P.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

Kluwer Copyright Blog

DECEMBER 11, 2023

The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an end a legislative process that has lasted more than two and a half years and during which the scope of the Act has been significantly expanded.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

Patently-O

SEPTEMBER 26, 2022

Leading the pack are three cases focusing on “Full Scope” Enablement & Written Description. 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?) by Dennis Crouch. Kite Pharma, Inc. ,

Patent Law 125

Patent Law Law Patent Invention 125

IPilogue

DECEMBER 3, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. However, the scope of the prohibition is less agreeable. For example, consider the following two types of claims: “the use of compound X to treat disease Y in a dosage range of A to B mg”. There are many problems with this rule.

Intellectual Property Law 106

Intellectual Property Law Patent Infringement Intellectual Property Law 106

Chicago IP

MAY 12, 2021

Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. The Court limited the temporal scope of the deposition to 2014 (before the patent’s filing date and Carjams’ first accused sales).

Patent 40

Patent Patent Application Art Licensing 40

Michael Geist

MAY 19, 2022

CRTC Chair Ian Scott appeared before the Standing Committee on Canadian Heritage yesterday and Bill C-11 proved to be a popular topic of discussion. Canadians make recall that former Heritage Minister Steven Guilbeault implausibly claimed that it would take nine months to complete the process.

Government 130

Government Law 130

The IPKat

AUGUST 10, 2023

The complaint, lodged on Friday 4 August in Northern California, claims that the “Open Artificial Intelligence” name stands to confuse “millions of users of OpenAI’s products into mistakenly believing that [they] have any connection to, association with, or sponsorship by OpenAI when, in fact, there is none.” Details here.

Designs 52

Designs Design Settlement Trademark 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Nelligan Law

AUGUST 8, 2022

It may be a common belief that what you create is your own work and intellectual property (IP), but if you have a day job there is the possibility that your employer could lay claim to the intellectual property flowing from your outside endeavors. The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP.

Intellectual Property 75

Intellectual Property Invention Ownership Contracts 75

The IPKat

AUGUST 29, 2022

Non-Fungible Tokens (NFTs), ranging from art and literature to fashion and cinema, remain among the hottest legal topics in the world of intangible rights, despite the lack of clear legal regulation. Few issues in the world of intangible rights contain as many legal uncertainties as do non-fungible tokens. Kat friends Mutlu Y?ld?r?m

Non-Fungible Tokens 143

Non-Fungible Tokens Intellectual Property Cinema Social Media 143

LexBlog IP

FEBRUARY 14, 2024

The Board granted institution without construing any claim terms, as neither party had raised any claim construction issues. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. The Federal Circuit also engaged in a fact-specific obviousness inquiry regarding capacitor elements disclosed in the prior art.

Inventor 52

Inventor Patent Art Law 52

The IPKat

MARCH 27, 2022

Topics included the territorial scope of existing marks, the potential need to expand the specifications of trade marks used in the Metaverse, the importance of clearance searches before entering this environment, and the consideration of co-existence agreements to avoid conflicts. April is just around the corner! Returning to U.S.

Blogging 76

Blogging IP Reporting Journalism 76

Technology & Marketing Law Blog

OCTOBER 23, 2021

This case involves the Peloton treadmill (“Tread+”). The treadmill has caused numerous personal injuries, and Peloton has recalled it. In this case, a 3 year old boy suffered personal injuries due to a Tread+ his dad bought. The dad, mom, and child sued Peloton for negligence and misrepresentation.

Contracts 115

Contracts Registration Litigation Copying 115

Patently-O

FEBRUARY 15, 2023

The Federal Circuit weighed in on the amorphous topic of subject matter eligibility in the recent opinion ChromaDex, Inc., Claim one of ‘807 states: 1. Although the claims require isolated NR, they do not require a specific high-concentration, only enough to “increase[] NAD+ biosynthesis upon oral administration.”

