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MLB Can't Duck Digital Ticket IP Suit Despite Plaintiff Swap
A New York federal judge declined to toss a digital ticketing patent holder's amended infringement complaint against Major League Baseball's interactive division, reasoning that the [...]
Pa. Fudge Maker Seeks Atty Fees In 'Moonshine' TM Fight
Even though a Pennsylvania jury had found that Local Yokels Fudge and Christopher Warman's ex-wife had copied his secret "Chocolate Moonshine" fudge recipe, the defendants [...]
Anti-China Bias Tainted ADI Trade Secrets Case, 1st Circ. Told
A former Analog Devices microchip engineer convicted of pilfering valuable design schematics to launch a competing business has told the First Circuit the government singled [...]
High Court Won't Hear Zimmer Biomet Royalties Fight
The U.S. Supreme Court on Monday shot down Zimmer Biomet Holdings' challenge to the Seventh Circuit's finding that the company shouldn't have stopped paying royalties [...]
Think Like a Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and [...]
GAO Report on Third-Party Funding in Patent Cases Indicates Stakeholders Favor Disclosure Requirements
On December 5, the U.S. Government Accountability Office (GAO) published a report reflecting the agency’s investigation into third-party funding of patent litigation in the United [...]
The Riyadh Design Law Treaty: Bringing Design Law into the Future
In 2007, I began attending sessions of the World Intellectual Property Organization’s (WIPO’s) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, [...]
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope [...]
Other Barks and Bites for Friday, December 6: GAO Releases Third-Party Litigation Funding Report; PQA Must Identify Members in VLSI Patent Litigation; CAFC Issues Two Precedential Decisions
This week in Other Barks and Bites: the Government Accountability Office published its report on third-party funding for patent litigation showing mixed responses to proposed [...]
Fed. Circ. Dissects Role of Corrected IP In Construction PGR
A Federal Circuit panel on Friday worked through whether the Patent Trial and Appeal Board had blocked a patent challenger from raising concerns about the [...]
Galderma Can't Undo Lupin's Skin Drug Win At Fed. Circ.
Federal Circuit judges on Friday upheld a bench trial finding earlier this year that allowed an Indian generic-drug maker to start selling a treatment for a chronic [...]
High Court To Weigh $47M TM Award Liability For Non-Parties
A trademark case before the U.S. Supreme Court Wednesday will delve into whether corporate affiliates of a real estate development company should be liable for [...]
9th Circ. Won't Revisit CR Bard's Patent Misuse Win
The Ninth Circuit declined Friday to rethink its holding that C.R. Bard was allowed to seek royalties on sales of a vascular stent after a [...]
2nd Circ. Won't Revisit Sheeran's 'Let's Get It On' Win
The Second Circuit won't rethink a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," [...]
PTAB Axes Patent Claims In Scrapped $583M Verizon Verdict
The Patent Trial and Appeal Board has ruled that Verizon was able to show that two claims in a General Access Solutions wireless network patent [...]
Netflix Dispute May Alter 'Source' In Fair-Use Analysis
​The Ninth Circuit’s upcoming decision in Hara v. Netflix​, about what it means to be source-identifying​, could change how the Rogers defense protects expressive works [...]
Patent Lit Funders Are 'Fleeing' From Del. Court, Study Says
Patent cases in Delaware federal court have dropped by 41% since Delaware's Chief U.S. District Judge Colm Connolly issued disclosure rules in 2022, and litigation-funded [...]
OpenAI Unveils Plans To Ask JPML To Centralize IP Suits
OpenAI Inc. informed New York and California federal courts this week it plans to ask the Judicial Panel on Multidistrict Litigation to centralize eight copyright [...]
Off The Bench: Kyrie Irving Sued, Golf's New Transgender Ban
In this week's Off The Bench, the New York Knicks and Rangers sue the unknown masses of people selling counterfeit team gear, a therapist who [...]
New Balance Hit With Patent Suit Over Track Cleats
A Texas patent holder sued New Balance in Massachusetts federal court Friday, alleging that four models in New Balance's FuelCell SuperComp line of cleated running [...]
Fed. Circ. Backs $25K Sanction In Stun Device Design IP Suit
The Federal Circuit said Friday that a lower court did nothing wrong in ordering stun device maker PS Products Inc. to pay $25,000 as a [...]
Novel GUIs as Design Patents: Techniques and Benefits
A common question I get is “can I patent my website’s graphical user interface (GUI)?” (i.e. “Can I patent the look of my website or [...]
Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity
The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at [...]
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Burberry file a copyright claim against discount store B&M, the former owner of Charlton Athletic file a debt [...]

NVIDIA dominating the AI Chips

2nd November 2021 - admin

Its cat related NVIDIA, one of our favorite brands! How NVIDIA veered from gaming and graphics hardware to ruling AI chips had allegedly something to do with cats. It all happened circa 2010, when Bill Dally, now chief scientist at NVIDIA was having breakfast with Andrew Ng, an erstwhile associate at Stanford University who was […]

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Privilege Creep and Your Data Security

14th October 2021 - admin

The term “privilege creep” refers to the gradual accumulation of access rights beyond what a person needs in order to perform his or her job. It used to be relatively straightforward to trace system users and know what access rights they have been granted in relation to system resources. Nowadays, with the wide range of […]

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Bvlgari Snake Head Design Enjoys Copyright in China

17th September 2021 - admin

In April 2021, the Beijing Intellectual Property Court (‘BIPC’) announced its ruling in relation to a China National Intellectual Property Administration’s (‘CNIPA’) decision by deciding in favor of Bvlgari. The matter related to a trade mark application filed by Mr. Liu Rongjun in class 18 that consisted of a “snake head” design that resembled Bvlgari’s […]

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Oral Agreements – Can You Enforce These?

27th August 2021 - admin

In Australia, oral agreements can be enforceable. So, it should be no surprise that business owners can seal agreements with other parties on the basis of a handshake. Come to think of it, we get involved in oral agreements all the time. When we buy goods in the supermarket or when we order food in […]

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AUSTRALIAN CONSUMER LAW: CONSUMER RIGHTS

10th August 2021 - admin

The Australian Consumer Law (ACL) intends to protect consumers while ensuring fair trading in Australia. It provides consumers with a comprehensive set of guarantees for the goods and services they purchase. Under the ACL, consumers have protection for their purchases and businesses have accountability and responsibility in respect to their supply to consumers. WHAT ARE […]

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Amazon Launches IP Accelerator in Canada to Help Small Businesses Secure a Trademark and Protect Their Brands

26th July 2021 - admin

Amazon has launched an IP Accelerator in Canada to help small and medium-sized businesses secure and protect their trade marks through a network of trusted Canadian intellectual property law firms. IP Accelerator and its brand protection tools are readily available to participating Amazon store businesses. In order to gain access to Amazon’s tools, brands had […]

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Copyright Protection of a Logo

2nd July 2021 - admin

A logo trade mark is an artistic work that functions to distinguish the brands of traders in the market. Logos are a visual representation of the brand of a company and can be protected both under trade mark law as denoting the origin of a supply and copyright law as an artistic work. Trade marks […]

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AI is Revolutionizing Education

3rd June 2021 - admin

“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

20th May 2021 - admin

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

20th May 2021 - admin

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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