Latest Publications

Share:

Google Inc. V. Equustek & The Supreme Court Of Canada

In the case of Google Inc. v. Equustek, the Supreme Court of Canada has upheld the grant of a preliminary injunction by the Court of Appeals of British Columbia ordering Google to de-index on a global basis websites of a...more

Skipping The Patent Dance: U.S. Supreme Court In Amgen V Sandoz Makes It More Difficult For Patent Owners To Delay Marketing Of...

On June 12, 2017, in a unanimous decision authored by Justice Thomas in Amgen Inc. v. Sandoz Inc., the United States Supreme Court considered the complex statutory scheme that attempts to expedite resolution of patent...more

United States Supreme Court Decision In Impression Products Inc. V Lexmark International Inc.

In 1628, Lord Coke in his “Institutes of the laws of England” summarized the common law on restraints on the alienation of chattels stating that any attempt by a seller to restrict resale or use of the chattel after selling...more

TC Heartland LLC v. Kraft Foods Group Brands LLC

In its decision of May 22, 2017 in Heartland v. Kraft, the United States Supreme Court held that the specific venue provisions applicable to Patent infringement (28 U.S.C. 1400 (b)) limited the courts in which a domestic...more

Laches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products

In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and...more

Copyright protection available to surface ornamentation of cheerleader’s uniforms: Star Athletica v Varsity Brands

On March 22, 2017, the United States Supreme Court in the case of Star Athletica LLC v Varsity Brands LLC affirmed a decision of the Sixth Circuit Court of Appeals that copyright protection could exist in surface...more

Supreme Court Rules In Life Technologies Corp. V. Promega Corp.

On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of...more

“Poisonous Divisionals” Poisoned In The EPO

For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application...more

Case 168/09 Flos Spa V Semeraro Casa E Famiglia Spa

The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and...more

Copyright Protection For Mass-Produced Articles In The United Kingdom

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the...more

European “Intermediaries” May Be Forced To Take Active Measures Against Trademark Infringement Committed By Third Parties

Recent cases in the Court of Justice of the European Union (“CJEU”) and the Court of Appeal of England and Wales (“the English Court of Appeal”) have addressed the question of whether those who provide facilities to persons...more

U.S. Supreme Court Reverses Damage Award In Samsung v Apple

The Supreme Court on December 6, 2016 ruled that when considering the basis for awarding damages based on the infringer’s profits from infringing a design patent, it is not necessary to base these damages on the profit made...more

UK To Continue Steps Towards Ratification Of Unitary Patent Convention Despite Brexit

The EU’s Unitary Patent Convention and the associated EU patent had originally been expected to come into effect in 2017. This was, however dependent on ratification of the agreement by thirteen EU countries of which three...more

The Effect of The Brexit (UK Departure from EU) on IP Rights

In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of the United Kingdom, and consequently Gibraltar, leaving the European Union (EU). According to Article 50 of...more

Supreme Court In Kirstaeng V Wiley: Objective Reasonableness Not Controlling For Attorney Fees

The case of Kirstaeng v. Wiley hit the headlines in 2013 when the Supreme Court held that importation and sale in the United States of books bought from the copyright owner in Thailand was not an infringement of copyright,...more

Halo V Pulse: High Court Relaxes Standard For Enhanced Patent Damages

On June 13, 2016 Chief Justice Roberts delivered a unanimous decision of the Supreme Court in the case of Halo v. Pulse on the question of when enhanced damages can be awarded for patent infringement. This decision reversed...more

IP Developments In Biotechnology And Trade Secrets

2016 has been a year of IP changes and these changes have had an effect upon biotechnology as well as trade secrets. Patents: Will the U.S. Supreme Court Grant Cert. In Ariosa v. Sequenom? Ariosa v. Sequenom was...more

Change Has Come To Trade Secrets In The United States: The Defend Trade Secrets Act of 2016

Concerns about trade secret theft have been increasing in recent years and the America Invents Act included provisions that reduced the commercial risks that a business would run by trying to keep inventions as trade secrets...more

2016: Developments in Intellectual Property Law You Should Know About

This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more

Federal Circuit Held No International Exhaustion of Patent Rights in a Product Sold Outside and Imported Back Into The United...

In a 10 – 2 decision on February 12, 2016, the U.S. Court of Appeals for the Federal Circuit en banc decided the case of Lexmark v. Impression. Deciding two issues, the court...more

The Federal Circuit Reviews Patent Trial and Appeal Board Decisions on Inter Partes Review

There are now three decisions of the Federal Circuit on appeals from the Patent Trial and Appeal Board (PTAB) on inter partes reviews: - In re Cuozzo Speed Technologies LLC - Belden Inc. v. Berk-Tek LLC and -...more

10 Important Points to Note When Filing a Utility Patent Application in the United States

The inventor(s), the applicant (if not an inventor) and his or her attorney and others involved in preparation or prosecution of the application have a duty of candor in dealing with the United States Patent and Trademark...more

9/2/2014  /  Patent Applications , Patents , USPTO

An Overview of the BlackBerry v. Typo Products Case

Many consumers today, plagued by embarrassing typographical errors when using their touch-screen smartphones, own a second smartphone with a keyboard, such as a BlackBerry phone, for their professional correspondence. To...more

27 Results
/
View per page
Page: of 2

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.