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Patent Insights

Patent 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 …

District Court Finds Katy Perry’s ‘Dark Horse’ Not Substantially Similar to ‘Joyful Noise’ Ostinato Read More »

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 …

Other Barks & Bites for Friday, March 20: USPTO Closes to Public, Levandowski Pleads Guilty, Israel Approves Generic Coronavirus Treatment Read More »

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 …

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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 …

Broadcom Asserts Patents Covering ‘Crucial Aspects’ of Netflix Content Delivery Read More »

Federal Circuit Finds District Court Did Not Err in Jury Instructions On ‘Ordinary Observer’ Standard

“The CAFC found no error in the jury instructions, which defined the ordinary observer as ‘a person who buys and uses the product at issue’ and ‘correctly instructed [the jury] that the question is how the ordinary observer would view the article as a whole.’” The U.S. Court of Appeals for the Federal Circuit (CAFC) …

Federal Circuit Finds District Court Did Not Err in Jury Instructions On ‘Ordinary Observer’ Standard Read More »

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