IPilogue

NOVEMBER 23, 2021

Patent and Trademarks Office (USPTO) closed the public comment period on the contentious topic of patent eligibility. While a vast realm of things can be patented, software and medical devices are frequently hot topics when discussing patent eligibility. On October 15, 2021, the U.S Current State. Significant U.S.

Patent 105

Patent Invention Intellectual Property Inventor 105

SpicyIP

APRIL 10, 2024

In the last few days, the Madras and Delhi High Courts have passed a few significant orders on these topics. 2 major concerns stand out here- first, it must be noted that the validity of the suit patent was upheld after a “prima facie” assessment by the Court in the January 2023 order.

Patent 45

Patent Cease and Desist Invention Art 45

TorrentFreak

APRIL 6, 2024

While no communication appears to have been received from the communications regulator on that topic, AGCOM has managed to find time to fine ASSOProvider for obstructing AGCOM’s supervisory activities. More Piracy Shield Controversy The news that AGCOM has sanctioned ASSOProvider first appeared on the ISP association’s website.

Copying 103

Copying Publishing Reporting IP 103

TorrentFreak

DECEMBER 11, 2022

YouTube is an incredible site with an unbelievable amount of content covering every conceivable topic. The complaint alleged breaches of the DMCA’s anti-circumvention provisions but based on the information provided, GitHub could not determine a valid circumvention claim. But it’s certainly not perfect.

Licensing 143

Licensing Copyright Infringement Copyright Advertising 143

Patently-O

APRIL 28, 2022

Best mode can only be raised during prosecution and is not available as a validity defense in litigation. I would love to hear your thoughts on this topic. Best-Mode : The original specification must disclose the best mode for carrying out the invention–if one is known by the inventors. 282 (as amended by AIA 2011).

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Inventor Invention Art Litigation 105

Velocity of Content

SEPTEMBER 19, 2022

It is earned instead through consistent application of valid methodology and the rigorous adherence to the peer review process. I do indeed welcome this year’s theme, and I am looking forward to reading articles on the topic. Overall, it seems obvious that trust in research results does not simply fall from the sky, as it were.

Branding 98

Branding Brands Branding Government 98

Technology & Marketing Law Blog

NOVEMBER 20, 2022

In opposition, Plaintiff argues that Defendant’s “limitation would exclude most modern advertising, the vast majority of which is delivered by search engines like Google in response to user searches for topics of interest, just as Seamless delivered its advertisement in response to a search for Mr. Spindler.” The Court agrees.

Advertising 103

Advertising Advertising Blogging Reporting 103

43(B)log

NOVEMBER 13, 2023

Defendants’ proposed expert on the same topic got in too. She didn’t need to be a statistician to testify that “OSRX routinely dispenses its compounded drugs pursuant to valid patient-specific prescriptions, as required under section 503A of the [FDCA].”

False Advertising 71

False Advertising Advertising Advertising Government 71

The IPKat

OCTOBER 9, 2021

The AmeriKat enjoying the slower paced validity track. A topic of interest in the UK courts at the moment (see the various applications to expedite trials because of it here ). Although validity objections are often of paramount importance to the implementer in infringement proceedings, such objections will generally not be considered.

Reporting 57

Reporting Patent Intellectual Property Litigation 57

The IPKat

NOVEMBER 14, 2021

This is the question Miquel Peguera raises on Kluwer Copyright Blog, alongside his analysis of the topic. Apart from the discussion regarding copyright infringement, the validity of the registration is also being questioned. moral rights. Is the Spanish implementation of Art. 17 CDSM compatible with EU law?

Blogging 113

Blogging IP Moral Rights Artwork 113

SpicyIP

SEPTEMBER 11, 2023

He wrote detailed posts on this topic later here and here. Talking about this topic, the issue of Judicial Recusals also shouldn’t be left untouched – an issue that has been the heart of several IP controversies, notably the Novartis dispute. But why would one rig data that too at a platform where it is very likely to attract scrutiny?

