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IP Law Insights
Blog posts of all IP law news and insights.
Stopping Cyber-Fakes: A Guide to the SHOP SAFE Act 2020
“The ‘safe harbor’ incentives [of the SHOP SAFE Act] only apply to goods that could implicate the health or safety of the consumer. The bill defines such goods as those whose use could lead to illness, disease, injury, adverse event, allergic reaction, or death. So, the unfortunate purchasers of a perfectly safe, but nevertheless fake, …
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‘Now We Know’ – Lessons in Preserving Constitutional Error Before the USPTO
Constitutional arguments should ordinarily be preserved before the agency; otherwise those constitutional arguments might be summarily deemed forfeited on appeal. The appellate court might consider the constitutional arguments without proper preservation, but don’t bet on it. It has been about a year since my first essay appeared on IPWatchdog.com. My topic dealt with preserving constitutional …
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District Court Finds Katy Perry’s ‘Dark Horse’ Not Substantially Similar to ‘Joyful Noise’ Ostinato
“The musical elements of the ostinato in ‘Joyful Noise’ were not ‘numerous enough and arranged in a sufficiently original manner to warrant copyright protection.’ Further, the signature elements of ‘Joyful Noise’ did not make up a ‘particularly unique or rare combination, even in its deployment as an ostinato.’” The U.S. District Court for the Central …
In Memoriam: The Honorable Gerald J. Mossinghoff
It is with great sadness that I inform the intellectual property law community of the passing of the Honorable Gerald J. Mossinghoff on March 20, 2020. He was 84 years old. I knew Gerry for more than 37 years, first as a Patent Examining Group Director when he was the Commissioner of Patents and Trademarks …
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Other Barks & Bites for Friday, March 20: USPTO Closes to Public, Levandowski Pleads Guilty, Israel Approves Generic Coronavirus Treatment
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in Other Barks & Bites: the USPTO closes to the public amid the coronavirus pandemic while waiving various patent and trademark applicant requirements during “extraordinary situation;” former Google engineer Anthony Levandowski pleads guilty to trade secret …
German Decision Puts Unified Patent Court Agreement in Jeopardy
“The likelihood is that this represents the end of the Unified Patent Court project, or at least a lengthy delay. The existing system whereby European patents are enforced separately in each member state will continue for the foreseeable future.” Judges in Germany have dealt what may be a fatal blow to the project to create …
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Planned Events
Planned Events PTAB E2E Deployment The USPTO will be performing maintenance on the Patent Trial Appeal Board End-To-End (PTAB E2E) system beginning at 10 p.m., Wednesday, March 25 and ending at 1 a.m., Thursday, March 26 ET. During the maintenance period, PTAB E2E will be unavailable. Multiple System Maintenance The USPTO will perform server maintenance …
Covid-19: Remedies and Extension of Time Limits Available for Madrid System Users
March 20, 2020 We are mindful that possible disruptions might affect users of the Madrid System due to measures taken against the Coronavirus disease (Covid-19) outbreak. Consequently, we wish to inform you of the remedies available against a failure to meet a time limit under the Madrid System. We also would like to remind you …
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Broadcom Asserts Patents Covering ‘Crucial Aspects’ of Netflix Content Delivery
“Broadcom alleges that the patent claims at issue in this lawsuit cover crucial aspects of the Netflix streaming service, including systems for reliable content delivery with minimal interruptions, efficient server resource use and encoding content in formats compatible with client devices accessing the Netflix service.” On March 13, American semiconductor developer Broadcom Corporation filed a …
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