Category: Patent Infringement

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A new legal framework for the protection of works of art and collectible items

By Stavros Varverisof A. & K. Metaxopoulos and Partners Law Firm on Posted in Branding, Copyright, Europe, Patent Infringement, Protection & Enforcement, Trademarks
By Stavros Varveris, Trainee Lawyer at A. & K. METAXOPOULOS AND PARTNERS LAW FIRM Law No. 5271/2026 introduces a new specialized legal framework combining administrative and criminal regulation for the prevention and repression of art forgery, the protection of the physical integrity of works of art and collectible items, and the establishment of certified expert … Continue Reading

The recent expansion of patent elegibility for AI inventions before the USPTO

By James Muraff of McDonald Hopkins and Michael Centa of McDonald Hopkins on Posted in Artificial Intelligence, Branding, Case Studies, Copyright, Patent Infringement, Patents, United States
Introduction The new United States Patent and Trademark Office (USPTO) Director John A. Squires was sworn in on September 22, 2025 and wasted no time that week in expanding patent eligibility for AI related inventions. In particular, the new Director presided over the September 26 Appeals Review Panel (ARP) decision in Ex parte Desjardins, Appeal 2024-000567. … Continue Reading

IP myths vs. reality: What you don’t know could cost you

By Aaron A. Fishman, Sean F. Mellino and Andrew Jenkins on Posted in Branding, Copyright, Online Content, Patent Infringement, Patents, Privacy Compliance, Protection & Enforcement, Trade Secret Protection, Trademarks
Written by: Aaron Fishman, Andrew Jenkins, Sean Mellino Intellectual property (IP) is often misunderstood, leading to costly mistakes for businesses and individuals alike. Many assume that once they create something, they automatically own the rights everywhere, or that patents and trademarks offer blanket protection. In reality, IP is a complex legal landscape governed by factors … Continue Reading

Can Design Patents Be Invalidated?

By Daniel H. Bliss of Howard & Howard on Posted in Legislation, Patent Infringement, Patents, United States
Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their patent. You conduct a prior art search and find some references related to the design. Can you invalidate the design patent through … Continue Reading

Can a Slide Show Be Considered a Printed Publication to Prevent Patentability?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Legislation, Patent Infringement, Patents, Privacy Compliance, Protection & Enforcement, United States
Suppose you have an invention and disclose it in a slide show to an audience attending a conference. Can this slide show be considered a printed publication to prevent the invention from being novel and patented? Are there protective measures that can be taken to prevent the slide show from being considered a printed publication? … Continue Reading

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A Case About Jack Daniels That Dances Around Trademark Issues And Leaves Some Things To Chew On

By James P. Flynn of Epstein Becker Green on Posted in Case Studies, Copyright, Famous Marks, Patent Infringement, Trademarks, United States
Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT to his legal question “sounds like a pretty good lawyer 😉.” But others are wondering whether we … Continue Reading

QR codes with company logos can be a recipe for disaster – or a patent lawsuit

By James Muraff of McDonald Hopkins on Posted in Case Studies, Patent Infringement, Patents, Trademarks, United States
Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. Not only that, but your creative team decides to go a step further and include your company logo in the middle of the QR code. You launch your … Continue Reading

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

By James P. Flynn of Epstein Becker Green on Posted in Case Studies, Copyright, Famous Marks, Patent Infringement, Patents, Protection & Enforcement, Trademarks, United States
Our favorite thing about spring [is] spring cleaning. It’s a way to say, “I’m dusting off the winter blues and coming out of hibernation.”… At the office, spring cleaning can take on a whole new meaning. It is a chance to reorganize and refresh your workspace and your workflow. Plus, organizing will actually improve your overall focus and … Continue Reading

Parties to exploratory agreements beware: Contractual restrictions on IPR patent challenges are enforceable!

