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A Test for the 'test' of Distinctiveness - The Saga Continues...
A primary consideration prior to registering a mark for or on behalf of a client is whether it is “distinctive” as opposed to merely “descriptive”. In recent times, examiners in...Read more
Sarah Hinchliffe
Barrister and Solicitor (HCA, Vic), The College of William and Mary, USA
Here We Go Again: Has the European Court of Justice revived the cross-border patent injunction?
After a brief period of inactivity, the European Court of Justice has revisited the subject of pan-European cross-border injunctions. In Solvay SA v. Honeywell Fluorine Products Europe BV and Others,...Read more
Paul Coletti
Associate Patent Counsel, Johnson & Johnson, USA
Brand Clearance from an In-house Perspective
With shifting trends in business strategies based upon the current state of the economy and the expanded use of the internet, many companies are rethinking their brand strategies and are...Read more
Kathryn Belleau
Consultant, Kgb Consulting, Llc, USA
Canadian Risky Business: Why Fair and Predictable Patentable Utility is Critical to Investments and Innovation
Investment in innovation and procurement of patent protection within any jurisdiction is justified by reliance upon fair and predictable patent protection. For new investment within any particular jurisdiction, innovators expect...Read more
Arvie Anderson
Assistant General Patent Counsel, Eli Lilly and Company, USA
Why the 2011 America Invents Act is Bad for Entrepreneurs, Bad for Startups, and Bad for America-and How to Fix It
Now that the Leahy-Smith America Invents Act of 2011 (AIA) is law and is beginning to phase into effect, the patent community has begun to focus and understand what has...Read more
David Boundy
CEO, Cambridge Technology Law LLC, USA
R&D Based Pharmaceutical Companies Vs. Generic Companies: A False Dichotomy?
As recently as a decade ago, there was a clear line separating R&D-based pharmaceutical companies and generic companies; on one side were innovator pharmaceutical companies focused on developing innovative new...Read more
Sharon Reiche
Corporate Counsel, Intellectual Property Policy, Pfizer Inc, USA
Footnote 61: Abrogating MyMail, Misjoinder in Patent Cases Revived
One provision of the Leahy-Smith America Invents Act of 2011 (the “America Invents Act”) that has been less noticed is a litigation procedure reform: Section 299 Joinder of Parties. This...Read more
Tim Wilson
Senior IP Counsel, SAS Institute Inc., USA
Attorney-Client Privilege: Application of the Community of Interest Doctrine Exception to Third Party Communications for Licensor-Licensee and Similar Relationships
Attorney-client privilege is usually waived if privileged information is disclosed to a third party. Corporations and universities face complicated privilege issues because of a need to sometimes share privileged information...Read more
Rodney Sparks
Senior Biotechnology Patent Counsel, University of Virginia Licensing & Ventures Group, USA
Open Innovation Collaborations: Practical Guidance for In-House Patent Attorneys
Professor Henry Chesbrough first coined the term “Open Innovation” in 2003, describing Open Innovation (OI) as “a paradigm that assumes that firms can and should use external ideas as well...Read more
Matt Goodwin
General Counsel, Intellectual Property, Unilever, UK
Rimma Mitelman
Associate General Counsel, Lead IP Technology Agreements, Unilever, USA
Intellectual Property Audit for Information Technology Service Companies
The exploitation and evaluation of Intellectual Property (IP) in the knowledge economy is one of the greatest challenges facing IT service businesses today. It takes more than just to generate...Read more
Pinaki Ghosh
Head - IP Cell, Infosys Technologies Limited, India