Week’s news headlines – September 22nd, 2017


The man who brought patent monetisation to BlackBerry becomes latest big name corporate IP departure
Mark Kokes has left BlackBerry and is no longer its senior vice president of intellectual property, licensing & standards, IAM has learned

Raid on Gibraltar: How the U.S. Patent System was Rigged Against Independent Inventors
For decades, individual inventors were granted 25 percent or more of all U.S. patents. This creativity was the foundation of dozens of new industries, thousands of new companies and millions of new jobs

Patent battle over generic Inomax leaves five Mallinckrodt patents invalid as naturally occurring phenomenon
On Tuesday, September 5th, the patent portfolio of UK-based pharmaceutical firm Mallinckrodt PLC (NYSE:MNK) suffered a large setback after a judgment entered in the District of Delaware found that five patents asserted by that company in an infringement suit are invalid under 35 U.S.C. § 101

Federal Circuit upholds ruling on patent ownership clash
The US Court of Appeals for the Federal Circuit has affirmed a ruling by the US District Court for the District of New Jersey that dismissed patent infringement claims centring on interactive software, and remanded questions back to the New Jersey Superior Court in a precedential ruling

Federal Circuit backs PTAB invalidation of electroluminescence patent
In a precedential decision, handed down on Friday, September 15, the court affirmed the invalidation of US patent number 8,334,648, called “Organic electroluminescence device and organic light emitting medium”

The biggest problem with Allergan’s St Regis Mohawk deal is that the tribe may not own the patents
The transfer of six patents underpinning Allergan’s dry-eye treatment Restasis to the Saint Regis Mohawk native American Indian tribe has electrified the US patent community

Allergan’s patent transaction with St. Regis Mohawks could presage more arbitrage patent transactions
The pharmaceutical treatment Restasis is a medication for patients suffering from chronic dry eye disease marketed by the Irish pharmaceutical multinational Allergan (NYSE:AGN)

Steve Madden accused of design patent infringement
The JPT Group, which owns the ‘Bernando’ shoe brand, filed its complaint at the US District Court for the Southern District of Texas, Houston Division, on Friday, September 15

Nokia and LG settle patent conflict in arbitration
The International Court of Arbitration, part of the International Chamber of Commerce, has handed down an award in a binding arbitration case between Nokia and LG Electronics

Seoul Semiconductor sues LED bulb seller
Yesterday, September 19, Seoul Semiconductor announced that it had filed the patent infringement lawsuit against Archipelago Lighting on Friday, September 15, in the US District Court for the Central District of California

Apple and Samsung top IPR petitioner list, says report
Technology companies Apple and Samsung have topped the list of most active petitioners in inter partes review (IPR) proceedings, according to a report

The US’s BigTech elite will find it tough to set the patent agenda in Europe
Google is set to appeal the European Commission’s decision to impose a €2.4 billion fine after a finding that the company had abused its dominant position by manipulating search results to favour its own comparison shopping site

Chinese LED maker dips back into patent market with Sony portfolio pickup
Sanan Optoelectronics failed to take over Osram after having its bold $8.2 billion bid rebuffed late last year. But the Chinese LED maker has turned to the patent market to shore up its IP position, most recently buying a pair of portfolios from Sony

The Most Interesting Man in the Patent World Fights to Improve America’s Patent System
In the midst of the Cold War, former CAFC Judge Randall Rader accidently ended up across the border in the Soviet Union.  The experience did not dissuade Judge Rader from traveling abroad in the future.  Far from it – he has become known for crisscrossing the globe to teach eager audiences about the importance of intellectual property

Tensions bubble over in Lush bath bomb dispute
Connecticut-based Tower Laboratories, a manufacturer of effervescent products, has hit cosmetics company Lush with a patent infringement lawsuit

Tax relief claimed under UK patent box nearly doubles in second year
More than 1,100 companies successfully claimed £651 million ($883 million) in tax relief under the UK’s patent box scheme during its second year of existence, government statistics show

