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IP NEWS

Divided PTAB Invalidates RFID Claim It Previously Upheld
A Patent Trial and Appeal Board panel has invalidated part of an AmaTech Group Ltd. smart card patent on rehearing, finding fault in their earlier [...]
6th Circ. Says Software Coder's Lack Of Expert Sank IP Suit
A panel of the Sixth Circuit has refused to revive an industrial control system designer's claims that a former business partner infringed his and his [...]
Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism
The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a [...]
CAFC Affirms District Court Dismissal of Pro Se Inventor’s Procedural and Patent Claims
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday affirmed a number of district court orders against inventor Urvashi Bhagat, whose patent [...]
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Civil Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate [...]
Film Plagiarism Claims May Foreshadow AI Copyright Issues
The contentious plagiarism dispute over the Oscar-nominated screenplay for "The Holdovers" may portend the challenges screenwriters will face when attempting to prove copyright infringement against [...]
MLS Resolves Copyright Suit Over Use Of San Diego Mural
Major League Soccer has reached an undisclosed settlement with a company that accused the league's newest soccer club in San Diego of using one of [...]
Patent Filings Roundup: Financed IP Edge Patents Back From the Dead; Toyota Challenges InfoGation Patents at PTAB
In a nod to Mark Twain’s famous quote, the rumors of the death of IP Edge are greatly exaggerated. It appears the prolific NPE aggregator [...]
Michael Best is Seeking an IP Associate or Patent Agent (Organic Chemistry)
Michael Best & Friedrich LLP is seeking a Junior to Midlevel Associate or Patent Agent to join the Life Sciences subgroup of the Intellectual Property [...]
Dell Unit Snags $4M In Atty Fees In Computer Module IP Spat
A Massachusetts federal judge has awarded a little over $4 million in attorney fees to Dell Inc. unit EMC Corp. following its win in decadelong [...]
Microsoft Notches Fed. Circ. Win In 3D Imaging Patent Fight
The Federal Circuit on Wednesday backed a ruling from an administrative tribunal that wiped out most of a patent issued to a Florida radiologist and [...]
Winning Foreign Patent Damages Just Became A Lighter Lift
The Federal Circuit has clarified that patent owners can ask for reasonable royalties when pursuing damages for foreign infringement and expanded what constitutes eligible infringement [...]
Fed. Circ. Wrestles With Crocs' 'Patented' Claim In False Ad Suit
Efforts by footwear brand Crocs to fight allegations that its use of the word "patented" broke false advertising laws drew confusion from a Federal Circuit [...]
Fed. Circ. Gets Lost In Intricacies Of Standing In Patent Law
The Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for [...]
VLSI's Bid To Undo Intel Patent Win Scrutinized On Appeal
A Federal Circuit panel on Wednesday questioned VLSI's position that the Patent Trial and Appeal Board wrongly found claims of its computer memory patent invalid [...]
Hytera's Word Alone Won't Lift $1M-Per-Day Sanctions
An Illinois federal judge on Wednesday refused to lift a $1 million-a-day fine and other contempt sanctions against Hytera Communications without more proof it was [...]
EUIPO Refers First Questions on EUTMR Interpretation to Grand Board
The European Union Intellectual Property Office (EUIPO) announced today that it has for the first time referred questions of legal interpretation of the EU Trade [...]
Models Get $95K Default Win In Strip Club Piracy Suit
A Washington federal judge ordered a Seattle strip club to pay a group of professional models $95,000 in damages on Wednesday, after finding it had [...]
Durbin Urged To Pass Legislation To Curb 'Judge Shopping'
A coalition of more than 20 organizations have called on Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, to curtail the use of [...]
4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand [...]
TikTok Defeats Video Tech Patent Suit Over 'For You' Feature
TikTok Inc. permanently defeated video technology developer 10Tales' infringement suit alleging the video-sharing giant's "For You" feature copied its invention covering a digital "recommendation system" [...]
Reba McEntire's Ex-Hubby Loses Bid To Cancel Farm Name TM
The ex-husband of country star Reba McEntire has lost a bid to cancel the trademark "Starstruck Farm" after the man who bought the property kept [...]
An Independent Musician’s Perspective on the TikTok Legislation Before Congress
There are many loud voices making a lot of noise about TikTok right now, and as someone who makes “noise” for a living, I thought [...]
The Tricky Implications Of New Calif. Noncompete Laws
Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, [...]

