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Intellectual Property Updates

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Intellectual Property and Technology News (Asia Pacific) June 2017

by DLA Piper on

Welcome to the latest Asia Pacific Edition of the Intellectual Property and Technology News, our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering...more

Is A Racial Or Ethnic Group A “Person”?

by Allen Matkins on

Yesterday’s post concerned the U.S. Supreme Court’s holding in Matal v. Tam, 2017 U.S. LEXIS 3872 (June 19, 2017) that the “disparagement clause” of the Lanham Act violates the Free Speech Clause of the First Amendment. As...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In EmeraChem v Volkswagen the Circuit reverses a determination of obviousness because the ?Board did not provide the patentee with an adequate opportunity to address a prior art reference ?that formed a principal basis for...more

Preparatory Committee Chairman announces update on UPC Timetable

by Hogan Lovells on

As previously reported, the Preparatory Committee announced in early June 2017 that the timetable for the start of the UPC would have to be delayed, with a new target start date yet to be confirmed....more

Is Foster’s Australian for False Advertising?

While trademark infringement is the headliner for claims brought under the Lanham Act, the law also precludes false advertising and unfair competition. Most states also have laws addressing deceptive trade practices...more

U.S. Supreme Court Holds Trademark Registrations Are Free to Disparage

by Dickinson Wright on

Justice Alito’s summary opinion announced in Court Monday morning, in what has come to be known as the Slants case (Matel v. Tam, 582 U.S. ___ (June 19, 2017), was short and sweet but the trademark applications we can expect...more

Battle of the Bands and the Clothiers

The famous Coachella Music Festival is held every April in Indio, California. This year Beyoncé, Radiohead, Lorde and several DJs (including DJ Snyder, DJ Kahleel, DJ Shadow) performed....more

Pleading Willfulness – One Year Post-Halo

by Fish & Richardson on

Just over a year ago, the Supreme Court issued its decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016). Halo abrogated the Federal Circuit’s two-part willfulness test, which the Federal...more

Does BREXIT Really Matter to Me in the United States?

by Miles & Stockbridge P.C. on

Well, if you are a company doing business in Europe and have registered your trademarks, it will. As you know, the United Kingdom (UK) has decided to leave the European Union. This has implications as regards the protection...more

STRONGER Patents Act Proposes Substantial Changes to AIA Trial Proceedings

On September 21, 2017, Senator Chris Coons (D-Del.) introduced the STRONGER Patents Act of 2017 in the Senate. STRONGER is an acronym for “Support Technology and Research for Our Nation’s Growth and Economic Resilience.” The...more

Patent Applicants Must Pay USPTO’s Legal Fees For Appeals To District Court Under 35 U.S.C. §145

by Brooks Kushman P.C. on

Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017). In a 2-1 panel decision, the U.S. Court of Appeals for the Federal Circuit has held that an applicant for patent who pursues an appeal to the U.S. District...more

Landlords beware: Your trademark infringing tenant is your problem too

by Shutts & Bowen LLP on

If a landlord learns that trademark infringement is occurring on its premises by one of its tenants and fails to stop further violations, the landlord may be held responsible by the trademark holder for damages relating to...more

Evidence of Unexpected Results Key to Grant of Substitute Claims in Inter Partes Review Proceeding

In Valeo North America, Inc. v. Schaeffler Tech. AG & CO. KG, after finding that all original claims of the patent were unpatentable during an inter partes review (IPR) proceeding, the Patent Trial and Appeal Board granted,...more

Lack of Enablement in Provisional Application Results in Loss of Priority

In Storer v. Clark, [2015-1802] (June 21, 2017) the Federal Circuit affirmed the Patent Trial and Appeal Board’s decision awarding priority in an interference to Clark, on the grounds that Storer’s provisional application did...more

Supreme Court Rules On Disparaging Trademarks

by Revision Legal on

For decades, the USPTO has denied registration to trademarks that are disparaging and offensive to specific racial or ethnic groups under the disparagement clause of the Lanham Act. The United States Supreme Court recently...more

SCOTUS: Supreme Court Lifts Biosimilars by Allowing Early Commercial Marketing Notice

The Supreme Court handed down its opinion in Sandoz Inc. v. Amgen Inc., marking the first time the Court has interpreted the Biologics Price Competition and Innovation Act (“BPCIA”) for the approval of biosimilar drugs. On...more

Cleveland Clinic Foundation v. True Health Diagnostics LLC (Fed. Cir. 2017)

Most people have had the experience of becoming lost and, having arrived at their destination, realizing that it was only one false turn that caused their confusion. For those with a physics background one can recall the...more

Absent Commercial Use, Copyright Law Likely Preempts Right of Publicity Claims

by McDermott Will & Emery on

In a right of publicity case, the US Court of Appeals for the Ninth Circuit upheld a district court decision granting a motion to strike under California’s anti-SLAPP statute on the basis of copyright preemption. Maloney v....more

Who Wore It Best? Virtually Identical Fabric Design Supports Inference of Copying

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed that it is permissible to infer copying, even absent evidence of access, where the accused design and the copyright are so overwhelmingly identical that the possibility...more

Time to Zoom In on Application of DMCA Safe Harbor Defense

by McDermott Will & Emery on

In reversing a district court grant of summary judgment in favor of a social media platform, the US Court of Appeals for the Ninth Circuit ordered a deeper look at the degree to which the common law of agency affects a safe...more

If You Have Nothing Nice to Say, Say ®

On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks. The Court’s ruling in Matal v. Tam, 582 U.S. ___, No. 15-1298 (June 19,...more

The Federal Circuit Gives Patent Owners A Fighting Chance: Due Process In IPR Proceedings

by Brinks Gilson & Lione on

The June 15 decision by the Federal Circuit, EmeraChem Holdings, LLC v. Volkswagen Group of Am., Inc., highlights the power of a procedural challenge to a final written decision by the PTAB. Procedural challenges should be...more

AIPLA Legislative Proposal to Overrule Recent §101 Caselaw

by Knobbe Martens on

With the continuing uncertainties regarding application of the subject matter eligibility standard enumerated in 35 U.S.C. §101 by both courts and the U.S. Patent Office, organizations that have an interest in clarifying the...more

Cancer Moonshot: USPTO Extends Cancer Immunotherapy Pilot Program Initiative

by Morrison & Foerster LLP on

The United States Patent and Trademark Office (PTO) issued a Notice today extending the Cancer Immunotherapy Pilot Program (Pilot Program), also known as “Patents 4 Patients.” The Pilot Program, which accelerates the...more

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape - Key Takeaways - The impact of the Court’s grant of Oil States’s petition for certiorari, and their subsequent decision on...more

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