Week’s news headlines – Aug. 21st 2015

Use revised intellectual property laws to boost firms’ competitiveness

We hope this will be a golden opportunity for Japanese corporations to strengthen their intellectual property strategies and boost their competitiveness.

The Patent Law and the Unfair Competition Prevention Law have been revised during the current Diet session. The revised laws are expected to come into force as early as this year.

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Medicamentos, patentes e inversión pública

Hay quienes, ingenuamente, creen que el negocio de la industria farmacéutica se centra, primordialmente, en curar a las personas.

En los años80, los profesionales de la salud comenzaban a apuntar una relación indiscutible entre el cáncer de pulmón y el consumo de tabaco. Las tabacaleras, en público, no sólo no lo negaban, sino que, por el contrario, afirmaban que el acto de fumar incentivaba las relaciones sociales y la creatividad.

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La bomba de tiempo viral: medicamentos, codicia y patentes

Óscar Lanza | Algunos países desarrollados han entregado decisiones de vida o muerte a la codicia corporativa a fin de proteger sus industrias, anteponiendo la ‘salud de los negocios’ a la salud de los ciudadanos.

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Guess? Sued By Its Founder For Infringement Of Intellectual Property Rights

Designer and businessman Georges Marciano has filed a lawsuit in the United States for breach of contract and infringement of his intellectual property rights.

Although he was the founder of Guess?, Georges Marciano transferred his shares to his brothers Armand, Maurice and Paul Marciano in 1993, at which time the licence to use the Georges Marciano brand, previously granted to Guess? in 1983, was revoked.

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Federal judge blocks former Cincinnati Branch from using NAACP’s trademarks

A federal judge in the Southern District of Ohio recently issued a temporary restraining order in a dispute between the National Association for the Advancement of Colored People (NAACP) and former members of the now-inactive NAACP, Cincinnati Branch (“the Cincinnati Branch”).NAACP, Nat’l Office v. NAACP, Cincinnati Branch, No. 1:15-cv-00433-SJD (S.D. Ohio July 9, 2015).

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CAFC must end ‘existential threat’ to patents, argues Sequenom

Sequenom has requested an en banc review of the US Court of Appeals for the Federal Circuit’s decision to invalidate one of its patents in its dispute with Ariosa Diagnostics, arguing that the decision creates an “existential threat” to patent protection.

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Pfizer’s Hospira buyout approved in Australia and Canada

Pfizer’s $17 billion buyout of Hospira has been approved in Canada and Australia after the countries’ competition bureaus approved the deal.

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PC to review intellectual property laws

Australia’s Productivity Commission (PC) has long been opposed to strengthening Australia’s intellectual property rules.

Essentially, the PC’s empirical work on intellectual property has found that, as a net importer, Australians would lose more than it gained by granting stronger intellectual property rights, whether that involves:

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A Ping-Pong Table Puts Singapore’s Intellectual Property Regulation Under the Spotlight

A round ping-pong table featured at the recent Southeast Asian Games in Singapore in June became controversial because of its similarity to an art work designed by Cultural Medallion winner Lee Wen. After this incident, a group of Singaporean artists called for discourse on intellectual property practices in this country.

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Court rules on genuine use and similarity of goods of pharma trademarks

The Federal Patent Court recently held that a likelihood of confusion existed between the marks SANDTER 1953 and >SANDER<. Despite low sales volumes, the >SANDER< mark was capable of preserving rights. However, the mark was phonetically confusingly similar to the trademark SANDTER 1953.

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LG files trademarks for multiple “edge” phrases

Samsung has taken to naming some of its latest smartphones with the Edge moniker over the last several months. Edge products from Samsung all have curved edges to the screen and that edge is used to show notifications. It looks like LG wants in on the edge action and its patent attorneys have taken to trying to trademark a slew of names that all use the word “edge” in them.

