US Supreme Court

rules laches is no defense

in patent lawsuit

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By Jere Keys http://www.flickr.com/photos/tyreseus/ – http://www.flickr.com/photos/tyreseus/507218014/, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=16187887

The US Supreme Court has vacated a Federal Circuit decision and ruled that laches cannot be invoked as a defense against a claim for patent damages when the case was brought within the six-year limitation period of 35 U.S.C. 286.

The case of SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods. involved rival sellers of adult incontinence products.

In 2013, SCA sent a letter to First Quality alleging that it was making and selling products that infringed SCA’s patent rights.

First Quality responded that one of its own patents antedated the SCA patent at issue and thus that the SCA patent was invalid.

SCA seemingly dropped the subject and First Quality proceeded to further develop and market its adult diaper products.

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Mobile Games and Intellectual Property

by AEON Law on April 6, 2017

"The Walking Dead" help

mobile games make more money;

brands add to profits

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By FriscoFoodie at English Wikipedia, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=37252356

Mobile games are big business, generating $40.6 billion worldwide in 2016 and growing at a healthy 18% over the previous year.

The mobile gaming market is also highly competitive, with more than 800,000 titles available in app stores.

Only a small percentage of the hundreds of thousands of games are hits. 80% of mobile gaming revenues are generated by 20 game publishers and 1,000 top titles.

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Donald Trump Wins Trademarks in China

by AEON Law on March 13, 2017

Trump’s Chinese Trademarks:

conflict of interest or

preventative step?

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This work has been released into the public domain by its author, Vrlobo888 at the wikipedia project. This applies worldwide.

President Donald Trump’s intellectual property ownership has been in the news lately.

(We previously discussed how intellectual property law in the US might change under a Trump administration, and candidate Trump’s use of Neil Young songs.)

The New York Times reported that Trump won a preliminary appeal to register 38 new trademarks in China.

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Business methods

easier to patent in

China than US?

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By Zeng Gongliang, Ding Du, and Yang Weide – Wujing Zongyao, from Science and Civilisation in China p. 496, โดเมนสาธารณะ, https://commons.wikimedia.org/w/index.php?curid=25628379

Although it’s been more difficult to get software and business-method patents in the United States in the wake of court cases like the Supreme Court’s Alice decision, China is making it easier to get such patents.

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Federal Circuit:

Scanner patent claims should be

Narrowly construed

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By Creative Tools from Halmdstad, Sweden – CreativeTools.se – VIUscan – Laser-scanned – ZPrinter – 3D printed – Viking Belt Buckle 24, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=12419129

The Federal Circuit has upheld a decision of the Patent Trial and Appeal Board (PTAB), on Inter Partes Review, that the claims of a patent owned by MPHJ Technology Investments were anticipated or obvious in light of prior art.

The case of MPHJ Tech. Invs. v. Ricoh Ams. Corp. (Fed. Cir. Feb. 13, 2017) involves a patent for a “Distributed Computer Architecture and Process for Document Management.”

The patent application describes a system and method that

extends the notion of copying from a process that involves paper going through a conventional copier device, to a process that involves paper being scanned from a device at one location and copied to a device at another location.

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Don’t Try to Register an "Incapable Informational Mark"

By David Shankbone – Own work, CC BY 3.0, https://commons.wikimedia.org/w/index.php?curid=17379884 The US Patent and Trademark Office (USPTO) has recently updated its draft examination guide and listed types of marks that are considered “informational” and otherwise not eligible for trademark protection. According to the USPTO, The set of wording held as merely informational by case law […]

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New Trademark Requirements in Effect

USPTO Implements new trademark rules; more proof now required Effective February 17, the US Patent and Trademark Office has amended its rules on trademark usage and intent to use. The new rules are part of an effort to clear out "dead wood" — trademarks that are registered (and thus not available to others) but not […]

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Federal Circuit Vacates TTAB Ruling on SaaS Trademarks

Federal Circuit says "perception" is the key in SaaS trademark case By 百楽兎 – Own work. Cloud icon is from (Public domain), computer icon is from (GPL), CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=9955849 The Federal Circuit vacated and remanded a ruling by the Trademark Trial and Appeal Board (TTAB) on whether certain trademarks used for software-as-a-service (SaaS) […]

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Paul McCartney Fights to Get Beatles Copyrights Back

Paul McCartney seeks Return of Beatles song rights — long and winding road By Eddie Janssens – Wikiportrait, CC BY 3.0, https://commons.wikimedia.org/w/index.php?curid=22094600 Paul McCartney is seeking to reclaim ownership of the copyrights to Beatles song. The case is based on a little-known aspect of US Copyright law. Under 17 U.S. Code § 304, there’s a […]

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Important Patent Law Decisions from 2016

2016: what were the most important patent law cases? https://pixabay.com/en/fireworks-2016-new-year-s-eve-1102887/ CC0 Public Domain 2016 wasn’t especially momentous when it came to patent law decisions. It pales in comparison to 2014, for example, in which the case of Alice Corp. v. CLS Bank International was decided by the US Supreme Court — calling into question the […]

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