International Trade Conflict of Laws Intellectual Property

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Federal Circuit Review - November 2014

Japan Airlines Activities For US Government Cannot Infringe - In IRIS CORP. v. JAPAN AIRLINES CORP., Appeal No. 2010-1051, the Federal Circuit affirmed a decision to dismiss due to a conflict of laws. IRIS owns...more

Patent Protection for Isolated Genetic Sequences Upheld in Australia

Last year in AMP v Myriad Genetics, the U.S. Supreme Court concluded that isolated, naturally occuring DNA are not patent eligible, which caused considerable consternation in the biotech community. However, this does not...more

The USPTO Patent Subject Matter Eligibility Guidance TRIPS Over Treaty Requirements

The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving laws of nature, natural...more

UK High Court confirms jurisdiction to grant cross-border declaration of non-infringement

In Actavis Group HF v. Eli Lilly & Co. the UK High Court has granted a declaration of non-infringement in the UK, France, Italy and Spain. A jurisdictional challenge in relation to the French, Italian and Spanish...more

Kit Or Caboodle? Recent Australian Opposition Decision Highlights The Inconsistency In Construction Of Kit Claims Between...

The recent Australian opposition decision of Merial Limited v Zoetis LLC [2013] APO 59 highlights the differences between the Australian and New Zealand patent offices in the construction of “kit” claims in relation to the...more

International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office  [Video]

Attorney Julian Crump, Managing Member of Mintz Levin's London, UK office, talks about the differences between patent laws in the US and the EU and the importance of identifying those differences at the outset of the...more

Rubber Match? Resin Trade Secret Battle Results In A Multi-Jurisdictional Draw

On the same day last week, two rival rubber resin companies issued press releases — each claiming legal victory in the same trade secret dispute....more

King & Spalding's Intellectual Property Newsletter - October 2012

In This Issue: - News From the Bench - .. The en banc Court Speaks On Divided Infringement, But Not With One Voice. .. Can Recent Conflicting Decision On The Patent Eligibility of Business Methods Be...more

July 2012: European Litigation Update: European Patent System Is in for Fundamental Changes

Adopting the European Patent Convention (EPC) and establishing the European Patent Office (EPO) – thereby allowing for a single application for a “European patent” (which is more precisely a bundle of national patents which...more

Could Software Imports from Europe Bypass U.S. First Sale and IP Exhaustion Laws?

On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine. As a...more

Federal Circuit Clarifies Appealable Subject Matter from the ITC

The Federal Circuit recently clarified the scope of review that the Court affords appeals from the International Trade Commission (ITC). In General Electric Co. v. U.S. Int’l Trade Comm'n, No. 2010-1223 (Fed. Cir. Feb. 29,...more

Qimonda Ruling Protects Licensees of U.S. Patents, Holding that Application of German Insolvency Law to Cancel Licenses is...

In a case of first impression, a U.S. bankruptcy court charged with enforcing the rights of a foreign insolvency administrator against assets in the United States has held that foreign insolvency law may not be invoked to...more

Useful in the United States, But Not in Canada: Divergent Applications of the Statutory Utility Requirements

Recent decisions by appellate courts in Canada and the United States highlight the sharp conflict in judicial application of the statutory "utility" requirements under the patent laws of those countries. The decisions...more

Empresa Cubana v. U.S.(Havana ClubTrademark Dispute)

Decision on Havana Club Trademark Dispute Between Bacardi and Pernod

A divided appeals court in Washington ruled in favor of the U.S. Treasury Department's refusal to renew a Cuban company's trademark for "Havana Club" rum. The decision is the latest development in a long and bitter dispute...more

China Promulgates Specific Conflict Law Governing Foreign-Related Civil Relations

The enactment of this new law is intended to upgrade and systematise the existing Chinese conflict laws, in order to help parties to international civil and commercial transactions choose the proper governing laws, and to...more

The Empire Strikes Back: Recent UK Decision Highlights Uncertainties in Protecting and Enforcing IP Rights Abroad

A recent UK decision highlights the difficulties in protecting and enforcing intellectual property rights outside the United States....more

ACTA - Consolidated Text

ACTA - Consolidated Text

ACTA Consolidated Text....more

Bakalar v Vavra - Second Circuit September 2, 2010

Nazi Art Looting - Jewish Property Declaration Law of April 26 1938

Bakalar v. Vavra was the first Holocaust-Era art case ever tried in a US federal court. The Second Circuit determined that New York, rather than Swiss law, should apply to a case where Fritz Grunbaum, a prisoner who was...more

Bienvenue Sur eBay - Online Auctions for Counterfeit Luxury Goods Carry Different Risks In Different Jurisdictions By Benjamin R....

Local laws can affect online business models in unexpected and dramatic ways, as demonstrated by the string of lawsuits brought by luxury brand manufacturers against eBay in the United States and various countries in the EU....more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *France Approves Pulling Plug on Online Pirates *Google to Permit Trademark Terms in Search Ads *California Courts Shut Out Spam Suits *American Apparel to Pay Woody Allen $5 Million Over Ad Spat...more

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