Week’s news headlines – January 12th, 2018

Copyrights

Taylor Swift asks to shake off copyright lawsuit
The singer-songwriter’s lawyers asked the US District Court for the Central District of California to dismiss the claim on Wednesday, January 3
https://www.worldipreview.com/news/taylor-swift-asks-to-shake-off-copyright-lawsuit-15148

Sofia Richie hit with Instagram copyright claim
A photograph agency has hit fashion model Sofia Richie with a copyright claim after she posted images of herself on Instagram
https://www.worldipreview.com/news/sofia-richie-hit-with-instagram-copyright-claim-15146

YouTube white noise video hit by five copyright claims
Australia-based Sebastian Tomczak, who posts music and sound-related videos under the pseudonym ‘littlescale’ to several platforms including YouTube, confirmed the developments on Twitter
https://www.worldipreview.com/news/youtube-white-noise-video-hit-by-five-copyright-claims-15151

Lana Del Rey confirms Radiohead lawsuit
Taking to Twitter, Del Rey admitted that she is being sued by Radiohead due to similarities between her 2017 song “Get Free” and the 1993 song “Creep” by Radiohead
https://www.worldipreview.com/news/lana-del-rey-responds-to-radiohead-lawsuit-15154

Oracle’s copyright victory against Rimini upheld
The US Court of Appeals for the Ninth Circuit upheld the judgment of the trial court on Monday, January 8
https://www.worldipreview.com/news/oracle-s-copyright-victory-against-rimini-upheld-15157

Companies unite to build blockchain copyright protection platform
South Korea-based blockchain company Glosfer has united with Gemmy Company, which provides a platform to protect music copyrights, to create a copyright protection platform for the music industry-based on blockchain technology
https://www.trademarksandbrandsonline.com/news/companies-unite-to-build-blockchain-copyright-protection-platform-5148

Ed Sheeran hit with another copyright claim
Singer-songwriter Ed Sheeran has been hit with a copyright claim over a song he co-wrote with country stars Tim McGraw and Faith Hill
https://www.worldipreview.com/news/ed-sheeran-hit-with-another-copyright-claim-15173

 

Intellectual Property

UK solicitor body presents Brexit concerns for IP
The representative body for solicitors in England and Wales, the Law Society, has sent a note (pdf) to UK government officials detailing concerns around what leaving the EU will mean for IP continuity
https://www.worldipreview.com/news/uk-solicitor-body-presents-brexit-concerns-for-ip-15147

European Commission meets tech companies to address online IP breaches
Five European Commissioners met with representatives of online platforms in Brussels yesterday to discuss the progress being made in the fight against illegal content published online
https://www.worldipreview.com/news/european-commission-meets-tech-companies-to-address-online-ip-breaches-15169

 

Trademarks

Canadian brewery seeks to dismiss claim against US rival
Canada-based Moosehead Breweries has sought to dismiss its claim of trademark infringement and unfair competition against US-based competitor Hop’N Moose
https://www.worldipreview.com/news/canadian-brewery-dismisses-claim-against-us-rival-15149

Makeup artist smacks LVMH company with lip lawsuit
The complaint was filed at the US District Court for the Central District of California on Friday, January 5
https://www.worldipreview.com/news/makeup-artist-smacks-lvmh-company-with-lip-lawsuit-15153

Delta trademark case closed after notice of dismissal
A trademark case brought by Delta Airlines has been closed after the company filed a dismissal notice against unknown defendants
https://www.worldipreview.com/news/delta-trademark-case-closed-after-notice-of-dismissal-15161

Victoria’s Secret accused of TM infringement with Love promotion
The complaint (pdf) was filed at the US District Court for the Central District of California, Western Division, on Thursday, January 4
https://www.worldipreview.com/news/victoria-s-secret-accused-of-tm-infringement-with-love-promotion-15166

