30 March

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UKIPO Invalidates Babybel Cheese Shape Mark

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Fromageries Bel, owners of cheese brands including Boursin, Leerdammer and The Laughing Cow, have been dealt a blow by the UK Intellectual Property Office (UKIPO), with their UK trademark registration for the shape of the company’s popular Babybel cheese having been declared invalid. It has been possible to register non-traditional trademarks, including colors and 3D shapes, for many years. However, the requirements for registration of these types of marks have changed substantially since they were first introduced, with significant attention currently being paid to the precise way in which the marks are defined. As a result, an increasing number of non-traditional...

29 March

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‘Bad Patents’ Are Just Another Big Tech False Narrative

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“The mistake the ‘bad patent’ narrative makes is that a patent is less a technical instrument than it is an economic instrument. A patent is an instrument of profit, and it must be treated as such to encourage people to advance technology by filing patents.” Over the last 15 years, Congress, the courts and the USPTO have gutted the patent system. Fortunately, USPTO Director Andrei Iancu has been taking important steps to reverse some of the damage, with revised 101 guidance and changes in the Patent Trial and Appeal Board (PTAB). But the most important thing Iancu is doing is silencing the...

29 March

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Other Barks & Bites: New Register of Copyrights, Win for Qualcomm at ITC and Big Tech Up in Arms Over New EU Copyright Rules

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Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in Other Barks & Bites: Karyn Temple is appointed Register of Copyrights; the International Trade Commission recommends excluding certain iPhone models for infringing Qualcomm patent claims; the EU approves new copyright rules which will affect online media platforms; Senators Tillis and Coons move forward with stakeholder discussions on a legislative fix to Section 101 of patent law; Peloton responds to copyright infringement suit by dropping online cycling classes; Amazon adds nearly 1,000 jobs in Austin, TX; the District of Delaware tosses out willful infringement claims...

24 March

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What the PTAB’s Precedential Decisions on Live Testimony and Substitute Claims Mean for PTAB Litigation

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“The recent designations not only provide guidance to prospective litigants in PTAB proceedings, but develop the scope of PTAB litigation as a viable alternative to district court litigation.” On Monday, March 18, 2019, the Patent Trial and Appeal Board (PTAB) designated three decisions as precedential. Two of the three decisions—K40 Electronics LLC v. Escort Inc. (“K40 Electronics”),[AIA, live testimony at oral argument] and DePuy Synthes Products Inc. v. Medidea LLC (“DePuy Synthes Prods”) [AIA, live testimony at oral argument]—explained the limited circumstances in which live testimony may be allowed during PTAB proceedings. The third decision, Amazon.com Inc. v. Uniloc Luxembourg SA (“Amazon.com”) [AIA § 316(d), grounds...

23 March

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IP Enforcement in the Digital Age: Identifying Infringers In an Anonymous Online Environment

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“Trademark owners increasingly focus their injunctive efforts on stopping payment for sales of infringing goods. This can be an extremely powerful tool to combat online infringement, particularly where an anonymous infringer operates multiple accounts or is located outside the United States.” New technologies create novel issues and inform our understanding of existing laws. The statutes that form the basis of the U.S. IP regime are decades old and, as such, could not have contemplated how technology (and technology-assisted infringement) would evolve. As a result, traditional methods of IP enforcement often lag behind the rapidly changing online environment. Though Congress has taken...

19 February

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How Long Are Copyrights Valid For?

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Having the maximum amount of protection on your intellectual property is what many people hope for when beginning the copyright process. Some types of intellectual property protection last longer than others. Luckily, when it comes to copyrights, your intellectual property will be protected for a very long time. How long your copyright is protected has a lot to do with exactly when you obtained the copyright. If the copyrighted work was created before January 1, 1978, then the copyright will be protected as part of the 1909 Copyright Act, which has a tendency to be confusing. Basically, those are initially protected...

09 February

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What Is Mediation?

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Mediation is a form of dispute resolution commonly used in New Jersey. This type of dispute resolution is generally used to avoid litigation for divorces, family law, and business disputes. There are many benefits to choosing mediation over litigating a business dispute. The idea of going to court is daunting for a lot of people and that is why so many people have been opting for mediation. In addition to being able to come to a conclusion without ever entering a court room, mediation has other benefits. It is typically a cheaper option than getting a litigated divorce because you don’t...

08 February

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Using Provisional Patent Applications in Invalidity Challenges

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The following article by Michael J. Flibbert and Pier D. DeRoo published by Westlaw Journal Intellectual Property is very instructive and is recommended reading. Article Using Provisional Patent Applications in Invalidity Challenges February 28, 2018 Westlaw Journal Intellectual Property By Michael J. Flibbert, Pier D. DeRoo While provisional patent applications are never published and cannot become prior art, recent decisions from the U.S. Court of Appeals for the Federal Circuit illustrate that parties can nonetheless make effective use of provisional applications when raising invalidity challenges. For instance, parties can use the earlier filing date of a provisional application to show an issued patent or a published...

08 February

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Googles Arm for Self Driving Cars Is Accusing a Former Engineer of Stealing Trade Secrets for Uber

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Google is suing Uber and alleging that a former employee engaged in a “concerted plan” to steal trade secrets related to the search giant’s self-driving car technology. In a blog post Thursday, Google’s self-driving car subsidiary, Waymo, said that a former top executive who later went to work for Uber illegally downloaded troves of proprietary data onto an external hard drive before taking the information to his new employer. “Six weeks before his resignation this former employee, Anthony Levandowski, downloaded over 14,000 highly confidential and proprietary design files for Waymo’s various hardware systems, including designs of Waymo’s LiDAR and circuit board,” said Google, referring to...

11 November

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Form 3115 for a Cash to Accrual Method for Small Businesses

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We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives. Ensuring the operational functioning of the organisation, the development of external relations, management of press relations and constant communication with the press....