Patents

by Dennis Crouch The U.S. Supreme Court is set to hear oral arguments on Monday, December 9 in the pending IPR Appeal that is now captioned Thryv, Inc. v. Click-to-Call Technologies, LP (SCT Docket No. 18-916).   The focus of the case is statutory declaration that the PTO Director’s decision of ... Read More

One week ago, Reuters' Foo Yun Chee (who's been covering EU competition matters for more than a decade and whom I regard very highly) reported on a statement by Nokia according to which "the Finnish telecoms equipment maker had submitted a proposal for resolving the patent licensing fee row." This ... Read More

CXMT picks up former Qimonda rights at a time when Beijing government is prioritising creation of national champions ... Read More

Senators Tillis (R-NC), Coons (D-DE), Cassidy (R-LA) & Hirono (D-HI) have introduced the “Counterfeit Goods Seizure Act of 2019.” Short and sweet — the two-page bill adds design patent infringement as justification for US Customs and Border Patrol to seize goods at the border. The amended statute would read as ... Read More

Bill Merritt speaks exclusively to IAM after the company files London lawsuit against Huawei which, he claims, is "working hard to have Chinese courts set-up as a royalty-determining jurisdiction for the world” ... Read More

What is Patent Landscaping? “Landscape” generally denotes to all the visible features of an area of land. Similarly, “Patent Landscaping” is a process to create an overview of patents that are pending or in process in a particular area. In a manner, it can also be defined as a process ... Read More

Trump administration said to be considering weakening provisions to break political gridlock over USMCA ... Read More

IAM is currently seeking nominations for individuals to be considered for the 2020 edition of the Strategy 300 - our unique guide to the men and women who excel in the creation of IP value ... Read More

Huawei, Nokia and top Japanese brands discussed the licensing conflicts confronting the industry in front of a packed room in Shanghai ... Read More

Francois Pochart, Thierry Lautier and Lionel MartinThe PACTE law of May 22nd[1] introduced new opposition proceedings against French patents before the French PTO. A draft amendment to the Intellectual Property Code (hereinafter referred to as “IPC”) is currently under consideration in order to specify the modalities of proceedings (deadlines, costs, ... Read More

Mulgrew jumps ship months after ride sharing-giant’s IPO; in new position will report into former Kodak CIPO Laura Quatela ... Read More

I am presently researching the most appalling miscarriage of justice that ever occurred in a German patent case: dozens of people lost their jobs over a patent--held by a publicly-traded U.S. corporation--that later got invalidated by the Federal Patent Court of Germany (a problem commonly referred to as the "injunction ... Read More

Brian Corderyby Selina Badiani The leading Supreme Court case of Actavis v Eli Lilly [2017] UKSC 48 introduced a doctrine of equivalents into UK patent law for the first time in many years. Since then, the Court of Appeal has given further guidance on this doctrine in Icescape Limited v ... Read More

Secret government documents detailing pharma patent discussions between UK and US officials have stirred up a controversy in the run up to the British general election later this month ... Read More

SANGENIC V. LAMICO / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (DIAPER PAIL REFILLS) – Presumption of validity of granted rights, infringement by equivalent means, loss of rights/acquiescence, recall of products, damages and compensation, proportionality Sangenic International Limited (“Sangenic”) v. Lamico ApS (“Lamico”), the Danish Maritime and Commercial High Court ... Read More

A good result in a German court and the settlement of a key competitor dispute are among positive signs for the company, but US sanctions continue to cloud future ... Read More

With amendments to the trademark regulations in March, further updates and refinements in October and an ongoing discussion on the concept of IP courts, 2019 has been a year of change for the Polish Industrial Property Law. This article addresses the October update, which was adopted on 16 October 2019 ... Read More

Joint ownership of exclusive rights to a trademark is increasingly important for co-owners of businesses, yet it is still unobtainable under the Russian system. Recent Russian court rulings – including those of the Supreme Court – as well as positions taken by the Russia Patent and Trademark Office, have brought into ... Read More

Biodiversity in Brazil has significant potential to treat many diseases and health problems. As such, it is of great importance in the R&D of drugs and compounds, which are protectable by patents. However, legislation on national genetic heritage must be accurately observed when filing for a patent. ... Read More

Hetti HilgeIn its latest ruling on FRAND and the Art. 102 TFEU defense, the OLG (Higher Regional Court) Karlsruhe put an emphasis on the ‘fairness’ of the licensing negotiation procedure and thus on the ‘F’ prong of FRAND. To allow fair and expedient licensing negotiations and avoid a finding of ... Read More

Congress is moving on Trademark Legislation with a number of different potential proposals circling. Today, the Senate IP Subcommittee (Judiciary) held hearings on trademark law: Fraudulent Trademarks: How They Undermine the Trademark System and Harm American Consumers and Businesses Testimony came from: Prof. Professor Barton Beebe (NYU) (trademark depletion; 2/3 of ... Read More

Earlier this year it became known that Qualcomm used to charge (and maybe still does, depending on the terms of the recent settlement) Apple a 5% wireless patent royalty on iPhone repairs. That's bad enough, but imagine what would happen if all of us had to indirectly pay wireless patent ... Read More

Last January (2019) I wrote that I wanted Google to be granted certiorari (Supreme Court review) of Oracle's copyright win(s) in the Federal Circuit, but I also made it clear I wnated affirmance (no surprise to anyone who knows what I wrote about the case in previous years). The first ... Read More

Yesterday, the United States Trade Representative (USTR)--which is the title of a presidential appointee at the rank of an ambassador (presently Robert Lighthizer), who has an entire agency, the Office of the USTR, working under him--published the findings (PDF) from the first segment of its Section 301 (Trade Act of ... Read More

Thorsten Bausch“Alle Jahre wieder” (Every year) is the title of one of the most popular German Christmas songs. And alle Jahre wieder / every year there is advent time, which seems to be the perfect time for the invocation of the immediately imminent advent of the Unified Patent Court (UPC). ... Read More

Brian Cordery and Matthew RaynorOn 29 November 2019, the Patents Court of England and Wales handed down it decision revoking Conversant’s UK patent relating to an improved user interface on smartphone devices. Unlike earlier infringement actions brought by Conversant against Huawei and ZTE in the UK, this action brought against ... Read More

This week’s Patent & Design data has been compiled from the Official Journal of the Patents and Designs Office published by the patent office on the 29thof November 2019. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm. INDIAN PATENT ... Read More

CEO Alfalahi – deal is further sign that one-stop solution is paying off; expect Internet of Things deals to follow in 2020   ... Read More

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV The claimants, collectively known as Vestel, brought an action against defendants Advance and Philips for relief from an Article 102 abuse of a dominant position in relation to standard essential patents and licence fees. Advance and Philips ... Read More

Bart van WezenbeekWhere an expression in a granted claim, taken literally and in isolation, would have the effect of excluding all of the disclosed embodiments from the scope of protection, but where a definition of the expression may be derived from the patent itself which would locate (at least some ... Read More