Ethical Duties in the IP Attorney-Client Relationship (ethics credit) March 29, 2021

Ethical Duties in the IP Attorney-Client Relationship A raft of ethical issues arise from the process of interacting with prospective clients, engaging new clients, working with clients, and disengaging. In our weekly SoCal IP Institute meeting on Monday, March 29, 2021 we'll discuss the interplay between the California Rules of Professional Conduct for Attorneys (the [...]

Interaction of Dismissal with Prejudice and Subsequent Patent Infringement + Amazon IP Enforcement

Issue Preclusion, Claim Preclusion, and Expansion of the Kessler Doctrine Dismissal with prejudice generally gives rise to the application of two doctrines, issue preclusion and claim preclusion. Issue preclusion prevents a party from raising an issue that was or could have been brought in a previous lawsuit. So, a party who sues another party may [...]

Recent Case Law Arising from Breach of a Trademark License – Monday, March 15, 2021 at 1pm PST

Recent Caselaw Arising from Breach of a Trademark License Marina L. Lang, Partner at SoCal IP Law Group LLP, will be giving a live, online presentation at the SoCal IP Institute meeting on Monday, March 15, 2021 at 1pm PST. Participating in this activity is approved for 1 hour of MCLE credit. All are welcome. [...]

New Trademark and Copyright Decisions – Monday, March 8, 2021

New Trademark and Copyright Decisions: TTAB Rejects Express Abandonment of Application “Without Prejudice” After Adverse Final Decision Ninth Circuit Decision Takes Surprising Turn in Considering Copyright Damages Against Defendants with Joint and Several Liability In re Information Builders, Inc., Serial No. 87,753,964 (Feb. 25, 2021) (TTAB) [precedential], available here. When can an application be abandoned [...]

By |2021-03-07T12:17:57-08:00March 6th, 2021|Trademark, TTAB, Likelihood of Confusion, Deceptive|0 Comments

Beginnings of a Federal Court Litigation – Monday, March 1, 2021

All are invited to attend our weekly SoCal IP Institute meeting on Monday, March 1, 2021 a 1:00 pm Pacific.  Due to the Covid-19 situation the meeting will be conducted online via video conference. This activity is approved for 1 hour of MCLE credit.  If you will be joining us, please RSVP to Elisha Manzur [...]

By |2021-02-27T13:48:23-08:00February 27th, 2021|Trademark, TTAB, Likelihood of Confusion, Deceptive|0 Comments

Trademark Deceptiveness and Confusion – SoCal IP Institute – Monday, February 22, 2021

Recent Trademark Rulings on Trademark Deceptiveness and Confusion All are invited to attend our weekly SoCal IP Institute meeting on Monday, February 22, 2021 a 1:00 pm Pacific.  Due to the Covid-19 situation the meeting will be conducted online via video conference. This activity is approved for 1 hour of MCLE credit.  If you will [...]

By |2021-02-20T14:50:12-08:00February 20th, 2021|Trademark, TTAB, Likelihood of Confusion, Deceptive|0 Comments

SoCal IP Institute meeting – Monday, February 8, 2021

For our weekly SoCal IP Institute meeting on Monday, February 8, 2021 we will discuss the following In re Mohapatra (CAFC, Feb. 5, 2021) (Opinion here) (Patent App Pub here) Federal Circuit finds claims are directed to the abstract idea. Mohapatra’s innovation was to create a more dynamic security code than the 3-4 digit code [...]

Patent Eligibility for Mechanical Method and SMART KEYBOARD Mark for “Keyboards”

Eligibility of Mechanical Method for Patent and SMART KEYBOARD Mark for "Keyboards" Our weekly SoCal IP Institute meeting on Monday, February 1, 2021 will be a discussion of a Federal Circuit case finding mechanical subject matter ineligible for patent and a TTAB refusal to register a mark to the supplemental register: In American Axle & [...]

By |2021-01-27T17:15:15-08:00January 27th, 2021|Patent, Trademark|0 Comments

SoCal IP Institute Weekly Meeting – 01-25-21

For our weekly SoCal IP Institute meeting on Monday, January 25, 2021 we will discuss the following DOJ decision (1/15/21) not to alter existing ASCAP/BMI consent decree structure (Decision here) PROs vs Publishers explained here In the final days of the Trump administration, the Dept. of Justice ended its ASCAP/BMI consent decree review without taking [...]

By |2021-01-25T10:55:55-08:00January 21st, 2021|Copyright, Patent, Performance, Reissue, ASCAP|0 Comments

An IPR Appellate Plaintiff Must have Standing to Appeal and What Makes for an Adequate Pre-Suit Infringement Investigation

Standing to appeal an IPR is deprived by an agreement of non-infringement Who is entitled to appeal an IPR decision? That is a recurring question in IPR jurisprudence. This still relatively-new process created by the American Invents Act has been found by the U.S. Patent and Trademark Office to allow "[a] person who is not [...]

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