Category: Patent Infringement

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Can Design Patents Be Limiting in Enforcement?

Suppose that you have an invention disclosure for a design of an article that you want to protect?  When you review the invention disclosure, you notice that the design is ornamental, for example a pattern, on an article such as a chair.  You draft and file a design patent application on the pattern described as … Continue Reading

Information on Filed Applications for Registration of Drugs has Become Publicly Available in Russia

Under the Federal Law “On drugs circulation” (Law), information on state registration of drugs in Russia shall be publicly available. Pursuant to Art. 37(1) of the Law, MoH-s obligation is to disclose information regarding all filed applications for drug registration on its official website. For a long period, MoH used to turn a blind eye to … Continue Reading

Plant Breeder’s Rights in Australia: updated, amended and strengthened

Recent amendments to the PBR Act have strengthened PBR rights and have aligned aspects of PBR with other intellectual property laws in Australia. This article summarises the changes. The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Amending Act) received Royal Assent on 24 August 2018 and makes significant changes … Continue Reading

Some Important Recent Developments Make Korea Friendlier to Foreign Companies Utilizing the Korean Patent System

Korean Court Makes Efforts to Create a More Patent-Friendly Environment. Although Korea has been very active in the development of intellectual property, Korea has a reputation for being relatively unfriendly to foreigners utilizing the Korean patent system. Korean courts have been trying to rectify this situation by changing the environment for patent protection and patent … Continue Reading

BLOCKING PATENTS CAN MOOT OBJECTIVE INDICIA OF NON-OBVIOUSNESS

In a recent precedential decision, a split Federal Circuit (Judges Dyk and Taranto in the majority, Judge Newman, dissenting) issued a lengthy, 53-page decision, regarding the obviousness doctrine.  Judge Taranto, writing for the majority, engaged in a fact-intensive analysis to determine that a ‘blocking patent’ mooted evidence of objective indicia of non-obviousness and found the … Continue Reading

IP Court restrained to sell and market a generic drug until the patent expiry

On 24 April 2018 the Intellectual Property Court published its Decision in case A41 85807/2016 between Swiss-based Novartis AG and local generic Nativa LLC. The IP Court’s position in this case may result in an extra defense granted for patent holders against unfair practice of registration of generics drugs until patent expiry.… Continue Reading

Korean Patent Court Finds: Use of Outback motel mark unfairly competes with mark for restaurant services

In a suit alleging trademark infringement and unfair competition, the Korean Patent Court concluded that the use of the mark “” in connection with “unmanned lodging services” used for so-called love motels with an image of a naked woman, did not infringe Outback Steakhouse’s trademark.  But it did constitute unfair competition because that use harmed … Continue Reading

U.S. Supreme Court Sets the Bar Higher for Obtaining Damages for Design Patent Infringement

Bottom Line:  The Supreme Court’s decision sets the bar higher for design patent holders to recover for infringement and opens the door to apportionment of damages. Parties looking to file for design patents will likely consider claiming their patents more broadly, in order to avoid the specter of reduced damages in the event the design … Continue Reading

PLEADING PATENT INFRINGEMENT IN THE UNITED STATES?

How do you plead patent infringement in the United States?  Can you survive a motion to dismiss if the defendant challenges the sufficiency of your complaint?  What should you do? Let’s say your client has a United States patent that is believed to be infringed by another party.  You do not rely on the client … Continue Reading

Supreme Court Reverses Apple v. Samsung Design Patent Damages Award

On December 6, the Supreme Court reversed Apple’s $399 million patent infringement verdict against Samsung.  The decision – the first from the Supreme Court to interpret design patent damages since 1886 – arguably raises more questions than it answers. In a series of widely-publicized cases around the globe, Apple and Samsung have been battling over … Continue Reading

MAKING HEAVY WEATHER OF THE UK’S UNJUSTIFIED INFRINGEMENT THREATS RULES

The UK has for a long time had laws in place that make it illegal for IP owners to make “unjustified threats” to bring proceedings for infringement of registered IP rights.  In recent years, this prohibition has been narrowed to exclude threats made in respect of primary infringement (i.e. manufacturing, importing or supplying services), but … Continue Reading

Australian Full Federal Court rules on rights of an exclusive licensee

A recent decision of the Full Federal Court of Australia (Bristol Myers Squibb Company v Apotex Pty Ltd [2015] FCAFC 2) has resolved uncertainty about the requirements for an exclusive licence of a patented invention. Legislation The Patents Act 1990 (Cth) provides that an exclusive licensee holds a licence from the patentee to exploit the … Continue Reading
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