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17 May 2024, 7:08 am
Practical advice The General Court extends its case law on the similarity of signs to the effect that signs can still be similar even if the earlier mark (1.) is adopted in its entirety, (2.) is supplemented by two – visually distinct – words and (3.) does not dominate the later composite sign (see GC, judgment of 04.05.2005 – T-22/04 – WESTLIFE/West). [read post]
11 Aug 2011, 11:02 pm
In Novo Industries, we held that "[a] district court can correct a patent only if (1) the correction is not subject to reasonable debate based on consideration of the claim language and the specification and (2) the prosecution history does not suggest a different interpretation of the claims. [read post]
8 Oct 2021, 1:49 pm
” Here, all the police were going on was three pretty general things: a (1) Black male (2) with short hair covered by a ball cap and (3) a short beard. [read post]
20 Oct 2011, 7:55 am
No funds appropriated, or otherwise made available, under this Act may be used by the Director of the United States Patent and Trademark Office to carry out section 37 of the Leahy-Smith America Invents Act (35 U.S.C. 156 note), including the flush sentence added to section 156(d)(1) of title 35, United States Code, by such section 37. [read post]
7 Apr 2009, 8:20 am
He does not say. [read post]
12 Jan 2017, 2:52 pm
§101, obviousness under 35 U.S.C. [read post]
8 Feb 2022, 12:32 pm
” It appears that the Order does not apply to federally funded projects under the control of state and/or local governments. [read post]
26 Feb 2014, 8:36 am
The first sub-section of 35 U.S.C. [read post]
20 Oct 2008, 6:18 pm
As a result, the district court correctly concluded that claims 1, 13, and 14 are indefinite under 35 U.S.C. [read post]
8 Apr 2014, 4:15 am
The CRU explained, citing to the Official Gazette Notice from March 1, 2005 titled “Notice of Changes in Requirement for a Substantial New Question of Patentability for a Second or Subsequent Request for Reexamination While an Earlier Filed Reexamination is Pending,” that a Reasonable Likelihood of Prevailing (RLP) as accepted the PTAB does not necessarily support the existence of a Substantial New Question of Patentability (SNQ). [read post]
20 Mar 2022, 7:56 pm
Supreme Court: The new petition asks two questions “(1) Whether enhanced damages under 35 U.S.C. [read post]
2 Feb 2018, 7:37 am
An alleged violation cannot be fundamental, in the sense of 'intolerable', if it does not cause an adverse effect. [read post]
2 Feb 2018, 7:37 am
An alleged violation cannot be fundamental, in the sense of 'intolerable', if it does not cause an adverse effect. [read post]
14 Nov 2019, 8:50 am
The Constitution does limit our choices for president, however—there’s an age minimum of 35, the natural born citizen requirement, and the 14-year residency requirement. [read post]
3 Jun 2014, 12:51 am
Under Federal Circuit case law, liability for direct infringement under 35 USC. [read post]
30 Jul 2013, 10:23 am
Here we'd need more detail, but interest deductibility does indeed create big problems, such as its creating tax bias in favor of debt over equity. [read post]
19 Mar 2015, 10:49 am
Last week Advocate General Mengozzi gave his Opinion in Case C-20/14 BGW Marketing - & Management- Service GmbH v Bodo Scholz [available so far in 17 EU official languages, but not English, notes Merpel] on the interpretation of Article 4(1)(b) of Directive 2008/95, following a request by the Bundespatentgericht (German Federal Patent Court) to the Court of Justice of the European Union (CJEU) for a preliminary ruling.The underlying dispute concerned an… [read post]
11 Mar 2020, 8:26 pm
., 92 AD3d 29, 35 [1st Dept 2011], lv denied 18 NY3d 811 [2012]). [read post]
8 Feb 2023, 5:28 am
Prince ed. 1822); Act of Dec. 3, 1811, §1, id., at 35, to be sued in federal court despite the Eleventh Amendment, reasoning that "[t]he State does not, by becoming a corporator, identify itself with the corporation," id., at 907. [read post]
1 Aug 2011, 8:30 pm
" 35 U.S.C. [read post]
