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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]
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]
6 Apr 2020, 7:01 am by Barry Barnett
Article III standing test required more than risk of misdiagnosis or mistreatment from errors in healthcare software. http://media.ca1.uscourts.gov/pdf.opinions/19-1429P-01A.pdf Mortgage holder could collect 24 percent default interest. http://ca2.uscourts.gov/decisions/isysquery/5378c71a-e4ff-4498-afd3-2abcb48ab297/1/doc/17-2903_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5378c71a-e4ff-4498-afd3-2abcb48ab297/1/hilite/ Providing business card with fax number consents to… [read post]
6 Apr 2020, 7:01 am by Barry Barnett
Article III standing test required more than risk of misdiagnosis or mistreatment from errors in healthcare software. http://media.ca1.uscourts.gov/pdf.opinions/19-1429P-01A.pdf Mortgage holder could collect 24 percent default interest. http://ca2.uscourts.gov/decisions/isysquery/5378c71a-e4ff-4498-afd3-2abcb48ab297/1/doc/17-2903_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5378c71a-e4ff-4498-afd3-2abcb48ab297/1/hilite/ Providing business card with fax number consents to… [read post]
4 Apr 2020, 8:27 pm by Patent Docs
In this presentation, MBHB attorney and Patent Docs contributor Joshua R. [read post]
23 Mar 2020, 4:09 am by Barry Barnett
id=303310 Loss before and loss after remand didn’t mandate judge change. http://ca2.uscourts.gov/decisions/isysquery/60872240-06e7-48cc-b5f7-4d2c67b85598/3/doc/18-3639_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/60872240-06e7-48cc-b5f7-4d2c67b85598/3/hilite/ Note for readers Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. [read post]
23 Mar 2020, 4:09 am by Barry Barnett
id=303310 Loss before and loss after remand didn’t mandate judge change. http://ca2.uscourts.gov/decisions/isysquery/60872240-06e7-48cc-b5f7-4d2c67b85598/3/doc/18-3639_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/60872240-06e7-48cc-b5f7-4d2c67b85598/3/hilite/ Note for readers Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. [read post]
20 Mar 2020, 6:00 am by Terry Hart
The US Patent and Trademark Office also set up a page collecting USPTO Notices Regarding COVID-19. [read post]
2 Mar 2020, 4:39 am by Barry Barnett
Duh. http://media.ca1.uscourts.gov/pdf.opinions/19-1658P-01A.pdf Permanent resident alien doesn’t count as U.S. citizen for diversity jurisdiction purposes. http://ca2.uscourts.gov/decisions/isysquery/18dd9ed9-fbd5-45a4-bc02-56205ac0ac3c/1/doc/18-3189_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/18dd9ed9-fbd5-45a4-bc02-56205ac0ac3c/1/hilite/ No Obligation Clause in confidentiality agreement set condition precedent that emails expressing agreement to buy/sell oil and gas… [read post]
2 Mar 2020, 4:39 am by Barry Barnett
Duh. http://media.ca1.uscourts.gov/pdf.opinions/19-1658P-01A.pdf Permanent resident alien doesn’t count as U.S. citizen for diversity jurisdiction purposes. http://ca2.uscourts.gov/decisions/isysquery/18dd9ed9-fbd5-45a4-bc02-56205ac0ac3c/1/doc/18-3189_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/18dd9ed9-fbd5-45a4-bc02-56205ac0ac3c/1/hilite/ No Obligation Clause in confidentiality agreement set condition precedent that emails expressing agreement to buy/sell oil and gas… [read post]