SoCal IP Institute MCLE February 11; Hashtag as a Trademarks ; Patent Venue in Texas

For our weekly SoCal IP Institute meeting on Monday, February 11th , 2019, we will discuss the following cases:
In re DePorter (TTAB January 29, 2019 here) Applicant applied for the mark #MAGICNUMBER108 to be used with clothing. The Trademark Office rejected the application arguing the mark failed to function as a trademark. The TTAB affirmed the refusal to register. […]

By |February 11th, 2019|Uncategorized|0 Comments

SoCal IP Institute MCLE February 4; Experimental Use; Patent Term Adjustment

For our weekly SoCal IP Institute meeting on Monday, February 4th , 2019, we will discuss the following cases:
Barry v. Medtronic, Inc (CAFC January 24, 2019 here) Dr. Mark Barry filed and owned two patents (7,670,358 and 8,361,121) related to scoliosis surgery. He sued Medtronic at the district court level, and a jury found several claims infringed. Medtronic […]

By |January 31st, 2019|Uncategorized|0 Comments

SoCal IP Institute MCLE January 28; Supreme Court weighs in on Secret Sale Doctrine ; Financial Service Trademarks

For our weekly SoCal IP Institute meeting on Monday, January 28, 2018, we will discuss the following cases:
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc (U.S. January 22, 2019 here) Helsinn developed a treatment for nausea and applied for a patent on it. However, during development of the drug, Helsinn entered into two agreements with other […]

By |January 24th, 2019|Uncategorized|0 Comments

SoCal IP Institute MCLE January 7; Willie Nelson Memes; 101 Rejections

For our weekly SoCal IP Institute meeting on Monday, January 7, 2018, we will discuss the following cases:
Philpot v. Alternet Media (N.D. Cal November 30, 2018 here) Defendant posted a picture of Willie Nelson with text on a Facebook page. Plaintiff photographer sued defendant for Copyright Infringement. Defendant motioned to dismiss for failure to state a […]

By |January 3rd, 2019|Uncategorized|0 Comments

SoCal IP Institute MCLE December 17; Trouble with the ITC ; Doctrine of First Sale

For our weekly SoCal IP Institute meeting on Monday, December 17, 2018, we will discuss the following cases:

Laerdal Medical Corp. v. ITC (CAFC December 7th, 2018 here). Laerdal appealed from a U.S. International Trade Commission’s final determination denying Laerdal relief based on claims of trade dress infringement against defaulting respondents. The ITC investigated the defaulting parties, but […]

By |December 12th, 2018|Uncategorized|0 Comments

SoCal IP Institute MCLE December 10; California Royalties and Preemption; Personal Jurisdiction in Patent Cases

For our weekly SoCal IP Institute meeting on Monday, December 10, 2018, we will discuss the following cases:

Close v. Sotheby’s, Inc (9th Circuit December 3, 2018 available here). In a previous litigation, the court held plaintiff’s claim for resale royalties under the CRRA were expressly preempted by the 1976 Copyright Act, and affirmed the dismissal of claims involving […]

By |December 6th, 2018|Uncategorized|0 Comments

SoCal IP Institute MCLE December 3; Res Judicata and the ITC; Famous Surnames as Trademarks

For our weekly SoCal IP Institute meeting on Monday, December 3, 2018, we will discuss the following cases:

DBN Holdings v. International Trade Commission (CAFC November 27, 2018 available here). DBN Holding, Inc. and BDN LLC appealed a decision from the International Trade Commission, which denied a petition to rescind or modify a civil penalty order. […]

By |November 29th, 2018|Uncategorized|0 Comments

SoCal IP Institute MCLE November 25; 101 and software; Trademark and Advertising Expenditures

For our weekly SoCal IP Institute meeting on Monday, November 25, 2018, we will discuss the following cases:

Ancora Technologies, Inc. v. HTC America (TTAB November 16, 2018 available here). Ancora sued HTC on a patent related to limiting a computer’s ability to run unauthorized software. The district court ruled the patent was ineligible under 101, […]

By |November 8th, 2018|Uncategorized|0 Comments

SoCal IP Institute MCLE October 29; DNA Primer Patents; Attorneys Fees in Patent Cases

For our weekly SoCal IP Institute meeting on Monday, October 29, 2018, we will discuss the following cases:

Roche Molecular v. Cepheid (CAFC October 9, 2018 available here).  Roche held patent 5,643,723 entitled “Detection of a Genetic Locus Encoding Resistance to Rifampin in Microbacterial Cultures and in Clinical Specimens.” The district court, found the patent was directed to […]

By |October 24th, 2018|Uncategorized|0 Comments

SoCal IP Institute MCLE October 22; Drug Dosages; Improper Use of ®

For our weekly SoCal IP Institute meeting on Monday, October 22, 2018, we will discuss the following cases:

Yeda Research v. Mylan Pharm (CAFC October 12, 2018 available here). Yeda was assigned 3 patents relating to the treatment of multiple sclerosis using the drug Copaxone. (‘250, ‘413, and ‘302). The patents were all invalidated during an […]

By |October 18th, 2018|Uncategorized|0 Comments