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IP Law Insights

Blog posts of all IP law news and insights.

Protecting COVID-19-Related Software Innovations
By: Ryan N. Phelan
on August 28, 2020 at 11:15 am
Publication: IPWatchdog.com | Patents & Patent Law

The United States Patent and Trademark Office (USPTO) recently announced the COVID-19 Prioritized Examination Pilot Program, under which the USPTO will advance certain patent applications related to COVID-19 “out of turn,” resulting in prioritized examination for qualifying applications. Under this program, the USPTO reportedly aims to provide final disposition of qualifying applications within one year …

Protecting COVID-19-Related Software Innovations
By: Ryan N. Phelan
on August 28, 2020 at 11:15 am
Publication: IPWatchdog.com | Patents & Patent Law
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Microsoft Supports Epic Games’ Complaint Against Apple for Anti-Competitive Practices
By: Rebecca Tapscott
on August 27, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law

On August 23, Microsoft filed a declaration in support of Epic Games, Inc.’s August 13th Complaint for Injunctive Relief against Apple, Inc., in which Epic alleged that Apple has been using “a series of anti-competitive restraints and monopolistic practices” through its distribution of software applications (apps) and its processing of consumers’ payments for digital content …

Microsoft Supports Epic Games’ Complaint Against Apple for Anti-Competitive Practices
By: Rebecca Tapscott
on August 27, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law
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Patent Filings Roundup: Qualcomm Keeps Monterey at Bay; H&R Block Hit with Revived Uniloc Patent; Board Rejects 11 Intel Petitions Against Fortress Sub
By: Jonathan Stroud
on August 27, 2020 at 4:15 pm
Publication: IPWatchdog.com | Patents & Patent Law

District court patent filings and filings with the Patent Trial and Appeal Board (PTAB) were relatively subdued this week, with 53 new complaints and 31 PTAB filings; the PTAB filings were puffed up by L&L Candle Company firing off three IPRs against Sterno company, three diaper IPRs dropped on Paul Hartmann AG, and Qualcomm IPRs …

Patent Filings Roundup: Qualcomm Keeps Monterey at Bay; H&R Block Hit with Revived Uniloc Patent; Board Rejects 11 Intel Petitions Against Fortress Sub
By: Jonathan Stroud
on August 27, 2020 at 4:15 pm
Publication: IPWatchdog.com | Patents & Patent Law
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The UK Supreme Court’s Re-interpretation of FRAND in Unwired Planet v. Huawei
By: Jason Rantanen
on August 27, 2020 at 1:20 pm
Publication: Patent – Patently-O

Guest post by University of Utah College of Law Professor Jorge L. Contreras.  In its Judgment of 26 August 2020, [2020] UKSC 37, the UK Supreme Court affirms the lower court decisions ([2017] EWHC 711 (Pat) and [2019] EWCA Civ 38) in the related cases Unwired Planet v. Huawei and ZTE v. Conversant [I discuss …

The UK Supreme Court’s Re-interpretation of FRAND in Unwired Planet v. Huawei
By: Jason Rantanen
on August 27, 2020 at 1:20 pm
Publication: Patent – Patently-O
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How One TTAB Case Reveals Continued Examination Flaws Post-Tam and Brunetti
By: Kevin Christopher
on August 27, 2020 at 11:15 am
Publication: IPWatchdog.com | Patents & Patent Law

A case that is currently before the Trademark Trial and Appeal Board (TTAB), Proceeding No. 92071980, is no run-of-the-mill cancellation petition. Elevated Faith LLC v. GODISGHL, LLC,  concerns the right to register religious symbols and exposes critical flaws in trademark examination; in some ways it might be considered a progeny of Matal v. Tam and …

How One TTAB Case Reveals Continued Examination Flaws Post-Tam and Brunetti
By: Kevin Christopher
on August 27, 2020 at 11:15 am
Publication: IPWatchdog.com | Patents & Patent Law
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UK Supreme Court Affirms Jurisdiction of English Courts in SEP Cases
By: James Nurton
on August 26, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law

In a ruling concerning patent portfolios owned by Unwired Planet and Conversant, the UK Supreme Court has upheld lower decisions that English courts can determine fair, reasonable and non-discriminatory (FRAND) terms for worldwide patent licenses, and grant injunctions. The Court’s unanimous judgment in the three cases (Unwired Planet International Ltd and another v Huawei Technologies …

UK Supreme Court Affirms Jurisdiction of English Courts in SEP Cases
By: James Nurton
on August 26, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law
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Apple v. Prepear: Does Apple Really Need All the Fruit?
By: Nicole Page
on August 26, 2020 at 6:15 pm
Publication: IPWatchdog.com | Patents & Patent Law

How many types of fruit does one mega-company need to protect its trademarks? Apparently, Apple Inc. believes an image of a pear used in connection with a meal preparation app is too close for comfort and that it is entitled to prevent its use. Bananas, you say? Possibly, but it’s also not uncommon for companies …

Apple v. Prepear: Does Apple Really Need All the Fruit?
By: Nicole Page
on August 26, 2020 at 6:15 pm
Publication: IPWatchdog.com | Patents & Patent Law
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Apparel Trademarks: How the Mere Ornamentation Technicality May Be Undermining Your Brand
By: Taylor Foss
on August 26, 2020 at 11:15 am
Publication: IPWatchdog.com | Patents & Patent Law

The value of your company’s intellectual property cannot be understated, particularly in the current economic climate. But this should not be news to you, especially if you are in the business of displaying your brand name or logo on merchandise for sale. In that case, you know how important it is to protect your trademarks, …

Apparel Trademarks: How the Mere Ornamentation Technicality May Be Undermining Your Brand
By: Taylor Foss
on August 26, 2020 at 11:15 am
Publication: IPWatchdog.com | Patents & Patent Law
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Mandamus Petition to CAFC Sets Up Showdown Between Article III Courts and Stacked PTAB Panels
By: Steve Brachmann
on August 25, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law

On August 13, Sand Revolution LLC filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit. The petition asks the Federal Circuit to decide whether U.S. District Judge Alan D. Albright of the Western District of Texas abused his discretion to deny a motion to stay district court …

Mandamus Petition to CAFC Sets Up Showdown Between Article III Courts and Stacked PTAB Panels
By: Steve Brachmann
on August 25, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law
Read More »

IPR: Not a Taking; Not an Illegal Exaction
By: Dennis Crouch
on August 25, 2020 at 4:41 pm
Publication: Patent – Patently-O

by Dennis Crouch Christy, Inc. v. US (Fed. Cir. 2020) David McCutchen is the inventor of U.S. Patent No. 7,082,640 – a shop-vac that can reverse the air flow (back-flush) in order to clear the filter.  The video below shows how this is implemented.  McCutchen passed-away in 2019, but assigned his patent to his company …

IPR: Not a Taking; Not an Illegal Exaction
By: Dennis Crouch
on August 25, 2020 at 4:41 pm
Publication: Patent – Patently-O
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