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Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases
The U.S. Court of Appeals for the Ninth Circuit reaffirmed its commitment to the rule that willfulness is a prerequisite for disgorgement of a trademark infringer’s profits in Stone Creek v. Omnia Italian Design, Case No. 15-17418 (9th Cir. July 11, 2017).

Federal Circuit rejects Amazon’s precedential plea in pillowcase suit
A three-judge panel handed down the decision on Thursday, June 20, without giving any reasons

Irishgold to change name after settlement with Kerrygold
Irish dairy seller Ornua, which produces the Kerrygold brand of butter, has reached a settlement with two US-based companies over the ‘Irishgold’ trademark

Kim Kardashian and Kylie Jenner embroiled in IP suits
Kardashian was sued by Kirsten Kjaer Weis (KKW), a Danish makeup artist, who accused the reality TV star of infringing her trademark

Man arrested as part of crackdown on illegal streaming devices
Police in Derbyshire executed a warrant on Tuesday, July 18, in efforts to clamp down on the use of illegal set-top boxes

BREIN outlines successes for first half of 2017
The actions included 45 cyberlocker link sites, 30 streaming sites and nine torrents sites sued by Fuse Chicken over fakes
Online retailer has been sued by Fuse Chicken, a designer and manufacturer of charging cables for smartphones and tablets, including the ‘Toughest Cable on Earth’

Chocolate brand seeks declaratory relief to stop Mars litigation
The owner of a chocolate brand who was sued by Mars in March has filed a complaint for declaratory relief looking to clear her of any wrongdoing and recover attorneys’ fees



The Japan Patent Office outlines goals for coming year as first woman commissioner takes over
This month Naoko Munakata was announced as the new commissioner of the Japan Patent Office, replacing the retiring Yoshinori Komiya

A Call for Enacting Urgent Patent Reform: A New Patent System for Securing U.S. Technological Leadership
The U.S. patent system is the primary contributor for the U.S. economy

Learning from common patent application mistakes by inventors
The goal in a patent application is to provide a full, clear, and exact description of the invention in a way that particularly points out and distinctly identifies what the inventor believes he or she has invented and wants the patent to cover

Now a Big Company Wants You to Take a Patent License…
Most high technology companies have a good grasp of the challenges and solutions for dealing with patent trolls

Breadth through Specificity: Supporting Alternative Embodiments with Multiple Examples in Patent Applications
In a recent series of cases, the Court of Appeals for the Federal Circuit (CAFC) evaluated whether examples in a patent specification will support infringement of alternative embodiments

Dyson sued for patent infringement over robot vacuum
The case was filed on Thursday, July 20, at the US District Court for the Northern District of Illinois

Apple receives backing from tech group in Qualcomm patent battle
A lobbying group that represents major technology companies including Google, Amazon and Samsung has urged US authorities to reject Qualcomm’s request for a ban on iPhone imports

WIPR survey: Readers agree that US patent system in poor health
Earlier in July, WIPR reported that Paul Michel, who served in the role from 2004 to 2010, had claimed that most patent owners are unable to enforce their rights and that the impact of “bad actors” within US patent litigation has had a “devastating impact on nearly all but giant multinational corporations”

Motorola continues patent suit spree against Hytera
In March this year, Motorola sued Hytera at the US District Court for the Northern District of Illinois, alleging that Hytera had intentionally infringed Motorola’s IP and misappropriated its trade secrets

Interim royalties may soon be a regular feature of Chinese patent litigation, and implementers will set the price
The legal environment around SEP and FRAND issues is developing very rapidly in China, and a new set of guidelines released by the Beijing Higher People’s Court adds yet more new ideas to the mix

The next PTO Director must grasp the fundamental fact that a patent secures a property right
Last week, on Friday, July 21, 2017, a group of private companies, professional associations, conservative policy organizations, and investors/commercializers sent a letter to Commerce Secretary Wilbur Ross urging the Trump Administration to pick as the next Director of the United States Patent and Trademark Office someone who “recognizes the value of patents in connection with growth of the U.S. economy, and grasps the fundamental fact that a patent secures a property right.” Headlining this coalition is the American Conservative Union, Conservatives for Property Rights, Eagle Forum Education & Legal Defense Fund, and IEEE-USA

Apple ordered to pay over $500m in patent dispute with University of Wisconsin
A US judge has ordered Apple to pay an additional $272 million in damages to the University of Wisconsin over its use of “predictor circuit” patents, bringing the total amount owed by Apple to more than $500 million

USPTO outlines public recommendations for section 101 future
The US Patent and Trademark Office (USPTO) has outlined recommendations submitted by the public on what measures should be taken to address the recent changes in patent eligibility law

New Report Presents Viewpoints on Patent Subject Matter Eligibility
This week, the USPTO published a new report synthesizing public comments on an important question for innovators in a wide variety of industries: What are the appropriate boundaries of patent eligible subject matter?

