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 [...]
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 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: 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 [...]
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 [...]
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 [...]
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 [...]
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 & [...]
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 [...]
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 [...]
