Patently O

SEPTEMBER 21, 2022

The chart above shows the number of disclaimed/dedicated patents per year going back to 1995. Every year it has been a relatively small number, and for each instance there is usually some strategic reason for the disclaimer. As you can see, FY2022 is figuratively off the charts–almost triple any year since 2005.

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Patently O

APRIL 10, 2022

1, 2022), shows us subtle dividing lines between applicant statements (1) that create a disclaimer compared with those (2) that are merely helpful for interpretation. Similarly, a patentee may disclaim or disavow claim scope. I see disclaimer as an examination failure. Nintendo Co., 2022 WL 982246 , — F.4th Raytek Corp. ,

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Construction Court Litigation Litigating 81

HowAppealing

MARCH 2, 2023

“Caring About ‘Fairness’ Is a Political Choice; The Supreme Court’s conservatives have spent their careers disclaiming the relevance of ‘fairness’ in legal analysis; Now, though, a Democratic president is trying to do something they don’t like”: Jay Willis has this post at Balls and Strikes.

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Legal Legal Court 100

Law 360

JULY 10, 2024

Patent and Trademark Office has received heated feedback regarding its proposal to make follow-on patents easier to invalidate, with drug pricing advocates applauding it, top technology and pharma companies decrying it, and high-profile officials calling the proposal an overstep of the agency's authority.

Technology 98

Technology 98

Patently O

NOVEMBER 16, 2022

Trend Micro includes a big discussion on treatment of disclaimers. The court noted that the statements could be reasonably interpreted in more than one way and thus failed to meet the high burden of prosecution disclaimer. The statute does discuss disclaimer under Section 253, but this is disclaimer of a claim as a whole.

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Construction Statute Court Laws 56

JURIST

JULY 20, 2022

Russian media regulator Roskomnadzor (RKN) Wednesday said that it will require search engines to add a disclaimer to all Wikimedia Foundation search results, including Wikipedia, to warn internet users about its violation of Russian law, specifically concerning Russia’s invasion of Ukraine.

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Government Technology Court Laws 211

Law 360

MAY 22, 2024

Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

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Litigation Litigating 52

Law 360

JULY 15, 2024

Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler. Universities and startups are ill-suited to follow the U.S.

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Attorney 52

Patently O

JULY 9, 2024

Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. That seems entirely consistent with the purpose of the terminal disclaimer.

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Litigation Litigating Law School Drafting 119

Law 360

MAY 13, 2024

The U.S. (..)

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Lawyer Lawyers 52

Patently O

MAY 10, 2024

by Dennis Crouch In a recent post , I discussed major proposed changes to terminal disclaimer practice that could significantly impact the landscape of patent law. utility patents bound by a terminal disclaimer. The result then is that in 2023 almost 60,000 utility patents were bound by a terminal disclaimer.

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Laws 52

Patently O

DECEMBER 17, 2021

I’m trying an open authorship model for a new short paper asking the question: Is it Time to Eliminate Terminal Disclaimers ? I just wrote 150 words, and so it is 3% of the way toward a 5,000 word goal. If we get to 5,000 coherent words, then I’ll make sure it gets published — probably in some fancy law journal.

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Laws 56

Patently O

MAY 31, 2024

. – DC 6/1/24] by Dennis Crouch As I have previously discussed on Patently-O, the USPTO recently issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in the realm of terminal disclaimers filed to overcome non-statutory double patenting rejections. 102 or 103). 282 and 35 U.S.C. §

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Small Business Statute Court Laws 49

Patently O

SEPTEMBER 25, 2024

One speaker noted that the USPTO terminal disclaimer rules were already in effect. Terminal disclaimers filed today are not bound by the potential rule that appears to be intended to apply only prospectively to new terminal disclaimers filed after the rule goes into effect. That is not true.

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Patently O

JULY 8, 2024

The judge-made doctrine of obviousness-type-double-patenting (ODP) took care of this type of patent misuse by nullifying later-expiring patents absent a “terminal disclaimer” filed by the patentee that disclaims any extra patent term. And, where the later-expiring patent is not subject to a terminal disclaimer.

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Statute Technology Court 118

Hoban Law Group

JUNE 8, 2021

among various other statements and disclaimers. As you might suspect, several states require the label of hemp-derived products include a disclaimer concerning use or handling by children (e.g., Keep out of the reach of children,” “Not intended for persons under the age of 18”), as well as disclaimers concerning THC content.

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Government Laws Attorney 111

Patently O

OCTOBER 12, 2021

” The courts found this clear prosecution history disclaimer and so the location term is properly construed to require “not merely a position in a grid pattern.” Rather its location sense was more “adaptable” and “refined.”

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Litigating Litigation Construction Technology 61

FDA Law Blog

APRIL 13, 2025

Not surprisingly, these disclaimers were simply not enough. Echoes from Past Warnings The disclaimers included on the website were likely derived from FDA commentary on previously submitted marketing pieces. In that case, as in this instance, the inclusion of disclaimers did not mitigate the misleading impression left by the claims.

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Healthcare 52

Patently O

JULY 9, 2024

The article shows the growing prevalence of double patenting, with terminal disclaimers now being filed for over 15% of all patents, over 50% of litigated patents, and 60% of Orange Book patents covering FDA-approved drugs. Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting, 89 Fed. ” Mark A.

