An Arizona federal judge denied Top Brand LLC’s motion for a new trial following an US$18.3 million jury award to Cozy Comfort Co. for infringement of two Cozy Comfort design patents and the “Comfy” trademarks used in connection with “The Comfy” hooded wearable blanket, which was featured on the television program “Shark Tank”.
Read MoreWIPO member states have adopted a new Treaty related to intellectual property, genetic resources and associated traditional knowledge, marking the 27th WIPO treaty, and the first in over a decade.
Read MoreOn 10 May 2024, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking aimed at changing the current practices surrounding terminal disclaimers. The proposed change could have substantial effects on the enforceability of patents that are subject to a terminal disclaimer.
Read MoreOn 2 May 2024, the US Court of Appeals for the Federal Circuit (the Federal Circuit) entered its decision in SnapRays, dba SnapPower v. Lighting Defense Group,1 holding the submission of an Amazon Patent Evaluation Express (APEX) Agreement against infringing third-party product listings is a “purposefully directed extra-judicial patent enforcement activit[y]” subjecting the patent owner to personal jurisdiction in the alleged infringer’s home state.2
Read MoreOn 11 April 2024, the United States Patent and Trademark Office (USPTO) published guidance (referred to herein as the Guidance) on the use of artificial intelligence (AI) based tools, including generative AI, in practice. The USPTO recognizes the benefits of AI and while practitioners are not presently required to disclose whether AI is used as a drafting tool there are a variety of duties that arise with its use. The Guidance outlines the current USPTO policies and illustrates how these rules interact with the use of AI tools. Below, we will highlight different uses of AI tools and provide an overview of potential risks the USPTO discusses in the Guidance.
Read MoreIn a recent update to a lengthy battle over car parking technology used by the City of Melbourne, SARB Management Group Pty Ltd (SARB) has scored a partial win over rival company Vehicle Monitoring Systems (VMS) on appeal in Full Court of the Federal Court of Australia.
Read MoreThe recent refusal of a patent application by PayPal Inc. at the Australian Patent Office sheds light on the challenges surrounding the patentability of AI and machine learning systems (PayPal Inc. [2023] APO 54). The rejected application, which proposed a system for generating more accurate recommendations using AI machine learning, faced scrutiny on the grounds that, while the combination of machine learning models was innovative, it did not offer a substantial technical contribution beyond standard computer usage.
Read MoreOn November 13 2023, the Mexican PTO (“IMPI”) released guidelines for the Accelerated Patent Grant (“APG”) Agreement. This is a patent work-sharing arrangement allowing qualifying USPTO patent holders the option of expediting prosecution for a corresponding Mexican patent application. The USPTO has been partners with Mexico through the Prosecution Highway (“PPH”) since 2010. PPHs are bilateral agreements among participating nations allowing qualifying patent applicants from one patent office to request expedited prosecution in a participating office. PPH programs have successfully reduced examination time and costs for clients by allowing examiners in later examining offices to utilize the search results from the earlier examiner. While the USPTO has a PPH partnership with IMPI, the APG Program is a new program giving USPTO applicants another opportunity to expedite a counterpart application in Mexico.
Read MoreAccording to the joint EPO-IEA report summarizing patent trends in the hydrogen economy (summarized here), technologies related to storage, distribution, and transportation of hydrogen are among the most critical challenges for large-scale deployment. Standardized infrastructure for hydrogen trade is essential to allow the market to function and flow.
Read MoreIn the field of intellectual property, the interplay between trade marks and patent claims is very rarely discussed, given the distinct scope of protection provided by each. In Australia and New Zealand, patent examiners tend to raise an immediate clarity objection when a trade mark finds its way into a claim. This concern arises from the fact that a trade mark is an identifier of origin, and products bearing them can undergo variations across jurisdictions and time frames. This makes the intended scope of the claim unclear in many situations. Consequently, Australian and New Zealand examiners commonly raise objections based on clarity when trade marks feature in patent claims during the examination process.
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