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General IP News

  • N.D. Illinois Requires Confidential Documents be Filed Electronically
    The Northern District of Illinois has amended Local Rule 5.8 (Filing Materials Under Seal) to require that all documents filed either by counsel or a non-represented party with an e-filing account be filed electronically pursuant to Local Rule 26.2, unless the Court has held that the documents need not be ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-05-17By R. David Donoghue
  • N.D. Illinois Requires Confidential Documents be Filed Electronically
    The Northern District of Illinois has amended Local Rule 5.8 (Filing Materials Under Seal) to require that all documents filed either by counsel or a non-represented party with an e-filing account be filed electronically pursuant to Local Rule 26.2, unless the Court has held that the documents need not be ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-05-17By R. David Donoghue
  • Book Review: Intellectual Property, Finance and Corporate Governance
    Ruth Soetendorp (Professor Emerita, Centre for Intellectual Property Policy & Management, Bournemouth University) reviews Intellectual Property, Finance and Corporate Governance, by Janice Denoncourt (senior lecturer at Nottingham Trent University):Intellectual Property, Finance and Corporate Governance is an authoritative and comprehensive text that examines the place of intellectual property (IP) in the ... Read More
    Source: The IPKatPublished on 2019-05-17
  • Dutch Court of Appeal injuncts unwilling licensee in first post-Huawei v ZTE FRAND decision
    Dibbles was the definition of an unwilling licensee -quiet, lacking in pro-activity and immovable (see claws)Kat friend, Léon Dijkman, PhD researcher and candidate at the European University Institute in Florence, has brought news to the IPKat team of last week's FRAND decision in Philips v ASUS from the Dutch Court ... Read More
    Source: The IPKatPublished on 2019-05-16
  • Never Too Late: If you missed the IPKat last week
    Too busy to read The IPKat? Don't worry, Never Too Late is here!News news news!Week ending 5 MayCopyright Ieva Giedrimaite posts Hellwig and VMware go in peace (for now). Chijioke Okorie writes For archives only: crafting copyright limitations and exceptions for archives in South Africa. Eleonora Rosati discusses the Opinion ... Read More
    Source: The IPKatPublished on 2019-05-16
  • Large differences in FRAND rates and royalty payments are legitimate and pro-competitive
    Cellular technology companies with substantial device businesses — including Huawei and Samsung today, and Nokia until it sold its handset business in 2014 — generate no more than modest net licensing revenues, despite the significant Standard-Essential Patent (SEP) portfolio sizes they have declared. Crucially, they must also cross license their ... Read More
    Source: IP financePublished on 2019-05-15By Keith Mallinson
  • Lycra owner gets in a tight spot on costs: Unjust Part 36 offers, ex employees, breach of confidence & more
    Lycra being put through its pacesLegal costs are not always seen as the sexiest topic for a blogpost (anyone with colleagues who cycle into the office may have similar views about Lycra). However, the approach that the courts take toward costs is of huge practical importance and sometimes there is ... Read More
    Source: The IPKatPublished on 2019-05-15
  • Ariana Grande, thank you, next: copyright infringement on Instagram
    Pop star Ariana Grande is the latest celebrity to be sued for posting a picture of herself on her Instagram page; (including Jenifer Lopez, Jessica Simpson, Khloe Kardashian, Gigi Hadid, designer Jonathan Simkhai and American footballer Odell Backham).In August 2018, Grande posted a picture of herself oh her Instagram account, where ... Read More
    Source: The IPKatPublished on 2019-05-15
  • Liquid Cannabis Patent Survives Section 101 Challenge
    By: Anthony J Fuga|Taite R McDonald|Michael Obeiter The U.S. District Court for the District of Colorado on April 17, 2019, upheld United Cannabis Corp.’s (UCANN) patent claims concerning a liquid cannabinoid formulation, “wherein at least 95% of the total cannabinoids is a specified cannabinoid or combination of them.”1 Pure Hemp challenged ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-05-15By Anthony Fuga
  • Liquid Cannabis Patent Survives Section 101 Challenge
    By: Anthony J Fuga|Taite R McDonald|Michael Obeiter The U.S. District Court for the District of Colorado on April 17, 2019, upheld United Cannabis Corp.’s (UCANN) patent claims concerning a liquid cannabinoid formulation, “wherein at least 95% of the total cannabinoids is a specified cannabinoid or combination of them.”1 Pure Hemp challenged ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-05-15By Anthony Fuga
  • Around the IP Blogs!
