2022
Showing 17–32 of 467 results
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PTO makes genericness refusals for marks more likely
Year End 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 412
Abstract: The U.S. Patent and Trademark Office (PTO) recently issued Examination Guide 1-22, “Clarification of Examination Evidentiary Standard for Marks Refused as Generic.” In it, the PTO clarifies its previous position on the evidentiary burden when a trademark examining attorney seeks to refuse to register a mark in the Principal or Supplemental Register because the mark is generic. This article briefly explains the new standard, which diverges from longstanding practice. Examination Guide 1-22, “Clarification of Examination Evidentiary Standard for Marks Refused as Generic.”
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Computer Fraud and Abuse Act – “Scraping” public data probably doesn’t violate CFAA
Year End 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: The U.S. Court of Appeals for the Ninth Circuit has again determined that the automated “scraping” of an online networking platform’s publicly available data probably doesn’t violate the Computer Fraud and Abuse Act (CFAA). The U.S. Supreme Court had directed the appellate court to reconsider its earlier determination based on a subsequent high court ruling on the CFAA. But, in the end, the Ninth Circuit found that it was right all along. This article reviews the court’s determination that when a computer network generally permits public access to its data, a user’s accessing of that data likely won’t qualify as unauthorized access under the CFAA. hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783, -2038 (9th Cir. April 18, 2022).
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Silence isn’t always golden – Patent specification doesn’t adequately describe negative limitation
Year End 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 557
Abstract: If at first you don’t succeed, try again. The old bromide proved surprisingly meaningful for a pharmaceutical company challenging a competitor’s patent on a treatment method. The claim that the patent lacked an adequate written description of the method’s “negative limitation” was initially rejected by a three-judge panel of the U.S. Court of Appeals for the Federal Circuit. This article looks at how the tables turned when the company requested a rehearing before the panel after one judge retired and was replaced. Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc., No. 21-1070 (Fed. Cir. June 21, 2022).
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Typo spells the end of patent challenge
Year End 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: What happens when a patent is challenged as being obvious based on a previous patent, but the earlier patent contains a typographical error? It depends on how obvious the error is. The U.S. Court of Appeals for the Federal Circuit recently found such a patent error obvious — even though the error wasn’t discovered until an expert conducted extensive analysis 20 years after the error was first published. The result: The earlier patent didn’t disclose the subsequent invention, and the later patent wasn’t invalidated in view of the prior, errant disclosure. This article discusses the law governing typographical errors in patents. A brief sidebar highlights the dissenting judge’s opinion that, while agreeing that the majority applied the proper standard, the error at issue was not only typographical. LG Electronics Inc. v. ImmerVision, No. 21-2037, -2038 (Fed. Cir. July 11, 2022).
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Fast write-offs for start-up costs
Year End 2022
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 453
Abstract: It can be expensive to launch a business today, but new business owners may be able to deduct some start-up costs in the first year of operation. The trick is to get the business up and running before the end of the year. This article discusses a special tax law break that may be helpful to start-up businesses if they qualify.
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How should you manage overtime?
Year End 2022
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 613
Abstract: Payroll is one of the largest expenses for many businesses. So, while employers need to comply with the regulations that govern salaries and wages, they also need to work within their budgets. This article points out that effectively managing overtime is key to reaching these goals, and offers some useful strategies, including cross-training workers and leveraging technology to automate some tasks.
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How to make a family vacation home work for you
Year End 2022
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 574
Abstract: Individuals considering buying a vacation home need to choose an ownership structure, whether it’s a corporation, a trust, tenants in common (TIC) or a limited liability company (LLC), that will best serve them going forward. This article suggests that though each structure has its pros and cons, an LLC might offer the most benefits. It lists a number of those benefits, such as that an LLC structure will limit family members’ exposure to personal liability lawsuits associated with the property and allow avoidance of probate at the owner’s death.
