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IP AND business Law Offices of
Howard L. Hoffenberg, Esq.
(Since 1999)
Tomorrows Finest TodayRSM
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GUIDES
PUBLICATIONS
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Computer Implemented
Business Method Patent Eligibility: H. Hoffenberg, Patent Eligibility
Computerized Business Methods, IP Today, AUG 2012.pdf
EDITORS NOTE: The US Supreme Court built on the Federal Circuit
decision discussed in the article; however, the article is still good
reading to get an historical perspective of the law.
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Domain Names:
H. Hoffenberg, Trademark Use in Domain Names, Los Angeles and
San Francisco Daily Journal, (July 21, 2010)
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Copyright Infringement: Fair Use Carve Out to
Infringement published in the Los Angeles Lawyer (2016)
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Injunction
Contempt: Hoffenberg, Howard, Federal Circuit Revamps the Law on Contempt
of an Injunction Prohibiting Patent Infringement, IP Today (June 2011)
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Intellectual Property: H. Hoffenberg, Pointers
on Trying Intellectual Property Cases, New Matter (Official Publication
of the State Bar of California Intellectual Property Section)
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Insurance
Coverage: H. Hoffenberg, Bypassing An
Insurance Exclusion For Trademark Infringement, Los Angeles and San
Francisco Daily Journal (January 6, 2010)
EDITORS NOTE: This article could provide insights to certain
defendants in getting insurance coverage.
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Patents: H
Hoffenberg, Federal Circuit Rules Affirmative on the Patentability of
Diagnostic Methods After Bilski, IP
Today (February, 2011)
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Patents: H.
Hoffenberg, Will the patentability of genes survive, Nature
Biotechnology, Nature Publishing Group (September, 2010)
EDITORS NOTE: The US Supreme Court has issued its decision on the
topic, so as the court of last resort in Australia issues its decision on
the topic and the law around the world is not uniform. Further, law is
always in flux and even the US Supreme Court can revisit an issue and
change its pronouncement of the law. The article is still a worthwhile
read.
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Patents: H.
Hoffenberg, Public Empowered to Claim False Marking, Daily Journal Los
Angeles, vol. 123, No. 8 (January 8, 2010) p. 6
EDITORS NOTE: Congress changed the statute; however, the article is
still a good read to get an historical perspective on the law.
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Patents: H. Hoffenberg, The Federal Circuit
Strikes Again in EnzoBiochem: The Latest on the
Written Description Requirement for Valid BioTech
Patents, IP Today, vol. 9, No. 6 (June, 2002) p. 6 (Decision reversed;
nonetheless, the article is still instructive)
EDITORS NOTE: On
October 5, 2017, the United States Court of Appeals for the Federal
Circuit made its latest pronouncement on the requirements for claiming in
a patent a genus in a case styled Amgen v. Sanofi. More particular, the Amgen
court addressed claiming a genus of monoclonal antibodies. This latest
decision revives written description law from Enzo Biochem
I and makes the foregoing article a valuable read, bearing in mind that
in Enzo Biochem II the court held that
depositing a sample of a monoclonal antibody with a repository could
satisfy the written description requirement for that species of antibody.
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Patents: The Lancing Blow to Patent Infringement
Litigation in the ED Texas (published on social media)
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Hoffenberg, Howard, Federal Circuit … [on] …
Divided Patent Infringement, Daily Journal Los Angeles, vol. vvv, No. nnn (January 2,
2020) p. ppp
EDITORS NOTE:
Email
dated 2020-01-10 from Jeremy Ellis at ReprintPros
to Howard Hoffenberg regarding that “[t]hese
prices apply … All reuse of Daily Journal content must go through ReprintPros
Email
dated 2020-01-10 from Ben Armistead at the Daily Journal to Howard
Hoffenberg regarding that I [Armistead] cannot send an electronic copy to
post to your website
In furtherance of
the admirable cause of the flow of information anyone is invited to start
a Go Fund Me page to pay ReprintPros
prices
Please
note that the Daily Journal paid no money for the article and there is no
budget to fees to ReprintPros.
Letter
dated 2020-01-17 from Howard Hoffenberg to Christopher Poole (JAMS CEO)
regarding a clarification of rules
Letter
dated 2020-01-19 from Hoffenberg to the Electronic Frontier Foundation
regarding amending Labor Code Section 2750.3 to protect the flow on the
Internet of content that is provided for free
Letter
dated 2020-01-09 from Hoffenberg to California Senator Jerry Hill and the
Standing Committee on Labor, Committee Assistant Public Employment and
Retirement regarding fixing California Labor Code Section 2750.3 to the
satisfaction of journalist and authors
Letter
dated 2020-01-09 from Hoffenberg to Assembly Member Ash Kalra and the Committee on Labor and Employment
regarding fixing California Labor Code Section 2750.3 to the satisfaction
of journalist and authors
Letter
dated 2020-01-28 from Hoffenberg to Senator Bates regarding making
SB867,8 passable with a provision for open internet access to public service
content by freelancers
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The article pertained to the
decision of the U.S. Court of Appeals for the Federal Circuit in Syngenta
Crop Prot., LLC v. Willowood, LLC,
2019 U.S. App. LEXIS 37411 (Dec. 18, 2019). Typically, patent
infringement is prosecuted under 35 USC Section 271(a). In an issue of
first impression, the Syngenta court held that patent infringement
prosecuted as a violation of 35 USC Section 271(g) was applicable to both
imported and domestic goods, that Section 271(g) focused upon a product made by a process (i.e., not the process) and accordingly,
divided infringement was inapplicable. Hence, an end run around the
obstacle of divided patent infringement.
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A Trademarks: A Primer on What Incontestability
is Good For, Eligibility and How to Get It (published on
social media)
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Trademarks: H.
Hoffenberg, Victorias Secret Wins Trademark
Anti-Dilution Case, Daily Journal Los Angeles, vol. 123, No. 105 (June 2,
2010) p. 5
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Trademarks: Howard Hoffenberg, Cost Conscious Procedures
for Challenging a Competitors Trademark Registration or Patent
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