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Southern California Wins Trademark Battle with South Carolina

patentlyo.com/patent/2010/01/southern-california-wins-trademark-battle-with-south-carolina.html

2009) The University of South Carolina (Carolina) was founded in 1801 and is the flagship public university of the state.

The North Face versus The South Butt

patentlyo.com/patent/2010/02/the-north-face-versus-the-south-butt.html

In late 2009, The North Face sued its mocking upstart rival The South Butt for trademark infringement and dilution.

Ohio Willow Wood v. Alps South

patentlyo.com/patent/2013/11/ohio-willow-wood-v-alps-south.html

Alps South, LLC (Fed. … 5,820,237 against Alps South.  The '237 patent relates to directed to cushioning devices that go over the residual stumps of amputated limbs to make the use of prosthetics more comfortable.  The district court granted summary judgment that OWW was collaterally estopped from challenging the invalidity of set of claims in the '237 patent, that the second set of asserted claims was invalid for obviousness, and that there was no inequitable conduct.  OWW appealed the collateral estoppel and obviousness issues while Alps cross-appealed the inequitable conduct issue.  Collateral Estoppel: The collateral estoppel issue in this case is notable because it involves a separate (albeit related) patent.  OWW sued Thermo-Ply, Inc.

Litigation Screen Fails to Avoid Inequitable Conduct (But Almost Succeeded)

patentlyo.com/patent/2016/02/litigation-screen-fails.html

Alps South (Fed. … Alps decision that, inter alia, reversed the lower court's determination of no inequitable conduct by the patentee OWW.

Patently-O Bits and Bytes NO. 306

patentlyo.com/patent/2009/12/patently-o-bits-and-bytes-1-11.html

The student’s company is called “the South Butt.” On the issue of confusion, the South Butt’s attorney indicated that the public knows the “difference between a face and a butt.” [AP]  The complaint [Download NorthFaceComplaint] includes allegations of trademark infringement, dilution (which does not require proof of confusion), false designation of origin, contributory trademark infringement, common law trademark infringement, common law unfair competition, and violation of the Missouri anti-dilution statute.

Considering the Value of Patents in African Countries

patentlyo.com/patent/2018/10/considering-patents-countries.html

For many patent holders, protecting their inventions internationally does not extend much beyond the IP5: China, the United States, Japan, South Korea and Europe.

Patently-O Bits and Bytes NO. 306

patentlyo.com/patent/2009/12/patently-o-bits-and-bytes-1-25.html

The student’s company is called “the South Butt.” On the issue of confusion, the South Butt’s attorney indicated that the public knows the “difference between a face and a butt.” [AP]  The complaint [Download NorthFaceComplaint] includes allegations of trademark infringement, dilution (which does not require proof of confusion), false designation of origin, contributory trademark infringement, common law trademark infringement, common law unfair competition, and violation of the Missouri anti-dilution statute.

LifeTech v. Promega Oral Arguments: What is a ‘Substantial Portion’ of the Components

patentlyo.com/patent/2016/12/arguments-substantial-components.html

PHILLIPS: Because all Congress wanted to do was to close a loophole [created by Deepsouth] where you're essentially doing nothing but violating U.S.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/06/patently-o-bits-bytes-by-lawrence-higgins-6.html

[Link] AdvantEdge Law Group is looking for patent attorneys/agents with a degree in EE, CE, or CS and 2-5 years of experience to work at their South Jordan, Utah location.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/06/patently-o-bits-bytes-by-lawrence-higgins-26.html

[Link] AdvantEdge Law Group is looking for patent attorneys/agents with a degree in EE, CE, or CS and 2-5 years of experience to work at their South Jordan, Utah location.

Canada Challenges Federal Circuit’s Patent Decision in BlackBerry Case.

patentlyo.com/patent/2005/01/canada_challeng.html

In my view, based on standing precedent of Deepsouth and Pellegrini, the Federal Circuit got this case wrong, and the standard of "control and beneficial use" should be tossed.

