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Patents

Bullish or Bearish on the 2018 Patent Market?
Are you bullish or bearish on the 2018 patent market? That is the question I asked a panel of experts recently. Each of the experts surveyed will participate in IP Dealmakers 2017, will take place from November 15-17, 2017, in New York City
http://www.ipwatchdog.com/2017/11/05/bullish-bearish-2018-patent-market/id=89498/

The Broad Institute files brief with CAFC answering U of California’s appeal in CRISPR-Cas9 patent interference
On Wednesday, October 25th, the Cambridge, MA-based medical research center The Broad Institute filed a brief with the Court of Appeals for the Federal Circuit in response to an appeal filed by the University of California stemming from patent interference proceedings playing out at the Patent Trial and Appeal Board (PTAB)
http://www.ipwatchdog.com/2017/11/05/broad-institute-files-brief-crispr-cas9-patent-interference/id=89798/

Patent Drafting: Proving You’re in Possession of the Invention
The written description requirement, found in 35 U.S.C. 112(a), plays two important functions. First, it is used to define what constitutes the original filing (i.e., the disclosure present as of the date you file your patent application), which is then used to determine whether or not you are later during prosecution trying to sneak content into the application that is not supported by your original disclosure
http://www.ipwatchdog.com/2017/11/04/patent-drafting-possession-invention/id=89950/

The Impact of Bad Patents on American Businesses
What is a bad patent? Congress has established the requirements for obtaining a patent
http://www.ipwatchdog.com/2017/11/06/impact-bad-patents-american-businesses/id=89620/

Broadcom-Qualcomm deal: Apple patent dispute may hold the key
Broadcom’s reported $130 billion takeover bid for Qualcomm may depend on Qualcomm and Apple resolving their patent dispute, while the deal could have a wider IP impact, according to lawyers
https://www.worldipreview.com/news/broadcom-qualcomm-deal-apple-patent-dispute-may-hold-the-key-14889

USPTO extends patent agreements with JPO and KIPO
The US Patent and Trademark Office (USPTO) has signed patent search agreements with both the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO)
https://www.worldipreview.com/news/uspto-extends-patent-agreements-with-jpo-and-kipo-14887

Israeli start-up accuses Apple of copying camera tech
In a filing at the US District Court for the Northern District of California, Corephotonics accused Apple of infringing four patents by incorporating them into the iPhone 7 Plus and iPhone 8 Plus
https://www.worldipreview.com/news/israeli-start-up-accuses-apple-of-copying-camera-tech-14894

Federal Circuit affirms PTAB invalidation of Uniloc patent which wasn’t invalid in 65 district court cases
On October 23rd, the U.S. Court of Appeals for the Federal Circuit issued a ruling in Uniloc USA, Inc. et. al. v. Sega of America, Inc., et. al. which affirmed a ruling by the Patent Trial and Appeal Board (PTAB) that all 20 claims of a Uniloc patent were invalid
http://www.ipwatchdog.com/2017/11/08/federal-circuit-affirms-ptab-invalidation-uniloc-patent/id=89902/

Judge hands down mixed ruling for Apple and Qualcomm
A US judge has granted Qualcomm’s motion to dismiss Apple’s attempt to invalidate nine Qualcomm patents
https://www.worldipreview.com/news/judge-hands-down-mixed-ruling-for-apple-and-qualcomm-14900

App Association hits back in SEP licensing row
On Tuesday, November 7, WIPR reported that IP Europe, an alliance of small and medium-sized companies originally co-founded by Ericsson, opposed the current draft and claimed that the ‘licence to all’ policy would significantly harm the European innovation sector
https://www.worldipreview.com/news/app-association-hits-back-in-sep-licensing-row-14899

Smart Systems decision a sad reminder of deleterious state of U.S. patent eligibility law
On Wednesday, October 18th, a judicial panel in the Court of Appeals for the Federal Circuit decided a case which affirmed a lower court’s holding that a series of four patents covering mass transit technologies are invalid under 35 U.S.C. § 101, the basic statute regarding the patentability of an invention
http://www.ipwatchdog.com/2017/11/09/smart-systems-u-s-patent-eligibility/id=89754/

Where is the value and opportunity in the patent industry?
Where is there currently value and opportunity in the patent industry? That is the question I asked a panel of experts recently. Each of the experts surveyed will participate in IP Dealmakers 2017, will take place from November 15-17, 2017, in New York City
http://www.ipwatchdog.com/2017/11/09/value-opportunity-patent-industry/id=89501/

