SoCalIP Law Institute Weekly Meeting – August 8, 2022 – 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 [...]

Less Whack in Waco; Echos of 2015

Summer time and the living is easy, so I’m a bit delayed in this week’s post. Apologies. In this week’s post, I highlight shifts in the patent litigation environment in Texas. The Eastern District of Texas, especially Marshall and Tyler, used to be the top venue choice for patent owners who wanted a fast path [...]

Coca-Cola Loses Bid to Protect Marks Not Used in U.S.; Letter of Protest Practice Tips

On Monday, July 25, 2022, Chris Kopitzke will lead the discussion about a recent Federal Circuit decision rejecting Coca-Cola’s attempt to cancel a competing distributor’s U.S. trademark registrations for two marks used and registered by Coca-Cola outside the U.S. She will also explain the requirements and offer practice tips for filing a timely and successful [...]

By |2022-07-22T15:41:55-07:00July 22nd, 2022|Personal Jurisdiction|0 Comments

Service of Process by Mail Abroad

Service of process abroad was always presented to me as a difficult issue. And, it can be. The most recent, and important, discussion that bears on that process may be found in Water Splash, Inc. v. Menon, 2017 U.s. LEXIS 3212, Case No. 16-254 (2017) which resolved a circuit split regarding whether service by mail was [...]

By |2022-07-18T09:05:46-07:00July 18th, 2022|Personal Jurisdiction|0 Comments

SoCal IP Law Institute MCLE meeting June 20, 2022 – Two CAFC patent cases

Please join us on Monday, June 20, 2022 at 12:00 pm, where we will discuss two recent patent rulings of the Court of Appeals for the Federal Circuit.   University of Massachusetts v. L’Oréal S.A., No. 21-1969 (Fed. Cir. 2022) This case is an appeal from the United States District Court for the District of [...]

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

Lawsuits are spiking on the issue of whether non-fungible tokens (“NFTs”) qualify as “real” goods for the purpose of trademark protection – May 16, 2022

Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset.  Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L. Lang will lead a discussion on defining the nature of these novel digital assets and discuss the growing litigation over whether these assets [...]

Federal Circuit – Our Views of the Bench

Who are the people in your neighborhood? Our neighborhood includes the Court of Appeals for the Federal Circuit. The CAFC currently has 19 sitting judges. Here's a list of the judges with links to their bios. The judges have diverse and interesting backgrounds. The bench includes a Chief Judge. Ever wonder how the chief judge [...]

By |2022-05-06T09:38:37-07:00May 5th, 2022|Uncategorized|0 Comments

Typeface and Font IP Protection – April 18, 2022

Typefaces - the actual shapes of a group of letters - and fonts - the software used to create a particular typeface - are both protectable under U.S. intellectual property laws. Design Patents in Typefaces The Manual of Patent Examining Procedure (the "MPEP") is remarkably terse regarding typefaces (called Type Fonts just to add to [...]

By |2022-05-06T09:36:52-07:00April 18th, 2022|Copyright|0 Comments

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
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