Please join us on Monday, September 18, 2023 at Noon , where we will discuss two CAFC decision for Patents: one re: Claim Construction Apple v Corephotonics 22-1350.OPINION.9-11-2023_2188207 and the other regarding Analogous Art Netfix v Divx 22-1138.OPINION.9-11-2023_2188240. Angelo Gaz, of Counsel to SoCalIP, will lead the discussion.
Objective Indicia of Nonobviousness and Restrictive Scope of Patent Reissue Please join us on Monday, September 11, 2023, where we will discuss two recent precedential opinions from the U.S. Court of Appeals for the Federal Circuit in the patent sphere addressing [1] when evidence of objective indicia of nonobviousness is correctly argued and [2] issues [...]
SoCal IP Law Institute MCLE meeting of August 21, 2023 - Shifting Arguments in Inter Partes Review Please join us Monday, August 21, 2023 where we will discuss two recent ruling regarding when a petitioner may raise new arguments during inter partes review. Specific case discussions will include: Axonics, Inc. v. Medtronic, Inc., 2022-1532 (Fed. [...]
Please join us Monday, August 21, 2023 where we will discuss Trademark Marking Notice and TTAB Issues. Specific issues will include: What are the requirements of Trademark Marking Notice and how do they affect damages in a lawsuit? What about Virtual notice? In TTAB cancellation or Opposition Proceedings, what topics are permitted in Reply Briefs? [...]
For many years, the USPTO's Patent Trial and Appeals Board has been viewed as a Star Chamber which ritually invalidates patents. More recent experience suggests that the PTAB is no longer necessarily a place where patents go to die. Two cases from this summer are the topic of this post. In both cases, the PTAB [...]
New Mandatory Bar Ethics Reporting Rules The California Bar has adopted a new Rule of Professional Conduct 8.3 which requires that bar members report ethical breaches of other lawyers about which they are aware. This rule brings California into line with most other jurisdictions which require such reporting. The rule goes into effect on August [...]
Our weekly SoCal IP Institute meeting on Monday, July 17, 2023 will be a discussion of the Digital Services Act, the INFORM Consumers Act and related legislation. The explosive growth of e-commerce marketplaces and social media platforms as essential channels for advertising and selling goods and services has changed the way consumers shop. Brick and [...]
On Monday, July 10, Chris Kopitzke will lead the discussion about a Supreme Court trademark decision concerning a doggie chew toy, along with a copyright case in the Southern District of Florida about dueling artworks featuring bananas and duct tape. In Jack Daniel’s Properties v. VIP Products, No. 22-148 (S. Ct., June 8, 2023), [...]
Please join us for the 24th Annual Supreme Court Review program presented virtually by the ADL and the National Constitution Center on Thursday, July 13, 2023 from 8:45 -11:00 a.m. at SoCal IP Law Group LLP in Westlake Village. We’ll provide coffee and bagels beginning at 8:45 a.m., and the live stream begins at 9:00 [...]
Federal Courts of Appeal Cases on Trade Dress Infringement Jason Scott Collection, Inc. v. Trendily Furniture, LLC, 68 F.4th 1203 (9th Cir. 2023). The court affirmed copyright and trade dress infringement for furniture designs. Citing Wal-Mart Stores v. Samara Bros., 529 U.S. 205, 211–12 (2000), defendant argued that the furniture was not inherently distinctive so [...]