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The USPTO’s New Guidelines on Prophetic and Working Examples in Patent Applications and Corresponding Practices in India and China
The United States Patent and Trademark Office (USPTO) publishes a large number of notices in addition to guidelines for patent applicants. These guidelines are frequently [...]
The Estée Lauder Companies is seeking a Patent Agent for its Design Practice
The Estée Lauder Companies is seeking a Patent Agent for its Design Practice. This full-time, permanent position is based in Melville, NY. [...]
'Laws Of Chemistry' Trump PTAB, Illumina Rival Tells Jury
The chief scientific officer of Chinese-owned DNA sequencing company Complete Genomics testified in a California federal jury trial Wednesday against rival DNA sequencing company Illumina's [...]
Iancu, Locke and Kappos Slam Biden Administration’s Support for COVID IP Waiver in New White Paper
Former U.S. Patent and Trademark Office (USPTO) Directors Andrei Iancu and David Kappos, and former Secretary of Commerce Gary Locke, today released a White Paper [...]
Drugmaker Says 11th Circ. Ruling Based On 'Straw Man'
The maker of a drug for pediatric patients with a rare autoimmune disease told the Eleventh Circuit it must reconsider a panel ruling in favor [...]
Fed. Circ. Nixes Nurse's Bid To Be Added To Neck Restraint IP
The Federal Circuit on Wednesday affirmed a decision by a North Carolina federal judge that a registered nurse failed to prove she should be added [...]
USPTO Finalizes Rules For Canceling Unused Trademarks
The U.S. Patent and Trademark Office announced Wednesday that it will begin implementing the Trademark Modernization Act and its provisions for challenging unused trademarks next [...]
Justices Told Patent Findings Fall Within Fed. Circ.'s Powers
A theatrical winch-maker has urged the U.S. Supreme Court not to review a Federal Circuit decision wiping an inventor's $1.8 million infringement win because the [...]
Consumer Counsel Gets $115M From EpiPen Settlement
A Kansas federal judge granted final approval to the $345 million settlement between Pfizer and the consumer classes who accused it of scheming to inflate [...]
Hard Drives In Bitcoin Trial Are Inaccessible, Jury Told
Jurors in a multibillion-dollar trial involving the self-professed inventor of bitcoin got a crash course in electronic storage and formatting on Wednesday as an expert [...]
No Rehearing On 3rd Circ.'s Split Facebook Photo IP Ruling
The Third Circuit on Wednesday declined to grant Facebook Inc.'s bid for a full-court review of a panel's split decision in favor of a Philadelphia-based [...]
Heed These Rules, Or Risk Your Argument On Appeal
Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver [...]
Patent Filings Roundup: Judge Albright Hits Back at Federal Circuit; APJ Urges Board to Consider Litigiousness Under Fintiv; PTAB Reverses Fintiv Denial after ITC Termination
District court patent filings this week remained slightly elevated, at 78, with a fair number of Rothschild, Raymond Anthony Joao, and Jeffrey Gross entities filings [...]
BREAKING: New 2nd, 6th Circ Picks Would Further Expand Court Diversity
President Joe Biden announced two new circuit court nominees Wednesday, tapping Andre B. Mathis for the Sixth Circuit and Judge Alison J. Nathan for the [...]
PTAB Upholds LED Patent In Challenge From Japanese Co.
The Patent Trial and Appeal Board has upheld a Document Security Systems Inc. surface mount LED patent after finding that challenger Nichia Corp.'s proposed construction [...]
4 Ways Kanter Should Clean Up DOJ Antitrust Holdups
Newly confirmed by the Senate, U.S. Department of Justice Assistant Attorney General for Antitrust Jonathan Kanter should clear the logjam left by his predecessor by [...]
Teva Says Dr. Reddy's Broke Deal Over Birth Control Device
Teva Pharmaceuticals says it is owed more than $31 million after Dr. Reddy's refused to pay for batches of a generic version of birth control [...]
It May Be Time To Abolish Patent Claim Construction Hearings
A recent analysis of patent case milestone data indicates that automatic hearings may not be the best way to resolve claim construction disputes, so it's [...]
Netflix Gets 'Umbrella Academy' IP Suit Tossed, For Now
A Texas federal judge said Tuesday that a comic book illustrator has more work to do to claim that a fishbowl-headed character in Netflix's "The [...]
Nestlé Wins Latest Round In TM Battle With Pet Food Co.
Swiss food giant Nestlé won its bid on Wednesday to revive its European Union logo trademark after a court ruled the bloc's intellectual property office [...]
Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography
“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people [...]
Faegre Drinker is Seeking an Intellectual Property Associate
The Faegre Drinker Trademark, Copyright, Advertising and Media (T-CAM) Team is seeking an attorney to join its thriving Intellectual Property practice. Faegre Drinker Biddle & [...]
Google Hit With $26M Video Patent Verdict In WDTX
Google LLC and YouTube LLC owe VideoShare LLC nearly $26 million for infringing the company's video sharing patent, a Texas federal jury found Tuesday, rejecting [...]
Tarantino Can't Sell 'Pulp Fiction' Scenes As NFTs, Suit Says
Quentin Tarantino's plans to auction off "exclusive scenes" from the movie "Pulp Fiction" in the form of nonfungible tokens drew a copyright and trademark lawsuit [...]

