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2 Jul 2020, 6:41 am by Anastasiia Kyrylenko
The agenda includes modules on IP fundamentals, but also covers advanced topics, such as standard essential patents and FRAND licensing. [read post]
30 Jun 2020, 4:09 am by Barry Barnett
Contempt action for violation of bankruptcy discharge order belonged in court despite arbitration clause. https://ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/doc/19-648_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/hilite/ DACA survives. https://supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf Lawyer who won judgment on Argentine bonds had lien on proceeds of settlement he didn’t participate in and… [read post]
30 Jun 2020, 4:09 am by Barry Barnett
Contempt action for violation of bankruptcy discharge order belonged in court despite arbitration clause. https://ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/doc/19-648_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/hilite/ DACA survives. https://supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf Lawyer who won judgment on Argentine bonds had lien on proceeds of settlement he didn’t participate in and… [read post]
15 Jun 2020, 4:01 am by Barry Barnett
https://ca2.uscourts.gov/decisions/isysquery/d60e1dc8-73d5-41ee-ae0c-eeac5cc286af/1/doc/18-3023_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/d60e1dc8-73d5-41ee-ae0c-eeac5cc286af/1/hilite/ Note for readers Because my practice focuses on complex commercial disputes–especially antitrust, energy, and intellectual property–I keep daily track of important decisions by the U.S. [read post]
15 Jun 2020, 4:01 am by Barry Barnett
https://ca2.uscourts.gov/decisions/isysquery/d60e1dc8-73d5-41ee-ae0c-eeac5cc286af/1/doc/18-3023_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/d60e1dc8-73d5-41ee-ae0c-eeac5cc286af/1/hilite/ Note for readers Because my practice focuses on complex commercial disputes–especially antitrust, energy, and intellectual property–I keep daily track of important decisions by the U.S. [read post]
8 Jun 2020, 3:27 am by Barry Barnett
. * * * * Signing of one-page contract to rent car didn’t bind customers to arbitration clause in “rental jacket”. https://www2.ca3.uscourts.gov/opinarch/183780p.pdf Scent sprayer patent was obvious. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1659.Opinion.5-19-2020_1590336.pdf Grant of right to use trademark in divorce didn’t create “naked license” without quality controls and therefore didn’t abandon trademark.… [read post]
8 Jun 2020, 3:27 am by Barry Barnett
. * * * * Signing of one-page contract to rent car didn’t bind customers to arbitration clause in “rental jacket”. https://www2.ca3.uscourts.gov/opinarch/183780p.pdf Scent sprayer patent was obvious. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1659.Opinion.5-19-2020_1590336.pdf Grant of right to use trademark in divorce didn’t create “naked license” without quality controls and therefore didn’t abandon trademark.… [read post]
28 May 2020, 4:00 am by Lawrence Husick
The Doc has been working to draft and file patent applications on that treatment, and even discovered an improvement himself. [read post]
18 May 2020, 4:18 am by Barry Barnett
Federal Drug & Cosmetic Act preempted state-law claims about liquid products you can’t fully dispense. https://ca2.uscourts.gov/decisions/isysquery/eb9aaf1d-4219-46d3-b335-9a9187f8d22d/1/doc/19-2474_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/eb9aaf1d-4219-46d3-b335-9a9187f8d22d/1/hilite/ Copyright owner had burden to show terms of license didn’t allow licensee to use works as it did.… [read post]
18 May 2020, 4:18 am by Barry Barnett
Federal Drug & Cosmetic Act preempted state-law claims about liquid products you can’t fully dispense. https://ca2.uscourts.gov/decisions/isysquery/eb9aaf1d-4219-46d3-b335-9a9187f8d22d/1/doc/19-2474_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/eb9aaf1d-4219-46d3-b335-9a9187f8d22d/1/hilite/ Copyright owner had burden to show terms of license didn’t allow licensee to use works as it did.… [read post]
12 May 2020, 4:17 am by Barry Barnett
. * * * * Party that brought IPR waived Appointments Clause complaint objection to panel of Patent Trial and Appeal Board. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-2117.Motion_Panel_Order.5-5-2020.2_1582519.pdf Mistake in view of prior art required new look at obviousness of patent asserted against Uber. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1164.Opinion.5-5-2020_1582497.pdf New GM didn’t judicially admit it had to pay death… [read post]
12 May 2020, 4:17 am by Barry Barnett
. * * * * Party that brought IPR waived Appointments Clause complaint objection to panel of Patent Trial and Appeal Board. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-2117.Motion_Panel_Order.5-5-2020.2_1582519.pdf Mistake in view of prior art required new look at obviousness of patent asserted against Uber. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1164.Opinion.5-5-2020_1582497.pdf New GM didn’t judicially admit it had to pay death… [read post]
5 May 2020, 11:34 am by tom
  The form can be filled and filed directly to the PTO with its own Doc Code. [read post]
4 May 2020, 10:00 pm
The requirements for filing plant patent applications and follow-on documents via USPTO patent electronic filing systems include: The USPTO's transmittal form The document (Doc Code TRNA) must be selected for in USPTO patent electronic filing systems; An indication must be made on the appropriate screen that a utility patent application is being filed (there is no option for a plant patent application); The document description… [read post]
4 May 2020, 4:05 am by Barry Barnett
Week of April 20 Extension of drug patent term didn’t apply to inactive variation of active ingredient. http://cafc.uscourts.gov/sites/default/files/opinions-orders/20-1373.Opinion.4-21-2020_1573636.pdf Beating patent claim on mootness grounds made defendant prevailing party that could get fee award. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1283.Opinion.4-21-2020_1573622.pdf Tsunami case against GE belonged in Japan.… [read post]
4 May 2020, 4:05 am by Barry Barnett
Week of April 20 Extension of drug patent term didn’t apply to inactive variation of active ingredient. http://cafc.uscourts.gov/sites/default/files/opinions-orders/20-1373.Opinion.4-21-2020_1573636.pdf Beating patent claim on mootness grounds made defendant prevailing party that could get fee award. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1283.Opinion.4-21-2020_1573622.pdf Tsunami case against GE belonged in Japan.… [read post]
30 Apr 2020, 2:15 pm by tom
  Formally known as Expedited Examination but referred to by practitioners and the USPTO alike as the Rocket Docket (even PTO forms use the doc code: “ROCKET”), this program can shave as much as a year off the pendency of a design patent application. [read post]
13 Apr 2020, 4:03 am by Barry Barnett
Lack of unjust enrichment from infringement of party bus trademarks supported denial of profits disgorgement under Lanham Act. https://ecf.ca8.uscourts.gov/opndir/20/04/182990P.pdf Delaware choice of law clause in employment contract trumped forum (Massachusetts) law. http://media.ca1.uscourts.gov/pdf.opinions/19-1611P-01A.pdf Diverse defendant could “snap” remove case before plaintiff served non-diverse defendant. http://ca5.uscourts.gov/opinions/pub/18/18-31184-CV0.pdf Stipulation of… [read post]