Patents
UK Supreme Court says regardless of Article 2, doctrine of equivalents exists under UK patent law
On 12 July 2017 in Actavis UK Limited & others v. Eli Lilly and Company [2017] UKSC 48, the UK Supreme Court (“UKSC”), in reversing both the High Court and the Court of Appeal, addressed the extent to which under the European Patent Convention 2000 (“EPC 2000”), a patentee may obtain protection against products or processes that are not covered by the literal meaning of the claims
http://www.ipwatchdog.com/2017/08/14/uk-supreme-court-doctrine-equivalents-exists-uk-patent-law/id=86677/
Patent ‘gold rush’ to blame for patent sharks, patent trolls
The present attention shown to the purported scourge of non-practicing entities, or “patent trolls,” especially in the realm of tech and software patents, may give the impression that this is a relatively new issue caused by factors unique to the rapid rise of the Internet
http://www.ipwatchdog.com/2017/08/13/patent-gold-rush-patent-sharks-patent-trolls/id=86649/
Should I File a Patent Application Before Licensing the Invention?
I am frequently asked by inventors whether they should file a patent application before seeking to license their invention
http://www.ipwatchdog.com/2017/08/12/file-a-patent-application-before-licensing-invention/id=86745/
Patents set on fire at USPTO protest
US Inventor, an organisation dedicated to improving the patent system and the co-ordinators of the protest, had failed to obtain a permit from the US Patent and Trademark Office (USPTO) but went ahead anyway.
http://www.worldipreview.com/news/patents-set-on-fire-at-uspto-protest-14448
BT and Valve patent clash dismissed
BT sued Valve back in July last year, accusing the developer of wilfully infringing four patents: US numbers 6,578,079; 6,334,142; 6,694,375; and 7,167,142
http://www.worldipreview.com/news/bt-and-valve-patent-clash-dismissed-14457
UK Supreme Court says regardless of Article 2, doctrine of equivalents exists under UK patent law
On 12 July 2017 in Actavis UK Limited & others v. Eli Lilly and Company [2017] UKSC 48, the UK Supreme Court (“UKSC”), in reversing both the High Court and the Court of Appeal, addressed the extent to which under the European Patent Convention 2000 (“EPC 2000”), a patentee may obtain protection against products or processes that are not covered by the literal meaning of the claims
http://www.ipwatchdog.com/2017/08/14/uk-supreme-court-doctrine-equivalents-exists-uk-patent-law/id=86677/
Federal Circuit upholds PTAB invalidation of podcasting patent despite district court infringement finding
On Monday, August 7th, a judicial panel of the U.S. Court of Appeals for the Federal Circuit entered a decision in Personal Audio, LLC v. Electronic Frontier Foundation which is being widely hailed by the anti-patent crowd
http://www.ipwatchdog.com/2017/08/14/federal-circuit-upholds-ptab-invalidation-podcasting-patent-despite-district-court-infringement/id=86692/
Marathon Patent restructuring will put Fortress subsidiary in charge of patent monetization
On Wednesday, August 9th, Los Angeles, CA-based Marathon Patent Group (NASDAQ:MARA) filed a Form 8-K with the U.S. Securities and Exchange Commission
http://www.ipwatchdog.com/2017/08/15/marathon-patent-restructuring-fortress-subsidiary-patent-monetization/id=86737/
Nintendo Switch gaming console is at center of patent infringement suit filed by Gamevice
On Wednesday, August 9th, Japanese consumer electronics and gaming company Nintendo Co. (TYO:7974) was hit with a patent suit in U.S. district court over allegations that its Nintendo Switch video game console infringes upon claims of a patent held by Simi Valley, CA-based video game equipment developer Gamevice Inc.
http://www.ipwatchdog.com/2017/08/16/nintendo-switch-gaming-console-patent-infringement-suit-filed-gamevice/id=86799/
Is being called a ‘patent troll’ defamatory? NH inventor files suit against banking industry to find out
For the better part of the nearly 250 years of the existence of the United States of America, the U.S. patent system has been one in which inventors could be reasonably sure that their private property rights covering technological innovation would be respected and enforced
http://www.ipwatchdog.com/2017/08/15/patent-troll-defamatory-nh-inventor-files-suit-banking-industry/id=86857/
High patent quality standard adversely impacts all inventors
In the second article of this series, I showed that the high patent quality standard has caused U.S. to quickly lose technological advantages in the world
http://www.ipwatchdog.com/2017/08/15/high-patent-quality-standard-adversely-impacts-inventors/id=86412/
The Problem of Patent Valuation
The anti-patent narrative views patent quality as the major nexus that distinguishes bad patents from good patents
http://www.ipwatchdog.com/2017/08/15/problem-patent-valuation/id=86840/
Federal Circuit overturns computer memory patent finding
The patent, US number 5,953,740, is owned by Visual Memory and is called “Computer memory system having programmable operational characteristics based on characteristics of a central processor”
http://www.worldipreview.com/news/federal-circuit-overturns-computer-memory-patent-finding-14465
Federal Circuit stays on track to award $2.5m in rail patent case
The US Court of Appeals for the Federal Circuit has affirmed a district court decision ordering engineering company Holland to pay $2.5 million to Georgetown Rail Equipment Company for patent infringement
http://www.worldipreview.com/news/federal-circuit-stays-on-track-to-award-2-5m-in-rail-patent-case-14471
Director’s Forum: A Blog from USPTO’s Leadership
Dream to Reality – Helping Inventors Patent New Technologies
https://www.uspto.gov/blog/director/entry/dream_to_reality_helping_inventors
Does anyone at Mapbox understand the company’s patent filing activities?
