Category Features

US High Court Puts Unreasonable Delay On Trial

On its face, the case is a humdrum, procedural dispute about a patentee’s delay in filing an infringement suit. But if the Supreme Court rules the way most experts expect, the decision will significantly enhance the power of patent trolls and others alleging patent infringement, and it will harm many companies doing business in the US – especially companies in the tech sector. Much hangs in the balance on 1 November, when the Supreme Court hears oral arguments in SCA Hygiene Products AG v. First Quality Baby Products, LLC.

Special Report: IP And Competition Law – Opposing Forces Or Partners For Consumer Welfare?

Intellectual property and competition authorities should collaborate, but other institutions should also have their say, such as health ministries, speakers said at a United Nations meeting of experts this week. And guidelines should be provided to judges in the difficult task of determining whether IP rights monopolies impede on competition, they said. This special report takes a deeper look at IPRs, competition, and differing economies.

Which “Brazil” Will Chair The Marrakesh Treaty Assembly?

The supposedly impossible happened: The Marrakesh Treaty entered into force on 30 September, three months after reaching the necessary minimum of 20 ratifications. By then, 22 countries had done so – two more did so during the Marrakesh Assembly.

Online Brand Protection In One Convenient Step

Managing a brand and trademark portfolio is a demanding undertaking that can require expert precision to prevent unsavory characters and companies from stealing intellectual property. Tools are needed to help companies better manage their IP assets in a more expedient and comprehensive fashion, writes Mason Cole of Donuts.

Fall Is A Time For Farewells, Hellos At UN Agencies, Law Offices, NGOs, Industry

As autumn rolled in, two United Nations agencies chose global figures to help them with their missions, another has a new website, and changed heads, while non-governmental organisations, law offices, and industry also saw numerous changes at management level.

US Supreme Court To Decide If USPTO Refusal To Register Trademarks Breaches Free Speech

The US Supreme Court agreed on 29 September to take up the question of whether the Lanham Act, which allows the US Patent and Trademark Office to refuse to register disparaging trademarks, conflicts with the First Amendment right to free speech.

US Supreme Court To Examine Outsized Infringement Damages

Patent infringers are supposed to pay damages, but the award in this case struck many as ridiculous. Some Samsung smartphones contained one or two purely decorative design elements that had been patented by Apple. But instead of paying modest damages for what many see as a tiny infringement, Samsung was ordered to pay $399 million – all the profits the company had made from its infringing phones. The Federal Circuit said it had no choice but to approve those damages; it was constrained by statute. Critics, however, said that the Federal Circuit had misinterpreted the statute. They fret the court’s error will unleash a wave of design patent infringement suits that will harm innovation, stifle competition, and empower patent trolls. Which is why so many will be paying close attention on 11 October, when this dispute comes before the US Supreme Court.

Despite Ongoing Efforts, USPTO Still Faces Patent Quality Issues

The US Patent and Trademark Office continues to face claims of low patent quality despite a major initiative to address the situation. The agency has been the subject of several critical reports by oversight agencies and recently defended its patent quality improvements before Congress. Patent practitioners say that while patent quality may not actually have worsened over the past few years, the USPTO's ongoing lack of financial and other resources, and inconsistent judicial decisions, are among the factors causing problems.