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IPWatchdog.com Articles – IPWatchdog.com | Patents & Patent Law http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Sun, 20 Aug 2017 11:15:25 +0000 en-US hourly 1 https://wordpress.org/?v=4.8.1 Court affirms TTAB refusal to register ‘FIRST TUESDAY’ trademark for NC Lottery http://www.ipwatchdog.com/2017/08/20/court-affirms-refusal-register-first-tuesday-trademark-nc-lottery/id=87017/ http://www.ipwatchdog.com/2017/08/20/court-affirms-refusal-register-first-tuesday-trademark-nc-lottery/id=87017/#respond Sun, 20 Aug 2017 11:15:25 +0000 http://www.ipwatchdog.com/?p=87017 In re N.C. Lottery, Appellant North Carolina Lottery (“N.C. Lottery”) sought to register the mark “FIRST TUESDAY” in connection with lottery services and games to market the introduction of new scratch-off lottery games on the first Tuesday of every month. The Trademark Trial and Appeal Board denied the registration and N.C. Lottery appealed... The Court affirmed the Board’s decision refusing to register FIRST TUESDAY.

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Music Artist will.i.am Cannot Trademark “I Am” http://www.ipwatchdog.com/2017/08/19/will-i-am-cannot-trademark-i-am/id=87000/ http://www.ipwatchdog.com/2017/08/19/will-i-am-cannot-trademark-i-am/id=87000/#respond Sat, 19 Aug 2017 13:15:31 +0000 http://www.ipwatchdog.com/?p=87000 In re i.am.symbolic, llc, William Adams, better known by his stage name “will.i.am”, was refused registration of a Trademark for “I AM” on the ground of a likelihood of confusion with registered marks. The Federal Circuit affirmed the Trademark Trial and Appeal Board... Identical registrations for the same or similar goods may present overwhelming evidence of likelihood of confusion, regardless of other factors supporting registration.

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Viewers stream 7 billion hours of content on Roku http://www.ipwatchdog.com/2017/08/19/viewers-stream-7-billion-hours-content-roku/id=86936/ http://www.ipwatchdog.com/2017/08/19/viewers-stream-7-billion-hours-content-roku/id=86936/#respond Sat, 19 Aug 2017 11:00:15 +0000 http://www.ipwatchdog.com/?p=86936 Roku offers 5,000 streaming channels through its Channel Store and, to help consumers find interesting content more easily, it has developed a channel-targeting technology protected by U.S. Patent No. 8627388 titled Method and Apparatus for Channel Prioritization. This patent protects a method by which the maximum amount of channels that the client device can use are filled with available channels of targeted content, usually based on the most popular channels or those channels which are accessed most often by the client device. The increasingly large amount of data, video, audio, and gaming options that Roku users can choose from makes it harder for the user to find favored content from a desired content provider. The problem is exacerbated by the different ways a user can access content such as renting, buying or subscribing to content. The method this patent protects manages content in a streaming media environment and runs a preloaded channel in the background to reduce lag.

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Crocs loses inter partes reexam, will appeal rejection of design patent for ornamental footwear http://www.ipwatchdog.com/2017/08/18/crocs-loses-inter-partes-reexam-design-patent/id=86970/ http://www.ipwatchdog.com/2017/08/18/crocs-loses-inter-partes-reexam-design-patent/id=86970/#comments Fri, 18 Aug 2017 15:15:44 +0000 http://www.ipwatchdog.com/?p=86970 Boulder, CO-based shoe manufacturer Crocs, Inc. (NASDAQ:CROX) had a design patent rejected by the U.S. Patent and Trademark Office. The patent struck by the USPTO is U.S. Patent No. D517789. Issued in March 2006 and assigned to Crocs, it protected the ornamental design of footwear. The design patent illustrations attached to the '789 design patent showcase the well-known Crocs design featuring holes in the footwear material around the front of the foot and a strap behind to hold the footwear in place against a person’s heel... The Examiner refused to recognize a priority claims of earlier filed applications dating back to June 23, 2003. According to the Examiner, the shoe that is the subject of the '789 design patent was not adequately disclosed prior to May 28, 2004, making an earlier priority date claim impossible to recognize.

