In a November 6, 2024 opinion in Certain Computing Devices Utilizing Indexed Search Systems and Components Thereof, the U.S. International Trade Commission (“ITC”) held that statements, disclaimers, and positions taken during the prosecution of a later patent apply to the construction and interpretation of the same term in an earlier related patent. Using this standard,...… The post ITC Confirms that a Disclaimer from a Later Patent Applies to the Same Term in an Earlier Related Patent appeared first on Global IP & Technology Law Blog ..read more

Earlier this year, as we discussed here, here, and here, the United States Patent and Trademark Office (USPTO or Office) proposed a number of sweeping changes to the Office’s patent fees, including a very steep set of fees for filing terminal disclaimers, later continuation applications, and three or more requests for continued examination (RCEs). The...… The post US PATENT FEE INCREASES FOR 2025: Not (Nearly) as Bad as They Could Have Been appeared first on Global IP & Technology Law Blog ..read more

For the first time, the U.S. International Trade Commission (“ITC”) has set forth and applied its legal standard for a theft or conversion claim in a Section 337 of the Tariff Act of 1930 investigation. Section 337 gives the ITC broad powers to investigate and address unfair acts in the importation of articles into the...… The post Theft and Conversion as the Basis for a Violation of Section 337 appeared first on Global IP & Technology Law Blog ..read more

For 30 years many third-party agents who buy or sell goods in Great Britain on the behalf of another (their principal) as opposed to in the agent’s own name have qualified for protection under the Commercial Agents (Council Directive) Regulations 1993 [The Commercial Agents (Council Directive) Regulations 1993] (the Regulations). If the criteria for the...… The post SaaS Resellers: High Court rules on protection for SaaS resellers under Commercial Agents Regulations appeared first on Global IP & Technology Law Blog ..read more

Mandatory deference to an agency’s rulemaking may be gone, and numerous commentators fear that the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo will drastically alter the legal landscape surrounding agency decisions. But that does not mean that every agency or agency decision is in peril. We explore here the implications of the Loper...… The post The Sky Is Not Falling for the ITC in a Post-Loper World appeared first on Global IP & Technology Law Blog ..read more

In an eagerly anticipated judgment dated 27 September 2024 (case number 310 O 227/23) the Hamburg District Court dismissed the complaint by photographer Robert Kneschke asserting claims for copyright infringement against non-profit Large-scale Artificial Intelligence Open Network (LAION) based on the use of his photograph in a data set for training AI image generators. Mr....… The post Breaking News from Germany! Hamburg District Court breaks new ground with judgment on the use of copyrighted material as AI training data appeared first on Global IP & Technology Law Blog ..read more

When a patent application is allowed, the claims may not precisely cover everything that the applicant wants to protect. Rather than add new claims after a notice of allowance and prolong prosecution, applicants will commonly file one or more continuation applications to pursue different claims. The continuation has substantially the same specification and drawings as...… The post Dysfunctional Patent Families: The Federal Circuit Draws Two Different Conclusions on Whether a Later-Filed Patent Can Invalidate an Earlier-Filed One in the Same Family appeared first on Global IP & Technology L ..read more

Globally, governments are grappling with the emergence of artificial intelligence (“AI”). AI technologies introduce exciting new opportunities but also bring challenges for regulators and companies across all industries. In the Asia-Pacific (“APAC”) region, there is no exception. APAC governments are adapting to AI and finding ways to encourage and regulate AI development through existing intellectual...… The post Artificial Intelligence and Intellectual Property Legal Frameworks in the Asia-Pacific Region appeared first on Global IP & Technology Law Blog ..read more

As noted in Part I of this series, patent litigation can be a mechanism for parties to spar and evaluate patent rights, as well as each other, prior to making the business agreements that settle such disputes. Once a patent is asserted to be infringed with the filing of a lawsuit, the dispute can become...… The post Part III: You’ve Got Patents! Or Someone Else Does… Where Can You Find Resolution? appeared first on Global IP & Technology Law Blog ..read more

A few paralympic champions were disqualified in the past on the ground that the famous Olympic rings they had tattooed on their bodies could be seen during the competitions and this was forbidden by the rule set out by the International Paralympic Committee. The Olympic rings have been registered as trademarks in many countries and generate substantial revenue, and the rule...… The post What’s So Confusing? Olympic Rings Tattoos Now Allowed appeared first on Global IP & Technology Law Blog ..read more