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CAFC Affirms District Court Section 101 Dismissal in Patent Infringement Suit Brought Against Samsung/Apple; Newman Dissents
On June 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s grant [...]
E-Filing Mistakes Could Jeopardize Third-Party Trade Secrets
As last month’s Epic v. Apple trial showed, errors made when e-filing discovery documents can expose the confidential information of third parties, but case law [...]
CAFC Remands Walker Process Antitrust Issue to Fifth Circuit under Xitronex I Precedent
On June 10, the U.S. Court of Appeals for the Federal Circuit (CAFC) transferred Ronald Chandler et. al. v. Phoenix Services, LLC to the United [...]
Piercing Halo’s Haze at Year Five: Smoke Clearing on Enhanced Damages
On June 13, 2016, the Supreme Court decided Halo Elecs., Inc. v. Pulse Elecs., Inc., addressing standards for recovery of enhanced damages for patent infringement [...]
Geltor is seeking a Senior Patent Agent
The Senior Patent Agent will join a newly formed legal team, serving as a champion of intellectual property at the organization. This key role offers [...]
Allergan Unit Must Face Bulk Of Namenda Pay-For-Delay Suit
Allergan subsidiary Forest Laboratories LLC must face a jury over a union health and welfare fund's class action antitrust claims that pay-for-delay deals kept generic [...]
EDTX Jury Clears LED Maker And Axes Patents
An Eastern District of Texas jury on Friday found that LED maker Absen Inc. did not infringe a Texas lighting manufacturer's patents for modular light-emitting [...]
Invalidation Of TV Patent Defied Precedent, Full Fed. Circ. Told
By reversing a lower court and declaring that a Samba TV content recommendation patent covers an abstract idea, the Federal Circuit flouted its own precedent [...]
WTO Ends Trump's Case Over China's Patent Rules
The World Trade Organization quietly ended its investigation into China over its patent licensing rules on Friday, two years after the Trump administration put the [...]
Endo Can't Shake FTC Pay-For-Delay Suit, Judge Told
The Federal Trade Commission fought a dismissal bid Friday in an antitrust suit related to an alleged 2017 "pay-for-delay" agreement over Endo Pharmaceuticals's Opana ER [...]
Justices Urged To Nix 'Devastating' IPR Rulings In $44M Case
Ultratec has asked the U.S. Supreme Court to review a series of 2019 Federal Circuit orders summarily affirming Patent Trial and Appeal Board decisions that [...]
New Fla. Trade Secrets Law Seen As Too Easy To Abuse
Attorneys fear a new Florida trade secrets law that aims to target China and other foreign agents looking to steal intellectual property casts too wide [...]
Brand Battles: Miracle-Gro Aims To Weed Out 'Gromeo' TM
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the company behind Miracle-Gro wants to mow down a Silicon Valley [...]
Other Barks & Bites for Friday, June 11: EU Parliament Calls for TRIPS Patent Waiver, Innovation and Competition Act Passes Senate, and Foreign Lawyers Can Now Sit for China’s Patent Bar
This week in Other Barks & Bites: the Innovation and Competition Act passes Senate by a vote of 68-32; the Federal Circuit rules that it [...]
Fed Circ. Doubtful Of Ex-Worker's 2nd Atty Fee Bid In IP Case
Federal Circuit judges seemed skeptical Friday of a manufacturer's ex-employee returning to the court seeking attorney fees incurred in a spat over control of a [...]
High Court Could Deter 'Copyright Trolls' In H&M Case
If the U.S. Supreme Court upholds the Ninth Circuit's copyright infringement decision in Unicolors v. H&M, then knowingly providing incorrect information in a copyright application [...]
Roche Can't Beat $171M Judgment, Fed. Circ. Told
A diagnostics company accused Roche of misunderstanding "the nature of license rights" in the Swiss giant's efforts at the Federal Circuit to dodge a Delaware [...]
A Gov't Contractor's Road Map To Biden Cybersecurity Order
Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will [...]
Fashion Nova Sues Pot Dispensary Over 'Nova' Trademark
Clothing company Fashion Nova has filed suit in a California federal court against Nova Dispensary, an Arizona-based marijuana dispensary, for allegedly appropriating its trademarks on [...]
Huawei Gets PTAB To Eye 2 Patents Involved In WDTX Suits
The Patent Trial and Appeal Board has agreed to review whether two Brazos Licensing and Development communications patents are invalid, giving a boost to Huawei [...]
Fed. Circ. Judge Rebukes Panel For Alice Ax Of Camera Patent
A split Federal Circuit panel on Friday upheld the invalidation of a digital camera patent asserted against Apple and Samsung as abstract, leading Judge Pauline [...]
A Biz Strategy Model To Improve Lateral Atty Hiring Diversity
Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, [...]
How Trade Dress Law Has Evolved During COVID
As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments [...]
2nd Circ. Rejects FTC Antitrust Case Against 1-800 Contacts
The Second Circuit on Friday overturned a decision by the Federal Trade Commission that 1-800 Contacts violated antitrust law by aggressively enforcing its trademarks against [...]

