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PacBio CEO's Words Haunt Patent Invalidity Arguments
A California federal judge concluded Monday that statements made by the chief executive officer of biotech company Pacific Biosciences to investors at an earnings call [...]
PTAB Splits On Medtronic Bladder And Bowel Control Patents
The Patent Trial and Appeal Board has issued split decisions that upheld one Medtronic patent covering an electrical stimulation system used to treat loss of bladder and bowel [...]
'Blade Server' Patent Co. Scores $18M Waco Verdict
A patent litigation outfit that has been filing suits for more than a decade over "blade server" technology has landed nearly $18 million from a [...]
Berkshire Hathaway Unit's Patent Must Undergo 3 PGRs
The Patent Trial and Appeal Board has instituted three post-grant reviews challenging a single Columbia Insurance Co. fire wall hanger patent, following petitions from Simpson [...]
Edwards Can't Get Fed. Circ. To Narrow Patent Safe Harbor
A California federal judge rightly dismissed Edwards Lifesciences Corp.'s infringement suit against Meril Life Sciences Pvt. Ltd., the Federal Circuit held Monday, with a dissent [...]
FTC Intervenes In Teva-Amneal Row To Push Patent Delisting
The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler [...]
InBev's Modelo Loses 2nd Circ. Appeal In Hard Seltzer Fight
The Second Circuit said Monday that a licensing agreement between Anheuser-Busch InBev SA and Constellation Brands was ambiguous about whether hard seltzers are beer, affirming [...]
Lourie Dissents from CAFC View that Heart Valve Transport was Not Infringing
The U.S. Court of Appeals for the Federal Circuit (CAFC) today held in a precedential split decision authored by Judge Stoll that the safe harbor [...]
Jury Hands Mortgage Co. $73K Win In Trade Secrets Fight
An Ohio federal jury has found that Revolution Mortgage owes just over $73,700 to competitor Equity Resources in a case where Equity accused its rival [...]
Bloomberg Asks To Toss Ex-Gov. Huckabee's AI Class Action
Media company Bloomberg has asked a Manhattan federal judge to dismiss it from a proposed class action brought by former Arkansas Gov. Mike Huckabee, arguing [...]
Ownership Suit Over McCartney, Jagger Recordings Is Tossed
A Pennsylvania federal judge said Monday that no copyright dispute exists between the son of a music producer who recorded interviews with rock icons such [...]
Pool Co. Objects To Rival Counsel's Exit After $15M Verdict
A swimming pool equipment supply company that won a $15 million verdict against a competitor in North Carolina federal court is now attempting to block [...]
Judge-Shopping Policy Revisal May Make Issue Worse
The Judicial Conference at its March meeting unveiled a revised policy with the stated goal of limiting litigants’ ability to judge-shop in patent cases, but [...]
3rd Circ. Won't Rethink AbbVie Privilege Ruling
The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors [...]
Vidal Vacates IPR Denial Of Honda Attack On Neo Wireless IP
U.S. Patent and Trademark Office Director Kathi Vidal has thrown out the Patent Trial and Appeal Board's decision not to review whether a Neo Wireless [...]
Biden’s Patent Proposal Carries Devastating Costs, No Real Benefits
It's rare that a federal policy inspires fierce opposition from both sides of the aisle. But the Biden administration's recent proposal to gut the Bayh-Dole [...]
Schuh, Simmi Want To Give Naked Wolfe Designs The Boot
Two U.K. shoe retailers have accused the owner of the Naked Wolfe brand of bringing meritless intellectual property claims against them, because its shoe designs [...]
‘IP Rights’ is the National High School Debate Topic for 2024-2025
After a year-long process involving 38 state organizations and dozens of individual representatives, IP rights has been selected as the topic for the 2024-2025 debate [...]
Rader’s Ruminations – Patent Eligibility II: How the Supreme Court Ignored Statute and Revived Its Innovation-Killing Two-Step
The Supreme Court has never quite grasped the distinction between patent eligibility and patentability. Eligibility involves entire subject matter categories or fields of inventive enterprise, [...]
Gilead's Win Partially Overturned In Billion-Dollar HIV IP Case
A Delaware federal judge on Friday partially overturned a jury's verdict rejecting the government's potentially billion-dollar claim that Gilead Sciences Inc. infringed patents covering HIV [...]
Jury Says Dexcom Infringed 1 Abbott Patent In Mixed Verdict
Dexcom infringed a glucose monitor patent claim asserted by an Abbott Laboratories unit, but doesn't owe any damages, according to a Delaware federal jury Friday, [...]
Disney Can't Slip Patent Claims In Suit Over Thanos VFX Tech
A California federal judge has kept alive a visual effects company's patent infringement claims alleging The Walt Disney Co. unlawfully used its technology to create [...]
Edible Arrangements' Prior Deal Forecloses IP Row With Rival
A Georgia federal judge ended Edible Arrangements' trademark suit accusing 1-800-Flowers.com of bidding on and buying keywords related to Edible's products for search engine advertisements, [...]
Intel Seeks Delay Of VLSI Damages Retrial Due To Patent Ax
Intel has asked Western District of Texas Judge Alan Albright to hold off on a damages retrial in a case where the Federal Circuit vacated [...]

