http://ipkitten.blogspot.com/2021/05/around-ip-blogs_23.html
To kick off the weekend, let’s take a walk around the blogs…
| Ready for this walk… |
Patents
A key mechanism in patent litigation and specifically for generics is the concept of “launch at risk”. Kluwer Patent Blog reported on Sweden’s position on launch at risk with regards to new case law.
The U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Free Stream Media Corp. v. Alphonso Inc. in which the appellate court reversed-in-part a ruling from the Northern District of California that had denied Alphonso’s motion to dismiss the case. In overturning the district court, the Federal Circuit panel found that patent claims covering a system of presenting targeted advertising to mobile phone users based on data gathered from the user’s television were directed to an unpatentable abstract idea under 35 U.S.C. § 101. IPWatchdogreported on the Court’s decision.
Can the Board of Appeal disregard third-party observations that were only filed during the appeal proceedings? DeltaPatentsanswered this question.
IPWatchdog reported that the U.S. Court of Appeals for the Federal Circuit affirmed the decision of the Patent Trial and Appeal Board (PTAB/ Board) in an inter partes review, holding the PTAB properly construed the claim language in the case of Apple Inc. v. Uniloc 2017 LLC.
SpicyIP analysed an interim order which was recently issued by the Delhi High Court, discussing the right to be forgotten and directing Google to remove a judgement on the petitioner’s acquittal from their search results and Indian Kanoon to block the judgment from being accessed by search engines.
Trade marks
In the midst of a pre-existing play for control over “by Chloe,” the swiftly-growing vegan restaurant chain that she co-founded in 2015, Chloe Coscarelli has filed a trademark infringement lawsuit against private-equity firm Bain Capital LP and a number of the other big-name investors in furtherance of what Coscarelli calls a case about “a circle of greed.” The Fashion Law reported on the lawsuit.
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