Patent 54

Patent Patent Drafting IP Law 54

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! Here is our recap of last week’s top IP developments. This and a lot more in this SpicyIP Weekly Review. Anything we are missing out on? Please let us know in the comments below.

Invention 59

Invention Trademark IP Patent 59

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. § 112(a)).

Invention 52

Invention Patent Application Art Patent 52

Patently-O

FEBRUARY 24, 2022

by Dennis Crouch. The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. 35 U.S.C. §

Patent Law 95

Patent Law Law Patent Litigation 95

SpicyIP

MARCH 26, 2024

This “field units” idea is vague in its nature and scope. Yes, a circular saying that there is no need to take copyright permission for the performance of musical works at religious ceremonies/weddings/social festivals! Two points of this circular particularly piqued my interest. Here’s a hiccup, however.

Music 64

Music Copyright Copyright Infringement Blogging 64

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

Michael Geist

MAY 16, 2022

The government is relying on two claims here: fair compensation for the use of journalist content and a market-based approach with minimal government intervention. I’ve already written several posts expressing concern about the overbreadth of the bill and its implications. That is what Bill C-18 would do. It is simple.

Government 95

Government Copyright Law Marketing Marketing 95

The IPKat

JUNE 13, 2022

Recently, I spoke in the PRS London Members' Day panel about NFTs, alongside Cliff Fluet (Lewis Silkin) and Mike Walsh (Serenade). There has obviously been a considerable amount of excitement around non-fungible tokens (NFTs) over the last few years and some interesting developments in the last few months.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

TorrentFreak

FEBRUARY 25, 2023

After giving Android streaming apps the same treatment, recent claims in the media that ‘ illegal streaming detector cars ‘ have been deployed on the streets of Britain are depressing. Sony, Universal, Disney, and Warner are listed as member companies, but its scope is much broader than that.

Reporting 126

Reporting IP Plagiarism Copyright 126

LexBlog IP

MARCH 13, 2023

A patent application has three essential parts: drawings, specifications, and claims. A patent application has three essential parts: drawings, specifications, and claims. While we can disclose multiple inventions in the figures and specification portions of the patent application, we can only submit one claim set per application.

Patent Application 52

Patent Application Invention Patent Licensing 52

LexBlog IP

FEBRUARY 7, 2024

The rapid development of AI is introducing new opportunities and challenges to dispute resolution. AI is already impacting the document review and production process, legal research, and the drafting of court submissions. It is expected that the use of AI will expand into other areas, including predicting case outcomes and adjudicating disputes.

Publishing 52

Publishing Government Litigation Inventor 52

Intellectual Property Law Blog

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. If you have not done so yet, now is a good time to get started.

Government 237

Government Business Licensing Copyright 237

Technology & Marketing Law Blog

JULY 18, 2023

Google The last major decision applying section 301(a) to a breach of contract claim was delivered by the Second Circuit in 2022 in ML Genius v. Google The last major decision applying section 301(a) to a breach of contract claim was delivered by the Second Circuit in 2022 in ML Genius v. by guest blogger Prof. ML Genius v.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

LexBlog IP

JANUARY 3, 2022

District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary judgement. § 1836 et seq. (“DTSA”), and asserted other related claims. In a recent decision from the U.S. Healthcare Res.

Branding 52

Branding Brands Branding Confidentiality 52

Biswajit Sarkar Copyright Blog

JULY 11, 2022

One of the most contentious topics in arbitration is the arbitrability of IP disputes. In order to lessen the burden on the court, the courts are also expanding the scope of alternative dispute mechanisms. Intellectual property rights are becoming increasingly globally and economically oriented. Arbitration in Intellectual Property.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

The IPKat

OCTOBER 25, 2021

In support of the invention, the patent provided data demonstrating the synergistic effect of example compounds falling under the scope of the claim against two different species of moth ( S. The Opponent submitted their own data, showing that compounds falling under the scope of the claim did not have synergistic effect against P.

Invention 86

Invention Publishing Patent Application Art 86