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Journey Through “Mays” on SpicyIP (2005 – Present) 

SpicyIP

Overall, with layers of intrigue, secrecy, and questionable practices, the complex relationship between IP law, CSIR, and the ever-present quest for accountability is worth remembering when thinking of the larger scheme of IP things. Generally, the benchmark for comparative advertising hinges on the “average consumer” test.

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Phil Johnson Presented with Second Annual Pauline Newman Award; Newman and Quinn Question the Future of the CAFC

IP Watchdog

On the final day of IPWatchdog LIVE 2024, Phil Johnson became the second recipient of the annual Pauline Newman Award, which is presented each year to recognize the unique achievements of one patent attorney over their career.

Patent 111
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CAFC Scolds District Court for Straying from ‘Party Presentation’ Principle

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) on Wednesday told the U.S. District Court for the District of Delaware that it “misapprehended its role in adjudicating the issue of patentability” when it sua sponte determined claims of Astellas Pharma’s patent invalid under 35 U.S.C. § 101 as directed to an ineligible natural law.

Patent 108
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DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

JD Supra Law

The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First Circuit. By: Seyfarth Shaw LLP

Law 129
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The John Hughes Plagiarism Scandal

Plagiarism Today

Literary experts pointed out that Eliot included footnotes with his work and that, if he intended to create a new work based on previous material, it should have been presented and marketed that way, not as an original work. However, he never presented this book as such. That explanation, however, fell flat.

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Cyntec Company, Ltd. v. Chilisin Electronics Corp., Chilisin America Ltd. Nos. 2022-1873, (Fed. Cir. October 16, 2023)

Intellectual Property Law Blog

At trial, Chilisin presented evidence to the jury on invalidity and Cyntec presented expert testimony in rebuttal. The Federal Circuit held that Chilisin presented evidence sufficient for a reasonable juror to find the asserted claims obvious.

Art 260
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Axonics, Inc. v. Medtronic, Inc. Nos. 2022-1532, 2022-1533, (Fed. Cir. August 7, 2023)

Intellectual Property Law Blog

This case addresses the ability of a petitioner in an IPR to present new evidence in a reply brief, particularly where the patent owner proposes a new claim construction in its patent owner response. Background Medtronic, Inc. Medtronic”) owns multiple patents relating to transcutaneous (i.e.

Art 264