Lawsuits are spiking on the issue of whether non-fungible tokens (“NFTs”) qualify as “real” goods for the purpose of trademark protection – May 16, 2022

Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset.  Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L. Lang will lead a discussion on defining the nature of these novel digital assets and discuss the growing litigation over whether these assets [...]

Federal Circuit – Our Views of the Bench

Who are the people in your neighborhood? Our neighborhood includes the Court of Appeals for the Federal Circuit. The CAFC currently has 19 sitting judges. Here's a list of the judges with links to their bios. The judges have diverse and interesting backgrounds. The bench includes a Chief Judge. Ever wonder how the chief judge [...]

By |2022-05-06T09:38:37-07:00May 5th, 2022|Uncategorized|0 Comments

Typeface and Font IP Protection – April 18, 2022

Typefaces - the actual shapes of a group of letters - and fonts - the software used to create a particular typeface - are both protectable under U.S. intellectual property laws. Design Patents in Typefaces The Manual of Patent Examining Procedure (the "MPEP") is remarkably terse regarding typefaces (called Type Fonts just to add to [...]

By |2022-05-06T09:36:52-07:00April 18th, 2022|Copyright|0 Comments

Supreme Court to Clarify Transformative Use in Andy Warhol Foundation v. Goldsmith; CAFC Muddies Standing Requirements for TTAB Appeals

On Monday, April 11, 2022, Chris Kopitzke will lead a discussion of the issues before the Supreme Court in the long-running copyright infringement case based on Andy Warhol’s “Prince” series of artworks, and about the CAFC’s recent holding that a party lacked Article III standing to challenge the TTAB’s ruling on likelihood of confusion involving [...]

By |2022-04-09T12:46:26-07:00April 9th, 2022|Written Description, indefiniteness, Invalidity|0 Comments

SoCal IP Law Institute MCLE meeting of April 4, 2022 – Discovery in Federal Courts Especially C.D. Cal.

Please join us on Monday, April 4, 2022 at Noon , where we will discuss discovery in the United States District Courts. The presentation will cover suggestions for discovery in federal courts. Attachments include copies of Fed. R. Civ. P. 26, 30, 33, 34 and 37, corresponding local rules from C.D. Cal., and quotations from [...]

SoCal IP Law Institute MCLE meeting of March 28, 2022 – Two Recent Federal Circuit Cases

Please join us on Monday, March 28, 2022 at 12:00 pm, where we will discuss two recent Court of Appeals for the Federal Circuit decisions. Dyfan, LLC v. Target Corp., No. 21-1725 (Fed. Cir. 2022) addresses claim construction to determine whether a patent is invalid.  The evaluation includes consideration of whether patent claims adhere to [...]

SoCal IP Law Institute MCLE meeting of March 21, 2022 – Patent Written Description Requirement and Obviousness Ranges.

Please join us on Monday, March 21, 2022 at 12:00 pm, where we will discuss recent Court of Appeals for the Federal Circuit action regarding Patent Written Description Requirement and Patent Obviousness regarding Ranges and Substitutions. For Written Description Requirement please see: Written Description fm Patently-O, Trees for the Forest fm Patently-O, Four Points fm [...]

By |2022-03-17T22:11:18-07:00March 17th, 2022|Uncategorized, Written Description, Obviousness|0 Comments

Boardside Chats from the PTAB

The USPTO's Patent Trial and Appeal Board (PTAB) handles five kinds of cases: 1. Appeals by patent applicants when an examiner has rejected their application at least twice.2. Appeals by patent owners in reexaminations3. Inter parte reviews (IPRs)4. Post Grant Reviews (PGRs)5. Covered Business Method Patent Reviews (CBMs) In support of the PTAB's public outreach [...]

By |2022-03-17T15:11:50-07:00March 17th, 2022|Uncategorized, Prosecution Appeal, Training|0 Comments

SoCalIP Law Institute Weekly Meeting – March 14, 2022 – Analogous Prior Art & Moderna-NIH Patent conflict

Please join us on Monday, March 14, 2022 at 12:00 pm, where we will discuss the concept of Analogous Prior Art in Obviousness rejections, as well as delve into the issues in the Moderna-NIH conflict over Covid vaccine patent rights. Please see Analogous Prior Art slides here. Please see Moderna-NIH slides here, and patent filing [...]

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