Author: John Richards | Practices: , , | Tags: , , , , , , , , , , ,

American Axle v. Neapco

Introduction On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the principle that...

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Author: John Richards | Practices: , , | Tags: , , , , , , , ,

UK SUPREME COURT DECISIONS IN UNWIRED PLANET V HUAWEI AND HAUWEI v. CONVERSANT

On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: Whether the contracts entered into by those who...

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Author: John Richards | Practices: , | Tags: , , , , ,

ECJ DECISION IN SKY v. SKYKICK FINDS THAT TRADEMARK REGISTRATIONS WILL NOT BE INVALIDATED FOR HAVING UNCLEAR AND IMPRECISE LISTS OF GOODS AND SERVICES AND ALSO CLARIFIES TESTS FOR BAD FAITH TRADEMARK FILINGS

The eagerly anticipated decision of the European Court of Justice in the case of Sky v. SkyKick was delivered on January 29, 2020. The Court’s decision came as a relief to trademark owners after the Advocate General’s opinion was followed in...

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Author: John Richards | Practices: , , , , , , , , | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

IT’S 2018: THE IMPACT OF IP DECISIONS FROM 2017

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme Court. U.S. Supreme...

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Author: John Richards | Practices: , | Tags: , , , ,

“POISONOUS DIVISIONALS” POISONED IN THE EPO

For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application described subject matter that...

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Author: John Richards | Practices: , , , | Tags: , , , ,

COPYRIGHT PROTECTION FOR MASS-PRODUCED ARTICLES IN THE UNITED KINGDOM

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles).  This kept the period of protection for...

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