17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated,...more
Hitherto, if cancellation or invalidation proceedings were brought against the United Kingdom designation of an International design or trademark where no representative had been appointed in the United Kingdom, the owner...more
3/16/2023
/ Design Patent ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Hague Agreement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Design Application (IDA) ,
International Trade Commission (ITC) ,
Trademark Cancellation ,
Trademark Invalidity ,
Trademark Litigation ,
Trademarks ,
UK ,
WIPO
The Administrative Council of the new European Unified Patent Court stated that the target date for the EU Unitary Patent and Unified Patent Court to come into effect will be on April 1, 2023. However, there is still a...more
In 1973, in response to concerns about the costs of securing patent protection in Europe, the European Patent Convention was signed to set up a common patent office to examine patent applications for any European country that...more
The eagerly anticipated decision of the European Court of Justice in the case of Sky v. SkyKick [Case C 371/18] was delivered on January 29, 2020.
...more
On June 20, 2019, the United States Supreme Court held that government entities could not be considered “persons” entitled to challenge patents owned by others before the Patent Trial and Appeal Board (PTAB)....more
9/23/2019
/ Administrative Agencies ,
America Invents Act ,
Covered Business Method Patents ,
Government Entities ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Mail ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Post-Grant Review ,
Return Mail Inc v United States Postal Service ,
SCOTUS ,
USPS
The fight between insurers and car manufacturers as to whether and, if so how, to protect the design of spare parts for cars delayed the implementation of an EU regulation on design protection for well over a decade and ended...more
9/23/2019
/ Audi ,
Auto Repair Regulations ,
Automotive Industry ,
Design Patent ,
EU ,
Ford Motor ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Motor Vehicles ,
Patent Infringement ,
Patents ,
Popular ,
Porsche ,
Regulatory Standards ,
Trademarks
On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do...more
7/16/2019
/ Allergan Inc ,
America Invents Act ,
Appeals ,
Constitutional Challenges ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Motion to Withdraw ,
Mylan Pharmaceuticals ,
Native American Issues ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Sovereign Immunity ,
Tribal Governments ,
USPTO
On July 20 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do not...more
7/27/2018
/ Allergan Inc ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Mylan Pharmaceuticals ,
Native American Issues ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments ,
USPTO
In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more
3/19/2018
/ Actavis Inc. ,
Appeals ,
Doctrine of Equivalents ,
Eli Lilly ,
EU ,
Extraterritoriality Rules ,
Indirect Infringement ,
Intellectual Property Protection ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
UK ,
UK Supreme Court
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
8/21/2017
/ Amgen ,
Biologics ,
Biosimilars ,
BPCIA ,
Commercial Marketing ,
Food and Drug Administration (FDA) ,
Hatch-Waxman ,
Intellectual Property Protection ,
Life Sciences ,
Patent Dance ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Sandoz ,
Sandoz v Amgen ,
SCOTUS
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
5/30/2017
/ Food Manufacturers ,
Forum Shopping ,
Intellectual Property Protection ,
Multidistrict Litigation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
SCOTUS ,
State of Incorporation ,
TC Heartland LLC v Kraft Foods ,
Venue
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
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
12/15/2016
/ Artistic Works ,
Copyright ,
Copyright Designs and Patents Act ,
Copyright Infringement ,
Copyright Terms ,
Furniture Industry ,
Graphic Designs ,
Intellectual Property Protection ,
Manufacturers ,
Mass Produced Items ,
Originality ,
UK
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
7/5/2016
/ Article 50 Treaty of the EU ,
Community Designs ,
Copyright ,
Design Patent ,
EPO ,
EU ,
European Communities Act ,
European Patent Convention ,
European Patent Office ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Member State ,
Patents ,
Referendums ,
Trademark Act ,
Trademarks ,
UK ,
UK Brexit ,
Unified Patent Court ,
Unitary Patent