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

Decisions to be Made Regarding the EU Unitary Patent and Potentially Opting out of the Unified Patent Court

The Administrative Council of the new European Unified Patent Court stated that the target date for the EU Unitary Patent and Unified Patent Court to come into effect will be on April 1, 2023. However, there is still a possibility that this may be...

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

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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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: , , , , , , , ,

Patents in Crisis: Is there a Solution in Sight?

Patents in Crisis: Is there a Solution in Sight? Remarks prepared for presentation to the Emily C. and John E. Hansen IP Institute at Fordham Law School on September 19, 2019 I. Introduction II. The Four Sledgehammers Affecting Confidence in U.S....

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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: , , , , , , ,

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...

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