News & Analysis as of

Intellectual Property Protection

The Supreme Court to Consider Patent Infringement Damages Accrued Abroad

by Snell & Wilmer on

The Supreme Court has granted certiorari to consider whether damages for infringement of a U.S. patent include lost profits resulting from activities outside the U.S....more

Advances in Polish IP Law, part 2: Trademarks – graphic representation, renewal, partial transfer & enforcement by licensees

by Hogan Lovells on

The recently published draft of the Act amending the Industrial Property Law (14 November 2017) introduces fundamental changes in the provisions on trademark protection. Currently, the bill is being agreed upon in the Council...more

Global Patent Prosecution Newsletter - January 2018

Double Patenting and Divisional Applications - Many countries allow an applicant to protect multiple inventions disclosed in a single application in one or more continuing applications. In most countries divisional...more

Stealing Data Without Depriving the Owner of Access Does Not Amount to Conversion

New York recognizes conversion claims based on intangible property, such as electronically stored information or trade secrets.[1] But does a conversion claim exist when the theft of the intangible property does not deprive...more

Going “Medieval” on Trademark Enforcement

by Bowditch & Dewey on

Who says trademark disputes can’t be fun? Well, plenty of people, but that’s beside the point. Anheuser Busch InBev recently showed that a serious legal message can be delivered in a humorous form....more

Generic drugs taking hold in the Asian marketplace: STAT News interview

by Hogan Lovells on

Aging populations and rising healthcare costs across Asia — particularly in Japan — have created new market opportunities for generic drug makers operating in the region. For originator drug manufacturers, that means...more

Advances in Polish IP law, part 1: Patents – Indirect infringement, limitation of scope & state of the art searches

by Hogan Lovells on

The bill amending the Industrial Property Law, published on 14 November 2017, introduces important changes with respect to patent protection. The bill adapts the Polish provisions to the European Patent Convention, as well as...more

Patent Strategies for Cryptocurrencies and Blockchain Technology

Cryptocurrencies and blockchain technology are rapidly emerging as disruptive technologies. As has happened with many new technologies, particularly disruptive ones, a patent arms race is occurring. The number of patents...more

Major Disruption in the Use of Technology and Trademarks in the Insurance Industry

by Carlton Fields on

A major study recently emerged regarding insurance industry brands. The study, conducted on the world’s top 10 insurance companies by brand value, shows that an industry transformation is occurring, and that insurers that...more

Copyright Basics

by Workman Nydegger on

Copyright protection is contemplated under the Constitution of the United States and governed by the U.S. Copyright Act. More specifically, Article 1, Section 8, Clause 8 of the United States Constitution includes...more

The Mandatory Deposit Requirement of The Library of Congress: A Little Known and Little-Complied-With Law

What is it? The United States Library of Congress says it has the largest collection of published works in the world. Housed in three buildings on Capitol Hill in Washington DC, with warehouses elsewhere, estimates are on...more

Food & Beverage Litigation Update | January 2018

FDA Announces Intent Not to Enforce Portions of FSMA - The U.S. Food and Drug Administration (FDA) has announced it will not enforce certain provisions of the Food Safety Modernization Act (FSMA) because the agency needs...more

Trade & Manufacturing - News of Note - January 2018

by King & Spalding on

The United States Trade Representative (USTR) issued a request for comments and notice of public hearing regarding the 2018 Special 301 Review. The review is a Congressionally-mandated annual review of the global state of...more

Intellectual Property Newsletter - January 2018

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more

Heavy jail sentence handed down on illegal set-top boxes sellers in Hong Kong

by Hogan Lovells on

On 28 December 2017, the District Court of Hong Kong handed down sentences varying from 21 to 27 months’ imprisonment against 3 individuals who took part in a scheme that enabled users of the “Maige Set Top Box” (the “Maige...more

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

by Jones Day on

The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more

2017 – It was biotech and pharma who kept the Australian legal system busy

by FPA Patent Attorneys on

2016 saw the Australian legal system deal with the questions that ranged from defining a human being to defining an inventor. 2017 proved to be just as interesting, and just as informative for patentees and applicants as to...more

Five Common Myths about Utility Patents for Start-ups

1. As a start-up, utility patents are not worth the investment. While it is true that utility patents are expensive — costing up to $25,000 and about $10,000 on average — not having patent protection can end up costing...more

Unclaimed Features Doom Patent Claims Under Section 101 Eligibility Analysis — Lessons from Two-Way Media

When claims are subject to the subject matter eligibility inquiry under 35 USC 101, details matter. In previous posts, the Patent 213 blog has stressed the need to provide details of the invention not only in the...more

Hey, You, Get Off Of My Cloud – New DOJ Approach To Remote Data Storage

by Bracewell LLP on

Last month, the Department of Justice’s Computer Crime and Intellectual Property Section, Criminal Division (“CCIPS”) issued new guidance advising prosecutors seeking enterprise customer data stored “in the cloud” to attempt...more

Patenting the Blockchain

Last year’s spike in the valuation of bitcoin has much of the technology world focused on blockchain, the distributed database ledger technology behind bitcoin and many other cryptocurrencies. Lost behind the scenes,...more

Update on US Investigation of China’s IP Practices

Further to our alert published on November 13, 2017 regarding whether acts, policies, and practices (“APPs”) of China related to transfer of technology, intellectual property, and innovation are actionable under Section...more

[Event] 4th Annual West Coast Ambulatory Surgery Center Seminar - March 7th, Los Angeles, CA

by Nossaman LLP on

Please join Nossaman LLP and the California Ambulatory Surgery Association (CASA) on Wednesday, March 7, 2018 for the 4th Annual West Coast Ambulatory Surgery Center Seminar in Los Angeles. During this one-day program,...more

Brexit 2018: The Final Preparations

by Dechert LLP on

2018 is the year that the UK and EU will look to finalise their Brexit deal; to settle the trading arrangements for what could be a lengthy ‘transition period’; and start discussions on the shape of their future long-term...more

International Trademark Law: Thoughts on Japan’s Post-Registration Opposition Proceedings

by Revision Legal on

Most nations with fully-developed trademark legal frameworks allow for opposition proceedings with regard to newly filed applications for trademarks. Most jurisdictions, like the United States, provide that opposition...more

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