Across the US and Europe, there have been several updates to the law governing intellectual property and industry standards over the last three years, as David Healey and Raisa Ahmad of Fish & Richardson report.
Depending on where you sit, inter partes review purges bad patents and stops ‘trolls’, or discards good patents by testing them not for what they are, but what they are not. Charles Shifley of Banner & Witcoff sheds some light on the controversy.
Since the adoption of the America Invents Act and the institution of the inter partes review (IPR) proceeding, the question of how a real party in interest to an IPR is defined has presented challenges for petitioners, and opportunities for patent owners, as Amanda Tessar, Bing Ai and Elizabeth Banzhoff of Perkins Coie explain.
In September, Gordon Harris of Gowling WLG said publicly that Brexit means chaos for IP, prompting a backlash from WIPR readers. Here he explains his reasoning for the comments and says he does not regret using the word “chaos”.
Despite being just a few months old, the US Defend Trade Secrets Act has already been used to address some unique issues, and it’s likely that courts will soon begin setting out the metes and bounds of the legislation, as Kevin O’Shea and Michael Hopkins of Ice Miller explain.
Germany’s Supreme Court has ruled that descriptive names of apps and domains cannot claim trademark protection unless they have acquired distinctiveness, says Stefan Abel of Klaka Rechtsanwälte.
There are at least three barriers to obtaining non-traditional trademarks in the EU, despite a revised definition of those marks, as Lenneke van Gaal of Ploum Lodder Princen explains.
CREATe researchers at the University of Edinburgh are considering how artificial intelligence and copyright law may co-exist in the future, and the landscape throws up several challenges, says Emma Barraclough, an industry fellow at CREATe.
In its four years of operation the PTAB has tried to find the right balance for petitioners and patent owners, and the proceedings at the board will continue to be tweaked and improved, says Stephen Maebius of Foley & Lardner.
German courts have decided a number of SEP cases since the CJEU’s judgment in Huawei v ZTE in July 2015, but they continue to struggle with the details of its implementation, says Daniel Hoppe of Harte-Bavendamm.
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