Week’s news headlines – October 13th, 2017


Indian telecoms regulator will enter the FRAND fray amid concerns over “grim state” of domestic innovation
If you have followed the handful of SEP disputes currently taking place in India, you will no doubt be familiar with the Competition Commission of India (CCI), the antitrust body that is currently mounting two separate investigations of Ericsson’s licensing practices

The global rate of innovation is slowing – find out why and what it means for IP strategies
On 24th October IAM is hosting a free webinar – presented by Clarivate Analytics – that looks in-depth at an issue which could potentially have a profound effect on the IP marketplace: a lowering of the global rate of innovation



FREE Webinar: Hot Topics in Patent Litigation
Omnipresent threats of patent reform, a Supreme Court that has created unprecedented uncertainty surrounding what is patent eligible, a Federal Circuit that uses Rule 36 to summarily affirm more than 50% of its docket, and a Patent Trial and Appeal Board that has been openly hostile to rights holders have all changed the face of patent litigation in America

Patent Drafting 101: Say What You Mean in a Patent Application
Say what you mean and mean what you say. Good advice in life, but absolutely critical advice when dealing with patents and patent applications! At least that has to be the take-away lesson from Chef America v. Lamb Weston, a decision from the United States Court of Appeals from the Federal Circuit dating back to 2004

EPO board confirms Nike patent revocation in Adidas dispute
Adidas had opposed the patent, EP 1 746 909, which protects a garment with “zones of different air permeability which are to be determined using a certain measurement device”, according to Adidas’s representative Bardehle Pagenberg.

Canon and Avigilon step up IP battle
Camera producer Canon and video surveillance equipment manufacturer Avigilon have both stepped up their battle over a string of patents relating to image processing and input systems

Native Americans Set to Save the Patent System
As readers of this blog are aware, there has been a great deal of publicity generated by the recent patent sale and assignment by Allergan to the St. Regis Mohawk Tribe

Technology leaders to create SEP code of conduct
Representatives from technology companies including Nokia, Ericsson and Orange have formed a committee aiming to establish an industry-wide code on best practice for licensing standard-essential patents (SEPs)

Patent cases to drop 13% at district courts in 2017: report
Patent cases before US district courts are predicted to drop by 13% in 2017, while disputes at the Patent Trial and Appeal Board (PTAB) increased by nearly 10% year-on-year, a report has found

Cockroach, pirate, scoundrel, shark, monster – how the Chinese media describes patent trolls
The coining of the term ‘patent troll’ was a key moment in what eventually became a major backlash against non-practising entities (NPE) in the United Sates

Eli Lilly patent covering Alimta lung cancer treatment upheld in final written decision from PTAB
On Thursday, October 5th, a final written decision issued by the Patent Trial and Appeal Board (PTAB) upheld a series of 22 claims from a patent owned by Indianapolis, IN-based drugmaker Eli Lilly & Company (NYSE:LLY)

Campinos the ‘sensible’ choice to replace Battistelli as EPO president
António Campinos, the executive director of the European Union Intellectual Property Office (EUIPO), has been described as a “sensible” replacement for European Patent Office (EPO) president Benoît Battistelli

Overcharging claims against CPA dismissed after settlement approved
A US judge has dismissed claims of patent overcharging against CPA Global after approving a final settlement with the plaintiff, Run Them Sweet (RTS)


Industrial Design

Californian company tears its hair out over Fingerbrush ‘infringement’
California-based Olivia Garden said that Stance Beauty Labs and Burlington Stores have infringed its design patents and trade dress in their sales of the Curved Vent Brush



Levi’s takes more action to combat ‘significant counterfeiting’
The case was filed at the US District Court for the Northern District of Illinois, Eastern Division on Friday, October 6.



Litigation roundup: Audrey Hepburn’s son, no hard feelings and a sperm bank
WIPR rounds up the most-read IP litigation cases that we reported on in the week beginning October 2, with Hard Rock Café and a sperm bank both featuring

Trademark ownership not under Brussels Regulation article 22(4): CJEU
Europe’s highest court has said that article 22(4) of the Brussels Regulation, a provision dealing with the exclusive jurisdiction of courts, does not apply to disputes over trademark ownership

CJEU backs EUIPO in ‘Champion’ trademark dispute
The decision was handed down on Thursday, October 5, by a five-judge panel

Pirate ad revenue halved by ‘industry efforts’: report
Advertising revenue for websites showing pirated content in the US has been slashed by between 48% and 61% in the past year, according to a report by the Trustworthy Accountability Group (TAG)

Richemont takes on Chloé and Cartier counterfeiters
Luxury goods company Richemont, which owns brands such as Chloé and Cartier, has sued a group of Chinese citizens running internet stores allegedly designed to fool customers into thinking they are licensed sellers

Smiley face symbol beams as trademark granted
The licensing company owns the rights to the smiley face symbol, including in online emoticons, and looked to move into the Chile market in June last year

‘Take a Knee’ applications filed at the USPTO
Two applications have been filed for ‘Take a Knee’ at the US Patent and Trademark Office (USPTO), following widespread discussion of the political slogan



Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It
In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from iTunes could sell the music that they no longer wanted

Copyright comes third in leading Australian industry sectors
A report released today by professional services network PwC has revealed that the copyright industry is the third largest sector of the Australian economy


Domain Name

Change needed to tackle ‘fake lawyers’: report
Lawyers should begin switching to a .law domain name to protect themselves from the growing threat of “fake lawyers”, a report has said

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