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Reining in The Western District of Texas? Recent Developments Affecting That Court’s Status As A Patent Infringement Filing Hotbed

In a unanimous February 1, 2023 Order, a Federal Circuit panel granted Google LLC’s petition for a writ of mandamus directing the U.S. District Court for the Western District of Texas to vacate its order denying transfer of patent infringement claims to the Northern District of California. As discussed here, this precedential decision signals the … Continue Reading

Greenwashing: A new UK Regulator Investigation and Further Guidance for Businesses

The authors wish to thank Eben Kurtz for his contributions to this post. In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“CMA”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“FMCG”). At the end of … Continue Reading

Ninth Circuit: Commercial Brand Names Can Be Expressive Speech

In Punchbowl, Inc. v. AJ Press, LLC, the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a … Continue Reading

ITC Denies Competing Motions for Sanctions For Failure to Comply with the Rules

The U.S. International Trade Commission (“ITC”) continues to be a popular venue for patent litigation under Section 337 of the Tariff Act of 1930. The speed at which Section 337 investigations proceed and the significance of an adverse decision can create circumstances that may lead to allegations of improper conduct. Similar to patent litigation in … Continue Reading

What Gives You the Right to Be in This IPR? A Question OpenSky Should Have Answered

On October 4, 2022, in a 52-page Director review decision in an inter partes review (IPR) proceeding involving recently-formed entity OpenSky Industries LLC, USPTO Director Katherine Vidal sanctioned OpenSky “to the fullest extent of [her] power” because of OpenSky’s abuse of the IPR process, including flaunting of the Director’s discovery orders. The Director applied negative … Continue Reading

China: Design Patents and the Metaverse

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. Since then, giant companies all over the world ― especially in the IT, entertainment and fashion businesses ― have begun to launch products and solutions related to the ever developing Metaverse. Fashion brands, artists and entertainers, among others, … Continue Reading

China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. The smaller brewery was filling legitimately recycled Tsingtao bottles with their own beer. The recycled bottles did not bear the Tsingtao labels and marks, which … Continue Reading

Messi Scores Goal in Trade Mark Dispute: Registering Celebrity Names as Trade Marks

The Court of Justice of the European Union (“CJEU”) has ruled that, after a decade-long legal battle, football ace Lionel Messi has the right to register his name as a trade mark. This interesting case confirms that celebrity names are registrable as trade marks. However, whilst there are some advantages to seeking such protection, there … Continue Reading

Squire Patton Boggs Celebrates World IP Day

Today is World IP Day, a day established by the World Intellectual Property Organization (WIPO) to “learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity.” The theme for 2020 is “Innovation for a Green Future,” and WIPO’s website and magazine contemplate how various IP regimes matter for addressing climate … Continue Reading

Further Changes for Patent Validity Challenges at the PTAB May Favor Patentees

The America Invents Act’s creation of patent challenge proceedings to be conducted by the USPTO’s Patent Trial and Appeals Board (PTAB) provided a powerful tool for challenging patent validity outside of costly litigation proceedings. But recent events are changing the strategic advantage that such proceedings may hold for patent challengers.… Continue Reading

Comparative Advertising: A Quick Guide

What is a comparative advertisement? The EU Misleading and Comparative Advertising Directive 2006 (the “Directive”) defines a comparative advertisement as an ad that explicitly or by implication identifies a competitor or goods or services offered by a competitor. It seems like an intuitive concept, but there are a whole host of legal requirements, which advertisers … Continue Reading

USITC Finalizes Amendments To Procedural Rules Governing Section 337 Investigations

The U.S. International Trade Commission (ITC) has published in the Federal Register final revisions to its rules of practice and procedure governing Section 337 investigations, the investigations that the ITC conducts under 19 U.S.C. § 1337 based on private party complaints against imported articles that allegedly violate U.S. intellectual property rights.  This completes a process … Continue Reading

USITC Issues Two More Decisions On Requests For Early Disposition

Activity continues apace in the ITC’s pilot program for early disposition, with two more decisions issued in the past few weeks.  On January 19, the ITC issued a notice instituting an investigation in Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing Same, Inv. No. 337-TA-1097 that also designated the investigation for early … Continue Reading

Autonomous Vehicle Technology: Future Patent War Battleground?

Please join Squire Patton Boggs for the next session in our Autonomous Driving Series. The automotive industry is the third largest research and development (R&D) spender in the US, with car and truck manufacturers and component makers being the traditional sources of such investments. As the importance of electronic and battery technology to the automotive … Continue Reading

Product liability in Hong Kong

Squire Patton Boggs is pleased to contribute to the 14th edition of Product Liability 2016. This International Comparative Legal Guide (ICLG) offers a practical cross-border insight into product liability work which covers common issues in laws and regulations across 25 jurisdictions. In their chapter, David Goh and Bindu Janardhanan, two senior lawyers with significant expertise in … Continue Reading
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