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US Supreme Court Confirms the Registrability of “.com” Trade Marks

US Supreme Court Confirms the Registrability of “.com” Trade Marks

by Alex Bajjon | Jul 1, 2020 | Trademarks, US & International

Background Booking.com applied to register a number of applications containing the term “booking.com”. Registration of these trade marks was initially refused by the USPTO for being generic for the services for which protection was sought (for example,...
Can an AI be an Inventor? The USPTO says NO

Can an AI be an Inventor? The USPTO says NO

by David Eyre | Jun 1, 2020 | Briefings, US & International

Earlier this year we reported that the European Patent Office (EPO) has stated that the requirements for being an inventor can only be fulfilled by a natural person. The United States Patent and Trademark Office (USPTO) has now considered the parallel subject matter...
CJEU Clarifies the “Specifically Identifiable” Test for an SPC to be Granted

CJEU Clarifies the “Specifically Identifiable” Test for an SPC to be Granted

by Alex Bajjon | May 1, 2020 | Briefings, US & International

Background This case is a preliminary ruling from the Courts of Justice of the European Union (CJEU) following a referral from the German Federal Patent Court regarding Supplementary Protection Certificates. In particular, the referral relates to Article 3(a) of EU...
Estoppel Issues for Genentech at the US Federal Circuit

Estoppel Issues for Genentech at the US Federal Circuit

by Alex Bajjon | Apr 1, 2020 | Briefings, US & International

Genentech owns US Patents 7,846,441 and 7,892,549 which both relate to treating cancers characterised by overexpression of the ErbB2 receptor (which includes breast cancers). The claims of these two patents relate to treating a human patient with a combination of an...
CAFC decision in Illumina, Inc. v. Ariosa Diagnostics, Inc., offers a glimmer of hope in diagnostic arena

CAFC decision in Illumina, Inc. v. Ariosa Diagnostics, Inc., offers a glimmer of hope in diagnostic arena

by Carolyn Haywood | Mar 1, 2020 | Briefings, US & International

Earlier this month, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued its judgement in Illumina, Inc. v. Ariosa Diagnostics, Inc. and if the judgement stands, it may offer diagnostic companies a new way of navigating 35 U.S.C. § 101 – by way of...
Can a Mechanical Engineering Invention be Obvious as Simply Applying a Law of Nature?

Can a Mechanical Engineering Invention be Obvious as Simply Applying a Law of Nature?

by David Eyre | Feb 1, 2020 | Briefings, US & International

The Invention The invention in this case relates to drive shafts in automobiles (U.S. Patent 7,774,911; “‘911 patent”). Vibration in drive shafts is a known problem and methods have been devised to address this. Such methods include using drive shaft...
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