Week’s news headlines – June 9, 2017

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Xiaomi open to another patent mega-deal if the right opportunity presents itself
It has been about a year since Xiaomi completed one of the larger single patent acquisitions made by an emerging Chinese tech company

Japan Patent Office Reverses Initial Refusal of ‘Gotham City’ Trademark
The Appeal Board of Japan Patent Office (JPO) has reversed an initial decision by JPO examiner to refuse the mark GOTHAM CITY with a logo, and ordered to grant protection for the mark by decision of March 14, 2017 [Appeal case no. 2016-9140].  The JPO decision states that consumers are unlikely to confuse or associate the GOTHAM CITY trademark with Batman’s place of residence and DC Comics when used on apparel, bags and fashion accessories

How patent troll rhetoric has wrecked the U.S. patent system
There can be little doubt that over the past few years, the U.S. patent system has been rocked by a series of seismic shifts which have either been enacted by Congress or stem from decisions of the U.S. Supreme Court. 2011 saw the enactment of the America Invents Act (AIA), a piece of legislation which created the Patent Trial and Appeal Board (PTAB) and post-grant review proceedings to challenge the validity of any patent, especially those which are being asserted in U.S. district courts

Patentability Overview: When can an Invention be Patented?
One of the most common questions any patent practitioner receives relates to knowing when an invention can be patented

Conference preview: Judge Hacon on UPC and Brexit
In an interview before the Unitary Patent & Unified Patent Court 2017 conference in Munich on July 5, Richard Hacon, presiding judge at the UK Intellectual Property Enterprise Court, discusses the UPC and why the system will not be ready for December 2017

IP5 to focus on patent harmonisation
The world’s biggest IP offices have pledged to focus on patent harmonisation and launch a collaborative pilot project under the Patent Cooperation Treaty (PCT)

Amazon flies high as USPTO grants parachute delivery patent
Online retailer Amazon has been granted a patent on a system to deliver packages via parachutes

Advocacy groups file brief to support Boehringer’s dispute against FTC
The US Chamber of Commerce and the Association of Corporate Counsel (ACC) have filed an amicus curiae brief in support of Boehringer Ingelheim Pharmaceuticals in its dispute with the Federal Trade Commission (FTC)

Is TC Heartland All Good News for Patent Litigation Defendants?
By now it is not news that the Supreme Court has reversed the Federal Circuit in TC Heartland v. Kraft Foods, and in doing so, upset the long-prevailing framework dictating how patent cases disperse among the country’s district courts

Smartflash v. Apple: A poster child of the current ills wrecking the U.S. patent system
On April 14th, 2017, a petition for a panel hearing and a rehearing en banc was filed at the U.S. Court of Appeals for the Federal Circuit (Fed. Cir.) by plaintiffs Smartflash LLC and Smartflash Technologies Limited. Smartflash is asking the full Fed. Cir. to rehear its case against consumer electronics giant Apple Inc. (NASDAQ:AAPL) to resolve an intra-circuit conflict regarding patent eligibility standards for software inventions

CIPU media survey reflects high subjectivity in mainstream media reporting of patent infringement stories
A media study which will be released next week by the Center for IP Understanding (CIPU), titled Patterns in Media Coverage of Patent Disputes, outlines trends in recent media coverage of patent disputes

Federal Circuit backs Playboy in patent win
Yesterday, the court handed down its decision, upholding the Patent Trial and Appeal Board’s (PTAB) invalidation of US patent number 7,548,875, owned by mobile technology company Skky

UPC’s December deadline pushed back
In January this year, the UPC preparatory committee announced that it was “working under the assumption” that the provisional application phase would start at the end of spring 2017, “presumably in May”, meaning that the court could become operational in December

Rader? Johnson? Lawyers have their say on next USPTO director
Yesterday, Joseph Matal, an associate solicitor at the office, was appointed as interim director by Wilbur Ross, US secretary of commerce

Interim USPTO director revealed after Lee’s departure
Yesterday, WIPR reported that former Google lawyer Lee had stepped down from the role

Seoul Semiconductor and Kmart dismiss patent clash
In September last year, Seoul Semiconductor sued the retailer for allegedly infringing its patented technologies by selling illegally manufactured products

USITC begins investigation into complaint against Sony
In an announcement made on Wednesday, June 7, the ITC said it would investigate certain consumer electronic devices manufactured by Sony, including televisions, game consoles, mobile phones and tablets,and network-enabled DVD and Blu-ray players

Federal Circuit affirms dismissal of Ford patent suit
In a precedential decision handed down yesterday, June 8, the Federal Circuit found that the US District Court for the Northern District of Texas had correctly dismissed a complaint for lack of personal jurisdiction

Sharp spins off patents to new micro-LED partnership with fellow Foxconn subsidiaries
The Foxconn group has announced a new venture into micro-LED space that will see a portfolio of Sharp patents spun off to a newly acquired, jointly owned entity. The move comes as Foxconn’s IP organisation continues to explore options for streamlining Sharp’s patent portfolio, including through sales



Tiffany embroiled in another copyright claim with photographer
Jewellery company Tiffany has become embroiled in a copyright infringement claim brought by a photographer

German MEP hits out at ‘sabotage’ attempts of EU copyright reform
German Member of European Parliament (MEP) Julia Reda has hit out at a fellow MEP for allegedly “going against the parliamentary process” over plans to reform EU copyright laws



Microsoft sues company selling counterfeit Windows software
Microsoft has sued a Florida-based technology company that has allegedly sold counterfeit copies of Windows 7 and 8.1 software

Chanel takes on online counterfeiters
The case was filed at the US District Court for the Southern District of Florida on Monday, June 5

Nearly 40% of Italians watch pirated content, says report
The Italy-based not-for-profit federation released the data from an investigation on Monday, June 5

US customs launches anti-counterfeiting campaign
The campaign, “The truth behind counterfeits” was announced yesterday and will run throughout July at six of the busiest US international airports

Dealing with John Doe Orders in India
In an effort to reduce piracy, the media and film industries are increasingly seeking John Doe orders against internet service providers, illegal unlicensed distributors and cable operators, say Amruta Mahuli, Abhijeet Deshmukh and Abhishek Pandurangi of Khurana and Khurana



China’s trademark law: Evicting the squatters
Several high-profile cases show that trademark owners in China can succeed in removing squatters. Marie Ferey and Fabio Giacopello of HFG report

Challenges for Trademarks in a Digital World: A Review of INTA 2017
Held in Europe for the first time in three years, the event highlighted the changing role of trademark professionals in the technology era –a change from a legal role to one where trademark professionals are increasingly called upon to be brand experts.

International report – Taking the divisional route – a trademark perspective
The increasingly crucial role played by intellectual property in the success of a business has compelled individuals and enterprises to take proactive steps towards protecting their IP assets, sometimes even before businesses have taken off

Kellogg’s launches TM opposition against tennis star
Kokkinakis and his doubles partner Nick Kyrgios qualified for the Davis Cup semifinal in 2015, and have been referred to as ‘the Special Ks’ by the media and the public


Propriedade Intelectual

UK general election: what the political parties say about IP
The Conservative Party, led by incumbent Prime Minister Theresa May, is one of only two major parties to specifically mention IP in its official manifesto

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