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Patents

Importance of Motions to Stay in Modern Patent Litigation
The TC Heartland decision follows the trend of eroding patent holder rights due to the potential for infringers to more easily move the lawsuit to a more favorable forum and in some cases have the issues of infringement and discovery for same stayed for a year or more
http://www.ipwatchdog.com/2017/10/29/importance-of-motions-to-stay-in-modern-patent-litigation/id=89605/

CAFC Rules Mass Transit Fare System Claims Patent Ineligible
The majority of a Federal Circuit panel affirmed a district court’s holding that several claims of four related patents “are directed to an abstract idea and otherwise lack an inventive concept, such that they are patent ineligible under § 101.”
http://www.ipwatchdog.com/2017/10/29/cafc-mass-transit-fare-system-claims-patent-ineligible/id=89683/

Patent Drafting: Understanding the Enablement Requirement
The crux of this so-called adequate description requirement — which arises under 35 U.S.C. 112 — is that once the first four patentability requirements are satisfied the applicant still must describe the invention with enough particularity such that those skilled in the art will be able to make, use and understand the metes and bounds of the invention disclosed
http://www.ipwatchdog.com/2017/10/28/patentability-drafting-enablement-requirement/id=89721/

Apple and BMW urge EU to rethink patent stance
Apple, Volkswagen and BMW are among major brands that have reportedly warned EU regulators not to adopt patent licensing fee guidelines favoured by Qualcomm and Ericsson
https://www.worldipreview.com/news/apple-and-bmw-urge-eu-to-rethink-patent-stance-14836

Under Armour signs truce with Lululemon
In July, Lululemon accused Under Armour of trade dress and design patent infringement in a lawsuit centring on sports bras owned by Lululemon
https://www.worldipreview.com/news/under-armour-signs-truce-with-lululemon-14838

Amazon and Broadcom agree to dismiss IPR
In August, the Patent Trial and Appeal Board (PTAB) instituted an IPR covering certain challenged claims of US patent number 6,766,389 B2
https://www.worldipreview.com/news/amazon-and-broadcom-agree-to-dismiss-ipr-14837

New licensing vehicle will be offering a slice of 12,000 former Nokia patents for just $100,000
Earlier this month we broke the story of how a large portfolio of Nokia patents had been acquired by Provenance Asset Group LLC, which is led by Dan McCurdy and Tim Lynch of Quatela Lynch McCurdy (QLM)
http://www.iam-media.com/blog/Detail.aspx?g=3026deb8-7573-47b6-ae61-a87847eb79d2

PTAB, Patent Trolls, Bad Patents, and Data: A Wakeup Call to AIA Apologists
Since the PTAB declared two of my Bunch O Balloons patents obvious in an institution decision earlier this year, I have visited with many lawmakers and officials to describe my ordeal: six (6) patents, one (1) notorious infringer, five (5) cases in district court, eight (8) appeals to the CAFC, four (4) preliminary injunctions, eight (8) PTAB petitions, four (4) trials instituted, and $18M in legal costs
http://www.ipwatchdog.com/2017/10/30/ptab-patent-trolls-bad-patents-wakeup-aia-apologists/id=89609/

Federal Circuit reignites Microsoft patent battle
The US Court of Appeals for the Federal Circuit has reignited a patent battle between multinational Microsoft and software company MasterMine Software
https://www.worldipreview.com/news/federal-circuit-reignites-microsoft-patent-battle-14844

UK lawmakers selected to scrutinise UPC legislation
The UK Members of Parliament (MPs) who will sit on the committee which will scrutinise the next stage of the Unified Patent Court (UPC) legislation have been confirmed
https://www.worldipreview.com/news/uk-lawmakers-selected-to-scrutinise-upc-legislation-14848

Samsung phones and laptops to face USITC investigation
Yesterday, October 31, the ITC announced it will probe “wafer-level packaging semiconductor devices and products” after a complaint filed by Tessera Advanced Technologies in September
https://www.worldipreview.com/news/samsung-phones-and-laptops-to-face-usitc-investigation-14850

Choosing Between Patents and Trade Secrets, A Discussion Worth Revisiting
Patenting and secrecy are the two major methods of protecting technology that supports competitive advantage
http://www.ipwatchdog.com/2017/11/01/patents-and-trade-secrets-revisited/id=89641/