Forever 21 tries to drag Rihanna into Puma brawl
Fashion retailer Forever 21 is refusing to lie down in a legal fight that sportswear company Puma began in April last year and is attempting to bring singer Rihanna into the brawl
https://www.worldipreview.com/news/forever-21-tries-to-drag-rihanna-into-puma-brawl-15164

Lush files lawsuit to clean up trademark infringement
The claim was filed at the US District Court of South Carolina, Charleston Division, on Tuesday, January 9, against defendant Lush Salon, which provides hair services and sells branded hair products
https://www.worldipreview.com/news/lush-files-lawsuit-to-clean-up-trademark-infringement-15175

INTA elects 2018 president
Berard, who has been on INTA’s board since 2011, previously served as vice president and general counsel for Boston-based online diamond retailer Hearts on Fire Company, and is now the company’s INTA designee
https://www.worldipreview.com/news/inta-elects-2018-president-15178

 

Patents

PTAB Errors Fatal to Hundreds of Legitimate Patents
Apologists for the Patent Trial and Appeal Board (PTAB), including Greene’s Energy Group and the Department of Justice continue to proffer the fallacy that the PTAB is merely “correcting” errors committed by the USPTO in issuing “bad” patents through the use of America Invents Act (AIA) post-grant proceedings to adjudicate a patent’s validity
http://www.ipwatchdog.com/2018/01/07/ptab-errors-fatal-legitimate-patents/id=91457/

Patent-Ineligibility of Medical Diagnostics, Life Sciences Discoveries Arrests U.S. Progress
In late November, a few announcements issued by academic research centers in Europe indicated that some impressive advancements in the medical and life sciences were unfolding, each of which could prove to have major industry impacts
http://www.ipwatchdog.com/2018/01/07/patent-ineligibility-medical-diagnostics-life-sciences-discoveries/id=90805/

Record number of invention patent applications in China
China received 1.38 million such applications last year, according to Shen Changyu, head of SIPO, at a meeting on Thursday, January 4. He said 744,000 patents have been processed and concluded
https://www.worldipreview.com/news/record-number-of-invention-patent-applications-in-china-15155

58 Patents Upheld in District Court Invalidated by PTAB on Same Grounds
Recently, there has been some public debate over research regarding the validity of patents that are upheld in federal district court and which are then invalidated through various review challenges instituted at the Patent Trial and Appeal Board (PTAB)
http://www.ipwatchdog.com/2018/01/08/58-patents-upheld-district-court-invalidated-ptab/id=91902/

EPO and Canada extend PPH pilot
The extension of the pilot, which allows applicants who have been successful in obtaining a patent at one office to request accelerated examination at the other, was announced on Friday, January 5
https://www.worldipreview.com/news/epo-and-canada-extend-pph-pilot-15158

En banc Fed Circuit: PTAB decisions on timeliness can be appealed
Parties can file court challenges against determinations by the Patent Trial and Appeal Board (PTAB) on whether an inter partes review (IPR) petition is timely, the US Court of Appeals for the Federal Circuit ruled yesterday
https://www.worldipreview.com/news/en-banc-fed-circuit-ptab-decisions-on-timeliness-can-be-appealed-15156

Billions of Dollars at Risk: How to Manage Patent Licensing Across Entire Industries. A Case Study
When managing many of cross-licensing negotiations it can be hard to prioritize your activities. In a recent case, the client experienced this very thing and felt they would benefit from a clear overview of their efforts
http://www.ipwatchdog.com/2018/01/09/cross-licensing-negotiations-patent-risk-mitigation-case-study/id=91362/

IBM obtains more than 100,000 US patents in 25 years
Cloud computing company IBM has once again been assigned the most patents in the US, according to the rankings by IFI Claims
https://www.worldipreview.com/news/ibm-obtains-more-than-100-000-us-patents-in-25-years-15167

Patent Reform Advocate, Congressman Darrell Issa, Will Not Seek Re-election
Earlier today Congressman Darrell Issa (R-CA), announced that he will not seek re-election in 2018 and will retire from Congress
http://www.ipwatchdog.com/2018/01/10/patent-reform-advocate-congressman-darrell-issa-retires/id=92127/

