Patents
Federal Circuit upholds Twitter patent victory
In a decision handed down on Friday, May 12, the court affirmed a ruling that five messaging patents owned by New York-based EasyWeb Innovations were invalid.
http://worldipreview.us5.list-manage1.com/track/click?u=5147cd2e00ef8a542c19706b5&id=12ce9bdfbe&e=3ec0545e64
PTAB: no longer a death squad
The US Patent Trial and Appeal Board has come a long way since being branded “a death squad” for patents, and litigants should take note of several best practices to enhance their likelihood of winning there. WIPR speaks to two former judges to find out more.
http://www.worldipreview.com/article/ptab-no-longer-a-death-squad
Tech giants step up their IoT patenting with Samsung and Qualcomm at the front of the pack
Samsung and Qualcomm are the leaders of the pack when it comes to patents related to the Internet of Things (IoT), according to new research from Relecura – with the Korean company ramping up its filing at an astonishing rate.
http://www.iam-media.com/blog/Detail.aspx?g=61bb26ed-ae7b-4151-99fc-2b7ff8c5bc72
ZTE revealed as vendor of Chinese patents sold to NPE set up by ex-Acacia executives
ZTE is the “major Chinese telecom equipment and smartphone manufacturer” that agreed to sell a patent portfolio – including, significantly, a number of China-only patent families – to Texan NPE Longhorn IP earlier this year, new USPTO records reveal. The transaction appears to be ZTE’s first confirmed sale of assets to a patent assertion entity, indicating the company’s aspiration to generate more value from monetising its vast IP portfolio.
http://www.iam-media.com/blog/Detail.aspx?g=f4bf83e8-07c2-48a1-9ac9-12bb7213f31d
Seven Hallmarks of a Rational Global Patent Strategy
Faced with ever-shrinking budgets and mounting pressure from the C-suite to demonstrate intellectual property (IP) value, many enterprises have jettisoned a once-prevailing global patent strategy: “File anywhere in the world where we or our competitors manufacture or sell products.” Though relatively less expensive, a more selective approach may still incur substantial patent filing, prosecution, and maintenance costs, consuming resources that could be allocated to more impactful IP strategies
http://www.ipwatchdog.com/2017/05/15/seven-hallmarks-rational-global-patent-strategy/id=83227/
The Benefits of a Provisional Patent Application
There is a great misunderstanding among many inventors and entrepreneurs regarding what many simply refer to as a “provisional patent.” The first thing that needs to be said is that there is no such thing as a “provisional patent.” Instead, what you file is called a provisional patent application. Like any other patent application, a provisional patent application is effective to stop the clock relative to so-called statutory bars and immediately upon filing a provisional patent application you can say you have a “patent pending.”
http://www.ipwatchdog.com/2017/05/13/benefits-provisional-patent-application/id=83161/
Chinese government R&D organisation files patent suits against US LED maker
The Chinese Academy of Sciences (CAS) has taken what appears to be its highest profile step yet into the world of patent enforcement. Significantly, it is a US company, Cree, that will have to respond to the sprawling government R&D body’s infringement complaints in two Chinese courts.
http://www.iam-media.com/blog/Detail.aspx?g=b82deb0a-f3b9-4cb1-81a5-beea8bd2fed4
Chinese government R&D organisation files patent suits against US LED maker
The Chinese Academy of Sciences (CAS) has taken what appears to be its highest profile step yet into the world of patent enforcement. Significantly, it is a US company, Cree, that will have to respond to the sprawling government R&D body’s infringement complaints in two Chinese courts.
http://www.iam-media.com/blog/Detail.aspx?g=b82deb0a-f3b9-4cb1-81a5-beea8bd2fed4
Arent Fox Seeks Patent Staff Attorney or Patent Agent for New York Office
The New York office of Arent Fox LLP is seeking a patent staff attorney or agent with at least 3 years of experience in patent preparation, drafting and prosecution, preferably in the software/electrical technologies.