6 Important Steps in Trade Marking a Brand Name

It is essential for every business to trade mark their brand name because a mark represents your product or service and distinguishes it from other products and services in the market. Registering your trade mark grants you the right to use an identifying sign exclusively, and a registered trade mark also comes along with legal […]

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Mars Touchdown – WISH YOU WERE HERE!

First Mission to Mars in 6 Years It was an exciting morning on 26 November 2018. Just before 7:00am AEDT, NASA’s spacecraft ‘Insight’ barrelled through Mars’ atmosphere at 19,785km per hour and made a successful landing on Mars. Insight sailed 548 million km through deep space, slowed just enough to be able to land by […]

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How Do I Create a Successful Start Up?

Starting Off Right   Like most processes – beginning a start-up is by no means straightforward. There are many factors that can affect whether or not your start-up may be the next huge thing to conquer the market. Whilst there is no ‘right way’ roadmap of instructions, there are things you can do as a […]

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How to Register Your Brand on Amazon Brand Registry

What is Amazon Brand Registry? Amazon Brand Registry is a powerful tool that helps sellers on Amazon protect their brands. The program also assists sellers in identifying potential counterfeit products, with the functionality of being able to report trade mark infringement of other sellers. Sellers enrolled in the Amazon Brand Registry scheme are able to […]

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How do I use Trade Mark Symbols?

The owner of a trade mark is typically asserting trade mark rights to the public through using the ™ symbol which signifies that a given mark is a trade mark.  The ™ symbol is used in connection with unregistered trade marks whereas the ® symbol is used once the trade mark is registered.  What do […]

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Is My Trade Mark Too Descriptive?

Descriptive Trade Marks   The function of a trade mark is to serve as a “badge or origin”. When a trade mark is filed, it gives the applicant exclusive rights and the power to prevent others from using the trade mark in the specific classes it was filed in. It is a sign or symbol […]

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A ‘Good Faith’ Defence to Trade Mark Infringement

There are several defences that can be useful in mounting a challenge against an allegation of trade mark infringement. Though, each defence will need to be assessed on its merits and against the evidence put forward in a trade mark infringement claim. This article considers the ‘good faith’ defence that may be raised in response […]

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EVENT   |   19th November, 2018

Australian Data Summit 2018

Facebook scandal. Cambridge Analytica scandal. Establishment of Europe’s General Data Protection Regulation and Australia’s Consumer Data Right. Because of all these, organisations are forced to enable data transparency  and reassess their approach to data management. This November, Akolade’s AUSTRALIAN DATA SUMMIT will bring together both the public and private sector for an exploration of how […]

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Cracking the Trade Mark Game of Thrones Legal Protection Code

Trade Mark Protection  What many don’t know about the world of intellectual property is that it can be a place of sneakiness and power plays. When you have poured blood, sweat and tears into promoting, advertising and building your brand, it makes sense that you should protect it. Trade marks and the legal protection they […]

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What Is Trade Mark Infringement?

What is a trade mark? A trade mark is a mark used to identify a trader’s unique goods or services. Essentially, a trade mark is a brand which allows consumers to differentiate between your goods and services and those of another person. The Trade Marks Act 1995 (Cth) (‘Trade Marks Act’) sections 6 and 17 […]

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