Patent Drafting Webinar: Trends and Realities of 112 Disclosure Requirements
The patent specification has always been a critical part of the patent application, but the specification has become increasingly important in recent years
http://www.ipwatchdog.com/2017/11/01/patent-drafting-webinar-112-disclosure-requirements/id=89659/

Is the patent licensing market dead?
IP Dealmakers 2017 will take place from November 15-17, 2017, at the Apella at 450 East 29th Street, New York, NY
http://www.ipwatchdog.com/2017/10/31/patent-licensing-market-dead/id=89495/

Patent-Based Financings: Unlocking Licensing Revenues While Mitigating IP Monetization Risks
Patent monetization has become nearly impossible for middle-market technology companies without engaging in some level of legal action
http://www.ipwatchdog.com/2017/10/31/patent-based-financings-unlocking-licensing-revenues/id=89705/

The benefits of the provisional patent application
With the enactment of the America Invents Act (AIA), signed into law on September 16, 2011 and effective as of March 16, 2013, there are radically new criteria governing who will be awarded a US patent
https://www.worldipreview.com/contributed-article/the-benefits-of-the-provisional-patent-application

Federal Circuit affirms Delaware Alice decision
The US Court of Appeals for the Federal Circuit has backed a lower court in finding that patents owned by technology company Two-Way Media are invalid under the Alice v CLS Bank test
https://www.worldipreview.com/news/federal-circuit-affirms-delaware-alice-decision-14860

Under Armour on the offensive, days after Lululemon settlement
Less than a week after settling its trade dress and design patent infringement case with rival Lululemon, clothing company Under Armour has asked a US court to declare it has not infringed two trademarks
https://www.worldipreview.com/news/under-armour-on-the-offensive-days-after-lululemon-settlement-14861

Restoring the Right to Permanent Injunctions: A Patent Reform Agenda
At some point during 2018 Congress will likely become interested in patent reform
http://www.ipwatchdog.com/2017/11/02/restoring-right-permanent-injunctions-patent-reform-agenda/id=89848/

PTAB and Federal Circuit in tune research shows
The Court of Appeals for the Federal Circuit affirmed three quarters of inter partes reviews (IPR) and covered business method (CBM) decisions made by the Patent Trial and Appeal Board (PTAB) up to October 15, 2017
https://www.worldipreview.com/news/ptab-and-federal-circuit-in-tune-research-shows-14869

 

Copyrights

Creators of This Is Spinal Tap sue Vivendi for $400M over breach of contract, declaratory judgment of copyright reversion claims
On Thursday, October 19th, the creators of the 1984 rock band mockumentary This Is Spinal Tap filed a second amended complaint against French mass media company Vivendi SA (EPA:VIV) in the Central District of California
http://www.ipwatchdog.com/2017/10/29/creators-this-is-spinal-tap-sue-vivendi/id=89529/

Characters for Hire cite to Naked Cowboy in fighting Disney’s claims of copyright, trademark infringement
On October 13th, New York City-based live entertainment company Characters for Hire, LLC, filed a motion for summary judgment in the Southern District of New York
http://www.ipwatchdog.com/2017/10/28/characters-for-hire-fighting-disneys-claims-copyright-trademark-infringement/id=89389/

Sky Sports illegal streamer fined
On Wednesday, October 25, the Federation Against Copyright Theft (FACT) announced that Yusuf Mohammed, based in Bristol, UK, had been ordered to pay legal costs of more than £16,00
https://www.trademarksandbrandsonline.com/news/sky-sports-illegal-streamer-fined-5104

ESPN must face copyright case over American football documentary
US District Judge Michael Mills rejected ESPN’s request for summary judgment at the US District Court for the Northern District of Mississippi, Oxford Division on Monday, October 30
https://www.worldipreview.com/news/espn-must-face-copyright-case-over-american-football-documentary-14864

PGA successful in bid to clamp down on YouTuber
The final judgment was handed down by District Judge Timothy Corrigan on Wednesday, November 1, at the US District Court for the Middle District of Florida, Jacksonville Division
https://www.worldipreview.com/news/pga-successful-in-bid-to-clamp-down-on-youtuber-14870