http://www.ipwatchdog.com/2017/05/17/arent-fox-seeks-patent-attorney-patent-agent-new-york-office/id=83160/
Confused and frustrated, patent policy experts bemoan America’s absurd compulsory licensing patent system
The English language has interesting group nouns. Groupings like a “gaggle” of geese, a “murder” of crows or a “pride” of lions come to mind
http://www.ipwatchdog.com/2017/05/16/patent-policy-experts-bemoan-americas-absurd-compulsory-licensing-patent-system/id=83264/
PwC patent litigation study shows recent drop in lawsuits despite increasing patent grants
This May, auditing and consulting firm PwC released a 2017 patent litigation study which identifies trends taking form over the past few years of U.S. patent infringement suit filings, including litigation numbers, damages and case appeals. The report is further proof of the drop in patent litigation across the U.S. federal court system in recent months and it provides additional analysis on the legal developments that have impacted damages awards.
http://www.ipwatchdog.com/2017/05/16/pwc-patent-litigation-study-drop-lawsuits/id=83237/
WIPR webinar: Accumulate evidence of good faith after Halo, BSKB advises
Parties should accumulate evidence of subjective good faith in order to protect against a finding of wilful patent infringement and triple damages in light of Halo Electronics v Pulse Electronics.
http://www.worldipreview.com/news/wipr-webinar-accumulate-evidence-of-good-faith-after-halo-bskb-advises-14014
Slump in Clean Energy Patents Causes Concern
As of late, the spike of clean energy technology innovation is slowing down in the United States, during a time that the Trump administration is aiming to drastically cut government research spending in the industry.
http://www.ipwatchdog.com/2017/05/18/slump-clean-energy-patents-causes-concern/id=83312/
Past as Prologue: Is there Hope for America’s Patent System?
Several weeks ago I published The Top 3 Reasons America’s Patent System is in Decline. While those familiar with America’s patent system could likely rattle off more than three reasons, I chose only three because if there were a reversal of fortunes on those three points America’s patent system would be immediately begin to flourish.
http://www.ipwatchdog.com/2017/05/17/past-prologue-hope-americas-patent-system/id=83347/
Declines in U.S. innovation, entrepreneurship the focus at Capitol Hill patent policy event
“Innovation and creative endeavors are indispensable elements that drive economic growth and sustain the competitive edge of the U.S. economy.” Thus reads the start of the executive summary for the 2016 update to the Intellectual Property and the U.S. Economy study jointly produced by the U.S. Patent and Trademark Office as well as the Economics & Statistics Administration
http://www.ipwatchdog.com/2017/05/17/declines-u-s-innovation-entrepreneurship/id=83302/
Waymo drops three patent claims in Uber battle
On Tuesday, May 16, Waymo, formerly a Google division, filed a response to Uber’s request for summary judgment of non-infringement.
http://www.worldipreview.com/news/waymo-drops-three-patent-claims-in-uber-battle-14055
Statements Made by Patent Owner During IPR Can Support Finding of Prosecution Disclaimer
The Federal Circuit affirmed the district court’s finding of summary judgment for Apple Inc. (“Apple”). The Court held that statements made by a patent owner during an inter partes review (“IPR”) proceeding, whether before or after an institution decision, can be relied upon to support a finding of prosecution disclaimer.
http://www.ipwatchdog.com/2017/05/19/statements-patent-owner-during-ipr-support-prosecution-disclaimer/id=83416/
Trademarks
Jaguar Land Rover pounces on Puma trademark
Puma filed its mark, an image of a puma leaping over the word ‘Puma’, in April last year. It was published in November.
http://www.worldipreview.com/news/jaguar-land-rover-pounces-on-puma-trademark-13955
Deadmau5 hits back in trademark cat fight
In December last year, Deadmau5 filed a trademark cancellation suit against US cat-themed store Meowingtons at the US Patent and Trademark Office (USPTO).
