The trademark of a business can be anything like a name, logo, or symbol, that helps the brand stand unique in the minds of people. The trademark search is the primary thing to be done before registering the mark with the USPTO (United States Patent and Trademark Office) to avoid confusion with already existing marks.… Continue reading Crowded Field of Third-Party Registrations
Category: Legal Texts
The Federal Circuit clarifies IPR estoppel and overturns a $1.1 billion verdict in Caltech’s favor due to improper damages theory
Takeaways: The Federal Circuit clarified on February 4, 2022, that IPR estoppel applies to all claims and invalidity grounds that the petitioner may have plausibly asserted in its IPR petition. The court also overturned and remanded Caltech’s $1.1 billion patent infringement judgment against Apple and Broadcom because Caltech adopted an incorrect damages approach. 20-2222 California… Continue reading The Federal Circuit clarifies IPR estoppel and overturns a $1.1 billion verdict in Caltech’s favor due to improper damages theory
The revision of China’s anti-monopoly law – Abuse of Dominance, Intellectual Property Rights, and Administrative Powers
The Chinese Anti-Monopoly Law (AML) was enacted in 2008, and it has undergone several revisions since then. The latest revision, which took effect on 1 June 2021, includes provisions related to the abuse of dominance, intellectual property rights (IPR), and administrative powers. The revised AML strengthens the regulation of abusive practices by dominant companies, including… Continue reading The revision of China’s anti-monopoly law – Abuse of Dominance, Intellectual Property Rights, and Administrative Powers
SCOTUS Seeks Govt Input on IPR Estoppel
As patent trolls continue to plague the tech industry, the U.S. Court of Appeals for the Federal Circuit (CAFC) has decided to seek government input in its upcoming decisions on whether or not a party that cures a patented invention through an act of intellectual progress should be immune from damages. In two recent decisions,… Continue reading SCOTUS Seeks Govt Input on IPR Estoppel
Disclaimer Made in IPR Not Binding In Same Proceeding
In Cupp Computing AS v. Trend Micro Inc., the Federal Circuit has determined that an inter-parties review (IPR) proceeding disclaimer is not enforceable against the USPTO in the same proceeding in which it is made. Trend Micro, the petitioner, filed three inter-parties reviews (IPR) against CUPP Cybersecurity, the patent owner, challenging three of CUPP’s patents… Continue reading Disclaimer Made in IPR Not Binding In Same Proceeding
Either damages or compensation: Infringement in Russia
Russian IP protection is a topic that is frequently covered in the media today. However, based on what is written, it is clear that Russia tends to disregard any IP rights that may exist. In the interim, infringement continues to be a problem, and IP life continues as usual. Owners of intellectual property must pick… Continue reading Either damages or compensation: Infringement in Russia
Rule 34 of the Regulations under the PCT
The PCT minimum documentation is the set of documents that any Office or organization must have on hand in order to be appointed as an International Searching Authority (ISA) and that any ISA must consult when conducting an international search, as defined by PCT Rule 34. It includes both patent and non-patent literature (PCT Article… Continue reading Rule 34 of the Regulations under the PCT