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Register Your Trademarks In China, And Then Do It Again With China Customs

Every year, China Customs seizes tens of thousands of counterfeit goods destined for export from China. Nearly all of the seizures were of goods that infringed registered Chinese trademarks and that had been registered not only with China’s Trademark Office but also with Chinese Customs.




Trademark Strategies for Start-Up Companies

Most innovative start-up companies appreciate that a sound patent strategy is critical to success in the marketplace, and in making the company attractive to investors and future acquirers. But they overlook the importance of having a trademark strategy right out of the gate. Trademarks are an essential part of any successful company’s branding strategy. In addition, there are a number of reasons why an early investment in trademark strategy can have big payoffs — and avoid big headaches — down the road.

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The Trademark Woes Of Michael Jordan (And Many Others) In China

But many American companies have run into extra trouble trying to do business in China, where trademark laws are completely different than they are here in the United States.

Take a chain of shoe and athletic wear stores in China, where things might look a little familiar. Looming above the columns of shoes and rows of clothes is the store’s logo: a silhouette of a basketball player, midair, his outstretched arm holding a basketball.

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Intellectual Property Alert: Akamai v. Limelight: Federal Circuit Finds Direct Infringement of Method Claims Where Steps Performed by or Attributable to Single Entity

A unanimous en banc Federal Circuit held that, despite some of the claimed method steps being performed by Limelight’s customers, substantial evidence supported the jury’s finding that Limelight directly infringed a method claim because (1) Limelight conditioned use of its content delivery network upon customers’ performance of the remaining method steps, and (2) Limelight established the manner and timing of the customers’ performance of the steps.

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The Latest US Export: Bad Copyright Laws

Should you, a law-abiding American user of phones, tablets, laptops and other digital gadgets, worry about a complex international trade-liberalization agreement called the “Trans-Pacific Partnership”?

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‘Troll’ tops US list of litigious copyright companies

The music industry has accounted for the most ‘traditional’ US copyright cases filed over the past six years, but online video company Malibu Media topped the list of most litigious plaintiffs, a report has showed.

Malibu Media, which runs an erotic website, has filed 4,332 cases—nearly 16 times more than second-placed Dallas Buyers Club, a US-based business that owns the copyright to the film of the same name, which filed 274 cases.

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Emerging Antitrust Regulation of Intellectual Property Licensing in Asia

The explosion of patent litigation over the last decade has prompted a number of changes to the IP system overall.  From the rise in patent troll litigation to the Smartphone Global Patent Wars, and from U.S. Patent Reform Legislation (now on Round 2 – or is it Round 3?) to a multitude of U.S. Supreme Court decisions, the patent landscape has been dramatically altered in just the past several years.

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Champions Oncology Files Patents for Use of PDX Platform in Immune-Oncology

Champions Oncology, Inc. (OTC: CSBR), engaged in the development of advanced technology solutions and services to personalize the development and use of oncology drugs, today announced that it has filed two patent applications with the United States Patent and Trademark Office (USPTO) relating to the development and use of mice with humanized immune systems to test immune-oncology drugs and therapeutic cancer vaccines.

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Omeros (OMER) Plans to File Patent Infringment Suit vs. Par Pharma

Omeros (NASDAQ: OMER) in response to investor questions, announced that it plans to file a patent infringement lawsuit against Par Pharmaceutical, Inc. and its subsidiary, Par Sterile Products, LLC (Par) in response to the Abbreviated New Drug Application (ANDA) filed by Par seeking FDA approval to market a generic version of Omeros’ commercial drug Omidria® (phenylephrine and ketorolac injection) 1%/0.3%.

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Federal Circuit dismisses Samsung’s en banc request

Samsung has been rebuffed in its attempt to overturn a $548 million infringement ruling after the US Court of Appeals for the Federal Circuit refused to hear the case en banc.

Despite support from companies in the technology industry including Google, Facebook, HP and Dell, the federal circuit held firm and upheld its ruling from earlier this year that Samsung infringed three of Apple’s design patents.

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