Life Tech v. Promega: Supreme Court Limits Contributory Liability for Exports

patentlyo.com/patent/2017/02/contributory-liability-exports.html

Although they joined with the bulk of the opinion, Justices Alito and Thomas did not join the portion suggesting that 271(f) was intended as a narrow provision enacted by congress only to fill the gap left by Deepsouth Packing Co.

Undisclosed Conflict of Interest Causes Unenforceable Arbitration Clause, Disgorgement of Some Fees

patentlyo.com/hricik/2018/08/undisclosed-unenforceable-disgorgement.html

 It rejected the idea that a broad blanket waiver permitted the firm to represent J-M while representing South Tahoe without informing both clients of the conflict.

Million Dollar Mistake? The Cost of Limiting or Canceling IP Rights

patentlyo.com/patent/2015/03/million-limiting-canceling.html

Ironically, these cases are arising at a time when many academics and policy makers (Eastern Europe, South Africa) have been encouraging countries to take greater advantage of their already limited flexibilities under TRIPS.  The present disputes may have chilling effects at a time when countries such as South Africa and Brazil have been considering modifying patent laws.

Patent Attorney – Law Firm – Greenville, S.C.

patentlyo.com/jobs/2017/03/patent-attorney-law-firm-greenville-s.html

Our office is conveniently located in the downtown area of Greenville, South Carolina, long termed the “economic engine of South Carolina.” Located between Atlanta and Charlotte on the I-85 business corridor, the Greenville area accesses all major markets in the United States.

Patent Attorney/Agent – Law Firm – South Jordan, Utah

patentlyo.com/jobs/2012/05/patent-attorney-2.html

AdvantEdge Law Group, an intellectual property boutique located in South Jordan, Utah, currently seeks candidates with degrees in Electrical Engineering, Computer Engineering or Computer Science for its patent prosecution practice.

Patent Attorney – Law Firm – Southfield, Mich.

patentlyo.com/jobs/2012/04/patent-attorney-law-firm-southfield-mich.html

Brooks Kushman has offices in Southfield, Michigan and Los Angeles, California.

Patently-O Bits and Bytes by Juvan Bonni

patentlyo.com/patent/2019/07/patently-bits-and-bytes-by-juvan-bonni-27.html

Adrian Zmudzinski: South Korea Has the Highest Rate of Granted Blockchain Patents (Source: Cointelegraph)…

Patently-O Bits and Bytes

patentlyo.com/patent/2012/10/patently-o-bits-and-bytes.html

"Copyright troll" stories are being chronicled by dietrolldie Missouri is known for many things, including the South Butt parody apparel.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/05/patently-o-bits-bytes-by-lawrence-higgins-27.html

[Link] Brooks Kushman is seeking a patent attorney with an EE or CS degree and 3-6 years of experience to work at their Southfield, Michigan office.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/05/patently-o-bits-bytes-by-lawrence-higgins-7.html

[Link] Brooks Kushman is seeking a patent attorney with an EE or CS degree and 3-6 years of experience to work at their Southfield, Michigan office.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/02/patently-o-bits-bytes-by-lawrence-higgins-1-16.html

[Link] UTC Power is searching for an IP paralegal with 2-4 years of IP experience to work at their South Windsor, Connecticut location.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/02/patently-o-bits-bytes-by-lawrence-higgins-1-3.html

[Link] UTC Power is searching for an IP paralegal with 2-4 years of IP experience to work at their South Windsor, Connecticut location.

Who is Behind H.R. 5980?

patentlyo.com/patent/2010/08/untitled-2.html

Co-Sponsors include Randy Forbes (Republican from south-east Virginia), Daniel Lipinski (Democrat from Chicago), Candice Miller (Republican from northern Michigan), Hal Rogers (Republican from eastern Kentucky), and Rob Wittman (Republican from eastern Virginia).