At the July 13th hearing of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet, Mapbox staffer Tom Lee had some rather explosive things to say about patents.
http://www.ipwatchdog.com/2017/08/17/does-mapbox-understand-patent-filing-activities/id=86794/
Federal Circuit says computer memory system claims patent eligible, not abstract
Yesterday, in Visual Memory LLC v. NVIDIA Corp., the United States Court of Appeals for the Federal Circuit once again issued the rare decision finding a computer-implemented invention (i.e., software) to claim patent eligible subject matter
http://www.ipwatchdog.com/2017/08/16/federal-circuit-computer-memory-system-patent-eligible/id=86925/
Testing a Patent Claim against an Abstract Idea, in Response to 35 USC §101 Rejection
United States Patent and Trademark Office (USPTO) rejection of a patent claim, alleging the claim is not significantly more than an abstract idea under 35 USC §101, is a frequent and often frustrating occurrence during patent examination of claims in any technology that involves computers, controllers or processors
http://www.ipwatchdog.com/2017/08/16/testing-patent-claim-abstract-idea-response-35-usc-%C2%A7101-rejection/id=86881/
Nintendo Switch gaming console is at center of patent infringement suit filed by Gamevice
On Wednesday, August 9th, Japanese consumer electronics and gaming company Nintendo Co. (TYO:7974) was hit with a patent suit in U.S. district court over allegations that its Nintendo Switch video game console infringes upon claims of a patent held by Simi Valley, CA-based video game equipment developer Gamevice Inc.
http://www.ipwatchdog.com/2017/08/16/nintendo-switch-gaming-console-patent-infringement-suit-filed-gamevice/id=86799/
CAFC denies Amgen discovery in biosimilar patent dispute
In a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the Federal Circuit found that it lacked jurisdiction to compel discovery in the district court
http://www.ipwatchdog.com/2017/08/18/cafc-denies-amgen-discover-biosimilar-patent-dispute/id=86996/
Samsung reaches settlement over noise-cancelling patents
A company that sued both Apple and Samsung for patent infringement has announced that it has reached a settlement with Samsung
http://www.worldipreview.com/news/samsung-reaches-settlement-over-noise-cancelling-patents-14478
Expedia cleared of wrongdoing in Federal Circuit patent dispute
In its ruling (pdf), handed down yesterday, August 18, a three-judge panel cleared Expedia of any wrongdoing, after it was sued by Cronos Technologies
http://www.worldipreview.com/news/expedia-cleared-of-wrongdoing-in-federal-circuit-patent-dispute-14480
Trademarks
Edwardsville Pierogi Festival alleges tortious interference over trademark allegations made by Whiting Pierogi Fest
Pierogi, dumplings typically filled with savory ingredients of Central and Eastern European descent, are a cause for celebration
http://www.ipwatchdog.com/2017/08/12/edwardsville-pierogi-festival-alleges-tortious-interference-trademark-allegations-whiting-pierogi-fest/id=86507/
Free speech: where to draw the line
The US Supreme Court’s ruling in Matal v Tam said it was unconstitutional for trademarks to be blocked on grounds of disparagement, in a win for free speech. What impact will it have, and who are the real winners? WIPR finds out
http://www.worldipreview.com/article/free-speech-where-to-draw-the-line
Protest Site Grounded for Using Adulterated Trademarks
In United Airlines, Inc. v. Cooperstock, 2017 FC 616, the Federal Court of Canada enjoined a disgruntled traveler from using colorable variations of United Airlines’ trademarks on a protest website he set up at www.untied.com
http://www.thebrandprotectionblog.com/protest-website-grounded/
Trump taken down in trumpet trademark battle
The saga began with the filing of the mark ‘iTrump’ for “computer software for use in producing sound” in international class 9, in 2010
http://www.worldipreview.com/news/trump-taken-down-in-trumpet-trademark-battle-14464
Design filings jumped 55% in 2016: UKIPO
Applications for trademarks and registered designs increased last year in the UK, while patent applications dropped slightly
http://www.worldipreview.com/news/design-filings-jumped-55-in-2016-ukipo-14467
Expanded protection for cheese, ham and beer
September 21, 2017 will mark the provisional entry into force of the Comprehensive Economic and Trade Agreement (CETA). In Canada, Bill C-30 was introduced on October 31, 2016 to implement CETA. One of the primary objectives of CETA is that it will eliminate over 98% of customs fees imposed on goods between the EU and Canada
http://www.worldipreview.com/contributed-article/expanded-protection-for-cheese-ham-and-beer