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Drafting Litigation Litigating Laws 108

Attorney at Work

JUNE 29, 2022

Still, with appropriate disclaimers, you can refer clients and prospects to your article. You can monitor your article for errors, but you probably don’t have time for that, let alone the time to re-edit. And somebody can change it right back. Presumably, you will also direct them to your other publications on the subject.

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Personal Injury Lawyer Real Estate Personal Injury Lawyer 285

JURIST

MARCH 24, 2021

However, Caesars notes that such an exception is not present in their own policies, which provide that all risks are covered unless they are explicitly disclaimed. Many insurance policies have added virus exclusions or waivers to their policies following the SARS outbreak in 2002.

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Entertainment Contract Legal Legal 197

Broadcast Law Blog

DECEMBER 5, 2022

Last week, the Federal Election Commission (FEC) adopted new disclaimer requirements for internet-based political advertising, including the identification of the ad sponsor. The new rules also describe the disclaimers that will be required on internet communications once the new rules become effective.

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Attorney 52

Patently O

JANUARY 6, 2021

ABS did not pursue an appeal, and expressly “disclaim[ed] such an appeal.” The simple story here is that Cytonome sued ABS for infringement of the ‘161 patent but lost on summary judgment of non-infringement. The PTAB did side with the patentee on two of the claims — finding that they had not been proven obvious.

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Court 61

LegalReader

MARCH 10, 2021

Whenever a product is out for sale, it is the responsibility of the manufacturer and the brand to disclose all the hazards, warnings, risks, and disclaimers related to the product.

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Manufacturing Personal Injury Litigating Litigation 105

NCBA Law Practice Management Blog

MARCH 3, 2020

As to (1), utilizing a disclaimer, including clickthrough web disclaimers, and sending nonengagement letters to leads who do not become clients, solves for keeping the lead apprised of her status, and making certain that an attorney-client relationship doesn’t attach.

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Law Firm Law Firms Lawyer Lawyers 130

Mondaq

SEPTEMBER 7, 2021

Patent and Trademark Office require you to make a disclaimer in your application to register a mark, what does it mean, and when can you resist doing so? When can the U.S.

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Mondaq

AUGUST 5, 2021

June 16, 2021), the PTAB held that disclaimed claims should be considered for post-grant review eligibility. In Microsurgical Tech., Regents of the Univ. of Colorado, No. PGR2021-00026, Paper 12 (P.T.A.B.

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JURIST

FEBRUARY 24, 2022

Most importantly, the guidelines require a disclaimer to prominently accompany all advertisements for VDAs and VDA exchanges. The disclaimer must equal at least 20 percent of the total advertising space in print or static and at least five seconds in video. It must also feature in audio and social media advertisements.

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The IP Law Blog

APRIL 13, 2023

The complaint states that the advertisement did not feature any logos or trademarks of the NFL, the Raiders, or any other sports teams, and the disclaimer on the Dimopoulos Law Firm website and YouTube page make it clear that the firm is not affiliated with the NFL.

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Law Firm Law Firms Sports Laws 98

NCBA Law Practice Management Blog

AUGUST 9, 2024

Ask for basic information; confirm the case type; offer the click-through disclaimer. Law firms tend to generate short initial intake forms, which is great – because legal consumers don’t want to jump through a lot of hoops before they’re allowed to talk to their potential attorney. and, get out.

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Law Firm Law Firms Personal Injury Lawyer Laws 147

Patently O

JULY 10, 2024

Google Sheets Link.

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JURIST

APRIL 25, 2022

Russia’s Justice Ministry Friday designated popular activist Vladimir Kara-Murza as a “foreign agent,” which means he will have to file elaborate financial disclosures and add a disclaimer to all his public messages on social media or otherwise.

Finance 197

Finance Lawyer Lawyers Laws 197

Mondaq

MAY 12, 2022

In what may be one of the biggest wastes of time in the history of trademark jurisprudence, the Board reversed the USPTO's requirements that LEGO disclaim the word KID,

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Above The Law

MARCH 20, 2025

But before we dive in, lets get the disclaimer out of the way: As with any important financial and tax decisions you are making, please consult your tax and financial professionals for specific advice as it relates to your situation. Im not talking about the hottest stock or crypto coin.

Law Firm 108

Law Firm Law Firms Laws Lawyer 108

Attorney at Work

APRIL 5, 2022

That “Please excuse typos this was sent from my iPhone” disclaimer doesn’t cut it with clients — or your colleagues. Careful thinking and clear writing don’t happen when you’re rushing to get something off your plate and onto someone else’s. And don’t forget to take the time to proofread and edit. Be Prompt.

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Lawyer Lawyers Legal Legal 269

The Fashion Law

MAY 18, 2021

In addition to being protected by the First Sale Doctrine, S+D alleges that it uses an array of “disclaimers” to alert consumers that it and its products are “not affiliated with Chanel,” thereby, removing the likelihood of confusion.

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Court Laws Litigation Litigating 98

Attorney at Work

NOVEMBER 1, 2022

Note that you will need to include a disclaimer for how you will use any contact information and provide a way to unsubscribe from your mailing list. Offering gated content means that visitors can have free access to the information so long as they provide basic contact information, like an email address or phone number.

Law Firm 265

Law Firm Law Firms Education Legal Services 265