Patent – Page 2 – SoCal IP Law Institute

SoCal IP Law Institute MCLE meeting of June 13, 2022 – CAFC re: Intrinsic Evidence on Indefiniteness and Sanctions; and CAFC re: Damages Calculation

Please join us on Monday, June 13, 2022 at 12:00 pm, where we will discuss recent Court of Appeals for the Federal Circuit action regarding Intrinsic Evidence on Indefiniteness and Sanctions; and regarding Damages Calculation For Intrinsic Evidence on Indefiniteness and Sanctions please see: ClearOne v Shure. For Damages Calculation please see: Pavo v. Kingston. [...]

By Angelo Gaz|2022-06-09T19:23:49-07:00March 17th, 2022|Enablement, indefiniteness, Invalidity, Sanctions, Written Description, Attorney's Fees, Damages|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 Steven C. Sereboff|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 [...]

By Guy Cumberbatch|2022-03-10T15:36:24-08:00March 10th, 2022|Patent, Prosecution, Prosecution Appeal, Analogous Art, Conception, Invalidity, Obviousness|0 Comments

Exceptional Cases in Patent and Trademark – February 14, 2022

On Monday, February 14, 2022 (Happy Valentine's Day!), SoCal IP Law Group partner Jonathan Pearce will present on several patent and trademark cases involving "exceptional case" determinations. Our firm has handled a few litigation matters involving potential or actual exceptional cases recently. As a result, we have some experience in these determinations and thought them [...]

By Jonathan Pearce|2022-02-12T08:45:44-08:00February 12th, 2022|Patent, Trademark, Attorney's Fees|0 Comments

An Overview of Generic Marks – If a Mark was Deemed Descriptive Ten Years ago, is it Generic Now?

On Monday, February 7, 2022 at 1:00 pm, Marina Lang will present on recent caselaw dealing with Generic trademarks. Eleven years into a dispute, a federal court ruled that the "Pretzel Crisps" brand is a generic. See the opinion. Ms. Lang will discuss the "not so simple" legal standard that is required for a [...]

By SoCal IP|2022-02-06T18:49:15-08:00February 6th, 2022|Copyright, Patent, Trademark|0 Comments

Recent Patent Decisions

On Monday, January 31, 2022 at 1:00 pm, we will discuss the following cases. The first, from the Supreme Court, Minerva Surgical, Inc. v. Hologic, Inc., 141 S. Ct. 2298 (2021) (Justice Kagan), revisits the assignor estoppel doctrine. “That doctrine, rooted in an idea of fair dealing, limits an inventor’s ability to assign a patent to [...]

By SoCal IP|2022-01-28T17:19:25-08:00January 28th, 2022|Copyright, Patent, Trademark|0 Comments

VGBA 2020-2021 IP Year in Review

On Monday, January 10, 2022 at 1:00 pm, Jonathan Pearce will re-present a recent presentation to the Video Game Bar Association made by himself and fellow practitioner Allison Rothman. Mr. Pearce and Ms. Rothman previously made this presentation during the VGBA's annual summit to provide its members with an update on the state of intellectual property [...]

By Jonathan Pearce|2022-01-10T14:48:22-08:00January 10th, 2022|Patent, Trademark, Copyright|0 Comments

USPTO Crackdown on Trademark Scammers Amazon Crackdown on Counterfeiters

Please join us 9/27/2021 at 1:00pm for a discussion: United States Patent and Trademark Office Crackdown on Scammers. For years, owners of United States Trademark Registrations have been plagued by scam letters requesting payments to renews trademark registrations. Though trademark registrations must be renewed, these letters did not come from the actual USPTO but a [...]

By SoCal IP|2021-09-23T16:36:36-07:00September 23rd, 2021|Personal Jurisdiction, Trade Dress, Trademark, Unenforceability, Fraud, Infringement, Copyright, Likelihood of Confusion, Fame and Distinctiveness, disparagement, First Sale, Deceptive, Infringement, Licensing, Litigation|0 Comments

Prosecuting Chinese Counterfeiters: New Enforcement Strategies Learned from Fendi v. Yilang at Shanghai Higher People’s Court

The FENDI Decision is out! After 5 long years, the Shanghai High Court issued its final judgement in the case of Fendi v. Yi Lang. Defendant Yi Lang (no relative of this week's presenter, SoCal IP Partner Marina Lang) can no longer operate his "Fendi" stores in China, stocked with parallel goods. We will discuss [...]

By SoCal IP|2021-09-18T22:01:19-07:00September 18th, 2021|Infringement, Copyright, Likelihood of Confusion, Fame and Distinctiveness, disparagement, First Sale, Deceptive, Infringement, Licensing, Litigation, Personal Jurisdiction, Trade Dress, Trademark, Unenforceability, Fraud|0 Comments

Unmarked Vape Pens and No-Name Pianos with Fake Names

This week we have a pair of IP cases about marking. First, a patent case, Lubby Holdings v Chung, where a vape device company should have marked its products with the patent number. Second, a trademark case, Piano Factory v Schiedmayer Celesta, in which a piano vendor marked its cheap pianos with a fancy name. [...]

By Steven C. Sereboff|2021-09-09T18:23:49-07:00September 9th, 2021|Descriptiveness, Uncategorized, Patent, Trademark, TTAB, Damages|0 Comments