Does your Service Level Agreement need a tune-up?

Technology Lawyers that can help with IT Agreements A good technology agreement is written in plain English. It should properly define the expectations of the parties as to service type and quality by clearly setting out responsibilities and level of performance required. There are four principal types of IT Agreements. Firstly, Software Licence Agreements and […]


Technology Lawyers Protecting the Intellectual Property in your Software

The Rights granted by Copyright Law for Computer software Computer software is protected as a literary work under the Copyright Act 1968 (Cth) (‘the Act’). A literary work includes: a table, or compilation expressed in words, figures or symbols; and a computer program or compilation of computer programs. In order to attract copyright protection, the work must […]


Gold Coast Copyright Lawyers – Have we breached Copyright?

Copyright Law in Australia If you have written a work that is protected under copyright law, there are certain rights that only you as the author of the work are allowed to do with that work. This is called a bundle of exclusive rights. In the case of a literary, dramatic or musical work, to […]


Choosing your Trade Mark is not Easy

It is not easy to select the perfect trade mark name for a new business. It can be a long, frustrating and deflating process. It is easy to get attached to a name which you believe is exactly the right fit for your brand but there is work to do before you make the big […]

EVENT   |   25th July, 2016

Legal Stuff Seminar

Most small business owners and entrepreneurs neglect the legal ‘stuff’ about their website, copyright, trademarks and for some, patents.  The downside is that if you don’t take the legal side of business seriously, it will cost you in the long run. This ‘must attend’ educational seminar will cover the key aspects every business owner needs […]


How to Protect your Fabulous New Design

You have spent a month of Sundays creating a great new design for your product. How do you protect your investment in time and money from all the copiers? The answer may be a design registration if the look or visual appearance of your product gives your business a competitive advantage. Protects the “look” of […]


Applying for Trademark Protection Internationally

Generally, filing and registering a trademark in your home country, grants you protection in that jurisdiction and no more. Consequently, trademark protection in your home jurisdiction does not prevent another person from filing the same trade mark as yours overseas. You do therefore need to consider global registration if your business is expanding overseas. Global […]

EVENT   |   28th May, 2016

Tips, Tricks and Start Up Hacks

W3IP Law attended an event at Soul Hotel, Surfers Paradise, hosted by Jade Weller of JadeStart Consulting. Jade is the founder of the business which provides business coaching for start-ups and small businesses. The presentation brought together a team of industry experts who delivered some valuable insights into starting a business and how to get […]


Productivity Commission Delivers Intellectual Property Report

Extensive Changes Recommended The Productivity Commission has released a draft report (600 pages) on 29 April 2016 examining Australia’s intellectual property arrangements and making recommendations. The Productivity Commission is the Australian Government’s independent research and advisory body on economic, social and environmental issues affecting the welfare of Australians. It’s expressed role is to help governments make […]


Led Zeppelins Stairway to Heaven – Jury to decide Copyright

Led Zeppelin will face a jury trial to decide whether the opening chords of their 1971 classic “Stairway to Heaven” was copied. The question is: Did they nick some of the most recognisable opening notes in rock history? U.S. District Judge Gary Klausner of the Central District of California dismissed Led Zeppelin’s motion for summary […]