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Articles by Dynamic Drinkware
Using Global Patent Trends in Smart Manufacturing to Develop an Informed and Effective IP Strategy | JD Supra
In today’s global economy, product research and development (R&D) has historically been concentrated in the U.S. and China. However, these efforts are beginning to decentralize and spread into new regions, such as Japan and South Korea. This geographic shift in R&D investment is reflected in the increasing number of newly filed patent applications, each of which seeks protection of an invention in a specific country or jurisdiction.
USPTO Warns Against Blind Reliance on Artificial Intelligence | JD Supra
U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal recently released a memorandum on the subject of the use of artificial intelligence (AI) by parties during proceedings before the Trademark Trial and Appeal Board (TTAB) and the Patent Trial and Appeal Board (PTAB).[1] In the memo, Director Vidal warns that parties are responsible for the content of their filings before the Boards, even when assisted by AI.
USPTO Releases Guidance on Rule 132 Declarations | JD Supra
The U.S. Patent and Trademark Office (USPTO) has released new training materials on “Declaration practice under 37 CFR 1.132 (Rule 132).” The materials were developed under a collaboration initiative with the U.S. Food and Drug Administration (FDA) to guide patent examiners in the evaluation and treatment of Rule 132 declarations. Stakeholders who rely on such declarations may be able to leverage the guidance to strengthen their submissions and make them more persuasive.
When Will the LLM Patent Wave Hit? | JD Supra
Major technology paradigm shifts are typically followed by a wave of patent application filings. If you don’t believe that, a quick patent search will validate this for your technology of choice. What you’ll also find is that there can be a significant lag between when the technology enters the mainstream and when related patent applications actually publish.
Sotera Stipulation Filed After the Patent Owner’s Response Still Deemed Effective
The Patent Trial and Appeal Board (PTAB) recently addressed both the timing requirements and procedures for filing a Sotera stipulation before the Board in, BMW of North America LLC v. Northstar Systems LLC, IPR2023-01017 (P.T.A.B. June 9, 2023). In granting institution, the Board held that a petitioner’s Sotera stipulation should not be disregarded “because of its timing.” See id., Paper 12, at 10.
Testifying on the Patent Eligibility Restoration Act | JD Supra
When we first wrote about the Patent Eligibility Restoration Act (PERA), I had no idea I would have the honor of being invited to testify before the Subcommittee on Intellectual Property of the Senate Judiciary Committee, but on January 23, 2024, I was one of eight witnesses who shared our views on the state of patent eligibility in the U.S. and the need for legislative reform.
USPTO Issues “Reasonable” Guidance on Enablement Under Amgen v. Sanofi | JD Supra
The USPTO has issued “Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al.” The Guidelines set forth the U.S. Patent and Trademark Office’s (USPTO’s) stance that the Supreme Court decision applies across the board without regard to technology, and instruct USPTO personnel to continue to use the Wands factors when assessing enablement.
Federal Agencies Seeking Patent Seizure Authority Through Draft NIST Guidance
The Situation: On December 8, 2023, the National Institute of Standards and Technology ("NIST") released a proposed framework for federal agencies regarding the exercise of the government's march-in rights for federally funded inventions. Among other considerations, the proposed framework considers the price of a product as a relevant factor with respect to whether an invention has achieved practical application or whether it reasonably satisfies health or safety needs.
Stop Asking Scary Questions – Tarantino And Miramax's Dispute Over Pulp Fiction NFTs - Trademark - United States
"If my answers frighten you, Vincent, then you should cease asking scary questions." – Jules Winnfield in Pulp Fiction Scary questions are always in the script when the law collides with new technology. And Non-fungible tokens (NFTs) pose novel legal challenges.
The Value Of U.S. Legal Opinions On Patent Non-infringement/invalidity
Though there is no longer an affirmative duty to seek the opinion of U.S. patent counsel after being put on notice of possible infringement of a U.S. patent (35 U.S.C. § 298), a written opinion of counsel regarding non-infringement/invalidity can still be helpful, not only for purposes of risk assessment but also as a means to limit damages/avoid liability in the event of litigation and provide leverage during licensing or other negotiations.
D. Mass. Patent Litigation Update: November 2023
In Lu v. Hyper Bicycles, Inc., No. 1:20-cv-1173923, Judge Gorton granted in part Hyper's motion for attorneys' fees. First, the Court ruled that the case was exceptional, finding that Lu failed to meaningfully litigate the case, which ultimately rendered his positions frivolous.
USPTO Says Prior Art Date of AIA Patents is Not Limited By Dynamic Drinkware | JD Supra
When Dynamic Drinkware was decided in 2015, commentators debated whether differences in the language of the American Invents Act (AIA) version of 35 USC § 102 would shield AIA patents from its restrictions.
Looking Ahead: New California Employment Laws for 2024
In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024. California will become the first state to demand employers to create an “effective” workplace violence prevention plan, train employees, and prepare/maintain records regarding workplace violence, starting July 1, 2024. SB 553 covers virtually all employers.
United States | State Department Posts Details of H-1B Visa Renewal
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found. Trending News United States | State Department Posts Details of H-1B Visa Renewal Print Mail Download i The State Department will allow a limited number of H-1B holders to renew their visas in the United States under a pilot program, the details of which were unveiled Wednesday. The pilot will run from Jan. 29 to April 1, 2024, and will be open to a total of 20,000 H-1B visa holders.
