The Federal Circuit ruled the Patent Trial and Appeals Board (PTAB) cannot permit a party to join itself as a party to its own existing inter partes review (IPR) petition and cannot permit adding new time-barred issues to an old petition by joinder.
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PTAB Cannot Permit Self-Joinder or Issue-Joinder and POP Statutory Constructions Receive No Deference Posted on: March 25, 2020 In: Intellectual Property & Technology
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Trademark Registrations Are No Place For Pandemic Opportunism Posted on: March 23, 2020 In: COVID-19 Response, Intellectual Property & Technology
Major cultural and world events, along with even goofy tweets, often give rise to a run on the trademark office by those hoping to strike it rich through being the first to monopolize a phrase. No one ever gets rich from this tactic and these antics only illustrate the profound misunderstanding most of the populace has about what a trademark is.
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The Dominos Have Started to Fall After Landmark “Stairway to Heaven” Copyright Ruling Posted on: March 20, 2020 In: Intellectual Property & Technology
One of the biggest rulings in music copyright law was recently issued by an en banc panel of the Ninth Circuit Court of Appeals and its impact has already been felt in another high-profile case. The decision in Skidmore v. Led Zeppelin (Ninth Circuit No. 16-56057, Issued March 9, 2020) marked what will certainly be seen by copyright scholars as a watershed moment.
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Inequitable Conduct or Experimentation: Long Live Inequitable Conduct? Posted on: March 17, 2020 In: Intellectual Property & Technology
The Federal Circuit recently found a litigant guilty of inequitable conduct in circumstances that should give pause to inventors who want to share their ideas for the purpose of experimentation before making a patent application.
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Trademark Update: New USPTO Rules Include Widely Criticized Applicant Email Requirements Posted on: February 14, 2020 In: Intellectual Property & Technology
Effective February 15, 2020, the United States Patent and Trademark Office (USPTO) will adhere to new trademark examination guidelines. The most significant for most trademark practitioners are the new email and specimen requirements.
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An Overview of U.S. Design Rights – Infringement & Enforcement, Part 2 of 2 Posted on: December 19, 2019 In: Intellectual Property & Technology
In our previous post, we identified the types of design rights infringement that are actionable. In this part, we will cover the different types of remedies available to rights owners and defenses available to accused infringers.
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An Overview of U.S. Design Rights – Infringement & Enforcement, Part 1 of 2 Posted on: December 17, 2019 In: Intellectual Property & Technology
This two-part blog series provides a primer on the different types of design rights in the United States and their enforcement. Part I will review the various types of infringement, and Part II will address remedies available to rights owners and defenses available to accused infringers. These posts are based on a paper and presentation delivered at the AIPLA’s Design Rights Boot Camp Conference in August 2019.
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Design Patents 101 – Part 2 of 2 Posted on: December 13, 2019 In: Intellectual Property & Technology
This is the second installment of a two-part series on design patents. This part will discuss the design application process and briefly touch on the prosecution of such applications
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Design Patents 101 - Part 1 of 2 Posted on: December 11, 2019 In: Intellectual Property & Technology
This two-part blog series provides a primer on design patents and is based on a presentation delivered at the AIPLA Design Rights Boot Camp in August 2019). Part I will cover the basics of design patents and compare them to other IP protections, such as trademark and copyright.
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Cleaning Up With Trade Secrets Under California’s Right to Know Act Posted on: November 05, 2019 In: Intellectual Property & Technology
Companies who make cleaning products sold in California should take note of a new law coming into effect on January 1, 2020, especially if their products are made from proprietary formulas or include ingredient mixtures that may qualify as company trade secrets.
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Players v. Haters: Ninth Circuit Says Creativity a Matter of Fact in Taylor Swift Copyright Suit Posted on: October 29, 2019 In: Intellectual Property & Technology
Taylor Swift fans might need to calm down after yesterday’s decision out of the Ninth Circuit. In 2017, two songwriters sued Taylor Swift over the chorus of her hit song “Shake It Off,” alleging her song infringed the copyrighted lyrics in their song “Playas Gon’ Play,” released in 2001.
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I Can’t Get Sued for Posting a Picture of Myself on Social Media… Can I? Posted on: October 17, 2019 In: Intellectual Property & Technology
The rise of social media has presented the courts with a seemingly never ending slew of counterintuitive, but probably valid claims. For example, the pop star Justin Bieber recently posted an image on his social media of himself and a friend in the backseat of a car. The photo, of course, was taken by a paparazzo undoubtedly lying in wait for just the right opportunity to snap the angst-ridden star. The photographer has now filed suit for copyright infringement against Mr. Bieber.
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