Patently-O

NOVEMBER 1, 2022

The court further explained that patents within a family can use two different definitions of the same term. “[T]hese two definitions can exist in harmony within the patent family.” Since the “small” definition was eliminated, that also mooted the question of whether “small” is indefinite.

Invention 126

Invention Patent Litigation Law 126

JD Supra Law

FEBRUARY 28, 2024

Case law informs the definition of “trade secret” which assists us as we prospectively counsel clients and litigate trade secret cases.

Law 63

Law Litigation 63

SpicyIP

JULY 13, 2021

Serious Comparative Advertising: Broadening the Definition. This post argues that the law should broaden the definition of serious comparative advertisement by allowing multiple comparisons. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Sangita Sharma.

Advertising 105

Advertising Advertising Brands Branding 105

Patently-O

APRIL 11, 2022

Although Nautilus made it easier for a court to find claim terms indefinite, the Federal Circuit continues indicate that the definiteness test strongly favors validity. In particular, the Federal Circuit has repeatedly found terms of relative degree to be definite so long as POSITA would have “enough certainty.” 898 (2014).

Patent 84

Patent Reporting Licensing Designs 84

Intellectual Property Law Blog

FEBRUARY 14, 2024

The Federal Circuit cited recent case law: “To act as its own lexicographer, a patentee must clearly set forth a definition of the disputed claim term other than its plain and ordinary meaning and must clearly express an intent to redefine the term.” to introduce a general definition for “storage [elements]” in [4.] Tools Inc.

Inventor 130

Inventor Patent Art Law 130

Technology & Marketing Law Blog

AUGUST 16, 2021

Plus, Blackbaud registered as a data broker in California, and the definition of “business” in the data broker law is identical to the CCPA. The post CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud appeared first on Technology & Marketing Law Blog.

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Privacy Blogging Business Marketing 127

The IPKat

DECEMBER 17, 2022

In its judgment Hasco TM v EUIPO - Esi (NATURCAPS) , the General Court dealt with the question whether such regulatory definitions play a role in interpreting the meaning of a term in the list of goods and services. In the EU, examples are ‘medicinal product’ ( Art. 1 of Directive 2001/83/EC ) and ‘food supplements’ ( Art.

Editing 126

Editing Art Law Licensing 126

JD Supra Law

JULY 21, 2023

ESET, LLC, the Federal Circuit held that a definition provided in any incorporated-by-reference document is a part of the host patent. In Finjan LLC v.

Patent 52

Patent 52

LexBlog IP

JULY 19, 2021

NARROW AUTO-DIALING DEFINITION BROADENS TEXT. “In sum, Congress’ definition of an autodialer requires that in all cases, whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator.”

Government 52

Government Reporting Business Technology 52

LexBlog IP

JANUARY 5, 2023

In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, nonobviousness, and written description, a patent must comply with the definiteness requirement as specified in 35 U.S.C. §112(b). [1]

Patent Law 52

Patent Law Law Inventor Patent 52

IP Watchdog

FEBRUARY 1, 2024

The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act.

Fair Use 116

Fair Use Copyright Infringement Copyright Law Litigation 116

JD Supra Law

NOVEMBER 7, 2022

Summary: Specific definitions provided in an earlier application in a patent family incorporated by reference into a later patent do not restrict the later patent if that patent does not include the definition. ESET, LLC - Before Reyna, Prost, and Taranto. Appeal from the Southern District of California. By: Knobbe Martens

Patent 52

Patent 52

The IPKat

FEBRUARY 15, 2024

Importantly, this provision does not apply to any product, but only to products falling under the definition of "substance or composition". The previous case law on the definition of a product as a "substance or composition" attempted to draw a distinction without a difference between medical products based on mode of action ( IPKat ).

Law 60

Law Invention Patent Art 60

JD Supra Law

NOVEMBER 21, 2022

The Federal Circuit has ruled that the definition of a claim term in a patent incorporated by reference into the patent at issue doesn’t limit the claims in the patent at issue. In Finjan LLC v. ESET, LLC, Finjan sued Eset claiming that Eset infringed several Finjan patents. By: AEON Law

Patent 52

Patent Law 52

Herbert Smith Freehills

MARCH 17, 2023

An investment manager of, or investment adviser to a bidder, an investor in a new bid vehicle or the target will be presumed to be acting in concert with the bidder or target (as appropriate).

Publishing 52

Publishing 52

IP Law 360

JANUARY 3, 2024

Delaware-based TA Instruments-Waters LLC wants the full Federal Circuit to rethink a panel decision that said a federal court flubbed an interpretation of a key term in a patent relating to chemical machinery.

Patent 52

Patent 52

JD Supra Law

DECEMBER 22, 2023

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness finding, determining that the Board properly applied the patentee’s lexicography in construing a disputed claim term and properly treated arguments raised by the parties in the reply and sur-reply briefings. ParkerVision, Inc. Vidal, Case No.

Patent 68

Patent 68

JD Supra Law

OCTOBER 17, 2022

Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive work? By: Miller Nash LLP

Artwork 66

Artwork Trademark Law Trademark Law 66

Hugh Stephens Blog

OCTOBER 27, 2024

According to the classical European definition, it is to respect the property … Continue reading "If AI Tramples Copyright During its Training and Development, Should AI’s Output Benefit from Copyright Protection? Should they? Let’s consider the essence of copyright. What is its raison d’être?