Poundland and Mondelēz go to war over Toblerone lookalike
Last month, Poundland reportedly delayed the launch of its lookalike, called Twin Peaks, after a dispute with Mondelēz
http://www.worldipreview.com/news/poundland-and-mondelez-go-to-war-over-toblerone-lookalike-14473
Coachella sues film festival despite ‘appreciating its enthusiasm’
In a complaint (pdf) filed at the US District Court for the Central District of California on Tuesday, August 15, Coachella said it “appreciates the enthusiasm shown by defendants”, but wants them to use a “distinctive name of their own”
http://www.worldipreview.com/news/coachella-sues-film-festival-despite-appreciating-its-enthusiasm-14472
Nestlé in hot water with Atari over KitKat advert
Confectionery company Nestlé has landed in hot water with Atari, a pioneer in arcade games, over Nestlé’s “blatant invasion and misappropriation” of Atari’s IP rights to the game “Breakout”
http://www.worldipreview.com/news/nestle-in-hot-water-with-atari-over-kitkat-advert-14477
SCOTUS asked to consider whether ‘Google’ trademark is generic
Two men are trying to take a case to the US Supreme Court to prove that Google has become a generic term that can’t be protected under trademark law
http://www.worldipreview.com/news/scotus-asked-to-consider-whether-google-trademark-is-generic-14476
Counterfeiting
Harley-Davidson continues fight against counterfeiters
The complaint was filed at the US District Court for the Northern District of Illinois on Friday, August 11
http://www.worldipreview.com/news/harley-davidson-continues-fight-against-counterfeiters-14450
Costco ordered to pay damages over counterfeit Tiffany rings
Wholesaler Costco has been told it must pay an initial sum of $8.2 million to jewellery company Tiffany for unlawfully using its trademark on rings
http://www.worldipreview.com/news/costco-ordered-to-pay-damages-over-counterfeit-tiffany-rings-14458
BREIN helps shut down Facebook group offering illegal sheet music
Dutch anti-piracy association BREIN has helped shut down a Facebook group offering illegal sheet music
http://www.trademarksandbrandsonline.com/news/brein-helps-shut-down-facebook-group-offering-illegal-sheet-music-5057
Blockchain: keeping track of the digital ledger
There are many unanswered questions about exactly how the disruptive technology blockchain will work in practice, but there are likely to be implications for IP, as WIPR finds out
http://www.worldipreview.com/article/blockchain-keeping-track-of-the-digital-ledger
Copyrights
Cards Against Humanity granted injunction in copyright and TM claim
A US judge has granted the owners of card game Cards Against Humanity an injunction against Skkye Enterprises, a company accused of selling counterfeit versions of the game
http://www.worldipreview.com/news/cards-against-humanity-granted-injunction-in-copyright-and-tm-claim-14447
Toronto Real Estate Board Dispute Shows Awkwardness of Copyright Protection for Databases
Legal protection for databases in Canada is, perhaps surprisingly, a little convoluted. In some jurisdictions, unique database rights have been legislated
http://www.ipwatchdog.com/2017/08/17/toronto-real-estate-board-copyright-protection-databases/id=86844/
Intellectual Property
Trump asks USTR to assess options over Chinese IP theft probe
US President Donald Trump has signed a memorandum asking the US trade representative (USTR) Robert Lighthizer to assess whether an investigation into Chinese IP theft is necessary
http://www.worldipreview.com/news/trump-asks-ustr-to-assess-options-over-chinese-ip-theft-probe-14456
China maps out IP business plan for foreign investors
The country’s State Council announced its plans yesterday, urging governments and departments to build a “legal, international and convenient environment for foreign businesses”
http://www.worldipreview.com/news/china-maps-out-ip-business-plan-for-foreign-investors-14470
Alibaba reveals updates to IP protection platform
Chinese e-commerce company Alibaba has revealed “significant” enhancements to its IP protection (IPP) platform
http://www.trademarksandbrandsonline.com/news/alibaba-reveals-updates-to-ip-protection-platform-5055
Industrial Design
USPTO invalidates Crocs clog design patent
According to a press release from rival USA Dawgs, published on Thursday, August 10, US patent number D517,789 was invalidated for the third and final time
http://www.worldipreview.com/news/uspto-invalidates-crocs-clog-design-patent-14459
Domain Name
Canada Goose tries to take back .com domain
Winter-wear clothing company Canada Goose has attempted to take back a domain name that it claims is misleading consumers
http://www.trademarksandbrandsonline.com/news/canada-goose-tries-to-take-back-com-domain-5056