IP Law Watch – Page 50 – Legal issues, law and regulations concerning the world of IP

Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

Feb 02 2015

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness, checking the pulse of key constituents and so much more. This incredible opportunity is not risk-free, however, and is the subject of new laws, application of old laws to new situations, and a significant amount of murkiness. Fortunately, the risks can be managed by considering the issues created by social media and that begins with asking the right questions. Please click here to view a discussion of ten important questions every business can start with to better benefit from its social media presence.

Teva and Its Potential Impact on Patent Litigation

Jan 30 2015

The Supreme Court recently handed down its 7-2 opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The case involved a Federal Circuit review of a district court’s determination that Teva’s patent claims were not indefinite with respect to the phrase “molecular weight.” During trial, the District Court construed the phrase “molecular weight” by considering expert declarations from both parties relating to different ways to calculate a molecular weight, and how the specification supported or conflicted with each of the ways to calculate molecular weight. The District Court credited Teva’s expert declaration at the expense of Sandoz’s expert declaration.

To read the full alert, click here.

Now Trending: #jesuischarlie Trade Marks

Jan 29 2015

Can you Register a Rallying cry or Trending Slogan as a Trade Mark in Australia?

Following the Charlie Hebdo massacre, supporters of free speech and freedom of expression rallied behind the phrase JE SUIS CHARLIE. Within two days, “#jesuischarlie” had been tweeted over five million times. Less than a week after the shooting, trade mark applications for both “Charlie Hebdo” and “jesuischarlie” were filed in Australia. This follows as many as 50 applications for the phrase in France and similar applications in the United States, European Union and Belgium. Read More

Continuation of the Dispute Between “SUPERGLUE” and “SUPER GLUE”: Decision of the Court of Justice of the European Union

Jan 20 2015

A decision issued recently by the Court of Justice of the European Union (C-91/14 P) (Court of Justice) concluded another stage in a dispute between Przedsiębiorstwo Handlowe Medox Lepiarz Jarosław, Lepiarz Alicja sp.j. (PH Medox) and OHIM and Henkel Corp. (an intervening party). The dispute concerned the following graphic designation:

IP Rights in Big Data

Jan 16 2015

In our last Big Data blog posting, we cautioned that the protection of the intellectual property rights (IP) in Big Data may warrant its own focus. While there are legitimate concerns about finding IP in data, because data may be an inert lump of code, bits, or pieces of information, it is worthwhile to think about the different kinds of IP that arise in conjunction with and in the context of Big Data. This blog entry focuses on the IP opportunities ‘in relation to’ Big Data.

ODAC Committee Votes to License Sandoz’s Zarxio®

Jan 09 2015

Sandoz Inc. filed the first biosimilar application under the Biologics Price Competition and Innovation Act on July 24, 2014 for a biosimilar version of Amgen Inc.’s Neupogen® (filgrastim). The FDA issued a Briefing Document for the Oncologic Drugs Advisory Committee Meeting held January 7, 2015 concluding that Sandoz’s biosimilar, referred to as EP2006 in the FDA’s Briefing Document, is highly similar to and has no clinically meaningful differences from Neupogen®.

To read the full alert, click here.

Big Data Speaks Loudly and Carries a Big Stick

Jan 06 2015

“Speak softly and carry a big stick” connotes a policy of beginning gently but holding a decisive weapon in reserve. Big Data doesn’t do that. When Big Data ‘speaks,’ it tends to blurt out its conclusion and can have an immediate impact, deserved or undeserved, because Big Data is not based on careful statistical sampling and is not aimed at determining causation. Big Data correlates masses of good, bad and indifferent data, ie, it can be ‘messy’ and its correlations are not necessarily accurate relative to a desired question. So what will happen when ‘the data’ indicates an outcome that people believe or act on because the ‘data says so?’ That is the topic of this blog. Read More

Patent Office Issues New Examination Guidelines for Subject Matter Eligibility

Dec 19 2014

On December 16, 2014, the United States Patent and Trademark Office published new guidelines for determining patent eligibility under 35 U.S.C. § 101. These guidelines do not have the force of law, but nevertheless establish the specific procedures that the Examiners apply during examination of patent applications. These guidelines are effective immediately, supersede previous guidelines regarding nature-based products, and supplement previous guidelines regarding abstract ideas. Based on Supreme Court decisions, the new guidelines set forth an analytical framework that is designed to “promote[] examination efficiency and consistency across all technologies” and is particularly relevant for patents directed to natural products, software, and business methods.

To read the full alert, click here.

IP Australia Rejects MH370 Trade Mark Application

Dec 18 2014

On 8 March 2014, Malaysian Airlines flight 370 disappeared. Five days later, Aoan International Pty Ltd (Aoan) filed an application to register MH370 as a trade mark in class 41 of the NICE classification of goods and services for various services.

IP Australia initially rejected the application under section 41 of the Trade Marks Act 1995 (Cth) (Act) on the basis that other traders should be entitled to refer to MH370 with respect to the services proposed to be offered by Aoan. IP Australia then reconsidered its decision and decided to reject the application under section 42(a) of the Act saying that the trade mark was scandalous on the basis that the trade mark would offend a section of the community. Read More

Australian Government Reveals Plan to Crackdown on Online Piracy – but not too Hard!

Dec 16 2014

The Australian Government announced last week that it will implement measures proposed by Attorney General, George Brandis, and the Australian Minister for Communications, Malcolm Turnbull, to reduce “high levels of online copyright infringement”.

The announcement is timely – given the owners of the film Dallas Buyers Club issue of proceedings in the Federal Court of Australia in November, against five internet service providers (ISPs) including iiNet, seeking orders to have the ISPs disclose the identities of alleged pirates. Read More