NYAG Settles with Healthplex for $400,000
On December 8, 2023, New York Attorney General Leticia James penned her approval to an Assurance of Discontinuance with third party dental administrator Healthplex, settling the enforcement action for $400,000 and a litany of data privacy and security compliance requirements. The AG’s investigation commenced following a November 24, 2021, successful phishing attack against Healthplex.
12 Days of CRM: Day 12 – How Pipelines Can Help Law Firms Grow
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found. Trending News 12 Days of CRM: Day 12 – How Pipelines Can Help Law Firms Grow Print Mail Download i On the 12th day of CRM Chris “Kringle” Fritsch explained to me, how law firms can use pipelines successfully! Outside of legal, we are seeing many professional service firms wanting to implement business development pipelines to increase their BD efforts.
United States | Business, Immigration Coalitions Call on USCIS to Take Immediate Steps to Fix H-1B Registration Lottery
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found. Trending News United States | Business, Immigration Coalitions Call on USCIS to Take Immediate Steps to Fix H-1B Registration Lottery Print Mail Download i Leading business and immigration organizations have called on U.S. Citizenship and Immigration Services to implement proposed changes to the H-1B lottery ahead of the upcoming H-1B cap season.
New Year, New Rules? 2024 May See Implementation Of The DOL’s Proposal For Increased Exemption Salary Thresholds While State-Specific Thresholds Are Also Set To Increase
As 2023 comes to a close, so did the notice-and-comment period for the U.S. Department of Labor’s (DOL) proposed rule increasing the minimum salary required for employees to be exempt under any of the “White Collar Exemptions” from overtime pursuant to the Fair Labor Standards Act (“FLSA”). With that period closing in November, it can be anticipated that steps will be taken in the upcoming election year to implement the new rule.
Canada | Apostille Process Implementation Update
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found. Trending News Canada | Apostille Process Implementation Update Related Practices & Jurisdictions Print Mail Download i The Canadian government announced that starting Jan. 11, 2024, public documents within the scope of the Apostille Convention will need only an apostille to be authenticated for further legal use.
ICO Publishes Response to UK Data Protection and Digital Information Bill
On December 18, 2023, the updated response from UK Information Commissioner John Edwards to the Data Protection and Digital Information (No 2) Bill (the “Bill”) was published on the website of the Information Commissioner’s Office (ICO). The Commissioner’s original response was published in March 2023.
12 Days of CRM: Day Eleven – The Struggle of Legal Marketers in the Modern Era [VIDEO]
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found. Trending News 12 Days of CRM: Day Eleven – The Struggle of Legal Marketers in the Modern Era [VIDEO] Print Mail Download i On the 11th day of CRM Chris “Kringle” Fritsch informed me of the struggle of legal marketers in the modern era! As law firms transition to a digital-first strategy, some legal marketers are struggling to define their role in client acquisition and development.
12 Days of CRM: Day 10 – How Business Development Supports Closing Business at Law Firms [VIDEO]
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found. Trending News 12 Days of CRM: Day 10 – How Business Development Supports Closing Business at Law Firms [VIDEO] Print Mail Download i On the 10th day of CRM Chris “Kringle” Fritsch explained to me, how business development supports closing business for attorneys! To properly develop clients, successful business development is vital to win business.
12 Days of CRM: Day Nine – Cost Benefit Analysis: Investing In Your CRM Capabilities [VIDEO]
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found. Trending News 12 Days of CRM: Day Nine – Cost Benefit Analysis: Investing In Your CRM Capabilities [VIDEO] Print Mail Download i On the ninth day of CRM Chris “Kringle” Fritsch performed for me, a cost-benefit analysis of investing in our CRM capabilities! Many firms struggle with being industry-focused and segmenting their audiences effectively.
Boosting Biotech: New York City Revives Tax Credits for Emerging Companies
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found. Trending News Boosting Biotech: New York City Revives Tax Credits for Emerging Companies Print Mail Download i December 4, 2023 – New York City Mayor Eric Adams signed legislation reinstating tax credits for New York City companies in the life sciences and biotech space.
Be Cautious of Gifting Money if Medicaid may be in Your Future
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found. Trending News Be Cautious of Gifting Money if Medicaid may be in Your Future Print Mail Download i It’s that time of year! It is the season of giving. While giving can be a wonderful thing, we want to remind everyone that gifting is not always seen so positively, especially in the eyes of Medicaid. Do you or a loved one need assistance with their activities of daily living?
SEC’s New Rules for Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure Go into Effect
On December 18, 2023, the US Securities and Exchange Commission’s (SEC) new rules enhancing and standardizing disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by companies who are subject to the Securities and Exchange Act of 1934 (including foreign private issuers) went into effect. As such, companies will want to be aware of how best to comply.
Mexico. Covid-19 Vaccine Approvals Update
On December 7th the Mexican regulatory agency COFEPRIS approved the marketing authorizations for the Pfizer and Moderna COVID-19 Vaccines. The recent approval may appear odd, but the reason is that these two COVID vaccines and other products necessary to overcome all aspects of the pandemic, were approved by COFEPRIS on emergency basis.
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