    There is a strong Patent flavour to this week’s Around the IP Blogs, including a number of cases from America.PatentsEPLaw reviews a number of cases that have taken place across Europe recently. First up is a summary of Phillips appeal regarding Philips’ Standard Essential European Patent EP 1 623 511 for a ... Read More
    Source: The IPKatPublished on 2019-05-15
  • Book review: Public rights – Copyright’s Public Domains
    What is the public domain? We know “ofit, but do we know exactly what it is made of or where to find it in the law? We certainly could not define it as simply (if at all) as we could list, off the top of our heads, the main ... Read More
    Source: The IPKatPublished on 2019-05-15
  • TILTing Perspectives 2019
    Save the date for the 6th conference TILTing perspectives! Every two years, the Tilburg Institute for Law, Technology, and Society (TILT) organizes the conference TILTing perspectives. The theme of this year's conference is ‘Regulating a world in transition’ and it will be taking place between 15 until 17 May at Tilburg ... Read More
    Source: The IPKatPublished on 2019-05-15
  • law firm alleging clients lost to competitor satisfies Lexmark, in part
    Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM-JPO, 2019 WL 2073872 (D. Kan. May 10, 2019)Brave, a personal injury firm, sued various parties for violating the Lanham Act and Kansas state law.  It alleged that “from 2007 to at least 2017, Defendants created and disseminated false ... Read More
    Source: TushnetPublished on 2019-05-14By Rebecca Tushnet
  • CopyrightX: Article 13
    Panel Two: Online Service Providers, Automated Anti-piracy Systems, and Article 13 [like CDA 230, it may never lose the initial number even if it no longer fits the statutory numbering]Moderator: Jennifer EschGiancarlo Frosio: Copyright and Article 13Summary of current provisions.  Automated technology is the intended effect. Hard to see how ... Read More
    Source: TushnetPublished on 2019-05-14By Rebecca Tushnet
  • CopyrightX summit: Keynote by Maria Strong
    CopyrightX summitKeynote: Maria Strong, Director of Policy & International Affairs, U.S. Copyright OfficeUpdate on elements of protection, exceptions/permissible uses.  Biggest news in 20 years: Music Moernization Act, including many recommendations from the CO.  Blanket license for digital music providers: new way for tech platforms and music providers to unite online. ... Read More
    Source: TushnetPublished on 2019-05-14By Rebecca Tushnet
  • CopyrightX: UGC panel
    Panel One: User-generated Content, Digital Labor, and Collaborative AuthorshipModerator: Bethany RabeRebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative ExpressionTitle assigned a few months ago is a little misleading because I actually wanted to take the opportunity to talk about the Copyright Office’s recent report on moral rights, though I’m ... Read More
    Source: TushnetPublished on 2019-05-14By Rebecca Tushnet
  • No knowledge in secondary copyright infringement of Eminem’s first album
    Rap star Eminem (Marshal Bruce Mathers III) became famous after his second album in 1999. His lesser-known first album, 'Infinite', recorded in 1996 was less successful, but was the subject of this recent dispute before Judge Hacon in the Intellectual Property Enterprise Court.Funky Bass Team Productions (FBT), a record company based in ... Read More
    Source: The IPKatPublished on 2019-05-14
  • The Agreement on African Continental Free Trade Area (AfCFTA) – Protocol on IP
    The African Union (AU) Commission Chairperson, Moussa Faki Mahamat, recently confirmed that the African Continental Free Trade Area (AfCFTA) will officially enter into force during the next Extra-Ordinary Heads of State and Government summit, scheduled for 7th July 2019. One African Market...Although 52 African countries signed the agreement establishing the ... Read More
    Source: The IPKatPublished on 2019-05-14
  • ‘Guns ‘N’ Rosé’ Beer: Sounds Familiar?
