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25 Nov 2013, 10:00 pm by Courtenay Brinckerhoff
Mike’s Novelties, Inc., the Federal Circuit affirmed the district court’s judgment of infringement and no invalidity, but reversed the finding of willful infringement. [read post]
6 Nov 2013, 3:46 am by Dennis Crouch
See also UMG Recordings, Inc. v. [read post]
23 Oct 2013, 1:40 pm by Tim Greene
On Tuesday, the Fair Use Project, along with the good folks at Bingham McCutchen LLP and Virginia Rutledge, filed a brief amici curiae on behalf of the Andy Warhol Foundation for the Visual Arts, Inc., and the Robert Rauschenberg Foundation in the Cariou  v. [read post]
14 Oct 2013, 6:09 pm by Sarah Burstein
” If a prior design has “the same” appearance, then the new design would be invalid for lack of novelty. [read post]
8 Oct 2013, 5:01 pm by oliver randl
(see e.g. point [1.1], above) and the proprietor also continued to identify Kennametal Inc. as opponent in its submissions.[1.5] Instructions were given by Kennametal Inc. [read post]
8 Oct 2013, 8:58 am by Simon Fodden
(I've picked these three from a dozen such examples in a presentation by James Peters, Vice-President of New Market Initiatives for LegalZoom.com, Inc.) [read post]
5 Sep 2013, 8:40 am
Novelty, Inc., 482 F.3d 910, 917 (7th Cir. 2007) ("[T]he very combination of these [unprotectable] elements as well as the expression that is [the work itself] are creative."); Bucklew v. [read post]
27 Jul 2013, 2:32 pm by Sai Vinod
Unlike new and farmer varieties, protection of extant verities need not fulfill the criteria of ‘novelty’ [Sec. 15(1)]. [read post]
11 Jul 2013, 6:24 pm by Matthew David Brozik
It reads, © 2010 Rhode Island Novelty, Inc. [read post]
7 Jul 2013, 11:31 pm by Antoinette Konski
In the reexamination proceeding itself, Appellant CW only challenged the novelty and non-obviousness of the claims. [read post]
1 Jul 2013, 5:43 am by Lorene Park
” Refusing to dismiss the employee’s subsequent discrimination suit, the court found that her minor edit “manifested an intent to preserve her right to file a discrimination claim” (Allen v Chanel, Inc, SDNY June 4, 2013). [read post]
28 Jun 2013, 10:09 am by Don Cruse
The dispute was whether the machines offered “exclusively … noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items. [read post]
16 Jun 2013, 9:36 pm by Jason Rantanen
In Australia the patentability of such materials has recently been confirmed by the Federal Court of Australia in Cancer Voices Australia v Myriad Genetics Inc [2013] FCA 65 (15 February 2013)[3], see Vaughn Barlow, CIPA, March 2013, 122-123. [read post]