Bio Law Blog

NOVEMBER 15, 2021

The Patent Trial and Appeal Board did not institute IPR of the ’807 patent but instituted IPR of the ’086 patent and upheld one of the challenged claims as valid. Two weeks before trial, the district court granted Elysium’s motion for summary judgment under Section 101. § 101. § 101. ” Id. ” Id.

Patent 52

Patent Invention Litigation Contracts 52

43(B)log

FEBRUARY 17, 2022

Starting with the survey experts: Excluding survey evidence requires meeting a “heavy burden,” as long as a survey is “fairly prepared and its results directed to relevant issues.” that clinical trials demonstrated that the supplement was safe) and asking whether the communication at issue communicated or implied that statement.”

False Advertising 59

False Advertising Advertising Advertising Social Media 59

The IPKat

DECEMBER 22, 2023

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. After a flurry of decisions at the start of the year , the Boards of Appeal have gone rather silent on the topic of ViCo oral proceedings. Interestingly, no other Board of Appeal has yet cited T 1158/20.

Invention 110

Invention Inventor Patent Law 110

LexBlog IP

AUGUST 31, 2021

At trial, HTC argued that Ericsson had breached its FRAND commitments in at least two ways. concerned an important point in the trial such that the failure to instruct the jury on the issue seriously impaired the party’s ability to present a given claim. the rate per unit would be between $1 and $4). HTC rejected that offer.

Licensing 52

Licensing Contracts Law Patent Law 52

43(B)log

APRIL 12, 2024

The trial court found that for more than a decade, defendants violated the UCL and FAL by making false and misleading statements to prospective students for a total of 1,243,099 UCL and FAL violations. The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample.

False Advertising 59

False Advertising Law Reporting Marketing 59

Copyright Lately

OCTOBER 24, 2022

The parties ultimately settled the case before trial. Companies like Prepared Food Photos, Inc. AI-generated art is a controversial topic, and as always, I’d love to hear your thoughts. AI-Generated Art to the Rescue? Could AI-generated art offer an alternative?

Artwork 88

Artwork Copyright Infringement Copyright Art 88

SpicyIP

JANUARY 9, 2023

Upon a few trial runs, she remarks that the platform is pretty user friendly and all the relevant information related to a judgement is made available to the user such as date of the decision, status of the case and case number within the platform. Continuing with our annual tradition, we curated a list of the top IP developments in India.

Trademark 105

Trademark IP Registration Reporting 105

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. answering a different intended question or providing information about a different topic). On the other hand, a savvy patent drafter could use ChatGPT to prepare certain portions of a patent application that deal with prior art.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Technology & Marketing Law Blog

JUNE 20, 2023

When a derivative work is prepared lawfully, the creator of the derivative is entitled to their own copyright, 17 U.S.C. By contrast, when a derivative work is prepared unlawfully , the creator of the derivative work is entitled to no rights, and is merely an infringer. This has important implications for the doctrine of fair use.

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. Thus, AIA trials at the PTAB were preserved, and the new age of Director review began. Factor 2: proximity of the court’s trial date to the Board’s projected statutory deadline – Neutral. Fintiv and Sand Revolution ].”

Reporting 52

Reporting Art Invention Patent 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The continued slow pace of approvals is potentially the result of the COVID-19 pandemic and related delays in clinical trials and facility inspections by FDA, as well as a re-prioritization and shifting of agency resources towards COVID-19 vaccines and treatments. A jury trial is set for July 11, 2022. New FDA Guidance and Information.

Litigation 52

Litigation Settlement Patent Marketing 52

Trading Secrets

DECEMBER 29, 2022

Generally, reformation of a restrictive covenant is required under Texas law; however, the timing of the reformation (during the initial stages of litigation or upon a final trial on the merits) is still an open question. There is no “one-size-fits-all” way to prepare a restrictive covenants agreement for multiple jurisdictions.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

MARCH 12, 2023

Staying on the topic of Rule 12(b)(6) motions, during the course of my review of these cases each month, I am seeing a trend by federal courts denying these motions on the trade secret claims but sometimes dismissing other tort claims. Looking for ideas for your motion in limine to exclude improper evidence at your next trade secret trial?

Blogging 52

Blogging Litigation Ownership Reporting 52

LexBlog IP

DECEMBER 29, 2022

Generally, reformation of a restrictive covenant is required under Texas law; however, the timing of the reformation (during the initial stages of litigation or upon a final trial on the merits) is still an open question. There is no “one-size-fits-all” way to prepare a restrictive covenants agreement for multiple jurisdictions.

Confidentiality 40

Confidentiality Business Law Contracts 40