U.S. Supreme Court Overturns USPTO Trade Mark Refusal Against Booking.com

Booking.com is an Amsterdam based digital travel company that provides online hotel and travel reservation services. It also maintains the same domain name for its website. About a decade ago, Booking.com filed trademark applications for four marks, each with distinct designs but all containing the term “Booking.com”. Unfortunately, the USPTO Examination Attorney refused the applications […]

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European Union (EU) Individuals and California Residents Privacy Policy

A privacy policy is a form of disclosure as to how companies and establishments collect and use their clients’ personal information. This spans from the basics such as a person’s name, age, and contact details, to more complicated details like financial records, travel and medical histories, and other sensitive information. Each country has a different […]

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Author’s Copyright Protection

The author/s of a work is the first owner of copyright in that work. The rule originated in the Statute of Anne (Copyright Act 1710 passed by the Parliament of Great Britain) and is reflected today in s35 of the Copyright Act 1968(Cth). Exceptions to the rule apply in respect of works produced by employee […]

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ACCC Putting Foot Down, Demanding Transparency and Accountability from APRA

There are many copyright users who wish to make use of copyright works under a statutory licence or a voluntary licence scheme. These types of licence are administered by collecting societies who collect licence fees from copyright users. Collecting societies act as “one stop shops” for the licensing of various types of copyright works and […]

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New Privacy Law Regime – $10 million in Penalties

The Federal Government has announced important changes to the Privacy Act 1988 (Cth). These include supplemental powers for the Office of the Australian Information Commissioner (OAIC) and stringent financial penalties for the misuse of personal information. The Privacy Act needed a more current regime in response to the surge of online companies dealing with personal […]

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Google Loses Appeal as French Courts Uphold a Monster Fine of 50 Million Euros!

France’s Highest Administrative Court (“Conseil d’Etat”) seals with finality the fines imposed by the French Data Protection Authority (the “CNIL”). The CNIL sought to fine Google LLC (“Google”) under the EU General Data Protection Regulation (the “GDPR”). In May of 2018, the non-profit associations None Of Your Business (NOYB) of Austria and La Quadrature du […]

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Your Legals for Opening a Clothing Store!

Opening a business, and starting your own clothing line, is definitely exciting but it is also hard work. Conceptualising your store, planning your product line and coming up with a business plan is not even half the work. You also need to consider your legals! Choosing a business structure There are various business structures available […]

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5 IP Protection Mantras Every Business Should Follow

Intellectual property (IP) is a very important part of a business’ framework. It’s made up of all the ideas and information that build your business, making it a very valuable asset. Like other valuables, you should be protecting your business’ IP. Here are 5 ways you can do it: 1. Audit your trade marks Branding […]

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2019 Mandatory Wording for Warranties against Defects when supplying Services

Consumer Guarantees under the ACL A business may choose to offer a warranty against defects which is in addition to the automatic consumer guarantee rights under the Australian Consumer Law (ACL). The ACL is a national law which promotes fair trading and the provision of consumer protection. The Productivity Commission recommended that Australian governments should […]

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The Difference Between a Warranty and Indemnity

Warranties and indemnities are both forms of contractual protection that minimize a buyer’s exposure to risks of loss or damage. They are a means of allocating risk between vendors and buyers. In a sale and purchase transaction, the buyer may seek protection through warranties and indemnities while the vendor may try to protect its position […]

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