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DESIGN PATENT PROTECTION FOR REPLACEMENT PARTS
The fight between insurers and car manufacturers as to whether and, if so how, to protect the design of spare parts for cars delayed the implementation of an EU regulation on design protection for well over a decade and ended in an uneasy...
Read ArticleTHE MUSIC MODERNIZATION ACT: A PRIMER FOR COPYRIGHT HOLDERS
On October 11, 2018, the Music Modernization Act (MMA) was signed into law resulting in one of the most significant legislative changes to the copyright law in the United States in the last 50 years. The bipartisan legislation, which was written by...
Read ArticleU.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT HAS HELD THAT NEITHER STATE AGENCIES NOR INDIAN TRIBES ENJOY SOVEREIGN IMMUNITY, WHICH WOULD PROTECT THEIR PATENTS FROM CHALLENGE IN THE PATENT TRIAL AND APPEAL BOARD OF THE UNITED STATES PATENT AND TRADEMARK OFFICE
Introduction On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes...
Read ArticleHelsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc: Prior Public Sale may destroy novelty without disclosure of inventive feature
In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc, the United States Supreme Court held that a prior public sale of a patented product could destroy the novelty of a patent for that product even though there was no disclosure of the...
Read ArticleNative American Tribes’ Patents Not Immune from Challenge in the Patent Trial and Appeal Board
On July 20 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do not enjoy Sovereign...
Read ArticleTTAB DECISION UNDERSCORES DIFFICULTY OF PROVING FRAUD BEFORE THE USPTO
In Tommie Copper IP Inc v Gcool-Tech Usa LLC (Opposition No 91223768 (9 May 2018) ), the Trademark Trial and Appeal Board (TTAB) has dismissed an opposition where the applicant did not have use in commerce at the time of filing the application and...
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