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EU Unitary Patent and Patent Court
Introduction In 1973, in response to concerns about the costs of securing patent protection in Europe, the European Patent Convention was signed to set up a common patent office to examine patent applications for any European country that wished to...
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THE TRADEMARK MODERNIZATION ACT: A PRIMER FOR BRAND OWNERS
Background On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades. The TMA...
Read ArticleACCESSORY DESIGNER PREVAILS IN LAWSUIT BROUGHT BY FRANKIE EDITH KEROUAC PARKER’S ESTATE
In Moran, personal representative of the estate of Frankie Edith Kerouac Parker v Edie Parker LLC (Case No 20-cv-12717 (ED Mich), 27 September 2021), the US District Court for the Eastern District of Michigan addressed the question of whether a...
Read ArticleCease and Desist Letters Need to Balance Effectiveness While Considering Consequences
Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to achieve...
Read ArticleAmerican 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...
Read ArticleUK 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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