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7 Jan 2013, 5:43 am
Also, Court and Congress have numerous times affirmed that dual protection is a reality of the IP system: design patent and copyright protection may coexist, as may utility patent and copyright (computer programs). [read post]
7 Jan 2013, 5:41 am
At some point, he applied for a warrant to search a home at 145 Pleasant Avenue in Burlington and, in so doing, submitted an affidavit in support of the application that included, in part, the following statements: The crime was reported by a resident of New York. [read post]
6 Jan 2013, 5:02 pm
The husband procured an ex parte judgment for divorce in the state of Florida. [read post]
5 Jan 2013, 10:32 am
After hearing the testimony from the petitioner and his investigators, the Court granted an ex parte application for an order directing the U.S. [read post]
4 Jan 2013, 5:48 am
Professor Kent will be guest-posting about the article, so the Readings post will be brief, but we wanted to flag this interesting and provocative analysis of Ex Parte Quirin. [read post]
4 Jan 2013, 4:40 am
Because Otter provided no evidence of acquired distinctiveness, it could not prevail in this proceeding.The Board noted that a mark on the Supplemental Register may be cited as a basis for refusing registration to another mark under Section 2(d) because, in the ex parte context, the PTO does not and cannot question the validity of a registered mark that is cited against another mark under Section 2(d).In the inter partes context, however, the Otto Roth doctrine… [read post]
3 Jan 2013, 2:21 pm
The appeal of ex parte re-exam 95/000,402 offers guidance to both the requestor and to the patent holder on "what NOT to do." [read post]
3 Jan 2013, 2:15 pm
Will there be interventions that may assist the Court in a case involving an unusual fact situation that that could have far reaching results? [read post]
3 Jan 2013, 2:00 am
This article by Pamela Paul in the New York Times may be of interest to my readers. [read post]
31 Dec 2012, 3:29 pm
By Robert Milligan and Joshua Salinas As part of our annual tradition, here is our list of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2012. [read post]
31 Dec 2012, 3:29 pm
By Robert Milligan and Joshua Salinas As part of our annual tradition, here is our list of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2012. [read post]
31 Dec 2012, 11:04 am
(Apple's Notice of Dec. 21, 2012, Ex. [read post]
28 Dec 2012, 1:57 pm
Courts and the common law are part of the government, and thus equally subject to First Amendment limits, as we discussed here. [read post]
28 Dec 2012, 9:21 am
One option may be to adjust the withheld amount to account for any precipitous decline in traffic. [read post]
28 Dec 2012, 12:29 am
Of course, it is possible that they may yet be further appeals in this case and so the final story may yet to be told. [read post]
27 Dec 2012, 7:42 am
Siemens (Iselin, NJ) lost its appeal in Ex parte Ahmed. [read post]
27 Dec 2012, 7:38 am
Cir. 2004); Ex parte Curry, 84 USPQ2d 1272, 1274 (Bd. [read post]
27 Dec 2012, 7:15 am
Many cases are cited in the Board's affirmance in Ex parte Karr:If a prima facie case of obviousness is established, the burden shifts to the applicant to come forward with arguments and/or evidence to rebut the prima facie case. [read post]
27 Dec 2012, 7:09 am
The Board cited KSR in Ex parte Lim We also agree with the Examiner’s explicit motivation that combining the references would be obvious since all four references are of an “analogous art” of mobile communication terminals having image processing and multiple displays for displaying thumbnail images and other data (Ans. 8-9). [read post]
26 Dec 2012, 5:01 pm
As a rule, the Boards admit amendments when they are filed in response to objections or evidence that are not part of the impugned decision but have been submitted for the first time in the course of the appeal proceedings. [read post]