 

Trademarks

Brandstock wins important judgment for Diesel at EU General Court
In July the EU General Court ruled in favour of the well-known fashion brand Diesel in a trademark case related to the company’s ‘D’ trademark, writes Elena Galletti of Brandstock
https://www.worldipreview.com/contributed-article/brandstock-wins-important-judgment-for-diesel-at-eu-general-court

Gagging order lifted from comic book group ahead of trademark trial
On Thursday, October 26, a three-judge panel dismissed two rulings by the US District Court for the Southern District of California, stating that both rulings were unconstitutional
https://www.worldipreview.com/news/gagging-order-lifted-from-comic-book-group-ahead-of-trademark-trial-14835

Four EU court rulings from last week and why they matter
On Monday we reported on the Court of Justice of the European Union’s (CJEU) decision in Hansruedi Raimund v Michaela Aigner, an application of the law designed to avoid delays and reduce costs in trademark proceedings
https://www.worldipreview.com/news/four-eu-court-rulings-from-last-week-and-why-they-matter-14842

Jay-Z responds to IP lawsuit over baseball hats
WIPR reported in May 2017 that brand management company Iconix Brand Group accused Jay-Z and his companies of “undermining” a deal made in 2007 by the sale of a range of hats
https://www.worldipreview.com/news/jay-z-responds-to-ip-lawsuit-over-baseball-hats-14846

Madrid Protocol amendments come into force
The Madrid Protocol allows protection for trademarks in multiple countries through the filing of one application with a single office, in one language, with one set of fees
https://www.worldipreview.com/news/madrid-protocol-amendments-come-into-force-14853

NFL amateur body scores trademark settlement
The US governing body for amateur American football has settled a trademark infringement dispute with the US Federation of American Football (USFAF)
https://www.worldipreview.com/news/nfl-amateur-body-scores-trademark-settlement-14851

EUIPO revokes Cartier trademark
On Monday, October 30, the rights to EU trademark (EUTM) number 2,433,415 were revoked in their entirety as from April this year
https://www.worldipreview.com/news/euipo-revokes-cartier-trademark-14852

London black cabs lack distinctive character, appeals court affirms
The English Court of Appeal has rejected an appeal from The London Taxi Company (LTC) against a finding that designs of the city’s famous black cabs lack distinctive character
https://www.worldipreview.com/news/london-black-cabs-lack-distinctive-character-appeals-court-affirms-14855

The tale of the tiger stripes
One of the requirements for a trademark to be registered in Malaysia is that the mark or device has to be used ‘in the course of trade’
https://www.worldipreview.com/contributed-article/the-tale-of-the-tiger-stripes

When food labelling and trademarks collide
A new regulation came into force in Chile on June 27, 2016, imposing the obligation to include at the front of the product’s labelling the message “High in X” indicating which foods exceed the established limits of salt, sugar, energy (calories) and saturated fats, through a black octagon with white lettering, as shown
https://www.worldipreview.com/contributed-article/when-food-labelling-and-trademarks-collide

Adidas opposes another US trademark
German sportswear company Adidas has opposed another trademark at the US Patent and Trademark Office, claiming that the mark infringes Adidas’s ‘three-stripe’ mark
https://www.worldipreview.com/news/adidas-opposes-another-us-trademark-14872

Disney closes in on ‘Dumbo’ mark invalidation
On Tuesday, October 31, the Trademark Trial and Appeal Board (TTAB) published a notice of default covering the mark ‘Dumbo Lounge Sacks’
https://www.worldipreview.com/news/disney-closes-in-on-dumbo-mark-invalidation-14871

 

Counterfeiting

NBA and MLB receive boost in fight against fakes
A group of US sports associations which united in September to tackle counterfeiters has been granted a default judgment against an “interrelated group” of counterfeiters
https://www.trademarksandbrandsonline.com/news/nba-and-mlb-receive-boost-in-fight-against-fakes-5106

Audi sues car parts company over ‘counterfeit’ products
Audi filed the complaint at the US District Court for the Southern District of Florida, Lauderdale Division on Monday, October 30
https://www.trademarksandbrandsonline.com/news/audi-sues-car-parts-company-over-counterfeit-products-5107



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