CAFC regarding written description and section 101

Please join us on Monday, March 13, 2023 at Noon , where we will discuss two CAFC decision for Patents: one re: Written Description requirements and the other re: Patentable Subject Matter under Section 101. For CAFC Written Description requirements, please see: University of Minnesota v. Gilead Sciences at 21-2168.OPINION.3-6-2023_2090143. For CAFC re: Patentable Subject [...]

Inherency of Negative Claim terms and Trade Dress in the 5th Circuit

Please join us on Monday, August 8, 2022 at 12:00 pm, where we will discuss the following: Novartis Pharm. Corp. v. Accord Healthcare, Inc., 38 F.4th 1013 (Fed. Cir. 2022) (rehearing decision here) - Novartis prevailed in the 5th Circuit on the validity of its claims under the Written Description Requirement based on a negative [...]

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 CAFC Clarifies Analysis of Intrinsic Evidence on Indefiniteness, Affirms PTAB’s Denial of Sanctions, please see: ClearOne v Shure. For [...]

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

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 [...]

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. [...]

SoCal IP MCLE meeting May 10, 2021

Our weekly SoCal IP Institute meeting on Monday, May 10, 2021 will be a discussion of two Federal Circuit cases: Functional Claim “Raises the Bar for Enablement” In Amgen v. Sanofi and Regeneron (Fed. Cir. 2021) (available - Amgen case) the CAFC provided another anti-functional-limitation decision — this time rendering Amgen’s monoclonal antibody claims invalid.  [...]

SoCal IP Institute :: August 22, 2016 :: Willful copyright infringement and the Written Description Requirement for Patent Claims

For our weekly SoCal IP Institute meeting on Monday, August 22, 2016, we will discuss the following: Friedman v. Live Nation Merchandise (9th Cir. August 18, 2016) (available here). Plaintiff Glen Friedman is a photographer who took pictures of the hip hop band Run-DMC during the 1980s. Live Nation is a music merchandising company and is involved in [...]

By |2016-08-19T11:19:14-07:00August 19th, 2016|Copyright, Infringement, Patent, Written Description|0 Comments

SoCal IP Institute :: October 28, 2013 :: Patent Infringement and Trade Secret Cases

Our weekly SoCal IP Institute meeting on Monday, October 28, 2013 will be a discussion of trademark infringement and copyrights in space. Brief synopses appear below. Ibormeith IP, LLC v. Mercedes-Benz, Case No. 2013-1007 (Fed. Cir. 10/22/2013) (available here). Plaintiff Ibormeith held a patent which aided in alerting drivers when they were becoming sleepy at the wheel. [...]

By |2013-10-25T21:55:11-07:00October 25th, 2013|Patent, Trademark, Written Description|0 Comments

SoCal IP Institute :: Sept. 9, 2013 :: “Trademark Bully” Facebook Prevails & Craigslist gets no Peace with the TTAB

Our weekly SoCal IP Institute meeting on Monday, September 9, 2013 will be a discussion of two recent TTAB decisions. In Facebook Inc. v. Think Computer Corporation (TTAB July 23, 2013)  (available here), FACEBOOK prevailed in opposing Applicant's mark FACEMAIL, a provider of emails and instant messaging services on the grounds of confusion and dilution.   Applicant [...]

By |2013-08-26T20:37:27-07:00August 26th, 2013|Patent, Trademark, TTAB, Written Description, Concurrent Use|0 Comments
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