http://worldipreview.us5.list-manage.com/track/click?u=5147cd2e00ef8a542c19706b5&id=003294f3fd&e=3ec0545e64
AIG sued for TM infringement, asked to change name
A.I.G Agency, based in St Louis, Missouri, filed the claim on Friday, May 12 at the US District Court for the Eastern District of Missouri, Eastern Division.
http://www.worldipreview.com/news/aig-sued-for-tm-infringement-asked-to-change-name-13991
A third of companies increased TM policing budget in last year: report
The “2017 Lecorpio Trademark Management Study” found that 36% of companies have increased their budget, compared to half that figure last year.
http://www.worldipreview.com/news/a-third-of-companies-increased-tm-policing-budget-in-last-year-report-14018
Nestlé loses TM battle with Cadbury over KitKat, again
Nestlé has lost its appeal against the rejection of the 3D shape of its four-finger KitKat chocolate bar as a trademark in the UK.
http://www.worldipreview.com/news/nestle-loses-tm-battle-with-cadbury-over-kit-kat-again-14019
Steps towards harmony
After a host of reforms to the EU trademark system came into force in 2016, another batch will be rolled out in October 2017. WIPR reports on the impact so far and what the future holds for harmonisation.
http://www.worldipreview.com/article/steps-towards-harmony
Ford takes on California company in TM suit
In a lawsuit filed at the US District Court for the District of Eastern District of Michigan, Ford accused Intermotive of trademark infringement, false designation of origin, and unfair competition.
http://www.worldipreview.com/news/ford-takes-on-california-company-in-tm-suit-14037
Qualcomm sues four iPhone suppliers in Apple brawl
Filed at the US District Court for the Southern District of California yesterday, the suit alleged that the four companies, including Foxconn, an electronics contract manufacturer, had not paid royalties.
http://www.worldipreview.com/news/qualcomm-sues-four-iphone-suppliers-in-apple-brawl-14039
KitKat TM loss may be beginning of EU and UK divergence
The English Court of Appeal handed down its decision, finding that the 3D shape could not be registered as a trademark in the UK.
http://www.worldipreview.com/news/kitkat-tm-loss-may-be-beginning-of-eu-and-uk-divergence-14041
Keeping the spirits up
Scottish drinks company Edrington has many famous names to defend and Fraser Morrison, brand protection manager at the company, has his hands full, as he explains to WIPR.
http://www.worldipreview.com/article/keeping-the-spirits-up
Tencent held fastest-growing TM portfolio in 2016: TrademarkNow
Tencent filed more than 4,000 trademark applications, according to a report from TrademarkNow, a web-based trademark management company.
http://www.worldipreview.com/news/tencent-held-fastest-growing-tm-portfolio-in-2016-trademarknow-14057
Adidas opposes FanBase Sport’s TM
The opposition was filed on Tuesday, May 16, at the US Patent and Trademark Office (USPTO), against a trademark filed by FanBase, a sportswear manufacturer.
http://www.worldipreview.com/news/adidas-opposes-fanbase-sport-s-tm-14058
Counterfeiting
Scribd sues over free-download website
The case was filed at the US District Court for the Northern District of California, San Francisco Division, on Friday, May 12.
http://www.worldipreview.com/news/scribd-sues-over-free-download-website-13956
Social media: a global platform for criminals
The rise of social media presents new opportunities for counterfeiters and, in turn, challenges for brand owners, as WIPR finds out.
http://worldipreview.us5.list-manage.com/track/click?u=5147cd2e00ef8a542c19706b5&id=99f67c4195&e=3ec0545e64
Kodi stands by ‘neutral’ policy after CJEU piracy ruling
In April, the CJEU held that sellers of multimedia players which enable films available illegally on the internet to be viewed for free on TV could constitute copyright infringement.
http://www.trademarksandbrandsonline.com/news/kodi-stands-by-neutral-policy-after-cjeu-piracy-ruling-4997
Chanel obtains injunction against online counterfeiter
Chanel filed its suit at the US District Court for the Northern District of Ohio in June 2015, alleging that Shakira Booker had sold counterfeit goods and confusingly similar imitations of Chanel’s trademarks.
