October 10, 2018
The relationship of wine, beer, and spirits has often proved complicated and confusing for the tippler, regardless of country. There are old saws that many repeat, and report on, that say things like “Beer Before Liquor, Never Sicker; Liquor Before Beer, You’re In The Clear” and “Wine Before Beer Leaves You Queer, But Beer Before Wine Leaves You Fine.” One also hears such advice as one travels, with sayings like “Bier auf Wein, lass das sein; Wein auf Bier, das rat’ ich dir” in Germany (which you can hear here and which I am told essentially means “Beer after wine is to be avoided; wine after beer is advised”), and “sörre bor, jó gyomor, borra sör, meggyötör” in Hungary (which you can also hear here and which has been roughly translated for me as “beer then wine leaves a good stomach; wine then beer leaves it [i.e. the stomach] tormented”), as others are quick to mention. And, of course, there are many, many other bits of drinking doggerel that are a bit difficult to remember and keep straight.
October 3, 2018
Suppose that you want to file a design patent application for an article that is three-dimensional. What views of the article will you need for the design patent application that will be sufficient to support your claim? The answer is a sufficient number of views to constitute a complete disclosure of the appearance of the design.
September 12, 2018
In a recent precedential decision, a split Federal Circuit (Judges Dyk and Taranto in the majority, Judge Newman, dissenting) issued a lengthy, 53-page decision, regarding the obviousness doctrine. Judge Taranto, writing for the majority, engaged in a fact-intensive analysis to determine that a ‘blocking patent’ mooted evidence of objective indicia of non-obviousness and found the patents-in-suit invalid on obviousness grounds.
September 5, 2018
On 4 July 2018, Russian IP Court rendered a landmark judgment in case No. A40-132026/2017.
August 22, 2018
A July 2018 decision of the UK Intellectual Property Enterprise Court (IPEC) appears to have put paid to Nike’s recent “Nothing beats a Londoner” ad campaign. The case highlights, with hindsight, a perhaps regrettable commercial/legal decision by the sports giant, whilst also demonstrating the usefulness of the IPEC as a means of speedy and effective redress in David vs Goliath disputes.
August 15, 2018
Bloggers naturally desire to write about new developments and new cases. But, because writing on legal topics is often like pulling snap shots out of a film, there is also sometimes a feeling that one is obliged to return to a previously noted case to report back on the rest of the story (as one might say (if named Paul Harvey)). So it is today for this blogger, as he reports on the developments in a case that occurred after the previous blog post freeze frame.
August 8, 2018
IP cases, by their nature, proceed in more than one country simultaneously. For instance, the patent lawsuits between Samsung and Apple have occurred at the same time in the courts of more than 10 different countries including Korea, the U.S., Germany, Japan, the Netherlands and Australia. Because these cases are proceeding simultaneously, IP right holders are often placed in a situation where they have to determine in which country to file their claims, in order to yield the most favorable results. In this regard, courts all around the world attempt proactively to invite IP lawsuits and have been making efforts to provide environments that are suitable for IP litigation on a global scale.
August 1, 2018
Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied photographs of the design and not any line drawings of the design. Can you file the design patent application with the photographs? The answer is YES! if that is the only practicable medium for illustrating the design for the article.
July 11, 2018
Recent focus on the United States Supreme Court has surrounded who President Trump will nominate to replace retiring Associate Justice Anthony Kennedy. (The nominee is Brett Kavanaugh of the D.C. Circuit.) However, once October is here, the 2018 Term begins and focus will shift back to the cases before the Court. One of those issues will be the extent that sales (or offers for sale) of an invention before the filing of a patent application will prevent the issuance of a patent. Also known as the ‘on-sale bar’ doctrine, the outcome will have broad implications for startup companies and small businesses holding intellectual property assets.