By James Muraff of McDonald Hopkins and Andrew Gordon-Seifert of McDonald Hopkins on Posted in Case Studies, Patent Infringement, Patents, United States
On February 8, 2022, the U.S. Court of Appeals for the Federal Circuit determined that certain restrictions on the ability to challenge the validity of patents are enforceable. Without such restrictions, companies that are being targeted by patent owners do not have any restrictions on the various methods of how they can challenge the patents … Continue Reading

Outcome of Hermes Claim Against MetaBirkin NFT May Provide Glimpse of Future for Fashion, Art in Metaverse

By Joseph Barber of Howard & Howard on Posted in Case Studies, Copyright, Online Content, Patent Infringement, Patents, Protection & Enforcement, Trademarks, United States
Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy images of the Hermes Birkin handbag and minted them as NFTs. NFTs are digital records of data stored on a … Continue Reading

The Supreme Court’s Adjudication on Whether a Post-grant Amendment of a Granted Patent Constitutes an Amendment of the Litigation Claim

By Shih-I Wu of Lee and Li, Attorneys-at-Law on Posted in Asia Pacific, Case Studies, Patent Infringement, Patents
When granted with a patent right, the patentee may file a request for amending the description, claim(s) or drawing(s) of the granted patent.  Hence, once an alleged infringer has presented prior evidence sufficient to establish that the patent at issue lacks patentability in a patent infringement litigation case, the patentee is likely to file post-grant … Continue Reading

Can Lawsuits under Breach of Alternative Dispute Resolution (ADR) Clauses Be Suspended Through Preliminary Injunction?

By Hsiu-Ru Chien of Lee and Li, Attorneys-at-Law and Shih-I Wu of Lee and Li, Attorneys-at-Law on Posted in Asia Pacific, Case Studies, Patent Infringement, Patents
When civil disputes arise, in addition to seeking binding judgment through civil proceedings, parties can resolve the disputes through Alternative Dispute Resolution (ADR) mechanisms such as arbitration, settlement, and mediation.  To avoid the complexities of possible future litigation and expedite dispute resolution, parties to an agreement commonly include an “ADR clause” in their agreement such … Continue Reading

WIPO introduces new business online-service that provides evidence of an intellectual asset’s existence

By Leila Mirzoeva of Lidings Law Firm on Posted in Europe, Patent Infringement, Patents, Trade Secrets
On 27 May 2020 WIPO launched new online business service, WIPO PROOF1, that provides tamper-proof evidence of the existence at a point in time of any digital file, including data sets, in any format. The WIPO PROOF service generates tamper-proof evidence proving that a digital file existed at a specific point in time, and that … Continue Reading

Selling Your Products on US Online Marketplaces

By Todd Benni of McDonald Hopkins on Posted in Branding, Online Content, Patent Infringement, Patents, Protection & Enforcement, Trademarks, United States
Before you begin selling your products on a U.S. online marketplace like Amazon, Etsy or Rakuten, there are three intellectual property considerations to make: clearance, acquisition and enforcement. This article provides a summary of all three considerations and includes steps to take to help mitigate risk, decrease instances of infringers and position your product for … Continue Reading

Recent judgment from the CJEU may have consequences for preliminary injunctions in Denmark

By Søren Wolder of DAHL and Jimmy Fuglsbjerg Christensen of DAHL on Posted in Europe, Patent Infringement, Patents
In a recent judgment from The Court of Justice of the European Union (the “CJEU”) in case C-688/17, the CJEU had the chance to provide an interpretation of adequate compensation contained in article 9(7) of Directive 2004/48 (the “enforcement directive”) and whether article 9(7) precludes a national legislation that provides that a party should not … Continue Reading

Can Design Patents Be Limiting in Enforcement?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Patent Infringement, Patents, United States
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

By Boris Malakhov of Lidings Law Firm on Posted in Europe, Legislation, Patent Infringement, Patents
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

By Ben Hamilton of Hall & Wilcox, James Deady of Hall & Wilcox, Nina McLaughlin of Hall & Wilcox and David Mummery of Hall & Wilcox on Posted in Australia, Patent Infringement
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

By Yoon Suk Shin of Lee International IP & Law Group on Posted in Asia Pacific, Patent Infringement, Patents
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

By Daniel J. Barsky of Shutts & Bowen LLP on Posted in Case Studies, Patent Infringement, Patents, United States
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

By Boris Malakhov of Lidings Law Firm on Posted in Case Studies, Europe, Famous Marks, Foreign Protection, Patent Infringement, Patents, Protection & Enforcement
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

By Kurt Gerstner of Lee International IP & Law Group and So-Jung Bae of Lee International IP & Law Group on Posted in Asia Pacific, Case Studies, Famous Marks, Patent Infringement, Patents, Trademarks
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

By Marc J. Rachman of Davis+Gilbert LLP and Devin Kothari of Davis+Gilbert LLP on Posted in Case Studies, Copyright, Famous Marks, Patent Infringement, Patents, United States
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?

By Daniel H. Bliss of Howard & Howard on Posted in Patent Infringement, Patents, 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
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