The Impact of Regulation and Broadband Investment
Several sponsored researchers have floated the notion that network neutrality and Title II common carrier regulation constitute the major reason why U.S. broadband carriers apparently have...
View ArticleDo implicit falsity plaintiffs have to plead the existence of a survey?
Vincent v. Utah Plastic Surgery Society, --- Fed.Appx. ----, 2015 WL 5090868, No. 13–4146 (10th Cir. Aug. 31, 2015) Plaintiffs (cosmetic surgeons) sued defendants (plastic surgeons) for false...
View ArticleDefendant Granted Leave to Assert Claim Under Florida “Patent Troll...
The court granted defendant's motion to amend its pleadings to add a claim under Florida's recently-enacted Patent Troll Prevention Act and rejected plaintiff's arguments regarding delay, harassment,...
View ArticleReminder: TTABlog Road Trip: 2015 Midwest IP Institute - Minneapolis,...
Yours truly, the TTABlogger, will be back on the road in September, heading the Blogmobile west and north to Minneapolis for the 2015 Midwest Intellectual Property Institute on September 17 and 18,...
View ArticleIn the global race for Electric Vehicle innovation, America tops Japan for...
When looking specifically at patents that specifically mention “electric vehicles,” it looks as though there are reasons to feel good about America’s place in the world. Both Ford and General Motors...
View Article"INDICES" Not Deceptively Misdescriptive of Healthcare Data...
The Board reversed a Section 2(e)(1) refusal to register the mark INDICES, finding it not deceptively misdescriptive of "business analysis services in the field of healthcare data, namely, the...
View ArticleCrash Patents
I finally took time to watch Crash Course's Part 4 on "Patents, Novelty, and Trolls" (previously I mentioned the series starter, and episode 3 on copyright). As the name implies, this episode attempts...
View ArticleBlue Origin seeks/obtains cancellation of claims 1-13 in IPR2014-01376...
From Paper 12 in IPR2014-01376 :A patent owner may request judgment against itself “at any time during a proceeding” upon cancellation of the particular claims at issue such that there is “no remaining...
View ArticleTrademark Slogans – Swatch Registers ‘One More Thing’ Trademark
Trademark slogans are important as they help distinguish a brand by emphasising what the business does or aims to do. By adding a tagline to a logo or name it is possible to encapsulate what the brand...
View ArticleUSPTO Proposes a Pilot Program to Allow a Single APJ to Institute an Inter...
The United States Patent and Trademark Office (“USPTO”) has published a request for comments in the Federal Register for a proposed pilot program which would allow for a single Administrative Patent...
View Article.SEX Top Level Domains Now Available – But Why?
On October 5, 2015, ICANN opens the door for trademark owners to register their marks in connection with the new .SEX top-level domain. This is called a “sunrise” period and permits domain name...
View ArticlePersonal Jurisdiction: D. Kansas
Plaintiff terminates Asian distributor. Asian distributor allegedly hires Texas defendant to manufacture counterfeits. No general or specific jurisdiction over Texas manufacturer in Kansas. BG...
View ArticleTM/right of publicity mismatch claims another video game victim
Virag, SRL v. Sony Computer Entertainment America LLC, No. 3:15-cv-01729 (N.D. Cal. Aug. 21, 2015) In yet another demonstration of the ridiculous mismatch between right of publicity law and trademark...
View ArticleYes, you're getting a new trial on damages. No, that's it. Stay,...
Smartflash LLC v.Apple, 6:13cv447 (September 2, 2015) (Gilstrap, J.). Judge Gilstrap held a jury trial in Tyler in this case in February of this year. The jury found that the asserted claims were not...
View ArticleFinal Judgment in Core v. Apple - Apple Awarded $736,595.54 in Court Costs...
As I posted back in March, a Tyler jury in Judge Gilstrap's court returned a verdict in favor of Defendant Apple in Core Wirless Licensing v. Apple, 6:12cv100, finding none of the asserted claims...
View ArticleL-1B Denials on the Decline: A new dawn of reasonableness?
By John J. Gallini & Grant W. Godfrey On August 28, 2015, the U.S. Citizenship & Immigration Services (“USCIS”) released its performance data related to the adjudication of L-1B “specialty...
View ArticleWorld Intellectual Property Indicators 2014: Design Patent Highlights
In 2013, 647,300 industrial design registrations were filed – a 6.4% drop from 2012. The decline in global registrations stems primarily from the slow-down of Chinese manufacturing, which produced 12%...
View ArticleWorld Intellectual Property Indicators 2014: Design Patent Highlights
In 2013, 647,300 industrial design registrations were filed – a 6.4% drop from 2012. The decline in global registrations stems primarily from the slow-down of Chinese manufacturing, which produced 12%...
View ArticleUnion says Verizon spends $3.50 per year maintaining each landline
A union representing Verizon workers has called for investigations into whether the company is allowing its copper phone and DSL networks to deteriorate. The Communications Workers of America (CWA)...
View ArticleInevitable Disclosure Doctrine Held Inapplicable To Failed Business Transaction
An Illinois appellate court recently rejected applying the inevitable disclosure doctrine in a trade secret misappropriation spat arising out of a failed business transaction. After first securing an...
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