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The view from the UK and France of the fundamental reform in European patent law

The introduction of a unitary patent and a unified patent court system is viewed as a very exciting prospect. Somewhat paradoxically, however, the introduction of the UP will mean that three types of patents will become...more

European patent law: fundamental reform ahead

The European Union member states are preparing to introduce a new European Patent with Unitary Effect and a single Unified Patent Court with divisions located throughout Europe. With this package of broad patent reforms, the...more

The German perspective on the fundamental reforms in European patent law

Arguably, Germany is the jurisdiction which has the most to lose with the introduction of the UPC. The German patent infringement courts have built a reputation of offering an attractive combination of quality, speed and a...more

The view from the US of the fundamental reform in European patent law

While a radical departure from prior practice in the EU, the concept of a European Patent with Unitary Effect will be familiar to US practitioners. That is because the Unitary Patent (UP) System is an “all eggs in one basket”...more

The Italian position on the fundamental reform in European patent law

From a foreign perspective, it is not easy to understand the difference between UP and UPC. If you are Italian, the distinction is extremely clear, as Italy joined the newly established unified patent court system (the UPC)...more

A New Domain Name Dispute Alternative: The Uniform Rapid Suspension System (URS)

The Uniform Rapid Suspension System (URS) was created as part of ICANN’s new gTLD program. A gTLD (generic top-level domain) is the “suffix” at the end of a domain name, most commonly .com, .org, .info, .biz and .us. Prior to...more

The New Private Copying Exception: The UK Music Industry Wants to be Paid for It

Three UK music industry organisations, the Musician’s Union, the British Academy of Songwriters, Composers and Authors, and UK Music, have recently launched a legal action seeking leave to apply for judicial review of the...more

Japanese Foundation for Cancer Research v. Lee (Fed. Cir. 2014) - When you file a disclaimer, you'd better mean it

The Federal Circuit reversed a District Court decision this week in a case involving an improperly filed statutory (terminal) disclaimer, in Japanese Foundation for Cancer Research v. Lee. Caught between miscommunication...more

CAFC Finds Patent Claiming Software-Related Invention is Patentable

For the first time since the Supreme Court’s Alice Corp. v. CLS Bank Int’l decision this past summer, the United States Court of Appeals for the Federal Circuit has found that a patent claiming a software-related invention...more

Gamasonic Seeks Lights Out For Solar Goes Green “Copycat” Solar Powered Light

Gamasonic Ltd. (“Gamasonic”), an Israeli corporation with a place of business in Tel Aviv, filed a patent infringement action on September 30, 2014 against Solar Goes Green, LLC (“Solar”), an Indiana corporation, with a...more

Another Reason to Review Government Vendor Agreements: Government Agencies Can Be Held Liable for Patent Infringement Claims

Two recent court decisions serve as reminders of government liability for patent infringement claims: IRIS Corp. v. Japan Airlines Corp., Case No. 10-1051 (Fed. Cir., Oct. 21, 2014) (Prost, J.) and SecurityPoint Holdings,...more

Defense to Patent Infringement if Acts Were Performed in a “Quasigovernmental” Capacity Pursuant to a Legal Obligation

A recent Federal Circuit opinion highlights a defense that is available to defendants whose alleged infringement occurred through activities that were undertaken for the United States. In particular, where the United States...more

Australia: High Court Decision - Registrability of foreign language trade marks

Today [3 December 2014] the High Court handed down a decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited, clarifying the test for inherent distinctiveness of trade marks, and giving clarity to the treatment...more

Strategic Considerations in Litigating Design-Arounds - Vol. 20, No. 6

Design-arounds are a well-recognized pathway for the public to benefit from the patent system. “One of the benefits of a patent system is its so-called ‘negative incentive’ to ‘design around’ a competitor’s products, even...more

Federal Government May Be Liable for Patent Infringement by Private Companies Performing Quasi-Governmental Functions

IRIS Corp. v. Japan Airlines Corp.; SecurityPoint Holdings, Inc. v. TSA - Addressing the jurisdiction of a patent infringement claim against the U.S. government, the U.S. Court of Appeals for the Federal Circuit...more

Will the European Court force Germany to bid farewell to Orange Book?

The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C- 170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on...more

CAFC to Rehear Suprema: Disposition Could Have Significant Repercussions for ITC Jurisdiction

On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC., Case No. 2012-1170 (Fed. Cir.). This rehearing reviews the controversial Federal Circuit opinion holding that “an...more

Business Litigation Report -- November 2014

In This Issue: - Main Article: ..Foreign Investor Protection v. National Sovereignty: The Pros and Cons of Investor-State Arbitration - Noted With Interest: ..Gelboim et al. v. Bank of America Corp. et...more

Advocate General Wathelet takes the “middle path” in Huawei v. ZTE

In adopting what he regards as a “middle path” approach between over- and under-protecting intellectual property rights, Advocate General Wathelet’s Opinion in the Huawei v ZTE litigation provides our first hint as to the...more

U.S.-Centered Negotiations for Product Made and Sold Outside United States Do Not Constitute Sale or Offer for Sale in United...

Halo Elecs., Inc. v. Pulse Elecs., Inc. and Pulse Elecs. Corp. - In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. § 271(a), the U.S. Court of...more

A Brief Synopsis of the Issues Confronting the Federal Circuit in the En Banc Rehearing of Suprema, Inc. v. ITC

On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC.1 This rehearing reviews the controversial Federal Circuit opinion holding that “an exclusion order based on a...more

How the Kirtsaeng Decision Could Ruin the U.S. Branded Drug Industry

The Constitution gives Congress the power to grant copyright and patent protection in the same part of Article I, specifically in Section 8, Clause 8...more

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

ITC Section 337 Update – November 2014

ITC Trial Lawyers Association Annual Meeting: November 13, 2014 – ITCTLA held its Annual Meeting on November 13, in Commission Main Hearing Room. Highlights of the meeting, included Chairman Broadbent’s opening remarks...more

ECJ Rules on Digitization of Library Collections

Technische Universität Darmstadt v. Eugen Ulmer KG - The European Court of Justice (ECJ) ruled on the meaning of an exception contained in the European Copyright Directive (2001/29/EC), permitting the provision of...more

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