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Timing is everything – Avoid the wash sale rule to keep taxes in check
Year End 2022
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 944
Abstract: As the end of the year approaches, individuals may be in a position to recognize capital losses from sales of securities to offset gains or even some high-taxed ordinary income. However, as this article points out, there’s an obstacle standing in the way of some investors: the wash sale rule. If investors aren’t careful, this rule can result in losses being disallowed. The article offers several strategies that can help, with the caveat that any strategies should reflect an investor’s investment goals, risk tolerance and more. A sidebar offers an example of how the wash sale rule works.
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The future of 3D printing in construction
Fall 2022
Newsletter: Construction Industry Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 446
Abstract: Science fiction lovers will have little trouble envisioning a wall panel materializing out of thin air thanks to the high-tech hardware aboard an intergalactic starship. That’s the concept of 3D printing, which is very real but not yet widely used in construction. This article explores the potential benefits and problems of a dramatically advancing technology.
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Check your company’s vital signs with KPIs
Fall 2022
Newsletter: Construction Industry Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 536
Abstract: Many construction business owners lose sleep wondering whether they’re staying ahead of or falling behind the competition. Seemingly unpredictable equipment breakdowns are also a constant cause of concern. As this article explains, regularly checking certain key performance indicators can provide insights and alleviate stress.
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Worth a look: the Work Opportunity Tax Credit
Fall 2022
Newsletter: Construction Industry Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 690
Abstract: The skilled labor shortage continues to challenge construction businesses. One potential way to mitigate the problem is to hire individuals from certain “targeted” groups that often encounter difficulties finding employment. As discussed in this article, by doing so, a construction company may be able to avail itself of the Work Opportunity Tax Credit.
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What are change orders really costing you?
Fall 2022
Newsletter: Construction Industry Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 891
Abstract: Most construction projects are well planned and documented before a shovel hits the ground. That’s why change orders are a big deal; they represent a notable deviation from the building plans. This article discusses how contractors can better identify the true costs of change orders. A sidebar looks at whether a construction company should ever consider doing change-order work for free.
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How “generic skepticism” affects the motivation to combine
October / November 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 448
Abstract: The U.S. Court of Appeals for the Federal Circuit gave new life to a challenge of a robotic surgery patent after rejecting the relevance of surgeons’ skepticism for robotic surgery. This article examines a decision holding that the U.S. Patent Trial and Appeal Board (PTAB) improperly found such generic skepticism about a field — as opposed to skepticism about a specific invention — rendered the patented invention nonobvious. Auris Health, Inc. v. Intuitive Surgical Operations, Inc., No. 21-1732 (Fed. Cir. April 29, 2022).
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Court revives patent case – Descriptive terms weren’t “indefinite” after all
October / November 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 571
Abstract: Coming up with a new and useful invention is only part of the battle when it comes to obtaining a patent. Patent applicants also need to choose their words carefully when drafting the application. This article looks at a recent ruling from the U.S. Court of Appeals for the Federal Circuit that highlights one of the most important considerations: what a patent’s words communicate to skilled artisans in the relevant field. Niazi Licensing Corp. v. St. Jude Medical S.C., Inc., No. 21-1864 (Fed. Cir. April 11, 2022).
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Copyright infringement ruling strikes a chord
October / November 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 621
Abstract: The music world is sitting up and taking note of another significant court ruling on the availability of copyright protection for elements of songs. The court’s decision emphasizes that common “building blocks” of music aren’t copyrightable. This article covers the court’s application of a two-part test with “extrinsic” and “intrinsic” components and its conclusion that no individual component of the plaintiff’s ostinato (a repeating instrumental figure) was copyrightable. Gray v. Hudson, No. 20-55401 (9th Cir. March 10, 2022).
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Better late than never – When tardiness bars trademark infringement claims
October / November 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 887
Abstract: A lack of haste can make waste when it comes to filing a lawsuit. But some delays are excusable. This article reviews a dispute over the use of a trademark by two players in the insurance industry. It provides useful insight into when a trademark holder’s delay will — or won’t — bar its claims. A short sidebar highlights the appellate court’s rejection of the trial court’s reliance on a cease-and-desist letter to show how long the plaintiff was aware of the risk of consumer confusion between the trademarks at issue. A.I.G. Agency, Inc. v. American Int’l Group, Inc., No. 21-1948 (8th Cir. May 13, 2022).