 

Trademarks

Four senior court rulings from last week and why they matter
“Some may say English IP judges are being unduly harsh on the UK’s innovative product design industry,” claimed Christopher Benson, senior counsel, IP and media at Taylor Wessing, in response to a recent decision by the English High Court
https://www.worldipreview.com/news/four-senior-court-rulings-from-last-week-and-why-they-matter-14877

USPTO launches pilot for practitioner disciplinary measures
The US Patent and Trademark Office (USPTO) has introduced a two-year pilot programme for disciplinary measures against practitioners, aiming to bring the office’s practices in line with more than 30 state systems
https://www.worldipreview.com/news/uspto-launches-pilot-for-practitioner-disciplinary-measures-14876

Tea room Bettys forces small café to change scone name
Sandgate Coffee and Delights, a café based in Whitby, North Yorkshire, was asked by the tea room to change the name of its scone as it was infringing Bettys’ trademark for ‘Fat Rascal’, according to reports
https://www.worldipreview.com/news/tea-room-bettys-forces-small-cafe-to-change-scone-name-14892

Trademark lawsuit against Fish & Richardson voluntarily dropped
In September, California-based law firm Fish IP Law filed a complaint for declaratory judgement of non-infringement, after claiming it had received cease-and-desist letters that led to a “real and reasonable apprehension that it would be subject to a claim for liability for trademark infringement”
https://www.worldipreview.com/news/trademark-lawsuit-against-fish-richardson-voluntarily-dropped-14891

American Chemical Society granted Sci-Hub injunction and damages
US District Judge Leonie Brinkema handed down her ruling on Friday, November 3 at the US District Court for the Eastern District of Virginia
https://www.trademarksandbrandsonline.com/news/american-chemical-society-granted-sci-hub-injunction-and-damages-5113

Mayweather v McGregor accounted for 80% of illegal streams: report
The boxing match between Floyd Mayweather and Conor McGregor in August accounted for 80% of all piracy streams that evening
https://www.trademarksandbrandsonline.com/news/mayweather-v-mcgregor-accounted-for-80-of-illegal-steams-report-5110

Delta sues Florida man over bogus tickets website
The complaint was filed at the US District Court for the Southern District of Florida on Tuesday, November 7
https://www.worldipreview.com/news/delta-sues-florida-man-over-bogus-tickets-website-14898

‘Sceptical’ court dismisses Forever 21’s claims in Gucci TM dispute
Luxury brand Gucci has secured a win in its trademark battle against Forever 21, after a US judge dismissed the retailer’s claims for non-infringement and cancellation
https://www.worldipreview.com/news/sceptical-court-dismisses-forever-21-s-claims-in-gucci-tm-dispute-14897

  

Copyrights

Kim Dotcom announces police settlement over ‘military-style’ raid
Internet entrepreneur and Megaupload founder Kim Dotcom has reached a settlement with police in New Zealand over a raid on his home in 2012
https://www.worldipreview.com/news/kim-dotcom-announces-police-settlement-over-military-style-raid-14878

BBC hit with copyright suit over Bill Cosby documentary
According to a claim (pdf) filed on Friday, November 3 at the US District Court for the Central District of California, the BBC aired the infringing works in a programme called “Bill Cosby – Fall of an American Icon”
https://www.worldipreview.com/news/bbc-hit-with-copyright-suit-over-bill-cosby-documentary-14884

Artists pin copyright claim on Marc Jacobs
The collection, released in June 2016, featured a 1980s-90s nostalgia theme centred around pins and patches, according to claim (pdf) filed at the US District Court for the Southern District of New York on Tuesday, November 7
https://www.worldipreview.com/news/artists-pin-copyright-claim-on-marc-jacobs-14896

  

Domain Name

King & Wood Mallesons shuts down ‘fraudulent Nigerian email scam’
Law firm King & Wood Mallesons (KWM) has secured the transfer of a domain name it said was set up as part of an “elaborate and fraudulent Nigerian email scam”
https://www.trademarksandbrandsonline.com/news/king-wood-mallesons-shuts-down-fraudulent-nigerian-email-scam-5108

 

Counterfeiting

Harley-Davidson seeks court action to stop Chinese counterfeiters
The complaint (pdf) was filed at the US District Court for the Northern District of Illinois on Monday, November 6
https://www.worldipreview.com/news/harley-davidson-seeks-court-action-to-stop-chinese-counterfeiters-14893



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