The practical impact of the Trunki case
Interview: IP Federation President Carol Arnold of
"Far-reaching impacts" of Federal Circuit ruling on ANDA
How to manage brand protection internally
The advantages of numeral word labelling
How Scotch Whisky protects its GI - report from the ITMA
Horacio Gutierrez takes Spotify role, and other US people
Samsung v Apple at the US Supreme Court – the issues
Venue Act introduced in US Senate to change patent venue
Sequenom petitions Supreme Court
Pharmaceutical company Sequenom
has filed a petition for cert to the Supreme Court, asking
for review of a controversial Federal Circuit decision last
The appeal court
disappointed many patent practitioners in Ariosa v
Sequenom, in which it held Sequenom’s diagnostic
method claims invalid under Section 101..
"With no relief from Congress on the horizon, this filing
puts at least the near-term future of diagnostic method
patents at the mercy of the Supreme Court," noted Foley &
Lardner’s Courtenay Brinckerhoff
on the PharmaPatents blog. "Will the Court agree that
its § 101 jurisprudence has been taken too far, or
will it decide that diagnostic methods really cannot be
The brief presents the following question:
Whether a novel method is patent-eligible where: (1) a
researcher is the first to discover a natural phenomenon; (2)
that unique knowledge motivates him to apply a new
combination of known techniques to that discovery; and (3) he
thereby achieves a previously impossible result without
preempting other uses of the discovery?
Sequenom argues that the Federal Circuit’s
opinion "has dangerously
In its brief it argues that cert should be granted because
of the support it has (12 amicus briefs have been filed in
support), the threat the decision poses to the predictability
of the US patent system, and the effect it has in placing the
US out of line internationally on the issue of patent
DOJ files Cuozzo brief
In other Supreme Court IP news, the US Department of
Justice last week filed its brief in Cuozzo v Lee,
reports the Patents Post-Grant blog.
The government argues that the broadest reasonable
interpretation is applicable in inter partes review
proceedings at the PTAB. The DOH also argued that IPRs
include many mechanisms that differ from a lower evidentiary
Israel joins Marrakesh
WIPO last week received
Israel’s instrument of accession to the
Marrakesh Treaty from the country’s justice
minister Ayelet Shaked.
It becomes the 16th
country to the join the treaty, the full name of which is the
Marrakesh Treaty to Facilitate Access to Published Works for
Persons Who Are Blind, Visually Impaired or Otherwise Print
The treaty needs 20 ratifications to come into force.
This may take some time, however.
Germany’s Julia Reda, the Pirate
sole representative in the European
Parliament, earlier this month published
a blog post outlining why some EU governments including
Germany and the UK are dragging their feet over the Marrakesh
Treaty, which was finalised in June 2013.
Don’t mention the IP
Former Monty Python member John Cleese this week said he
may sue an Australian theatre company for a "shameless
rip-off" of the 1970s sitcom Fawlty Towers, which he created
with Connie Booth, reports
Cleese said the Faulty Towers Dining Experience had not
sought permission to use its title, themes or characters.
The Australian show has been running since the early 1990s,
and has been staged in Sydney, London and elsewhere. Reports
claim the show makes $1.4 million a year.
However, its production company Imagination Workshop told
the BBC it makes "nothing like" those revenues.
"We are not an unauthorised rip-off show – anyone
who knows the law in this area will understand that we do not
require authorisation to use the concept of Fawlty Towers,"
the company told the BBC.
Koh stays Apple case
Following the Supreme
taking on Samsung’s appeal of its
design patent dispute with Apple last week, Judge Lucy Koh
has stayed a case between the two companies.
The retrial was due to start on March 28 in the Central
District of California,
The new case was to hear damages questions remaining from
the 2012 trial.
"The question of the proper measure of damages from these
design patents is central to the 2016 damages retrial, as
design patent damages make up the bulk of
Apple’s damages claims, wrote Koh.
McCartney moves to reclaim
Beatles publishing rights
Sir Paul McCartney is trying to reclaim the publishing
rights to The Beatles’ back catalogue in the
McCartney has filed a termination notice for 32 songs with
the US Copyright Office. The US Copyright Act gives writers
the chance to reclaim rights after 56 years, meaning the
Beatles songs begin to become available in 2018. .
Many of the 32 songs were released in 1962, 1963 and 1964,
although 15 of them date from 1969 and 1970, such as Come
Together and Why Don’t We Do It In the
Under a deal cut early in The Beatles’ career
John Lennon and McCartney were given a 15% share of the
publishing company formed for the band, with George
Harrison and Ringo Starr reportedly receiving 0.8%.