Patently-O Bits and Bytes No. 322

patentlyo.com/patent/2010/03/patently-o-bits-and-bytes-37.html

Eli Lilly: Written Description Requirement The North Face versus The South Butt Patent Examiner Experience Levels Inequitable Conduct Based on Contradictory Statements to the EPO (in a non-family member application) False Marking False Marking False Marking False Marking all at up to $500 per offense Viagra, Cialis, & Levitra: Board of Patent Appeals Affirms Rejection of Pfizer’s Broad Patent over ED Treatment…

Patently-O Bits and Bytes No. 322

patentlyo.com/patent/2010/03/patently-o-bits-and-bytes-13.html

Eli Lilly: Written Description Requirement The North Face versus The South Butt Patent Examiner Experience Levels Inequitable Conduct Based on Contradictory Statements to the EPO (in a non-family member application) False Marking False Marking False Marking False Marking all at up to $500 per offense Viagra, Cialis, & Levitra: Board of Patent Appeals Affirms Rejection of Pfizer’s Broad Patent over ED Treatment…

Bilski Briefs [Updated with 44 Briefs]

patentlyo.com/patent/2009/08/briefs-in-bilski.html

South Florida ( 08-964 University of South Florida.pdf) Awaken IP ( 08-964 AwakenIP.pdf) The CAFC test is unworkable and is as bad as the vague idea/expression dichotomy of copyright.

Patent Attorney / Agent / Clerk – Small Law Firm – South Dayton, Ohio

patentlyo.com/jobs/2020/01/patent-attorney-agent-clerk-dayton.html

Stevens and Showalter, LLP  is seeking a law clerk, patent attorney, or patent agent to join its South Dayton Office.… The office is located in South Dayton, Ohio suburb (Centerville/Washington Township) within a short drive of Northern Cincinnati suburbs for those having a desire to live in Cincinnati.

Corporate / IP Paralegal – Law Firm – Charleston, S.C.

patentlyo.com/jobs/2017/04/corporate-paralegal-charleston.html

Haynsworth Sinkler Boyd, P.A., has offices in Charleston, Columbia, Florence, Greenville, and Myrtle Beach, South Carolina.

Patent Attorney – Law Firm – Greenville, S.C.

patentlyo.com/jobs/2016/07/patent-attorney-greenville.html

Our office is conveniently located in the downtown area of Greenville, South Carolina, long termed the “economic engine of South Carolina.” Located between Atlanta and Charlotte on the I-85 business corridor, the Greenville area accesses all major markets in the United States.

Patent Attorney – Law Firm – Greenville, S.C.

patentlyo.com/jobs/2016/07/patent-attorney-law-firm-greenville-sc-2.html

Our office is conveniently located in the downtown area of Greenville, South Carolina, long termed the “economic engine of South Carolina.” Located between Atlanta and Charlotte on the I-85 business corridor, the Greenville area accesses all major markets in the United States.

Patent Attorney – Law Firm – Greenville, S.C.

patentlyo.com/jobs/2013/03/patent-attorney-law-firm-greenville-sc.html

is one of South Carolina’s ten largest law firms, with over 90 attorneys and a support staff of 125 in offices in Columbia, Florence, Charleston, Greenville, and Myrtle Beach.

Patent Attorney / Agent – Law Firm – Orange County & Los Angeles, Calif.

patentlyo.com/jobs/2008/11/patent-attorn-2.html

Join the rapidly growing southern California firm of Myers Dawes Andras & Sherman LLP (MDAS) as a patent attorney or agent.

Patent Attorney – Large Law Firm – Greenville, South Carolina

patentlyo.com/jobs/2019/05/attorney-greenville-carolina.html

The firm’s practice is global in nature, representing major companies in Europe, Korea, Japan, China, South America and in virtually every region of the United States.