Taco plate claims against Amazon dismissed
A patent infringement case involving Amazon.com and taco plate manufacturer Jarratt Industries has been conditionally dismissed (pdf) without prejudice
https://www.trademarksandbrandsonline.com/news/taco-plate-claims-against-amazon-dismissed-5145

Blue Coat granted non-infringement ruling in Finjan patent case
However, the US Court of Appeals for the Federal Circuit said yesterday, January 10, that two patents owned by Finjan, which took Blue Coat to court, had been infringed by Blue Coat
https://www.worldipreview.com/news/blue-coat-granted-non-infringement-ruling-in-finjan-patent-case-15177

Patents no barrier to Chinese smartphones in the US market
In recent weeks, no fewer than four Chinese smartphone companies have re-affirmed their determination to crack the US sales market, despite what seem like significant political headwinds
http://www.iam-media.com/blog/Detail.aspx?g=76a89088-610f-44ad-848e-342b5152e54b

Brazilian PTO Considers Automatically Granting 231,000 Patents to Get Rid of Backlog
The Brazilian Government is considering the adoption of an emergency measure to eliminate the Patent Office chronic backlog problem by automatically granting, without examination, 231,000 pending applications until 2020
http://www.ipwatchdog.com/2018/01/11/brazilian-pto-considers-automatically-granting-patents/id=91787/

Federal Circuit Remands PTAB Decision to Uphold Patent Claims Challenged By Nintendo
On Wednesday, December 27th, the Court of Appeals for the Federal Circuit entered a non-precedential decision in Nintendo of America, Inc., et. al. v. iLife Technologies, Inc. which affirmed-in-part a final written decision issued by the Patent Trial and Appeal Board (PTAB) which upheld claims of a patent challenged by Japanese video gaming giant Nintendo
http://www.ipwatchdog.com/2018/01/11/federal-circuit-remands-ptab-decision-uphold-patent/id=91764/

 

Nome de Domínio

CPA Global launched domain name fight to ‘harass’ law firm: WIPO panel
IP management company CPA Global has failed in its bid to win a domain name owned by a law firm that is considering starting a class action lawsuit against the company
https://www.worldipreview.com/news/cpa-global-launched-domain-name-fight-to-harass-law-firm-wipo-panel-15172

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Brazilian Patent Office publishes guidelines for examination of applications related to chemistry

Recently, the Brazilian Patent and Trademark Office (BPTO) published new guidelines for the examination of patent applications related to chemistry. These guidelines are intended to complement the general rules regarding patentability and formalities observed by the BPTO.

The guidelines detail what the BPTO considers as sufficient for a patent application related to chemistry. Amongst the mentioned topics, the following are treated in detail: chemical compounds; stereoisomers; polymorphs; combinations of chemical compounds; and others.

Another element addressed by the guidelines pertains to patent applications that request patent rights for new uses of known products, especially for medical purposes. The BPTO points out that the specification of the patent application must describe, clearly and sufficiently, this new use.

When a patent application refers to a new use for a number of chemical compounds identified, for instance, in a Markush structure, the use of the compounds must be effectively demonstrated in the specification of the patent application for it to meet the requirement of sufficient description. Yet, according to the BPTO, it is not possible to project the new use of one compound to all the others, unless the applicant presents tests that prove an equivalence of effects.

These guidelines revoke the previous guidelines published in 2002 by the BPTO for the examination of patent applications on Biotechnology and Pharmacy.

For more information on the guidelines or regarding patents and intellectual property in general, please do not hesitate to contact us.

Click here to read in PDF

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UPCOMING EVENT: IFA Annual Convention

Convenção Anual da IFA

From February 7 to 14th, managing partner Gabriel Di Blasi will take part in the 58º edition of IFA (International Franchising Association) Annual Convention in Phoenix, Arizona. The event brings specialists in business, economy, and others segments to talk about opportunities for franchising.

Click here for more information

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