Manual IP News and Unitary Patent News edited by Arnold & Siedsma
 
Unified Patent Court News edited by Bristows
 
Kluwer Copyright Cases edited by IViR
 
Kluwer Patent Cases edited by Brinkhof
 
IP Law Daily - Selected US Cases edited by CCH
 
Volume 2019 - Issue 14
July 2019
 
 
 

News

 
General Information (2)
 
 
EUIPO enhances eAppeal tool
 
The European Union Intellectual Property Office (EUIPO) has updated its eAppeal tool with enhanced features to make it more user-friendly.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
European Union Full text
 
 
 
 
 
France promulgates PACTE Act
 
In order to implement the Trademark Package of the European Union, France promulgated the Action Plan for the Growth and Transformation of Enterprises Act (PACTE Act) (No. 2019-486) on 23 May 2019.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
France Full text
 
 
 
 
 
Ratifications (1)
 
 
India accedes to Vienna Agreement
 
On 7 June 2019, the Government of the Republic of India acceded to the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (the Vienna Agreement) by depositing its instrument of accession with the Director General of the World Intellectual Property Organization, thus becoming the 34th contracting party to the Agreement.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
India, World Intellectual Property Organization (WIPO) Full text
 
 
 
 
 
Patents/Utility Models (7)
 
 
Argentina-U.S. PCT-PPH pilot begins
 
On 3 June 2019, the Argentinian National Institute of Industrial Property (INPI) and the United States Patent and Trademark Office (USPTO) launched a one-way Patent Cooperation Treaty-Patent Prosecution Highway (PCT-PPH) pilot programme.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Argentina, United States of America Full text
 
 
 
 
 
Austria to stop accepting PCT-SAFE filings soon
 
The Austrian Patent Office has notified the International Bureau (IB) of the World Intellectual Property Organization that it will stop accepting international PCT applications filed using the PCT-SAFE (Secure Applications Filed Electronically) from 1 August 2019.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Austria Full text
 
 
 
 
 
Ecuador to accept applications filed via ePCT-Filing System
 
The Ecuadorian Institute of Intellectual Property has notified the International Bureau of the World Intellectual Property Organization that it will start receiving and processing international applications in electronic form from 15 August 2019.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Ecuador Full text
 
 
 
 
 
Meeting on Milan as alternative if UPC has to leave London
 
Milan will send an official letter to the Italian government to confirm its candidacy to host a branch of the UPC central division, if this has to move from London due to the Brexit.

This is the outcome of a meeting between the governor of Lombardy, Attilio Fontana, the president of the Court of Appeal of Milan, Marina Tavassi, the mayor of Milan, Giuseppe Sala, and the Italian minister of foreign affairs Enzo Moavero Milanesi last week in Rome.

According to a report of the paolopoliti blog, Sala said that at the moment the government has not nominated any city because it isn’t clear what the Brexit means for the UPC. But “as a precautionary measure, we will write to the minister asking to accept the idea of ​​nominating Milan if the court leaves London.”
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 8 Jul 2019
 
European Union, Italy Full text
 
 
 
 
 
European Patent Office publishes Strategic Plan 2023
 
The European Patent Office has published the Strategic Plan 2023.

The Administrative Council of the EPO adopted the plan during the AC meeting late June in Munich. One of the five goals the EPO has set itself concerns European cooperation.

‘The unitary patent and Unified Patent Court will play a significant role in reducing the complexity and costs of the European patent system. Within the remit of its competences, the Office will promote and facilitate the uptake of the unitary patent and help to remove any impediments to it. However, despite the imminent introduction of the unitary patent and the success of the EPO's co-operation initiatives so far, the Office faces a number of demands and challenges that need to be met if the organisation is going to continue to deliver benefits for all users of the patent system.’
 
Author(s): Kluwer IP Reporter
 
Source: Unitary Patent NewsDate: 8 Jul 2019
 
European Union Full text
 
 
 
 
 
Ireland to accept applications filed via ePCT-Filing System
 
The Irish Patent Office has notified the International Bureau of the World Intellectual Property Organization that it will start receiving and processing international applications in electronic form from 9 September 2019.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Ireland Full text
 
 
 
 
 
PCT CS&E applications can be filed in Korean language at KIPO soon
 
From 28 June 2019, the Korean Intellectual Property Office (KIPO) will start accepting applications for collaborative search and examination under the Patent Cooperation Treaty (PCT CS&E) in Korean language.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
South Korea Full text
 
 
 
 
 
Trademarks (6)
 
 
China slashes trademark-related fees
 
With effect from 1 July 2019, the State Intellectual Property Office of the People’s Republic of China (SIPO) introduced a new fee schedule, reducing fees for certain trademark-related processes by almost 50 percent.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
China Full text
 