http://www.trademarksandbrandsonline.com/news/chanel-obtains-injunction-against-online-counterfeiter-4995
UK Music calls for ISPs to be held responsible for piracy
UK Music made the claim as part of its 2017 manifesto, where it stated that “initiatives should be developed to place responsibility on ISPs and require them to have a duty of care for copyright protected music”.
http://www.trademarksandbrandsonline.com/news/uk-music-calls-for-isps-to-be-held-responsible-for-piracy-4994
‘Serious organised crime group’ jailed for 10 years over pirate DVDs
The investigation was undertaken by Suffolk Police and FACT, a UK-based IP protection organisation.
http://www.worldipreview.com/news/serious-organised-crime-group-jailed-for-10-years-over-pirate-dvds-14040
Copyright
Jimi Hendrix’s brother looks to dismiss IP suit
In March, Leon Hendrix was sued by Experience Hendrix and Authentic Hendrix, two companies founded by the estate of Jimi, at the US District Court for the Southern District of New York.
http://www.worldipreview.com/news/jimi-hendrix-s-brother-looks-to-dismiss-ip-suit-13988
Conan O’Brien joke copyright claim heads to trial
O’Brien had been accused of stealing the jokes from Robert Kaseberg, a freelance comedy writer, who sued the comedian and Time Warner in July 2015 at the US District Court for the Southern District of California.
http://www.worldipreview.com/news/conan-o-brien-joke-copyright-claim-heads-to-trial-13989
Intellectual Property
China’s top judicial body will recommend establishment of a national IP appeals court, says insider
A senior IP academic has revealed that China’s Supreme People’s Court (SPC) will soon formally recommend the establishment of a national IP appeals court. The comments, made by Professor Wu Handong at an IP forum in Chengdu, were related by USPTO senior China counsel Mark Cohen on his blog. They signal the strongest indication to date that China’s top judicial policymakers consider the country’s experiment with specialised IP courts a success – and that is very good news for patent plaintiffs.
http://www.iam-media.com/blog/Detail.aspx?g=ef99af99-8d09-4951-8e47-c861fc7a2450
Big Pharma, Generics and Trade Related Aspects of Intellectual Property Rights (TRIPS)
Generic drug manufacturers can pose major financial threats to those companies that invent and develop the copied drugs both domestically and internationally. Even after a drug company is granted patent protection on its products, there are other concerns about generics that Big Pharma face from abroad.
http://www.ipwatchdog.com/2017/05/17/big-pharma-generics-trade-related-aspects-intellectual-property-rights-trips/id=83178/
AIPLA offers proposals to alter section 101
Section 101 has been at the heart of a number of recent US Supreme Court decisions, including Alice v CLS Bank, which set out a two-part test for patent eligibility.
http://www.worldipreview.com/news/aipla-offers-proposals-to-alter-section-101-14016
Big Pharma, Generics and Trade Related Aspects of Intellectual Property Rights (TRIPS)
Generic drug manufacturers can pose major financial threats to those companies that invent and develop the copied drugs both domestically and internationally. Even after a drug company is granted patent protection on its products, there are other concerns about generics that Big Pharma face from abroad.
http://www.ipwatchdog.com/2017/05/17/big-pharma-generics-trade-related-aspects-intellectual-property-rights-trips/id=83178/
From paper to platform: the future of IP management
IP has played a central role in innovation for centuries, yet is one of the last major industries to fully benefit from the transformational impact of technology. Many IP practices and processes remain, in effect, manual.
http://www.worldipreview.com/contributed-article/from-paper-to-platform-the-future-of-ip-management
Domain Name
Swatch recovers domain selling luxury goods
Swatch complained to the World Intellectual Property Organization’s Arbitration and Media Center in March this year.
http://www.trademarksandbrandsonline.com/news/swatch-recovers-domain-selling-luxury-goods-4996