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CAFC says Attorney’s Fees are an Equitable Remedy Not Subject to Right to a Jury Trial http://www.ipwatchdog.com/2017/08/18/cafc-attorneys-fees-equitable-remedy/id=86999/ http://www.ipwatchdog.com/2017/08/18/cafc-attorneys-fees-equitable-remedy/id=86999/#respond Fri, 18 Aug 2017 13:15:13 +0000 http://www.ipwatchdog.com/?p=86999 Avid sought fees as a prevailing party under § 285, and therefore the attorney’s fees in this action were properly characterized as an equitable remedy, properly decided by a judge. AIA argued that when an award of attorney’s fees is based in part or in whole on a party’s state of mind, intent, or culpability, only a jury may decide those issues. The Court rejected this argument because AIA provided no cases holding that once an issue is deemed equitable, a Seventh Amendment right to a jury trial may still attach to certain underlying determinations.

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Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases http://www.ipwatchdog.com/2017/08/18/octane-standard-attorneys-fees-applies-lanham-act-cases/id=86998/ http://www.ipwatchdog.com/2017/08/18/octane-standard-attorneys-fees-applies-lanham-act-cases/id=86998/#comments Fri, 18 Aug 2017 11:15:15 +0000 http://www.ipwatchdog.com/?p=86998 In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after one batch of Fossil’s handbags appeared to have counterfeit magnetic snaps. The jury found Fossil liable for patent and trademark infringement and for violating the CUTPA. The Federal Circuit affirmed the patent and trademark infringement verdicts. After that appeal, Romag sought attorney’s fees under the Patent Act, Lanham Act, and the CUTPA. The district court awarded attorney’s fees under all but the Lanham Act... The Supreme Court’s “objectively unreasonable” standard for attorney’s fees set forth in Octane applies to infringement cases under the Lanham Act and the Patent Act. In attorney’s fee disputes, courts must consider the totality of the circumstances, including the conduct of both parties.

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CAFC denies Amgen discovery in biosimilar patent dispute http://www.ipwatchdog.com/2017/08/18/cafc-denies-amgen-discover-biosimilar-patent-dispute/id=86996/ http://www.ipwatchdog.com/2017/08/18/cafc-denies-amgen-discover-biosimilar-patent-dispute/id=86996/#respond Fri, 18 Aug 2017 09:15:37 +0000 http://www.ipwatchdog.com/?p=86996 In a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the Federal Circuit found that it lacked jurisdiction to compel discovery in the district court. The Court also found that Amgen failed to meet the requirements for mandamus relief. Amgen Inc. v. Hospira, Inc., (Fed. Cir. Aug. 10, 2017) (Before Dyk, Bryson, and Chen, J.) (Opinion for the court, Dyk, J.)... When filing a BPCIA paragraph (l)(3) list of patents that could potentially be infringed by a biosimilar, all patents that could reasonably be infringed, based on available knowledge without discovery, should be included on that list. In an interlocutory appeal, the Federal Circuit lacks “collateral order” jurisdiction to compel a district court to order discovery concerning non-listed patents, nor is mandamus warranted, because relief is available on appeal from a final judgment.

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Theftovation: Facebook ‘Likes’ Copying Ideas http://www.ipwatchdog.com/2017/08/17/theftovation-facebook-likes-copying-ideas/id=86916/ http://www.ipwatchdog.com/2017/08/17/theftovation-facebook-likes-copying-ideas/id=86916/#comments Thu, 17 Aug 2017 15:15:28 +0000 http://www.ipwatchdog.com/?p=86916 The Wall Street Journal explains ithat the Silicon Valley culture has long regarded copying as a good thing and necessary for rapid growth, first to market, first mover advantage, network effects, world domination, liquidity for early investors and Founders, etc. What complete and total garbage. When you live in a culture that tolerates and even promotes copying that is, in fact, what you get. When everyone copies everyone that means no one is innovating. Many studies and articles in recent years have highlighted how we have a net loss of startups over the past 30 years and that companies are no longer innovating.