Guest Post by Prof. Shubha Ghosh: Are South African Yellow Canaries a Question of Law or Fact?

patentlyo.com/patent/2014/10/african-canaries-question.html

At issue was a highly technical issue at the intersection of civil procedure and patent law: Is the standard of appellate review for patent claim construction de novo or clearly erroneous? The Justices’ engagement with this dry, but fundamental, question extended from hypos about bus crashes and South African Yellow Canaries (don’t ask) to elusive distinctions between facts and law in construing scientific terms like “average molecular weight.”…

Transfer on Mandamus

patentlyo.com/patent/2014/04/transfer-on-mandamus.html

Finally, in WMS Gaming, the Federal Circuit ordered the case moved from the Southern District of Mississippi to Northern District of Illinois.

Patent Associate / Agent – Small Law Firm – Southfield, Mich.

patentlyo.com/jobs/2019/05/patent-associate-southfield.html

Bejin Bieneman is a growing and dynamic boutique full-service intellectual property law firm with an international practice based in Southfield, Michigan.

Patent Liaison – Other – Southington, Conn.

patentlyo.com/jobs/2011/03/patent-liaison-other-southington-conn.html

Contact:For additional detailed information regarding this opportunity and to apply online, please visit: http://smithsmedicalcareers.123jobfocus.com/jobmanager/index.php?p=detail&job_id=2713&keyword=&job_catid=&loc_id=&experience_id=®ister= Additional Info:Employer Type: Other Job Location: Southington, Connecticut Smiths Medical is an equal opportunity employer and does not discriminate on the basis of race, color, sex, national origin, religion, age, physical or mental disability, veteran status or any other basis protected by applicable federal, state or local law in the terms or conditions of employment, programs or activities.

Trademark Manager – Large Corporation – Southfield, Mich.

patentlyo.com/jobs/2010/11/trademark-manager-large-corporation-southfield-mich.html

Key areas of accountability include supervising and facilitating an effective and efficient work flow; aligning employee objectives with business expectations; analyzing and delivering operational metrics; identifying, driving and facilitating process improvements; and leveraging Thomson Reuters tools to coach, develop and mentor team members to perform at the highest level possible at all times.The Manager, Trademark Services reports to the General Manager.Areas of Responsibility:• Provide direction, leadership and accountability for trademark docketers, including monitoring work flow; ensuring adherence to standard operating and quality assurance procedures; driving achievement of quality and timeliness metrics; and implementing changes to operating processes• Ensure 100% on-time payment of trademark renewals as instructed by clients, securing proof of rights in advance of due-date• Design and implement programs that provide a distinctive level of service to clients optimizing satisfaction, loyalty and market position• Develop and enhance relationships with foreign associates and government trademark offices worldwide• Contribute to the ongoing development of the internal payment processing system including identification, documentation and solution recommendation for functional and design requirements, and creation of comprehensive and successful testing scenarios• Motivate team members to achieve high levels of performance, including identification of training needs; execution against development plans; application of control procedures resulting in permanent corrective action; facilitating the team’s ability to cope with change• Identify, collaborate and communicate with colleagues at all levels, including development of implementation plans for IP Rules• Support the sales process• Set the strategic direction of the trademark services department Qualifications:• BA / BS required• 5+ years of increasing responsibility managing trademark matters in a law firm or corporate legal department preferred• Strong, working knowledge of IP industry, including familiarity with US, European and Madrid trademark rules• 3+ years supervisory experience preferred• 5+ years of increasing responsibility working with clients via telephone and e-mail required• Lean Six Sigma Green Belt Certification preferred• Recent experience developing continuous improvement initiatives including evaluation of current operations, data analysis and implementation of recommended solutions on time and within budget• Record of success in creating programs that drive revenue and customer satisfaction; ability to interact effectively at multiple levels, in support of customer relationships; demonstrated self-confidence, particularly with client relationships• Demonstrated ability to manage staff through leadership change with little documentation• Proven track record as a hands-on leader who understands the urgency of meeting needs across multiple dimensions• Demonstrated conflict management skills with the ability to build relationships with and influence all levels within an organization• Energetic, self-starter with ability to break through historical barriers• Excellent collaboration, communication and presentation skills; ability to effectively present information and respond to questions from groups of managers, clients, teammates and customersContact:Apply by emailing Corby Manes at Corby.Manes@thomsonreuters.com.Additional Info:Employer Type: Large CorporationJob Location: Southfield, Michigan…

