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  • In-house counsel say they’re ready to embrace post-grant reviews as a new wave of biologic patents filed after 2012 surges towards the industry
  • The US Supreme Court now has five IP cases on its docket, after agreeing to hear the USPTO’s appeal of the case involving the FUCT mark
  • New USPTO guidance makes two primary changes to how patent examiners apply the Section 101 test, while guidance for applying Section 112 to computer-implemented inventions was also announced
  • Managing IP will be hosting its annual awards in March and April 2019 in London, New York and Hong Kong. Now in their 14th year, the Managing IP Awards recognise the top IP practitioners, firms and in-house counsel from around the world.
  • The decrease in district court patent cases was proportionally smaller last year than the year before, suggesting the volume of new patent disputes is levelling out
  • Recent patent, trade mark and copyright news includes an Ed Sheeran case going to trial, Qualcomm posting bonds in its dispute with Apple in Germany, a Pooey Puitton purse, whether the Carlton dance is protected by copyright, and an Israel Supreme Court decision
  • Nirvana is suing Marc Jacobs for copyright and trade mark infringement for its use of a smiley face logo in its Bootleg Redux Grunge clothing collection, with observers saying the fashion brand will likely rely on First Amendment defences
  • Josh Pond, Lisa Pearson, Matthew Meyer and Ted Davis of Kilpatrick Townsend dissect the contentious trade mark and remedy issues that split the Federal Circuit in its decision overturning the US International Trade Commission’s sneaker ruling
  • The USPTO in 2017 began randomly auditing US trade mark registrations upon receipt of Declarations of Continuing Use. Andrea Anderson discusses how the programme works and provides tips for what to do if you are audited
  • Online marketplaces established by e-commerce portals claiming to be intermediaries have come under scrutiny from the Delhi High Court. The portals currently enjoy immunity under safe harbour provisions laid out in the Information Technology (IT) Act, 2000. This was examined by a single judge of the Delhi High Court in a series of cases brought by Christian Louboutin SAS, Luxottica Group SPA, Skullcandy Inc and L'Oreal. The Court looked at the practices followed by e-commerce portals in selecting and enrolling sellers on their platform. Further, it examined if such practices made them an active participant or an intermediary. The brand owners in each of the cases listed below questioned the role played by the e-commerce operator in the sale of counterfeit goods on its platform.