IP 105

IP Reporting Plagiarism Government 105

The IPKat

MARCH 21, 2024

UPC CoA considers the correct approach to claim interpretation On appeal, the UPC CoA reassessed the first instance decision on the patent's validity. How much the description should be used to interpret the claims is currently a hot-topic at the EPO ( IPKat ). Claim interpretation, as is so often the case, was key.

Invention 57

Invention Art Patent Licensing 57

TorrentFreak

MAY 8, 2023

This brings us to the next topic on the court’s agenda; a request from the filmmakers to release the identities of 125 Grande subscribers who were repeatedly flagged for sharing pirated films. The requested pirate site-blocking injunction was dismissed, however, although it can be reintroduced at a later stage.

Privacy 125

Privacy Copyright Infringement Copyright Copying 125

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

IP 76

IP Marketing Marketing Confidentiality 76

The IPKat

MARCH 6, 2022

In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. has challenged the validity of a figurative mark registered for goods related to smartphones in class 9. This article provides an overview of the current trends in the U.S.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

Velocity of Content

SEPTEMBER 21, 2021

My role is similar to that of the history teacher to whom a term paper is submitted: I read the work closely and offer a brief, constructive critique along several dimensions, focusing on evidence, internal logic, writing, and the writer’s application of valid historical methods.

Publishing 94

Publishing Journalism Editing Designs 94

The IPKat

OCTOBER 8, 2021

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. Meanwhile, a radical shake-up of the European Qualifying Examinations (EQEs) has been announced ( IPKat ), with the aim of making the EQEs more fit for purpose.

Patent 82

Patent Reporting Contracts Journalism 82

IP and Legal Filings

APRIL 10, 2024

Through these platforms, individuals can access content that was previously inaccessible and engage in discussions on topics that were once considered sensitive or controversial. INTRODUCTION The entertainment and media sector is experiencing a continuous and increasing influence on social media with each passing day.

Social Media 86

Social Media Journalism Television Law 86

Patently-O

APRIL 26, 2023

” – Kshithij Iyer, became an inventor at age 27 “Being recognized as an inventor validates one’s creativity, empowering one to do more.” Though the patent system exists to promote innovation, it also serves to promote inventors and innovators. ” – Sujesha S.,

Inventor 85

Inventor Blogging Invention IP 85

LexBlog IP

AUGUST 9, 2023

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois.

Invention 52

Invention Patent Intellectual Property 52

The IP Law Blog

JUNE 10, 2021

Marilyn Monroe LLC subsequently ruled that the Monroe Estate did not have a valid right of publicity claim. Scott Hervey and Josh Escovedo discuss this topic on The Briefing from the IP Law Blog on YouTube at this link , and on their podcast at this link. When the Monroe Estate attempted to control the use of Ms.

Privacy 85

Privacy Music Law Advertising 85

IP and Legal Filings

FEBRUARY 2, 2024

District Judge [7] , Allahabad High Court addressed the limits of “religious susceptibility” of a trademark called “Ganesh Beedi” The trademark’s validity was questioned due to the inclusion of a Hindu deity’s name followed by the phrase “beedi.”

Trademark Law 94

Trademark Law Trademark Law Service Mark 94

Nelligan Law

FEBRUARY 23, 2022

Parents who don’t give consent to vaccinate their child may find that the courts will order that their consent is not required, unless they can overcome that presumption with valid medical evidence. The requirement to offset the presumption of vaccination is other persuasive medical evidence – that meets the threshold of admissibility.

Social Media 136

Social Media Government Law Litigation 136

IP and Legal Filings

FEBRUARY 13, 2023

Image Sources : Shutterstock] Doctrine of Exhaustion A very important concept that needs to be understood while we delve into this topic of Parallel Imports is the doctrine of exhaustion. The validity of parallel imports in India can be understood by analysing section 30 sub sections 3 and 4 of the Indian Trade Mark Acts, 1999.

Marketing 82

Marketing Marketing IP Intellectual Property 82

Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright law has always been an emotional topic. Of course, their ongoing litigation makes them valid and attractive candidates to join these talks. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive. However, the rewards from such a process justify and outweigh these costs.

