Patent & IP news for February 6, 2018

The Céline affair: what moral rights can and can’t do…even in France from ipkitten.blogspot.com


We sometimes hear that when debates about literature hit a country’s headlines on a regular basis, its culture stands in good health. Last month it is the name of one of France’s most ...

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BREAKING: in his new Opinion in Louboutin AG Szpunar (confirms and) advises CJEU to rule that a trade mark combining colour and shape may be refused or declared invalid from ipkitten.blogspot.com

A pair of LouboutinsLast June this blog reported on the Opinion of Advocate General (AG) Szpunar in Louboutin, C-163/16.

This is a reference for a preliminary ruling from The Netherlands (District Court of ...

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BREAKING: Sky's the limit for CJEU references in Sky v SkyKick trade mark battle from ipkitten.blogspot.com


Arnold J kicks off CJEU references in Sky v SkyKick After five days in court and 358 paragraphs, Mr Justice Arnold has just handed down his decision in Sky v Skykick [2018] EWHC 155.  The ...

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Many Things You Know about Patent Infringement Litigation in China are Wrong from patentlyo.com

Guest post by Renjun Bian.  Ms. Bian is a J.S.D. candidate at UC Berkeley School of Law, where she conducts research on Chinese patent law and policies. Her dissertation focuses on patent litigation ...

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Can You Copyright a Pose? from writtendescription.blogspot.com

An interesting case caught my eye this week, and piqued my interest enough to explore further. In Folkens v. Wyland Worldwide the Ninth Circuit considered whether Wyland's depiction of crossing dolphins copied from Folkens ...

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Ex Parte Appeals PTAB Decisions Time Decreases from dunlapcodding.com

Ann Robl

Recently, the USPTO published their statistics for ex parte appeals, which were discussed during the February 1^st Patent Public Advisory Committee (PPAC) quarterly meeting. The average time it takes for the Patent ...

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When passing off is enough to successfully oppose a trade mark from ipkitten.blogspot.com


Kat friend Just Wang of Bird & Bird ATMD in Singapore discusses how one can rely on passing off to successfully oppose the registration of a mark.

Can a foreign brand owner with no earlier trade ...

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PTAB Life Sciences Report from www.patentdocs.org

By John Cravero -- About the PTAB Life Sciences Report: periodically, we will report on developments at the PTAB involving life sciences patents. Mylan Pharmaceuticals, Inc. v. Sanofi Aventis Deutschland GmbH PTAB Petition: IPR2017-01526; filed June ...

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Andrei Iancu Named US Patent And Trademark Office Director from www.ip-watch.org

By a vote of 94-0, the United States Senate on 5 February confirmed California intellectual property litigator Andrei Iancu as next director of the US Patent and Trademark Office (USPTO). The new Under Secretary of ...

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Medicines Innovation And Access: Swiss Stimulate New Thinking from www.ip-watch.org

BERN, Switzerland -- What if reaching the United Nations Sustainable Development Goals on access to health for all depended on the willingness of all actors to see beyond outdated dichotomies? The concept may seem obvious, but ...

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Expert's Application of Rubinstein Bargaining Model Renders Reasonable Royalty Opinion Unreliable from docketreport.blogspot.com

The court granted defendant's motion to exclude the testimony of plaintiff's damages expert regarding reasonable royalties for three patents because his application of the Rubinstein bargaining model was unreliable. "⁠[The expert's] method ...

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In Third Round: MedCo’s Angiomax Patents Invalid Again (On Sale Pre Patenting) from patentlyo.com

The Medicines Co (MedCo) v. Hospira, Inc. (Fed. Cir. 2018) In its 2016 en banc opinion in this case, the Federal Circuit limited the scope of the on sale bar of 35 U.S.C ...

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Elbit loses appeal at CAFC from ipbiz.blogspot.com


The outcome



Appellant Elbit Systems of America, LLC (“Elbit”)
sought inter partes review of various claims of Appellee
Thales Visionix, Inc.’s (“Thales”) U.S. Patent No.
6,474,159 (“the ’159 patent”). The U ...

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Leaked Letter Shows Pressure On Colombia Not To Issue Compulsory Licence For Glivec from www.ip-watch.org

A newly leaked 2016 letter from the CEO of Novartis to the president of Colombia, made available by Swiss group Public Eye, shows the level of concern the Swiss pharmaceutical company had over the effect ...

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