Week’s news headlines


Marques 2017: GSK counsel speaks about changing in-house role
The assistant general counsel at GSK has said that the role of an in-house counsel has taken on a new meaning across all industries 

Marques 2017: UK and US lawyers discuss comparative advertising
There are various routes and opportunities for comparative advertising in the UK, but there are reputational risks, as many have found out

Marques 2017: GSK counsel speaks about changing in-house role
The assistant general counsel at GSK has said that the role of an in-house counsel has taken on a new meaning across all industries

San Diego Comic Con succeeds on several motions in trademark infringement case against Salt Lake City Comic Con event organizers
On September 12th, Judge Anthony Battaglia of the Southern District of California entered an order granting motions made by the San Diego Comic Convention in a trademark case over the use of the Comic-Con title on pop culture conventions

3M takes on another Chinese company in patent and TM claim
On Friday, September 22, in a lawsuit filed at the US District Court for the Western District of Wisconsin, 3M claimed that Thunder Finish had sold infringing automotive paint-spraying products

Apple seeks cancellation of ‘Appletree’ mark at TTAB
Filed on September 15 and instituted on Thursday, September 21, Apple’s case stated that there is a likelihood of confusion unless Appletree CI Group’s ‘Appletree’ trademark is cancelled

Jessica Alba seeks to weed out trademark infringement
Filed at the US District Court for the Central District of California on Tuesday, September 26, the claim alleged that Honest Herbal, a health and wellness company that produces cannabinoid-rich hemp products, had infringed the mark ‘Honest Herbal’

Refreshing, amusing and a genericide deterrent: the ‘don’t say Velcro’ video
On Monday, September 25, Velcro released a video showing lawyers who represent the firm singing a song that asks consumers to stop using the word “Velcro” when describing its famous fastening material

Gluten-free group takes another bite at Jamie Oliver
In July, WIPR reported that GIG sued Oliver at the US District Court for the Western District of Washington for including a mark with the letters ‘GF’ in some of his recipes which have been made available to the public

Dutch court orders ISPs to block Pirate Bay
On Friday, September 22, the court held that the ISPs must temporarily block access to The Pirate Bay within ten working days, until a final decision has been made in a case pending before the Dutch Supreme Court

WIPO grants cybersquatting win to EFF
It filed the case at the World Intellectual Property Organization Arbitration and Mediation Center in July and the decision was made on September 13

Mars dog treat case dismissed
In a ruling handed down on Wednesday, September 27, Judge Claude Hilton dismissed Mars’s claim and all counterclaims at the US District Court for the Eastern District of Virginia

Latest EU trademark reforms: what you need to know
On Sunday, October 1, the second batch of reforms to the EU trademark system will come into force



Gilstrap abused discretion on patent venue rules, says Federal Circuit
The US Court of Appeals for the Federal Circuit has overturned a decision by District Judge Rodney Gilstrap, finding that he committed an “abuse of discretion” by refusing to transfer a patent lawsuit

Korea’s new antitrust boss says he’ll target patent abuse in the IoT realm
Over the past few years, South Korea’s antitrust regulator has been one of the toughest on issues of intellectual property

Patent Drafting 101: Going a Mile Wide and Deep with Variations in a Patent Application
The goal of a patent application is relatively simple: To teach others what your invention is and how to both make and use the invention

Indian Tribe files Motion to Dismiss RESTASIS Patent Challenge based on Sovereign Immunity
Earlier today the Saint Regis Mohawk Tribe filed a Motion to Dismiss in six[1] separate inter partes review (IPR) proceedings relating to the Allergan drug RESTASIS

Nokia receives favorable arbitration award on patent license with LG Electronics
On Monday, September 18th, the Finnish communications company Nokia (NYSE:NOK) announced that it received a positive decision in a patent arbitration case decided by the International Chamber of Commerce’s International Court of Arbitration (ICA)

Claims can be invalidated for reasons first articulated in rebuttal to a Patent Owner’s arguments in an IPR
The Federal Circuit affirmed the Board’s decision to invalidate as obvious certain patent claims directed to a device that emits light when electric current is passed through a particular organic medium

Federal Circuit drills down into details of patent decision
The court handed down its precedential decision yesterday, September 26

