Week’s news headlines – December 8th, 2017

Patents

Three suits filed by Apple and Qualcomm on busy day for US court
The complex patent dispute between Apple and Qualcomm took another twist this week with three filings being made on Wednesday, November 29
https://www.worldipreview.com/news/three-suits-filed-by-apple-and-qualcomm-on-busy-day-for-us-court-15022

Unwired Planet confidentiality issues resolved´
A revised version of the English High Court judgment in the litigation between Unwired Planet and Huawei has been published, after the judge addressed various confidentiality requests by the parties
https://www.worldipreview.com/news/unwired-planet-confidentiality-issues-resolved-15020

U.S. Leads World in Quantum Computing Patent Filings with IBM Leading the Charge
The ever-decreasing size of transistors and circuitry utilized in computing devices today are necessitating a push towards quantum computing, or computing architectures for performing operations with components utilizing quantum-mechanical phenomena
http://www.ipwatchdog.com/2017/12/04/u-s-leads-world-quantum-computing-patent-ibm/id=90304/

Has the Patent System failed US tech companies?
On account of Gene being temporarily out-of-action due to back surgery, he tossed me some assignments in the “Press” arena. He asked if I would cover and report on the recent IAM Conference (11/14/27) in D.C. I previously summarized the Keynote. This article summarizes the Panel presentations
http://www.ipwatchdog.com/2017/12/03/patent-system-failed-us-tech/id=90660/

Philips, ZOLL closing in on a settlement of patent litigation over defibrillator technologies
On November 3rd, a joint request for temporary stay was filed in the District of Massachusetts in a patent infringement case which has played out between Dutch medical electronics firm Koninklijke Philips (NYSE:PHG) and Chelmsford, MA-based medical product developer ZOLL Medical Corporation (NASDAQ:ZOLL) since June 2010
http://www.ipwatchdog.com/2017/12/03/philips-zoll-settlement-patent-litigation-defibrillator-technologies/id=90498/

News analysis: A poisoned chalice for the EPO’s new boss?
With staff morale one of the pressing challenges facing the EPO’s president-elect António Campinos, WIPR considers whether he can bring staff and management closer together
https://www.worldipreview.com/contributed-article/news-analysis-a-poisoned-chalice-for-the-epo-s-new-boss

BlackBerry ‘accepts’ $157m patent payment to Nokia
Canadian technology company BlackBerry has said it accepts a ruling from the International Court of Arbitration which ordered it to pay $157 million in patent licensing fees to Nokia
https://www.worldipreview.com/news/blackberry-accepts-157m-patent-payment-to-nokia-15028

Hytera fires back at Motorola with competition lawsuit
Radio manufacturer Hytera Communications has accused Motorola Solutions of engaging in anti-competitive practices in the latest twist in the war between the two companies
https://www.worldipreview.com/news/hytera-fires-back-at-motorola-with-competition-lawsuit-15036

InterDigital in patent deal with LG Electronics
Wireless technology provider InterDigital and technology company LG Electronics have signed a multi-year and worldwide patent licence agreement
https://www.worldipreview.com/news/interdigital-in-patent-deal-with-lg-electronics-15038

Battistelli to succeed Campinos as training centre board chair
Benoît Battistelli, the current head of the European Patent Office (EPO), has been elected as chairman of the Center for International Intellectual Property Studies’ (CEIPI) administrative board
https://www.worldipreview.com/news/battistelli-to-succeed-campinos-as-training-centre-board-chair-15037

An exclusive look inside BlackBerry’s patent portfolio as the company continues its monetisation drive
The last five years have been busy for BlackBerry on the patent front as it has moved from a relatively passive, defence-based strategy to one that is much more focused on monetisation
http://www.iam-media.com/blog/Detail.aspx?g=74528ee4-16b0-439b-b4f4-f51d6df58975

Current patent data offerings leave IP owners in the dark, says top Foxconn IP advisor
While there is more freely available patent information from around the world than ever before, both governmental and commercial data offerings still leave executives ill-equipped to make crucial strategic decisions
http://www.iam-media.com/blog/Detail.aspx?g=cfa4b542-e22d-4a49-a98c-4755a14838dc

