1. Not Yet Evolved? Where is 35 USC §101 going?

    Posted on 12.12.18 Brittany Knight, on Articles, News and Events, Patent Trends & Activity

    Software is a generic term to refer to a collection of data or executing code used by a computer to implement arithmetic operations or logical operations. Back in 1936, Allen Turing, in his landmark paper On Computable Numbers proposed the capable use of instructions (i.e. software) to execute functions through his Turing Machine, an early precursor of the general purpose computer[1]. Today the modern computer is instrumental for complex computations, data analytics, high-powered graphing, simulations, and so on. Although, the development and use of software for these computer functions has become mainstream, determining the patent eligibility of software inventions under 35 USC §101 has been less intuitive.

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  2. Don’t Say It Like That: Beyonce’s Punny Trademark Battle

    Posted on 20.11.18 Frederick Spaeth, on News and Events, Trademarks

    In her album Destiny’s Child, Beyoncé sang “Say My Name,” but she might be hearing “No, No, No” from a company that markets merchandise to the newly betrothed, which styled itself “Feyonce Inc.” In a suit filed in the Federal district court for the Southern District of New York, Beyoncé asserted trademark infringement and dilution, unfair competition, and unjust enrichment, and sought partial summary judgment and entry of a permanent injunction against continued use of the name.

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  3. Assignor Estoppel & Inter-Partes Review: Arista Networks, Inc. v. Cisco Systems, Inc.

    Posted on 13.11.18 William Reid, on Articles, News and Events, Patent Related Court Rulings

    Arista Networks, Inc. (Arista) petitioned for an IPR of Cisco Systems, Inc.’s (“Cisco”) patent, U.S. 7,340,597, relating to protecting computer network systems from outside attack using a logging module.[1] Claims 1 and 29 are as follows:

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  4. Alexa, Play Some Music

    Posted on 30.10.18 Frederick Spaeth, on News and Events, Recent News & Articles

    President Trump has now signed into law the much-anticipated Music Modernization Act (MMA). This law updates the terms and mechanism under which music publishers can distribute sound recordings and, by paying into a statutory licensing program, be shielded from lawsuits by songwriters, recording artists and record companies for infringing their copyrights.  Commercial music licensing is enormously complex, but to illustrate one reason why an update to current laws was needed, consider this excerpt from the House of Representatives Report for the House version of the bill (H.R. 5447):

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  5. Dilworth IP Invests in the Future: Internship Program Offers IP Experience to Next Generation of Local Scientists

    Posted on 28.08.18 Thomas Pia, on Announcements, News and Events, Recent News & Articles

    Dilworth IP’s Technology Specialist Internship Program has recently received attention from two of Connecticut’s leading academic institutions, Yale University and the University of Connecticut.  These pieces can be found HERE and HERE, respectively.

    Beginning in 2014, the firm’s Technology Specialist Internship Program has been designed to provide Ph.D. level scientists interested in a career in intellectual property law hands-on industry experience.  Since then, nine individuals have participated in the program, gaining a solid foundation in intellectual property law while fortifying Dilworth IP’s technological expertise.  “IP Law is unique in its intimate relationship with the sciences” said Dilworth IP Founder & Managing Partner, Michael Dilworth. “In creating the Technology Specialist position, we wanted to be able to offer young scientists experience in a field they may not have immediately considered. In exchange, the firm benefits from their incredible expertise in a variety of new and exciting cutting-edge technologies.”  

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  6. Asserting a Trade Secrets Case Under Seal

    Posted on 31.07.18 Frederick Spaeth, on Articles, News and Events

    Dur-A-Flex, Inc., based in East Hartford, is preparing for trial on a trade secret misappropriation case in May 2018, in Hartford Superior Court (HHD-CV14-6049281-S).  In January, Dur-A-Flex filed a Motion to Seal, asking the court to close the courtroom and seal the record to the named defendant for a key portion of the trial – the part where Dur-A-Flex discloses the trade secrets it accuses the defendant of having taken.

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  7. Dilworth IP Runs in Support of the Hole in the Wall Gang

    Posted on 16.05.18 Thomas Pia, on Announcements, News and Events

    The Dilworth IP Team is very excited to support the Hole in the Wall Gang, a charitable organization founded by Paul Newman in 1988 which runs camps and various other programs across the Northeast for seriously ill children and their families to enjoy free of charge. On June 2nd, team members Michael Dilworth, Guinevere Ngau, Bill Reid, Theresa Reid and Thomas Pia will be running in a 5K race on behalf of Dilworth IP to raise money for the charity. “We are all very enthusiastic about supporting this cause,” said Michael Dilworth, Dilworth IP’s Founding Partner, “when children need serious medical attention, it is obviously so important that everything is done to provide that attention to them. Our instinct to help in that way is a good thing, but we also need to make sure that their whole childhood is not completely consumed by their illness. I am very moved by the idea of giving every kid—regardless of their illness—an opportunity to experience the joys of chi

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  8. Updates from the USPTO on Subject Matter Eligibility

    Posted on 15.01.18 Shin Hee Lee, on News and Events, Patent Resources, Recent News & Articles

    On January 4th, the U.S. Patent and Trademark Office updated their webpage on subject matter eligibility with two new supplementary documents providing further guidance under 35 U.S.C. §101. The two new documents are useful summaries and references for practitioners and others having an interest in the area. The two documents, which are briefly described below are:

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  9. Dilworth IP Presents at the SAPA-CT 4th Annual Conference

    Posted on 12.10.17 Thomas Pia, on Biotech/Pharma, News and Events, Recent News & Articles

    Dr. Anthony Sabatelli and Dr. Jing Zhou of Dilworth IP presented a talk entitled “Pharmaceuticals: At the Intersection of Patent and Regulatory Law” at the SAPA-CT 4th Annual Conference on Saturday, October 7th. The Sino-American Pharmaceutical Professionals Association (SAPA) was founded in 1993 as an independent and nonprofit organization seeking to bridge the U.S. and Chinese pharmaceutical worlds by providing training in drug research and development, creating a broad network, and hosting delegations from China. The theme of this year’s conference was “Adapting to the Changes in Biotech/Pharmaceutical Industry” and was held at the Yale School of Management from 8:00 am to 6:30 PM.

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  10. Upcoming Free Webinar: Strategic Approaches for Drafting NDAs

    Posted on 12.10.17 Thomas Pia, on News and Events, Webinar

    Frederick A. Spaeth, Partner at Dilworth IP, will be hosting a FREE webinar on Wednesday, November 1st at 1:00 PM (EDT). This installment in the Dilworth IP Webinar Series is entitled Strategic Approaches for Drafting NDAs: A Critical Look at ‘Standard’ Clauses and Current Trends – A 2017 Update, and will focus on providing helpful strategies for properly structuring Nondisclosure Agreements (NDAs). NDAs are used everywhere: in business, politics, religious organizations, government, etc. Templates are easy to find, but experienced users will attest that there is no universal ‘standard’ NDA. In practice, an NDA should be tailored to the situation at hand and to meet the needs of the parties involved. Otherwise, the parties may be left with an ill-fitting agreement that doesn’t reveal its flaws until a dispute is brewing. This webinar will take listeners beyond a ‘one-size-fits-all’ view for a detailed look at how an NDA can and should be structured. The discussion will touch on choosing clauses to insist on and those to let go, on agreement language that goes without saying but should sometimes be said nonetheless, on non-standard clauses for specific situations, and on recognizing when the terms needed in an NDA may be dictated by external factors. The influences of recent laws, such as DTSA (Defense of Trade Secrets Act of 2016), will be discussed as well.

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