Judge Andrews Grants Defendant’s Motion to Dismiss Certain Patent Counterclaims After Finding the Subject Patents Claim Abstract Ideas

  By Memorandum Opinion entered by The Honorable Richard G. Andrews in D&M Holdings Inc. et al. v. Sonos, Inc., Civil Action No. 16-141-RGA (D.Del. April 18, 2017), the Court granted Defendant’s Motion to Dismiss Plaintiff’s First and Third Counterclaims for Patent Infringement after finding that the asserted claims in the patents that are the subject of those counterclaims are drawn to abstract ideas and do not provide an inventive concept. View Full Post
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Brands Beware!!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides

By | Fashion & Apparel Law Blog | April 21, 2017
In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety letters reminding influencers and brands that “if there is a ‘material connection’ between an endorser and the marketer of a product – in other words, a connection that might affect the weight or credibility that consumers give the endorsement – that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement.” The FTC explained that material connections could “consist of a business or family relationship, monetary payment, or the provision of free products from the endorser.” A copy of the form of the letter, which explains that clear and conspicuous disclosures are required can be found here. View Full Post
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“Anti-Police” Painting Controversy: Court Says, No First Amendment Rights at Stake

By | Art Law | April 21, 2017
The US. District Court for the District of Columbia recently denied a preliminary injunction seeking the reinstallation of a controversial “anti-police” painting at the U.S Capitol complex. David Pulphus, a student artist from Missouri’s First Congressional District, and William Lacy Clay, the congressional representative for that district, filed a lawsuit claiming that their First Amendment rights to free speech were infringed upon when the Architect of the Capitol, Stephen T. View Full Post
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Rules and Practice Tips Regarding Official Notice at the U.S. Patent and Trademark Office

What is Official Notice? MPEP §2103(VI) states that when a rejection is imposed, the “Office action should clearly communicate the findings, conclusions and reasons which support them.”  Examiners commonly satisfy this requirement by citing one or more prior art references allegedly teaching each of the limitations of a claim. View Full Post
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CLE: Ethics in the Practice of Intellectual Property Law

On Friday, May 5, 2017, from 8:15 am – 1:30 pm, John Marshall is hosting its 8th annual Ethics in the Practice of Intellectual Property Law seminar.  In addition to providing ethics credit, the program is top-notch, including: James Grogan of the Illinois ARDC discussing what IP lawyers need to know about ARDC proceedings and complaints; Ethics issues for in-house counsel; Conflicts issues; Ethics regarding cybersecurity; Ethics before the TTAB; and Ethics in patent litigation. View Full Post
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Now Available: The April Issue of Our Socially Aware Newsletter

03_April_SociallyAware_thumbnailThe latest issue of our Socially Aware newsletter is now available here. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we examine a Federal Trade Commission report on how companies engaging in cross-device tracking can stay on the right side of the law; we take a look at a Second Circuit opinion that fleshes out the “repeat infringer” requirement online service providers must fulfill to qualify for the Digital Millennium Copyright Act’s safe harbors; we discuss a state court decision holding that Section 230 of the Communications Decency Act immunizes Snapchat from liability for a car wreck that was allegedly caused by the app’s “speed filter” feature; we describe a recent decision by the District Court of the Hague confirming that an app provider could be subject to the privacy laws of a country in the European Union merely by making its app available on mobile phones in that country; and we review a federal district court order requiring Google to comply with search warrants for foreign stored user data. View Full Post
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What Do California Wine Grapes and California Marijuana Have in Common?

By | The IP Law Blog | April 20, 2017
When a winery wants to tell consumers the geographic source of its wine, it includes on the label the wine’s “appellation of origin.”  An appellation of origin tells the consumer where the wine grapes were grown.  Appellations are either the name of a county or state, or a federally-recognized growing region called American Viticultural Areas (AVAs).  View Full Post
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While the Slants Are in the Spotlight, Chief Wahoo is On Deck

By | DuetsBlog | April 20, 2017
Throughout the past decade, attorneys, judges, plaintiffs, and defendants have invested thousands of hours in the fight over offensive trademarks. Most of the public is aware of the controversy surrounding the Washington Redskins, who continue to be embroiled in litigation that is currently pending with the Federal Court of Appeals for the Fourth Circuit. View Full Post
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