    A few months back, Nirvana instituted proceedings against Marc Jacobs for copyright infringement and various common law trade mark claims s under the Lanham Act and California state law – see here for the IPKat report. Guns N' Roses (“GNR”) is another rock and roll band to enter a federal ... Read More
    Source: The IPKatPublished on 2019-05-14
  • Amending a Statement of Case
    FinchimicaIsrael Patent Application Number IL 221005 titled “METHOD FOR THE SYNTHESIS OF 5- AMINO-1-PHENYL- 3-CYANO-4- TRIFLUOROMETHYL SULFINYL PYRAZOLE ” to Finchimica S.P.A. was allowed and published for opposition purposes and was opposed by Adama Machteshim ltd, ... Read More
    Source: The IP FactorPublished on 2019-05-14By Dr Michael Factor
  • Guest Post by Dr. Janice Denoncourt: Enriching Reporting on Intangibles: UK Financial Reporting Council’s Consultation
    Dr. Janice Denoncourt, a Senior Lecturer at Nottingham Law School, has authored the following guest post concerning updating accounting standards for intangibles.  Notably, her comments tie together contributions from her recently published book [Intellectual Property, Finance and Corporate Governance (2018)  is available from Routledge as part of the Research in ... Read More
    Source: IP financePublished on 2019-05-14By Mike Mireles
  • Converting an IPR Loss into a District Court Win
    It is very common to defend against a claim of patent infringement by litigating in the district court and the PTAB in parallel. The most straightforward-way for the defendant to win is to persuade the PTAB that the asserted patent is invalid. But, that is becoming more difficult as Director ... Read More
    Source: INTELLECTUAL PROPERTY LAW BLOGPublished on 2019-05-14By Chris Ponder and Jeffrey Liang
  • Does a “Launch At Risk” Automatically Exclude the Right to Appropriate Compensation for a Wrongfully-Issued Preliminary Injunction?
    A wrongfully-issued preliminary injunction (PI) is a case where a PI is given, only to be later revoked, typically because the underlying right turns out to be invalid or not infringed. The latest referral to the European Court of Justice (C-688/17, opinion of AG Pitruzzella available here in ... Read More
    Source: The IPKatPublished on 2019-05-13
  • Nemiroff
    nemiroffThe Nemiroff Intellectual Property Establishment has submitted a request for the cancelation of the competing marks proceeding between their Israel Trademark Application Numbers 290474, 290450, 294073 ו- and 304180 and RAM Development Associates LLC’s trademark Application ... Read More
    Source: The IP FactorPublished on 2019-05-13By Dr Michael Factor
  • Mr Justice Nugee and the Superhose: The potentiality of disclosure
    In a recent UK High Court case (Emson v Hozelock), Mr Justice Nugee, in a follow-up to the classic UK case Windsurfing, considered the issue of when a disclosure may be considered public. Mr Justice Nugee assessed whether the prior use of an invention by the inventor in his own private ... Read More
    Source: The IPKatPublished on 2019-05-13
  • HI-Q
    sansin brake 2An Israel trade-mark application for HI-Q was submitted by the SANGSIN BRAKE CO., LTD  for: “Cars for passengers (automobiles); air bag (safety device for automobiles); horns for vehicles; motor hoods for vehicles; bumpers for vehicles; ... Read More
    Source: The IP FactorPublished on 2019-05-13By Dr Michael Factor
  • Conversant v LG: No FRAND rate in sight, as the Paris Cour d’appel tackles essentiality and German trade secrets
    Paris Cour d'appel veers away from a FRANDrate, heading straight towards essentiality andtrade secrets With the UK courts getting so much attention in the battle for FRAND, it is important to remember that other jurisdictions are issuing as interesting decisions in other FRAND/SEP cases.  Two weeks ago, on 16 April 2019, ... Read More
    Source: The IPKatPublished on 2019-05-13
  • Rule 12(c) Judgment on Pleadings Must be on at Least an Entire Claim
    Kenall Mfg. Co. v. Cooper Lighting, LLC, No. 17 C 4575, Slip Op. (N.D. Ill. Dec. 10, 2018) (Feinerman, J.). Judge Feinerman granted in part plaintiff  Kenall’s Fed. R. Civ. P. 12(f) motion to strike defendants’ (collectively “Cooper”) affirmative defenses and denied Kenall’s Fed. R. Civ. P. 12(c) motion for ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-05-13By R. David Donoghue
  • Rule 12(c) Judgment on Pleadings Must be on at Least an Entire Claim
    Kenall Mfg. Co. v. Cooper Lighting, LLC, No. 17 C 4575, Slip Op. (N.D. Ill. Dec. 10, 2018) (Feinerman, J.). Judge Feinerman granted in part plaintiff  Kenall’s Fed. R. Civ. P. 12(f) motion to strike defendants’ (collectively “Cooper”) affirmative defenses and denied Kenall’s Fed. R. Civ. P. 12(c) motion for ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-05-13By R. David Donoghue