SCOTUS to decide whether Alice-focused case is ripe for review
The US Supreme Court could decide to take on a case that re-visits the landmark 2014 Alice v CLS Bank decision, which rocked the computer software patent industry

Global innovation slowed in 2016, report claims
The pace of global innovation slowed last year, as the volume of patented inventions from China dipped

Gillette sues rival over patents again
Shaving company Gillette has sued rival Edgewell Personal Care for the second time in just over one year

Director’s Forum: A Blog from USPTO’s Leadership
Patents for Humanity Awards Now Open for Applications

Proposed Amendments to Rule 11 Will Adversely Impact Patent Owners
Civil proceedings in federal courts are governed by Federal Rules of Civil Procedure. One of the rules, Rule 11, is intended to curtail bad behavior of litigators

China’s most valuable startup follows Uber in buying patents from Hewlett Packard Enterprise
Didi Chuxing, a Chinese ride-sharing service that has attracted over $10 billion in funding from some of the country’s biggest tech firms, has made its second foray into the transactions market for US patents, assignment records show

The Impacts of the Pending Rule 11 Amendments on the Patent System
Previously I discussed the History or Rule 11 and how this proposed changes to Rule 11 will impact patent litigation.  In this article, I discuss the impacts that pending Rule 11 amendments will have on the Patent System overall

Tesla continues to rack up patents despite Elon Musk’s supposed distaste for patents
In mid-September, tech media outlets reported news on patent filing activities undertaken by Palo Alto, CA-based tech firm Tesla Inc. (NASDAQ:TSLA)

A Revolutionary Approach to Obtaining Software Patents Without Appealing to the PTAB
In this article we describe a revolutionary approach that we use to obtain defensible and commercially-valuable software patents for our clients in light of the unpredictable and anti-patent appeal process at the current Patent Trial and Appeal Board (PTAB)

Two internal candidates emerge in Google’s search for its new patent head
More than a month on from this blog breaking the story that Google patent chief Allen Lo was departing for Facebook, and it’s still unclear who is set to replace him

Apple is trying to muddy design patent law in order to get its way
The Apple-Samsung case has dragged on for about six years so far, with no end in sight. The first case, involving design patents, has had a trial, gone to the Federal Circuit, up to the Supreme Court, where a unanimous Court sided with Samsung


Intellectual Property

IP and Brexit: five talking points
UK Prime Minister Theresa May will deliver a speech today that many hope will revive the Brexit negotiations after progress on key issues has so far stalled

Businesses not making the most of their IP: UKIPO report
The report, commissioned by the UK Intellectual Property Office (IPO), was released earlier today, September 27

Six times Uber was sued for IP infringement
Uber is fighting to stay on London’s roads after the city’s transport regulator said its private hire operator licence will not be renewed after it expires on September 30, prompting a likely legal battle



Child development expert amends suit against Disney and Pixar
Filed on Wednesday, September 20, at the US District Court for the Central District of California, the amended complaint alleged that Disney and Pixar had misappropriated the central concept and characters behind the movie

Judge dismisses copyright suit against 50 Cent
In October last year WIPR reported that US writer Larry Johnson had named 50 Cent and US TV network Starz in a suit centring on a two-part manuscript called “Tribulations of a Ghetto Kid”

Beyoncé denies infringement in $20m ‘Formation’ copyright claim
In February, the estate sued Beyoncé at the US District Court for the Eastern District of Louisiana, claiming that the singer had used statements made by Barré in her song and video “Formation”

More than 1m illegal set-top boxes sold in UK: report
More than one million illegal set-top boxes with add-ons have been sold in the UK over the past two years

PGA will not ‘putt up’ with copyright infringement
PGA, which manages the PGA Tour and PGA European Tour, filed the case at the US District Court for the Middle District of Florida, Jacksonville Division on Wednesday, September 27



European Commission denies hiding results of piracy report
The European Commission has denied allegations from a German MEP that it hid the results of a report looking into the dangers of piracy

Man pleads guilty to trafficking $2.5m of fake UGGs
A New York-based man has pleaded guilty to planning to distribute more than $2.5 million of fake UGG boots

Louis Vuitton sues 69 defendants over online counterfeits
Filed at the US District Court for the Southern District of Florida on Tuesday, September 19, Louis Vuitton’s case accused the 69 defendants of selling “substantially lower quality” infringing goods using a range of seller IDs

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