Federal Circuit overturns PTAB decision on inurement
The US Court of Appeals for the Federal Circuit has overturned a decision by the Patent Trial and Appeal Board (PTAB) which found that NFC Technology had failed to prove that the inventor of a communication device had created a prototype

Alibaba sued over sale of sandwich bags
The case was filed by Texas-based inventor Sally May-Frankum at the US District Court for the Southern District of Texas, Houston Division, on Wednesday, September 13

Red Hat expands its pioneering patent promise to the open source community
Open source software business Red Hat this morning announced a big expansion of its patent promise, its commitment to not assert its patents against free and open source software which it launched in 2002

A Look Back at the Legislative Origin of IPRs
Observers of the U.S. patent system today may rightly wonder how six years ago the United States, then the proprietor of the best patent system in the world, could have created the inter partes review (IPR) proceedings that currently exist

CAFC upholds validity of Intellectual Ventures patents, reverses infringement findings
The Federal Circuit affirmed a district court decision upholding the validity of two patents belonging to Intellectual Ventures (“IV”), but reversed all findings of infringement regarding one patent and remanded for further proceedings regarding the other



Salvatore Ferragamo settles trademark row with winery
In April 2016, Salvatore Ferragamo filed a complaint at the US District Court for the Southern District of New York, seeking an injunction, destruction of infringing goods, actual damages, and a jury trial against the winery

Battle of the law firms: Fish IP v Fish & Richardson
Filed on Friday, September 15, the complaint stated that after Fish IP Law received cease-and-desist letters last month, it was reasonable for the law firm to develop a real and reasonable apprehension that it would be subject to a claim for liability for trademark infringement”

Czech IPO highlights threats to confidence in IP system
The president of the Czech Republic Industrial Property Office, Josef Kratochvil, has warned of practices that are “dangerous” to the future of trademarks in the Czech Republic and the EU

The Trump Administration is Investigating the “Theft of IP” by China: What You Need to Know About Trademarks in China
Several weeks ago, the Trump administration formally launched a “Section 301” investigation into the “theft of intellectual property” by China

Marques 2017: FIFA criticises US litigation costs as outrageous and ‘a joke’
Speaking yesterday, September 20, at the Marques 31st Annual Conference in Prague, Daniel Zohny was discussing IP enforcement across different jurisdictions

Marques 2017: Lawyers discuss morals and trademarks
At the Marques conference in 2016, questions surrounding Brexit were at the centre of many of the talk

Trademarked Stork Upheld in Canadian Copyright Case
A recent trademark infringement case between Stork Market Inc v. 1736735 Ontario Inc. (Hello Pink Lawn Cards Inc), 2017 FC 779 has resulted in a win for the plaintiff and retribution in the amount of $30,000



‘Grinch’ parody play gets go ahead from court in copyright claim
Dr Seuss Company, the business which owns the rights to the book “How the Grinch Stole Christmas”, has failed in its bid to prevent a play deemed as a “transformative” parody from going ahead

Carrie Underwood tangled up in copyright claim
Georgia Lyons and Ronald McNeill filed a copyright infringement lawsuit at the US District Court for the Middle District of Tennessee, Nashville Division on Friday, September 15

Spotify settlement ‘substantively unfair’, claim musicians
In May 2017, a proposed $43 million settlement was reached between Spotify and a number of artists to resolve a class action lawsuit

China’s copyright regulator tells foreign and domestic music companies to improve copyright licensing, reducing piracy
In mid-September, the federal government of the People’s Republic of China issued statements which indicate that the country is looking to expand upon recent rhetoric over increased protections for intellectual property


Intellectual Property

Get your IP game on: intellectual property protection and video games
The video game industry around the world and in Canada is booming


Geographical Indications

International report – CETA to come into force – things to know about geographical indications
The Canadian government has chosen September 21 2017 as the date on which the majority of the act implementing the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union will come into force.



Lululemon takes Chinese counterfeiters to court
The case was filed at the US District Court for the Northern District of Illinois, Eastern Division, on Friday, September 15

Audi sues man running fake merchandise website
The complaint was filed at the US District Court for the Central District of California on Wednesday, September 12

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