Intellectual property law
India's Prius Judgment and Trans-Border Reputation of Trademarks
"The Prius judgment changed the course of the universality principle in India, and thus the way in which trans-border reputation is determined."
Other Barks & Bites for Friday, October 15: TRIPS IP Waiver Negotiations Heat Up, CAFC Finds No Due Process Violations in Mobility Workx, and the Copyright Office Will Study Copyright Protections for News Publishers
This week in Other Barks & Bites: the U.S. Copyright Office announces that it will study the current state of copyright protections for news content; the Ninth Circuit affirms the dismissal of copyright claims against The Weeknd over the 2016 release of "A Lonely Night"; the Sixth Circuit finds that laches are not available to Honeywell as an equitable defense against claims that its online sales of MAX-branded earplugs violates a 1995 consent decree; news reports indicate that negotiations between the EU and South Africa on the proposed TRIPS IP waiver for COVID-19 vaccines have been increasing in recent days; the USPTO issues a final rule on high-capacity physical media submissions for determining patentability of amino acid sequences and computer program information; the U.S. Supreme Court approves the Solicitor General's request to participate in oral arguments for Unicolors v. H&M; and a Federal Circuit panel majority nixes due process arguments raised by Mobility Workx regarding bias in IPR proceedings at the PTAB.
Attorney fees awarded since patentee knew it had a losing case.
Energy Heating, LLC v. Heat On-the-Fly, LLC ( Fed.
HP's Patent Development Group Is Seeking a Patent Attorney - IPWatchdog.com | Patents & Patent Law
HP's Patent Development Group is seeking a highly motivated patent attorney to join its legal team in either their Houston, TX or Vancouver, WA location.
Patent Owner Tells PTAB Precedential Opinion Panel Fintiv Factor 2 Should Be Modified Post-Arthrex
" Fintiv was decided when ALJs had the apparent authority to 'render a final decision on behalf of the United States without any such review by their nominal superior or any other principal officer in the Executive Branch.'"
Federal Circuit Clarifies Criteria for 'Exceptionality' Finding for Award of Attorneys' Fees
"While the 'manner' or 'broader conduct' of litigation is relevant under § 285, the absence of litigation misconduct is not separately of mandatory weight."
The De Minimis Concept in Copyright Cases - The Ninth Circuit Says What it is and What it Isn't - The IP Law Blog
In a recent case, Bell v. Wilmott Storage Services, LLC, decided September 9, 2021, the Ninth Circuit clarified the role that the concept plays in copyright infringement cases.
CAFC Affirms Eastern Texas Rulings of Noninfringement for Telecom Companies
"[T]he doctrine of prosecution disclaimer precludes a patentee from recapturing through claim interpretation specific meanings disclaimed during prosecution." - CAFC in Traxcell v. Nokia
In re ESIP: No Arthex challenges in closed case
In re ESIP (Panel: O'Malley, Reyna, Chen) (link to decision: In re ESIP SERIES 2)
How Public Opinion Polls Expand the Conversation on GSK v. Teva and Skinny Labeling
"The legal standing of skinny labeling is far from settled.