Packet Intelligence patents see different infringement outcomes in separate Eastern Texas cases
On Thursday, November 9th, a jury verdict entered in a patent infringement case in the Eastern District of Texas held that plaintiff Packet Intelligence, a patent owning entity headquartered in Marshall, TX, did not prove infringement of claims from three patents asserted against Canadian communications service solutions provider Sandvine Corporation (TSE:SVC)
http://www.ipwatchdog.com/2017/12/06/packet-intelligence-patents-different-infringement-eastern-texas/id=90292/

RPost Does Not Meet Any Definition of ‘Patent Troll’
Changes to patent law that attempt to weaken the patent system, and decisions that invalidate patents based on section 101 such as the decision at issue in RPost v. GoDaddy, have often been publicly justified as being necessary to stop nasty patent trolls
http://www.ipwatchdog.com/2017/12/05/rpost-not-patent-troll/id=90783/

Sprint accuses cable company of patent infringement
Telecoms company Sprint has accused Mediacom Communications, a cable TV and communications provider, of infringing 13 patents covering voice-over-packet (VoP) technology
https://www.worldipreview.com/news/sprint-accuses-cable-company-of-patent-infringement-15051

 

Trademarks

EU General Court rules that ‘Real’ cannot be trademarked
In the decision, handed down yesterday, November 30, the General Court dismissed an appeal from Hanso Holding and ordered it to pay all costs
https://www.worldipreview.com/news/eu-general-court-rules-that-real-cannot-be-trademarked-15021

INTA Berlin 2017: Pacari Chocolate founder talks building a sustainable business
The founder of Pacari Chocolate, a sustainable and organic company based in Ecuador, was on hand to kick off the International Trademark Association’s Brand Authenticity conference in Berlin today
https://www.worldipreview.com/news/inta-berlin-2017-pacari-chocolate-founder-talks-building-a-sustainable-business-15017

INTA Berlin 2017: Why CSR is crucial for brands
Companies have evolved from philanthropic efforts to having a truly embedded corporate social responsibility (CSR), explained Etienne Sanz de Acedo, CEO of the International Trademark Association (INTA)
https://www.worldipreview.com/news/inta-berlin-2017-why-csr-is-crucial-for-brands-15018

INTA Berlin 2017: Lego blueprints may be future in 3D printing world
Although 3D printing of Lego bricks at home may not currently be a feasible option, the future may hold something different, an industry conference heard
https://www.worldipreview.com/news/inta-berlin-2017-lego-blueprints-may-be-future-in-3d-printing-world-15019

Lawyers disappointed by ‘fiendishly technical’ Red Bull decision
IP lawyers are largely disappointed with the EU General Court’s decision to reject Red Bull’s applications for its blue/silver combination mark, but they said there is still hope for brand owners
https://www.worldipreview.com/news/lawyers-disappointed-by-fiendishly-technical-red-bull-decision-15023

Swedish company hit with second General Court TM rejection
The latest rejection was handed down by a three-judge panel on Thursday, November 30
https://www.worldipreview.com/news/swedish-company-hit-with-second-general-court-tm-rejection-15031

INTA Berlin 2017: Sustainability essential, claims Fjällräven officer
Sustainability is a must-have approach for businesses, according to Aiko Bode, group chief sustainability officer at Fenix Outdoor International
https://www.worldipreview.com/news/inta-berlin-2017-sustainability-essential-claims-fjallraven-officer-15027

INTA Berlin 2017: Trademarks v traditional knowledge
When brand owners take inspiration from indigenous cultures, it can cause offence but may not be a legal issue, an industry conference heard
https://www.worldipreview.com/news/inta-berlin-2017-trademarks-v-traditional-knowledge-15024

INTA Berlin 2017: No rush expected for EU certification regime
David Stone, partner at Allen & Overy, is not convinced that the new EU certification regime will see a rush of people applying for registrations
https://www.worldipreview.com/news/inta-berlin-2017-no-rush-expected-for-eu-certification-regime-15026

Sazerac settles bourbon trademark dispute
Distillery Sazerac Brands and Tennessee-based Prichard’s Distillery have settled a trademark dispute, more than three years after Prichard’s sued
https://www.worldipreview.com/news/sazerac-settles-bourbon-trademark-dispute-15029

CITMA warns UK government over failure to remain in EEA post-Brexit
The Chartered Institute of Trade Mark Attorneys (CITMA) has warned the UK government that the cost of UK trademark lawyers losing their right to represent clients at the European Union Intellectual Property Office (EUIPO) could total £1.7 billion ($2.3 billion) per year
https://www.worldipreview.com/news/citma-warns-uk-government-over-failure-to-remain-in-eea-post-brexit-15040