 
 
 
 
Croatia enables TMview’s visual search tool
 
On 22 June 2019, the State Intellectual Property Office of the Republic of Croatia activated TMview’s visual search facility, an online image search function that allows users to search for trademark images from the databases of all participating trademark offices.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Croatia Full text
 
 
 
 
 
Estonia launches Madrid e-filing service
 
The Estonia Patent Office has recently launched Madrid e-filing system for its national applicants who want to protect their marks abroad under the Madrid Protocol Concerning the International Registration of Marks, thus becoming the second Baltic State to offer this facility.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Estonia Full text
 
 
 
 
 
Germany publishes guidelines on new trademark law
 
On 17 May 2019, the German Patent and Trade Mark Office published guidelines regarding trademark application registration and examination under the new trademark law that came into effect on 14 January 2019.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Germany Full text
 
 
 
 
 
Lao PDR trademark data now available via TMview
 
The Department of Intellectual Property (DIP) of Lao People's Democratic Republic (Lao PDR) has recently made its trademark data available via TMview, an online search tool that allows users to access the databases of all participating trademark offices.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Laos Full text
 
 
 
 
 
Tajikistan revises trademark law
 
Earlier this year, the Republic of Tajikistan amended its trademark law regarding pending applications and marks that cannot be registered.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Tajikistan Full text
 
 
 
 
 
Industrial Models and Designs (2)
 
 
Cambodian registered designs data now on DesignView
 
The Cambodian Ministry of Industry and Handicraft (MIH) has recently integrated Cambodian registered designs data into the DesignView search tool, raising the number of intellectual property offices to join DesignView to 68.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Cambodia Full text
 
 
 
 
 
Lao PDR registered designs data now on DesignView
 
The Department of Intellectual Property (DIP) of Lao People's Democratic Republic (Lao PDR) has recently integrated its registered designs data into the DesignView search tool, raising the number of intellectual property offices to join DesignView to 69.
 
Author(s): Kluwer IP Reporter
 
Source: Manual IP NewsDate: 8 Jul 2019
 
Laos Full text
 
 
 
 

Cases

 
Patent (8)
 
 
Netherlands: Eli Lilly and Company vs. Fresenius Kabi Nederland B.V., District Court of The Hague, C/09/54 1424 / HA ZA 17-1097, 19 June 2019
 
The scope of a patent is to be interpreted according to Art. 69 EPC and the Protocol. If the literal text is limiting, the question is how the skilled person would understand this limitation. If the limiting wording is due to a technical consideration, the limitation may be considered differently from when the limitation can be deemed to be without a purpose. In principle, the consequences of a lack of clarity on the scope of the claim shall be for the patentee.

In the present case, it appeared from the prosecution file that the limitation had been introduced with a purpose, and the patentee had accepted the limiting examiner’s amendments. Taken together with the fact that the patentee could be considered a professional party with sufficient knowledge in the field of patents, this means that the scope of the claim was determined more by the literal interpretation of the claim than by the concept of the invention behind it.
 
Author(s): Bart van Wezenbeek, V.O. Patents & Trademarks
 
Source: Kluwer Patent CasesDate: 8 Jul 2019
 
Reporter for: Netherlands
 
Netherlands Full text Full text as PDF
 
 
 
 
 
Netherlands: HE Licenties B.V. vs VG Colours B.V., District Court of The Hague, C/09/519934 / HA ZA 16-1108C/09/489570 / KG ZA 15-756, 19 June 2019
 
A patent that is limited during the course of the proceedings (even after the pleadings) is held to have been so limited ab initio if the limitation is duly registered.

When a European patent is granted and validated, an existing national patent loses its effect only for the invention claimed in the European patent.

The evidence for prior public use needs to be judged according to Dutch principles for evidence before the Dutch courts, i.e. on the balance of probabilities, corrected for the availability of the means of proof for the parties. If the prior public use was performed by this party, proof up to the hilt needs to be provided.
 
Author(s): Bart van Wezenbeek, V.O. Patents & Trademarks
 
Source: Kluwer Patent CasesDate: 8 Jul 2019
 
Reporter for: Netherlands
 
Netherlands Full text Full text as PDF
 
 
 
 
 
Spain: Corning v Electroson, Court of Appeal of Barcelona, Ruling No. 13/2019, 04 February 2019
 
In the past few years, the Barcelona Courts with jurisdiction over patent matters (Commercial Courts nos. 1, 4 and 5) have acted in close coordination with one another, e.g. holding joint deliberations of the three judges. Now, in a case where one of those Courts refused to join two separate infringement actions pending before Courts nos. 4 and 5 on account of such coordination, the Barcelona Court of Appeal (Section 15) has ruled in favour of joining separate proceedings brought against two different defendants, yet based on the same patent. Furthermore, in cases where proceedings are not joined, the Court of Appeal is against the approach of staying one set of proceedings; rather, both should be processed simultaneously, while the Courts take precautions to avoid conflicting decisions.
 
