Two Common Trademark Issues When counseling clients wanting to register trademarks, we evaluate the likelihood an application for registration of the mark will succeed and counsel the client accordingly. One of the issues that often arises in our analysis occurs when a mark is to be used in one way but, while there is no [...]
Remedies for Patent, Trademark, and Copyright Infringement Patent The remedy statute for patent infringement states, “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest [...]
Please join us on Monday, March 13, 2023 at Noon , where we will discuss two CAFC decision for Patents: one re: Written Description requirements and the other re: Patentable Subject Matter under Section 101. For CAFC Written Description requirements, please see: University of Minnesota v. Gilead Sciences at 21-2168.OPINION.3-6-2023_2090143. For CAFC re: Patentable Subject [...]
Please join us Monday, March 6, 2023 where we will discuss Rx patent monopoly issues and Lizzo's TM win. Specific case discussions will include: AbbVie Rx Patent Monopoly Strategy Against Biosimilars - AbbVie makes Humera for arthritis and extended its monopoly for 7 years past the 2016 expiration date of its basic patent on the [...]
SoCal IP Law Institute MCLE meeting of February 27, 2023 - Emerging IP issues in Artificial Intelligence Please join us Monday, February 27, 2023 where we will discuss emerging IP issues related to artificial intelligence. Specific case discussions will include: Zarya of the Dawn copyright registration cancellation Thaler v. Vidal (AI inventor case) Andersen et [...]
Judges won't readily dismiss a lawsuit. Usually, they will give the plaintiff several chances to correct flaws in a complaint before dismissing with prejudice. It's especially rare to see a judge dismiss a patent suit with prejudice because the infringement allegation is so weak that the patentee has no chance of success. These rare cases [...]
Elimination of Bias: Is it Possible? an Inherent Bias MCLE This week, the SoCal IP Institute will watch and discuss a video from the State Bar of California related to the elimination of bias, and in particular implicit bias, in the workplace. All are welcome to join in the video and discussion.
Happy New Year! Welcome to 2023. As we start the third decade of SoCal IP Law Group, we have some court decisions on fairly fundamental issues of patent law and procedure. In Plastipak v Premium Waters, the Federal Circuit (J Stark) vacated and remanded on whether the plaintiff had sufficient rights to sue for infringement. [...]
SoCal IP Law Institute MCLE meeting of December 12, 2022 - Two New Patent Venue Cases Please join us on Monday, December 12, 2022, at 12:00 p.m. where we will discuss a pair of venue decisions bearing on patent practice: In re Monolithic Power Sys., 50 F.4th 157 (Fed. Cir. 2022) (here) – Monolithic sought [...]
App Store Context and Epic Games' Plan for a Coup By every measure, the iPhone was a groundbreaking success from introduction. Despite the introduction being held together by shoestrings and duct tape, it turns out every human on earth wanted a handheld computer in their palm. Initially, the iPhone offered no ability to run any [...]