Under instigating circumstances that appear similar to Robert Kearns’ famous battle against the Big Three automakers over the windshield wiper yet having a decidedly different outcome, the inventor of a side view mirror emergency light recently battled Ford Motor Company before the Federal Circuit after Ford appealed the District Court’s verdict finding the patent valid and awarding the plaintiff nearly $56 million.[1] Read the remainder of this entry »
International IP Archive
Patent Found Invalid for Anticipation in Light of Foreign Patent
By Robert H. Bejcek II | Filed in CAFC, Damages, International IP, IP Litigation, Patent, Patent Licensing, Patent Litigation, Patent Prosecution, Prosecution History“Trenched” Trademark
By Robert H. Bejcek II | Filed in Identification of Goods and Services, International IP, TrademarkA new Xbox 360 game titled Trenched was recently released through Microsoft’s online service, Xbox LIVE. However, on the day of release while U.S. members of Xbox LIVE were enjoying the new game, European members were left wondering where the promised release was. While no immediate answer was forthcoming, it has been revealed that a Portuguese board game designer owns a prior conflicting community trademark on the word “Trench” within the European Union.[1] Rui Alípio Monteiro registered the trademark in 2009 to be used in connection with “Computer games; programs for computer games.” and “Games; board games; game tables; TV console games.”
See the registration: Trenched Registration Certificate.
While trademarks in Europe can be obtained individually nation by nation, it is much more efficient to obtain a Read the remainder of this entry »
EPO Denies Patents for Essentially Biological Breeding Processes
By Robert H. Bejcek II | Filed in Enlarged Board of Appeals, EPC, EPO, International IP, Patent, Patent LitigationLast month, the European Patent Office (EPO) Enlarged Board of Appeals issued its ruling in what has been commonly referred to as the “broccoli”[i] and tomato”[ii] cases. These cases, issued in joint and identical opinions, revolve around the interpretation of European Patent Convention (EPC) Article 53(b), which states in part, “European patents shall not be granted in respect of: (b) plant or animal varieties or essentially biological processes for the production of plants or animals.”[iii] Read the remainder of this entry »
China; Outsourcing to the Wild Wild East
By Dominic A. Frisina JD, MA | Filed in International IP, PatentThis article discusses the various modes of IP protection available in China, identifies the risks typically encountered in outsourcing to Chinese contractors, and suggests how Chinese and international law can be used to protect your intellectual property in an outsourcing arrangement.
The ITC; An Alternative to Traditional Litigation
By Dominic A. Frisina JD, MA | Filed in International IP, IP and Business, IP Litigation, Patent, Patent LitigationIntellectual property litigation is a notoriously lengthly and costly process. It can take years for an infringement case to work its way through the court system, and litigation costs can easily run in the millions. In some situations, proceedings before the United States International Trade Commission (ITC) can be a valuable tool in resolving international trade disputes. The ITC is known for rendering decisions in months rather than years, potentially saving the injured party a fortune in legal costs.
