Mondaq All Regions: Intellectual Property
Shelston IP
Claims defining practical applications of gene sequences, including methods of genetic screening are patentable.
Norton Rose Fulbright Australia
US laws now allow registration of more scandalous trademarks than in Australia, however ultimately the decision is still subjective.
McCarthy Tétrault LLP
Not long after its decision in Apotex Inc. v. Bayer Inc (2018 FCA 32 – see our blog), the Federal Court of Appeal released another important decision on the subject of remedies for patent infringement (full decision here: Teva Canada Limited v. Janssen Inc., 2018 FCA 33).
Aitken Klee
As part of its obligations under the Canada-European Union Comprehensive Economic and Trade Agreement which came into force on September 21, 2017, ...
Gowling WLG
A summary of the legal position and practical mitigation steps for EU trade mark and Community design right holders.
Bardehle Pagenberg
Der Bundesgerichtshof knüpft an seine Rechtsprechung in den Entscheidungen „Flügelradzähler" und „Palettenbehälter II" an und stellt dabei klar, dass für die Abgrenzung zwischen ...
Bardehle Pagenberg
The German Federal Court of Justice follows up on its "Flügelradzähler" case law and clarifies that the relevant point of reference for distinguishing between permissible repair and impermissible reconstruction is always the protected device.
Gowling WLG
'Brexit' poses considerable challenges for intellectual property law and presents uncertainty as to the involvement of the UK, following its exit from the EU, in existing and proposed international regimes involving EU law.
Gowling WLG
EUIPO have together published a 'Notice to Stakeholders' and supporting 'Q&A' on the withdrawal of the UK from the EU rules for trade marks and Community designs.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Since the Supreme Court decided Alice v. CLS Bank in June 2014, the USPTO regularly issues new memoranda explaining its implementation of the § 101 framework.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In determining where patent infringement actions may be brought against ANDA filers, a Texas court declined to follow the ruling in a Delaware court decision.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A Virginia court declined to exclude evidence that the patents asserted in a patent infringement action had been previously licensed to over 1000 licensees because such evidence was relevant to commercial success and validity, reasonable royalty damages, willful infringement by the accused infringer, and good conduct by the patent owner.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Federal Circuit affirmed the district court's finding that certain claims of U.S. Patent No. 7,447,713—directed to digital processing and archiving in a digital asset management system—were indefinite...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On appeal, the Federal Circuit affirmed the method of apportionment utilized by the Plaintiff's expert, but rejected the expert's application of that method.
Jones Day
On February 5, 2018, the PTO filed a petition for rehearing of Bosch Auto. Serv. Sol'ns, LLC v. Matal, 878 F.3d 1027 (Fed. Cir., Dec. 22, 2017). The petition asks the panel "not . . . to alter its judgment, but only to clarify a sentence in its precedential opinion that could give rise to needless misunderstandings in the future."
Jones Day
In KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007), the Supreme Court stated that "common sense" can be considered in reaching a conclusion that a claimed invention is obvious.
Wolf, Greenfield & Sacks, P.C.
Applicant effectively conceded that TWEEDS identifies a category of sweaters or shirts included within the relevant genus.
Duane Morris LLP
An inter partes review is an administrative proceeding that asks the U.S. Patent and Trademark Office to invalidate a U.S. Patent.
Duane Morris LLP
If proven, inequitable conduct renders a patent unenforceable.
Duane Morris LLP
As part of its bankruptcy proceeding, SunEdison put its patent portfolio up for auction in August 2016.
Most Popular Recent Articles
Coleman Greig Lawyers
This brand dispute is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
Norton Rose Fulbright Australia
A branding strategy is a long term plan for the development of successful product marketing through brand awareness.
Shelston IP
An Austrade approved QIP ('Quality Incentive Program') consultant would assist you with your EMDG application.
Norton Rose Fulbright Australia
A wide variety of grants and funding programs can assist start-ups and businesses develop and commercialise their IP.
Singh & Associates
Traditional Knowledge (TK) is a living body of knowledge that is developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.
Ruchelman PLLC
Change driven by development of intellectual property ("I.P.") is now a constant. Whether the I.P. user is a tax adviser accessing a digital library, an auto mechanic interfacing with an engine...
Norton Rose Fulbright Australia
The article considers the responses to some of the key recommendations and potential implications of these responses.
Swaab Attorneys
Parallel importation may not be an infringement of the trade mark rights of an overseas manufacturer in Australia.
Madderns Patent & Trade Mark Attorneys
The use of meta-tags may constitute trade mark infringement, as the source data is visible if you know what to look for.
DibbsBarker
This was a good reminder to brand owners that there is no 'one size fits all' approach for the enforcement of IP rights.
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