Week’s news headlines – June 16, 2017

Intellectual Property

World Trade Organization: Members discuss IP in relation to inclusive innovation and the public interest
The role of intellectual property rights (IPRs) as a driver for more inclusive innovation that promotes the participation of micro, small and medium-sized enterprises (MSMEs) in local and global trade, and the relationship between IP and the public interest were discussed by WTO members at the meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) on 13 June.


Global Innovation Index 2017
The WIPO, the Cornell University, INSEAD and the 2017 GII Knowledge Partners, the Confederation of Indian Industry, PwC’s Strategy& and the National Confederation of Industry (CNI) and Brazilian Micro and Small Business Support Service (Sebrae) have just released the Global Innovation Index Report.


Brazil’s pharma patent reforms come into action
Brazil’s reforms to streamline analysis of pharmaceutical patents came into force on Monday. The measures, which were revealed by President Michel Temer in April, aim at improving the IP system in Brazil

How and Why LinkedIn Learned to Love Patents
LinkedIn was a big brand name with a small patent portfolio – a combination that made it vulnerable to attack. In 2012, the company decided to do something about it and here is what happened. In a 4-part series, we explore the steps LinkedIn took to reduce its risk profile and how it grew its patent portfolio through a strategy of organic patent filings and targeted patent acquisitions

The Future of CleanTech Patents
The number of U.S. patents granted for clean energy technology has recently dropped following a near 10-year period of growth. In fact, according to the Brookings Institute, the number of CleanTech patents granted in the country fell by a whopping nine percent between 2014 and 2016

Supreme Court Decision Deals Blow to ‘Patent Trolls’ and the ‘Best Little’ East Texas Towns That Thrive on Patent Litigation
Last week, the U.S. Supreme Court handed down a pro-business, pro-innovation decision that severely limits the federal district(s) in which a domestic company can be sued for patent infringement

Lefstin, Mossoff critique SCOTUS’ sense of history and negative impacts on today’s patent system
From trolls to abstract ideas, narratives about how well the U.S. patent system is functioning have led to system reforms that have created many unintended consequences. A critique of the narrative being told by the U.S. Supreme Court in recent years was offered at the International IP Commercialization Council (IIPCC) event on May 8th in the U.S. Capitol by Jeffrey Lefstin, associate academic dean and professor of law at the University of California (UC) Hastings.

Patentability: The Novelty Requirement of 35 U.S.C. 102
Despite the impression given by the low hurdle presented by the first two patentability requirements (i.e., eligibility and utility), not every invention is patentable. One of the most common problems for applications is 35 U.S.C. §102, which sets forth the doctrine of anticipation by requiring novelty of invention

Risky business: the challenge of patent contingency claims
While some lawyers may want to avoid taking on patent cases involving contingency claims, others will fancy the adrenalin rush associated with recovering huge monetary rewards. Paul J Sutton of Sutton Magidoff has more

Federal Circuit outlines scope of estoppel at PTAB
The US Court of Appeals for the Federal Circuit has held that a petitioner could rechallenge claims of a patent that it had previously asserted but had not been reviewed by the Patent Trial and Appeal Board (PTAB)

Huawei slapped with FRAND injunction by English High Court
Huawei has been hit with a new form of injunction by the English High Court after failing to accept a licence that the court had found to be fair and reasonable

German court delays UPC ratification
The Constitutional Court has held up the process because of a constitutional complaint brought by a private person, according to online magazine Legal Tribune Online.

 LG Electronics takes SEP crown in 4G-LTE as Asian patent owners make big gains
Asian tech companies have made up a lot of ground in the 4G-LTE patent landscape, according to a new analysis, with LG Electronics and Huawei leading the way. The report from iRunway Research, which specialises in patent litigation and licensing support, underscores the growing share of SEPs owned by East Asian entities as their efforts to play a central role in mobile standards pay off

Federal Circuit overturns ITC order on Garmin import ban
Yesterday, June 13, the Federal Circuit reversed in part a final determination by the ITC which had led to an import ban

Broadcom and Sony settle PlayStation patent dispute
Broadcom filed the original complaint in June last year at the US District Court for the Central District of California

International report – IP court accepts patent infringement action against global medical device company
In September 2015 a global medical device company filed a patent infringement action and requested a preliminary injunction against a local company for the immediate prohibition of the production and sale of medical devices on the grounds that the local company was infringing the originator company’s registered patent with its medical devices

MDL Proceedings as a Tool to Manage Patent Cases After TC Heartland
Under TC Heartland LLC v. Kraft Foods Group Brands LLC,[i] patent owners may no longer sue alleged patent infringers wherever the alleged infringers are subject to personal jurisdiction.

On the Next USPTO Director, Patents as a Private Property Right
To promote the progress of science and the useful arts, the U.S. Constitution empowers Congress to grant authors and inventors an exclusive right in their respective writings and discoveries for a limited term. In the case of invention, society properly demands of the inventor a disclosure of how to make and use the invention. This enlarges the public store of knowledge, fosters improvement, and makes the invention available to all upon expiration of the patent


The Beverly Hills Hotel sued for using photo of actress
Ireland-based Iconic Images has filed a copyright complaint against The Beverly Hills Hotel in Los Angeles for allegedly infringing a photograph

Piracy and anticounterfeiting

Tiffany obtains injunction against counterfeiters
The order was handed down by District Judge Cecilia Altonaga at the US District Court for the Southern District of Florida on Thursday, June 8

State Farm, Allstate and Hyatt among companies targeted by patent owner alleging infringement of online piracy prevention tech
In late May, a Plano, TX-based entity Venadium LLC filed a series of five patent infringement suits against well-known entities in the insurance, hotel accommodation and industrial supply space. The suits, which have been filed in the U.S. District Court for the Northern District of Illinois (N.D. Ill.), feature the assertion of a single patent techniques to combat online software privacy by protecting executable computer programs from unauthorized use.

Levi Strauss sues counterfeiter after customs operation
The case was filed at the US District Court for the Eastern District of New York on Wednesday, June 7

New York City sues souvenir shop owners selling NYPD counterfeits
The case was filed at the US District Court for the Eastern District of New York on Friday, June 9


 Dr Pepper opposes ‘Crush’ trademark filed by
In July 2013, applied to register the ‘Crush’ trademark under international classes 29 and 30, which include jelly beans, chocolate and a wide range of other confectionery items

 Accept no substitutes – Assignment will not cure defective trade mark filing
The Full Court of the Federal Court has issued a significant decision in relation to trade mark ownership, which reconfirms the position in relation to the assignment of trade mark applications which have been filed in incorrect applicant names

Image Rights

Cristiano Ronaldo faces tax probe over image rights
It’s alleged that in the period between 2011 to 14, the forward “intentionally” didn’t declare the money he earned fromimage rights

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