Copyright 147

Copyright 147

IP Watchdog

JANUARY 22, 2023

Last November, the U.S. Supreme Court granted a petition for writ of certiorari filed by famed whiskey brand owner Jack Daniel’s Properties. The petition filed by Jack Daniel’s appealed the U.S.

Artistic Work 124

Artistic Work Brands Branding Branding 124

Plagiarism Today

OCTOBER 11, 2023

In the US, the HHS is proposing new research integrity guidelines that include a change to the definition of plagiarism. The post HHS Proposes New Research Integrity Guidelines appeared first on Plagiarism Today.

Plagiarism 269

Plagiarism 269

LexBlog IP

JULY 15, 2021

This week, Governor Andrew Cuomo signed legislation that added text messaging to the state of New York’s definition of telemarketing communication for purposes of its no-call registry. The legislation, S.3941/A.6040,

Business 40

Business Technology Intellectual Property 40

IP Law 360

NOVEMBER 1, 2023

The Federal Circuit ruled Wednesday a Delaware federal court flubbed an interpretation in a key term of a patent relating to chemical machinery, throwing out a deal the parties in the suit reached at the lower court level.

Patent 40

Patent 40

Above the Fold

MAY 14, 2021

This proposed rule would update the definition of “healthy” and create a symbol for the “healthy” nutrient content claim. Food and Drug Administration (“FDA”) announced that it will be conducting research in conjunction with a new rule they plan to roll out. The FDA update is located here.

Advertising 40

Advertising Advertising 40

JD Supra Law

SEPTEMBER 16, 2024

Recently, the Delaware Chancery Court and the Third Circuit issued three significant decisions on key issues affecting licensing and M&A transactions in the life sciences industry. By: Goodwin

Licensing 73

Licensing Patent 73

LexBlog IP

FEBRUARY 14, 2024

The Federal Circuit cited recent case law: “To act as its own lexicographer, a patentee must clearly set forth a definition of the disputed claim term other than its plain and ordinary meaning and must clearly express an intent to redefine the term.” to introduce a general definition for “storage [elements]” in [4.]

Inventor 52

Inventor Patent Art Law 52

JD Supra Law

NOVEMBER 5, 2024

Open Source Initiative (OSI) has provided its first definition of open source artificial intelligence. A California public benefit corporation, OSI has been defining and certifying open source software for over twenty years, and has been working with AI developers to agree upon a definition of open source AI.2

Licensing 63

Licensing 63

LexBlog IP

MARCH 10, 2022

New York recently passed legislation to amend the definition of elder abuse to include identity theft.

Law 40

Law Intellectual Property 40

JD Supra Law

JANUARY 10, 2024

Precedential and Key Federal Circuit Opinions - 1. PARKERVISION, INC. VIDAL [OPINION] (2022-1548, 12/15/2023) (Prost, Wallach, and Chen)* - Chen, J. The Court affirmed the PTAB’s determination that the patent claim at issue was unpatentable as obvious. The Court held that the Board correctly construed the term “storage element.”. By: WilmerHale

Patent 73

Patent 73

JD Supra Law

OCTOBER 30, 2024

With its judgment, the ECJ definitively settles a 15-years-long saga, rejecting the presumption that exclusivity rebates. On October 24, 2024, the European Court of Justice (ECJ) confirmed the annulment by the General Court (GC) of the European Commission’s (EC) decision to impose a EUR 1.06 By: McDermott Will & Emery

Marketing 122

Marketing Marketing 122

IP Watchdog

MARCH 28, 2022

Earlier this month, Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) introduced the Strengthening Measures to Advance Rights Technologies (SMART) Copyright Act into the U.S.

Copyright 98

Copyright Designs Design Copyright Infringement 98

Hugh Stephens Blog

JANUARY 11, 2023

Review in the Senate last year led to a number of amendments, one of which dealt with the definition of Canadian content (Cancon). Canada’s Online Streaming Act, (Bill C-11) the draft legislation that will bring online streaming content under the purview of the Broadcasting Act, will continue its slow progress through Parliament in 2023.

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JD Supra Law

MARCH 11, 2022

In Kyocera Senco Industrial Tools Inc. International Trade Commission, the Federal Circuit held that an expert who did not possess the specific defined level of ordinary skill in the art could not testify about infringement, despite having advanced degrees and extensive experience in the general field of study.

Art 55

Art 55

Legal Zoom

AUGUST 8, 2022

A release of liability form is designed to safeguard you against lawsuits by planning for and addressing potential disputes.

Designs 52

Designs Design 52

IP Law 360

SEPTEMBER 13, 2022

Alcoholic beverages giant Constellation Brands Inc. has urged a New York federal judge not to find it liable in Anheuser-Busch's trademark infringement suit over Constellation's Corona hard seltzer brand, arguing that the drink falls within "beer" products that are permitted by a sublicensing agreement between the companies.

Branding 40

Branding Brands Branding Trademark 40

Michael Geist

JUNE 29, 2024

The term is, more often than not politically loaded which has rendered int’l consensus impossible for the purposes of definition. I will attempt to navigate through some of the hazards that recent scholarship has pointed out.

Government 142

Government Reporting Law 142

JD Supra Law

DECEMBER 16, 2021

law, every patent claim must be supported by an adequate written description, which conveys to those skilled in the art the nature and breadth of the invention. The Federal Circuit recently decided two cases that found that claiming both a quantitative value and a quantitative range requires particular clarity in the disclosure.

Invention 52

Invention Art Law Patent 52