Avoiding Judge Hughes

patentlyo.com/patent/2019/11/avoiding-judge-hughes.html

. There are over two dozen United States District Court Judges in the Southern District, twelve of which are located in the Houston Division.

Likelihood of Confusion for Two Businesses In Operation for 40 Years

patentlyo.com/patent/2019/01/26039.html

In this case - the particular factor being debated is Number 8 - longstanding "concurrent use without evidence of actual confusion." Here, Guild Mortgage and Guild Investment have been using their marks concurrently in Southern California for more than 40 years without any evidence of confusion.  Guild Mortgage presented testimony from its CEO to the following :… In this case, although Guild did not submit declarations from the owner of the registered mark or other parties testifying as to the absence of actual confusion, Guild nonetheless presented evidence of concurrent use of the two marks for a particularly long period of time—over 40 years—in which the two businesses operated in the same geographic market—southern California—without any evidence of actual confusion.

Pending Supreme Court Patent Cases for 2016

patentlyo.com/patent/2016/01/pending-supreme-court-patent.html

Preclusion or Jurisdiction: Alps South, LLC v. … Southco, Inc., No.

Promega v. Life Tech, pt. 2: Inducing Oneself

patentlyo.com/patent/2015/01/promega-inducement-ones.html

 Perhaps the lack of liability in this situation was an oversight in the statute, a statutory loophole.  But if so, the appropriate response would be—as was the case following Deepsouth—legislative action.  (I'm not convinced that it's necessarily a loophole, but need to think further on that point.)…

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2011/07/patently-o-bits-bytes-by-lawrence-higgins-37.html

Some of the selected courts are the; Eastern District of Texas, Northern District of Texas, Southern District of California, and Southern District of California.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2011/07/patently-o-bits-bytes-by-lawrence-higgins-51.html

Some of the selected courts are the; Eastern District of Texas, Northern District of Texas, Southern District of California, and Southern District of California.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2011/07/patently-o-bits-bytes-by-lawrence-higgins-17.html

Some of the selected courts are the; Eastern District of Texas, Northern District of Texas, Southern District of California, and Southern District of California.

Patently-O Bits and Bytes No. 53

patentlyo.com/patent/2008/07/patently-o-bi-5-3.html

If an applicant appeals a Board ruling to a district court, how does that court treat the BPAI’s facutal findings? (Please cite a case or give your experience) SC Law Review: When I was born, my dad was attending USC — that’s right the Gamecocks of South Carolina.  The South Carolina Law Review transforming to a a peer review journal and is looking for help & comments.

The difficulty of obtaining a patent — circa 1850

patentlyo.com/patent/2007/10/the-difficulty.html

I have two sons doing well at Sydney, New South Wales — single, when last heard from.

Patent Prosecution Associate – Law Firm – Multiple Locations

patentlyo.com/jobs/2013/11/patent-prosecution-associate-law-firm-multiple-locations.html

offices: Boulder, Chicago, Denver, Des Moines, Fort Wayne, Indianapolis, Minneapolis, or South Bend.

Patent Prosecution Paralegal – Small Corporation – Chicago, Ill.

patentlyo.com/jobs/2013/01/patent-prosecution-paralegal-small-corporation-chicago-ill.html

Contact: Please send your resumes to: careers@tradingtechnologies.com 222 South Riverside Plaza, Suite 1100 | Chicago, IL 60606 | http://www.tradingtechnologies.com/careers.