AI is Revolutionizing Education

“Our intelligence is what makes us human, and AI is an extension of that quality. ” – Yann LeCun Professor, New York University There is no doubt that AI has made living and working easier. Smart refrigerators now have added artificial capabilities such as AI-equipped cameras to track food inventory and let you know what […]

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Australian Intellectual Property Report 2021

Australian Intellectual Property Report 2021

Trade marks A trade mark is a type of intellectual property and consists of a sign that distinguishes the goods and services of one trader from another trader in the marketplace. A registered trade mark gives the owner a 10-year period of protection over the trader’s exclusive rights to use, license and sell the mark. […]

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Trade Mark Opposition Process

The Trade Mark Opposition Process

As the owner of a trade mark, you are responsible to defend your trade mark rights. Therefore, you should know about the purpose and process of trade mark opposition proceedings. It is important for you to be familiar with the complexities of trade mark oppositions so that you are properly informed in case someone opposes […]

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Smart Contracts W3iplaw

What are Smart Contracts?

Blockchain is a technology that is built on Bitcoin and powers the world’s first decentralized currency. This type of technology is described as immutable, transparent, anonymous and decentralized. It is decentralized through the use of peer-to-peer technology to send payments or data between entities without the involvement of a bank or other financial institution. There […]

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Modern Slavery Act 2018

What You Need To Know About the Modern Slavery Act 2018

The Modern Slavery Act 2018 (Cth) (the ‘Act’) entered into force on 1 January 2019 and its aim is to combat modern slavery in global supply chains. Modern slavery describes situations of serious exploitation and can include situations of human trafficking, slavery, servitude, forced labour, debt bondage, forced marriage and child labour. It describes situations […]

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Series Trade Mark Applications

Series Trade Mark Applications

What Is A Series Trade Mark Application? A trade mark is a business’ most valuable marketing tool. It is a way of identifying a business, its products, and/ or services from another business, product, or service in the market.  Businesses most commonly use their brand names or logo as their trade marks. However, there are […]

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Copyright Protection of a Logo - W3iplaw

Copyright Protection of a Logo

“God holds the copyright, as the sole author of life.” ― Gift Gugu Mona Visual brand elements such as logos are protected under the law of copyright and also trade mark law. Copyright consists of exclusive rights to do acts in Australia with respect to a work for the duration of copyright in that creation. A […]

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Food and Grocery Code of Conduct Amendments – A new “Fair Go”

Food and Grocery Code of Conduct Amendments – A new “Fair Go”

The Food and Grocery Code of Conduct (the ‘Code’) serves as a voluntary guideline for grocery retailers and wholesalers in relation to their dealings with suppliers. In 2015, the Australian Government prescribed the Code into law under the Competition and Consumer Act 2010. The purpose of the Code is to ensure that signatories do not […]

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Who Owns the Copyright in an Interview or Social Media Post?

We live in a world where a “tap” or a “click” can make a big impact. Social media and technology have made it possible for you to show intimate details of your life to millions of people. Images of “#wokeuptoday”, #FOTD or food of the day, mommy goals, where you are spending your vacation and […]

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Protect your Family Recipe - w3iplaw

Can you Protect your Family Recipe under the Law of Intellectual Property?

Traditionally, recipes are either passed down to the next generation or shared between households, chefs and cooks. But what if you are engaged in the business of selling food using your own version of a special recipe passed down to you? Obtaining a patent for a recipe is possible. However, your recipe has to pass […]

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