Copyright Law 60

Copyright Law Copyright Law Music 60

The IPKat

SEPTEMBER 12, 2021

A primary motivation for Abbott's expedition application was to obtain a UK court decision on the validity of four European patents in order to influence a German court considering infringement of the German EP equivalents and to prevent the problems of the "injunction gap". But no such luck for Abbott, " regret[tably] ".

Litigation 98

Litigation Patent Marketing Marketing 98

LexBlog IP

AUGUST 26, 2022

Keeping with the topic of interwoven advertising and nonadvertising content, CARU highlighted as the second topic of concern the use of influencers and endorser advertising in the metaverse.

Advertising 52

Advertising Advertising Social Media Branding 52

The IPKat

NOVEMBER 27, 2023

Although it is not possible to accept that any sign located in the specific position at issue will automatically be perceived as a trade mark, the fact that the consumer identifies that specific area of the product as the one where manufacturers usually place their distinctive signs allows to reduce the threshold of complexity required for the sign (..)

Television 73

Television Branding Brands Branding 73

TorrentFreak

SEPTEMBER 11, 2021

“This in itself is very strange, considering if any of the complaints were valid then I should remove said content? By using the query ‘site:rule34.xxx In response, Rule34 contacted NCMEC to ask which URLs were problematic but they said they were unable to confirm if any reports had been made.

Reporting 137

Reporting Copyright 137

The IPKat

DECEMBER 26, 2022

After stating that Mrs R and Moulinsart had a valid interest in the action, the Court of Appeal confirmed the decision of the Tribunal Judiciaire on the originality of Tintin, the rocket and the titles of the comic strips. It first considered the admissibility of the action brought by Ms R and Moulinsart.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

At a high level, the mining process validates transactions in the blockchain through a distributed network of nodes. An award is given to the node who first succeeds at successfully validating the transaction. – the “miners.” We may dive into this topic in a future blog post. [2] That is, an individual can earn rewards (e.g.,

Technology 76

Technology Copying Invention Patent Prosecution 76

LexBlog IP

APRIL 13, 2023

The letters themselves are called Notice of Penalty Offense (Notice) letters, and since it has been awhile since we discussed the topic, we will provide a brief recap of the legal authority that the agency is invoking. Misrepresenting the level of substantiation that exists for a product.

Advertising 52

Advertising Advertising Litigation Marketing 52

Copyright Lately

SEPTEMBER 26, 2022

A plaintiff typically has the burden at trial to prove ownership of a valid copyright. However, in granting Alexander’s motion for partial summary judgment two years ago, the court found that it was undisputed that Alexander holds valid copyrights for the five tattoos at issue and that defendants copied her copyrighted works.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Bio Law Blog

NOVEMBER 15, 2021

In 2017, Elysium filed IPR petitions challenging the validity of the patents. 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. § 101. See e.g., United Cannabis Corp. Pure Hemp Collective Inc. ,

Patent 52

Patent Invention Litigation Contracts 52

Velocity of Content

JUNE 15, 2022

Although it is perfectly valid in a logical sense (if not fully fleshed-out) , this language never developed into anything operational. The more common description of these “measures” was as “anti-piracy tools” or “digital rights management” (DRM, a term from the market).

Copyright 98

Copyright Government Designs Design 98

Kluwer Copyright Blog

APRIL 26, 2022

paras 85-86] (This topic and its implications will be the subject of a separate blogpost.). In sum, from this first quick analysis, it can be said that although Article 17 survives, its validity is subject to the strict application of safeguards that ensure the right to freedom of expression and information of the users of OCSSPs.

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Intellectual Property Law Designs Design 99

Kluwer Copyright Blog

DECEMBER 1, 2021

This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. Against this background, with this new public consultation the UKIPO is now looking for more concrete answers on three specific topics which could potentially lead to a Parliament intervention in the field of IP and AI. Background.

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IP Inventor Invention Intellectual Property 70