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USPTO Navigates New Territory In The Wake of Matal v. Tam http://www.ipwatchdog.com/2017/08/17/uspto-navigates-matal-v-tam/id=86961/ http://www.ipwatchdog.com/2017/08/17/uspto-navigates-matal-v-tam/id=86961/#respond Thu, 17 Aug 2017 13:15:05 +0000 http://www.ipwatchdog.com/?p=86961 The USPTO issued Examination Guide 01-17 on Monday, June 26, 2017, entitled “Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with Section 2(a)’s Scandalousness Provision While Constitutionality Remains in Question.” This Guide explains how trademark applications with arguably disparaging or scandalous content will be examined in the aftermath of the Supreme Court’s decision in Matal... The Supreme Court’s ruling in Matal cleared the way for a slew of new and possibly offensive trademark applications of a kind that have been consistently denied since 1946. Whether this protection will be extended to a wider category of potentially incendiary marks hinges on the Federal Court’s pending review of Brunetti.

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Does anyone at Mapbox understand the company’s patent filing activities? http://www.ipwatchdog.com/2017/08/17/does-mapbox-understand-patent-filing-activities/id=86794/ http://www.ipwatchdog.com/2017/08/17/does-mapbox-understand-patent-filing-activities/id=86794/#comments Thu, 17 Aug 2017 11:15:11 +0000 http://www.ipwatchdog.com/?p=86794 Given that Lee testified that Mapbox has been a party to multiple patent lawsuits and only a single lawsuit can be located, coupled with Lee’s testimony that Mapbox has used the patent system as an applicant and no patents or applications can be found, Congress should question whether or not false testimony has been given in this case. Perhaps there is a reasonable explanation, but based on publicly available information serious questions exist regarding the veracity of his testimony.

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Toronto Real Estate Board Dispute Shows Awkwardness of Copyright Protection for Databases http://www.ipwatchdog.com/2017/08/17/toronto-real-estate-board-copyright-protection-databases/id=86844/ http://www.ipwatchdog.com/2017/08/17/toronto-real-estate-board-copyright-protection-databases/id=86844/#respond Thu, 17 Aug 2017 09:15:15 +0000 http://www.ipwatchdog.com/?p=86844 Legal protection for databases in Canada is, perhaps surprisingly, a little convoluted. In some jurisdictions, unique database rights have been legislated (e.g. the EU). This is not yet the case in Canada where protection instead comes from a patchwork of rights provided by different regimes. Traditional intellectual property (“IP”) rights provide some protection, but with sufficient gaps to make exclusive reliance on IP inadvisable... In the decision, the Competition Tribunal found that the information in the MLS database does not attract copyright protection. The decision sets out the Tribunal’s attempt to apply the relevant copyright case law to determine whether copyright subsists in the overall arrangement of information in the MLS database.

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Federal Circuit says computer memory system claims patent eligible, not abstract http://www.ipwatchdog.com/2017/08/16/federal-circuit-computer-memory-system-patent-eligible/id=86925/ http://www.ipwatchdog.com/2017/08/16/federal-circuit-computer-memory-system-patent-eligible/id=86925/#comments Wed, 16 Aug 2017 16:12:40 +0000 http://www.ipwatchdog.com/?p=86925 The majority determined that the patent claims drawn to a computer memory system did not cover an abstract idea and, therefore, the second step of the Alice test was an unnecessary inquiry... “Our review of the ’740 patent claims demonstrates that they are directed to an improved computer memory system, not to the abstract idea of categorical data storage,” Judge Stoll wrote. “The specification explains that multiple benefits flow from the ’740 patent’s improved memory system.”

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