Big name Hilco hire shows semiconductor patent action hotting up thanks to 5G and the IoT
Hilco IP Merchant Banking, the advisory and investment platform formed last year by former Ocean Tomo executive Michael Friedman and ex-Rockstar head John Veschi, has made a key hire from Broadcom as it looks to expand its monetisation expertise into the semiconductor space

Unmanned Aerial Vehicle Patents: A Survey
Although many think of unmanned aerial vehicles (UAVs) or “drones” as a modern development, UAVs have an extensive history dating back to the original development of lighter-than-air flight

Patent Bar Groups Propose Legislation to Fix Patent Subject Matter Eligibility Problems
Since the recent Supreme Court (SC) decisions in Mayo, Myriad and Alice, the patent community has been roiled by unclear guidance in the area of patent subject matter eligibility (35 USC 101), especially as it relates to software and biotech. It’s true that the sky hasn’t fallen on the patents crucial to these industries, but that hasn’t quashed the call for Congress to intervene

The Myth of Patent Quality
The U.S patent system has been under attack for about a decade

ITC section 337 investigations doubled in 2016: report
The number of section 337 investigations and ancillary proceedings initiated in 2016 at the US International Trade Commission (ITC) nearly doubled compared with the previous year

EFF seeks default judgment in ‘stupid patent’ dispute
Civil liberties group the Electronic Frontier Foundation (EFF) is seeking default judgment in a dispute surrounding its ‘stupid patent’ blog

Patent owners sound alarm over proposed “compulsory licensing for SEPs” in Japan
A public comment period is now open on a number of IP system reforms being considered by Japanese policymakers, including a new alternative dispute resolution (ADR) system for SEP disputes

Revising Section 101 of the Patent Act: What’s at Stake?
Following several high-profile Supreme Court decisions about patent eligibility, the American Bar Association Section of Intellectual Property Law has recently proposed revised legislation to U.S. Patent and Trademark Office

Unmanned Aerial Vehicle Patents: A Survey
Although many think of unmanned aerial vehicles (UAVs) or “drones” as a modern development, UAVs have an extensive history dating back to the original development of lighter-than-air flight

Patent Quality Relies on a Fictitious Narrative
The main tenets of patent critics have been that patents are poor quality, that patents hold up manufacturers and that patent “trolls” have unfairly abused the courts to extort settlements from infringers

Infringer Profits in Design Patent Cases
Design patent infringement cases differ from other patent cases in that there is another remedy available for the patent holder

Rolls-Royce handed victory in IPR brought by GE
Rolls-Royce is the owner of US patent number 8,715,809 B2, titled “Composite structure”, which describes a composite structure for aerofoil guide vanes in a gas turbine compressor.




Man jailed for smuggling $15m of fake electronics
A man who was part of a group that smuggled counterfeit electronics from China into the US has been jailed for over three years

Alibaba succeeds in counterfeit cat food lawsuit
In March, WIPR reported that the counterfeiter was accused of selling RMB 2.67 million ($386,400) worth of goods on online shopping marketplace Taobao, which is owned by Alibaba

Dark web counterfeit hubs shut down
Two of the largest dark web markets, AlphaBay and Hansa, were shut down last week following a takedown operation




Fox and Paramount slapped with stolen technology claims
Yesterday, July 24, Rearden filed copyright and trademark infringement lawsuits against Fox and Paramount at the US District Court for the Northern District of California, San Francisco Division

Premier League granted ‘game-changing’ order against ISPs
The English Premier League has obtained a High Court order requiring UK (ISPs) to block servers that are hosting illegal streams of its football matches

Germany’s Supreme Court refers copyright queries to CJEU
Yesterday, July 27, the Bundesgerichtshof sought guidance from the Court of Justice of the European Union (CJEU) on the balancing of copyright and fundamental rights of freedom of information and freedom of the press



Intellectual Property

UKIPO hosts meeting on implementing trade secrets directive
A meeting convened by the UK Intellectual Property Office to discuss the implementation of the EU trade secrets directive is taking place today

The Role of Artificial Intelligence in Intellectual Property
Artificial Intelligence (AI) has been a technology with promise for decades




Facebook acquires IP recognition start-up
Social media site Facebook has acquired Source3, a start-up focused on the management of IP in user-generated content

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