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  • The Supreme Court has held that the designs in a cheerleading uniform satisfy the test for copyright protection in its Star Athletica v Varsity Brands ruling. Observers say the decision provides a standard test to be applied to the separability analysis
  • Tribunal in NAFTA arbitration between Eli Lilly and the Canadian government has found the application of the promise doctrine did not involve a fundamental change in the country’s patent law, in a keenly-anticipated decision
  • The Patent Trial and Appeal Board has now given rulings in all 33 petitions filed by Kyle Bass’s Coalition for Affordable Drugs. The final tally is that the coalition succeeded in getting claims invalidated in 27% of the total petitions filed and 50% of those that were instituted
  • The Supreme Court rejected wholesale the Federal Circuit’s stance that laches be an available defence in patent law, in its SCA Hygiene v First Quality ruling
  • The Federal Circuit maintains its high invalidity rate on Section 101 decisions so far this year but the district court rate has fallen, according to new figures from Fenwick & West’s Robert Sachs. One interesting recent trend is the PTAB has reversed all 16 ex parte appeals of Section 101 rejections since October
  • Links to a range of article on patent and trade mark developments in China are now available on our dedicated jurisdiction pages
  • On March 9, over 300 guests attended The Savoy in London to celebrate their achievements in IP. The Managing IP Global Awards Dinner recognised almost 90 firms from over 40 countries for non-contentious and contentious services in trade mark, copyright and patent law. Other awards were given to firms to watch and those with strengths in IP transaction
  • 85 awards, including for corporate social responsibility and in-house achievement, were presented at Managing IP’s 12th Global Awards dinner at The Savoy in London last week. The photos from the event have also been published
  • Managing IP’s regular review of the latest moves and appointments in the US includes hires by Goodwin, McDermott Will & Emery, Arent Fox, Dykema Cox Smith, Akin Gump, White & Case and Haynes and Boone.
  • A jury awarding Whirlpool $7.6m, the PTAB upholding Acorda patents in four Kyle Bass IPRs, the USPTO confirming Michelle Lee is still director and Anthony Scardino is acting deputy director, Waymo adding a patent claim to its dispute with Uber, Malibu Media filing its first copyright suits for three months, and the IP Commission Report updating IP theft losses were in the recent intellectual property news