EU General Court backs Apple in ‘Mi Pad’ dispute with Xiaomi
The EU General Court has today backed Apple in a trademark dispute with Chinese electronics company Xiaomi over ‘Mi Pad’
https://www.worldipreview.com/news/eu-general-court-backs-apple-in-mi-pad-dispute-with-xiaomi-15039

Lex Machina’s 2017 Trademark Litigation Report Shows High Percentage of Overall Damages Awarded on Default Judgment
In late November, legal data analytics firm Lex Machina released its 2017 Trademark Litigation Report, which identifies trends in the current landscape regarding trademark litigation in U.S. district courts
http://www.ipwatchdog.com/2017/12/05/2017-trademark-litigation-report-damages-awarded-default-judgment/id=90683/

The non-usual shape of a product is eligible for 3D trademark registration
CAR-FRESHNER CORPORATION (“CFC”) is the manufacturer of the world-famous LITTLE TREES automobile air fresheners
http://www.wanhuida.com/tabid/259/ArticleID/6071/Default.aspx

Trademarks composed of different letters may still cause confusion and thus constitute similar trademarks
Despite the differences in the letters composing the two word marks, the similarity in terms of font, design and arrangement creates a similar overall visual effect
http://www.wanhuida.com/tabid/259/ArticleID/6072/Default.aspx

EU issues trademark notice on ‘no Brexit agreement’
As Brexit negotiations continue, the European Commission has prepared a notice for trademark owners regarding a potential scenario in which no agreement is reached between the UK and the EU
https://www.worldipreview.com/news/eu-issues-trademark-notice-on-no-brexit-agreement-15053

CJEU rules that brand owners can restrict online sales to protect image
The Court of Justice of the European Union (CJEU) has ruled that luxury brand owners can restrict their authorised distributors from selling their products on internet platforms to protect their image
https://www.worldipreview.com/news/cjeu-rules-that-brand-owners-can-restrict-online-sales-to-protect-image-15052

EUIPO erred in Coca-Cola clash, says General Court
Coca-Cola emerged victorious this morning as the EU General Court ruled that the European Union Intellectual Property Office (EUIPO) incorrectly analysed a trademark case that had gone against the multinational
https://www.worldipreview.com/news/euipo-erred-in-coca-cola-clash-says-general-court-15050

 

Counterfeiting

Disney tackles DVD kiosk company over illegal film codes
Disney is not happy with Redbox—as the multinational believes the DVD kiosk company has been illegally selling Disney’s digital film codes to customers
https://www.worldipreview.com/news/disney-tackles-dvd-kiosk-company-over-illegal-film-codes-15030

Copyright directive talks on verge of causing ‘irreparable damage’
Negotiations on the EU copyright directive for the Digital Single Market are on the verge of “causing irreparable damage” to Europe, more than 80 organisations have claimed
https://www.worldipreview.com/news/copyright-directive-talks-on-verge-of-causing-irreparable-damage-15035

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MERCOSUR and European Union set to enter into agreement that will affect geographical indications

Representatives of MERCOSUR and the European Union have been conducting meetings throughout the year to strengthen their economic relations in a number of aspects, which is set to result in an economic agreement between the organizations. The BPTO has been actively participating in the meetings, as there is a chapter of the agreement that pertains to geographical indications.

The chapter of the agreement that focuses on geographical indications allows that each economic group shall submit a list of their officially recognized geographical indications. Interested parties may contest registrations on the list being approved in their jurisdictions in MERCOSUR, including in Brazil. The EU will then have the opportunity to reply, at which point the BPTO shall render a technical opinion on the subject and forward it to the Brazilian Minister of Foreign Affairs.

The recognition by Brazil and MERCOSUR of geographical indications granted overseas amounts to a pivotal opportunity for economic and political growth, as such registrations and the rights that they provide not only benefits the producers but also highlights the quality of products and services of a particular origin.

If you wish to know more about Geographical Indications, as well as other Intellectual Property rights, please do not hesitate to contact us.

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UPCOMING EVENT: INTA Leadership Meeting

Inta Leadership Meeting

From December 7th to 10th, managing partner Gabriel Di Blasi will participate to INTA Leadership meeting. The event brings together INTA volunteers and leaders once a year to discuss the Association’s objectives. This year, INTA Leadership Meeting will take place in Washington, USA.

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