Author(s): Adrian Crespo, Clifford Chance, Barcelona
 
Source: Kluwer Patent CasesDate: 8 Jul 2019
 
Reporter for: Spain
 
Spain Full text Full text as PDF
 
 
 
 
 
USA: UCB, Inc. v. Watson Laboratories Inc., United States Court of Appeals, Federal Circuit, No. 2018-1397, 24 June 2019
 
An adhesive in a generic drug manufacturer’s accused transdermal patch was substantially similar to the adhesives in the asserted claims, and the manufacturer did not dispute that its products met every other element of the claims.

Generic transdermal patches for administrating a drug to treat Parkinson’s diseases infringed UCB’s patent under the doctrine of equivalents, the U.S. Court of Appeals for the Federal Circuit held in affirming a district court’s ruling finding infringement and upholding the validity of the patent. However, the court invalidated the challenged claims of a related patent under the public use bar because the evidence showed that the relevant product had been used by at least one patient before the patent application was filed (UCB, Inc. v. Watson Laboratories Inc., June 24, 2019, Chen, R.).
 
Author(s): John W. Scanlan
 
Source: IP Law Daily - Selected US CasesDate: 8 Jul 2019
 
Reporter for: United States of America
 
United States of America Full text Full text as PDF
 
 
 
 
 
USA: Choon's Design LLC v. Idea Village Products Corp., United States Court of Appeals, Federal Circuit, No. 2018-1934, 24 June 2019
 
Because the accused product did not meet the asserted patent’s detachable pins limitation, it did not infringe, either literally or under the doctrine of equivalents.

The U.S. Court of Appeals for the Federal Circuit has affirmed a district court’s determination that a looped elastic band jewelry making device sold by IdeaVillage as a matter of law did not infringe a patent owned by Choon’s Design. Sufficient intrinsic evidence supported the district court’s construction of the patent’s claim as requiring pins bars that are detachable from their base and reconfigurable. Because IdeaVillage’s FunLoom product lacked reconfigurable pins, it did not infringe, either literally or by equivalents (Choon's Design, LLC v. Idea Village Products Corp., June 24, 2019, Stoll, K.).
 
Author(s): Cheryl Beise, CCH
 
Source: IP Law Daily - Selected US CasesDate: 8 Jul 2019
 
United States of America Full text Full text as PDF
 
 
 
 
 
USA: Cellspin Soft Inc. v. Fitbit Inc., United States Court of Appeals, Federal Circuit, No. 2018-1817, 25 June 2019
 
Factual disputes about whether patent claims are inventive may preclude dismissal at the pleadings stage under § 101.

The federal district court in Oakland misapplied Federal Circuit precedent in granting dismissal of more than a dozen patent infringement claims related to methods and systems for using a digital capture device or digital camera, paired a Bluetooth-enabled mobile device, to publish data on websites with minimal or no user intervention, according to the U.S. Court of Appeals for the Federal Circuit. The district court erred by not accepting the patent holder’s well-pleaded allegations as true with respect to whether its patents capture, transfer, and publish data in a way that is plausibly inventive. Accepting those allegations as true, the court declined to find that the asserted claims were ineligible for protection under Section 101 of the Patent Act as a matter of law. The court vacated the grant of the motions to dismiss and an attorney fee award, and remanded the issues for further proceedings consistent with this opinion (Cellspin Soft, Inc. v. Fitbit, Inc., June 25, 2019, O’Malley, .).
 
Author(s): Jody Coultas, CCH
 
Source: IP Law Daily - Selected US CasesDate: 8 Jul 2019
 
United States of America Full text Full text as PDF
 
 
 
 
 
USA: Elbit Systems Land and C41 Ltd. v. Hughes Network Systems LLC, United States Court of Appeals, Federal Circuit, No. 2018-1910, 25 June 2019
 
Substantial evidence supported jury’s infringement finding and $21 million damage award, but district court’s exceptional case finding was not ripe for review.

Substantial evidence presented at trial supported a Texas jury’s finding that Hughes Network Systems’ satellite broadband products infringed three claims of a patent directed to a two-way satellite communications system owned by Elbit Systems, the U.S. Court of Appeals for the Federal Circuit has held. The jury’s award of $21,075,750 in reasonable royalty damages also was grounded in substantial evidence. Elbit Systems’ damage expert properly relied on a contemporaneous settlement agreement between Hughes, as the owner of similar patented technology, and and another satellite broadband provider, while accounting for relevant differences. The court, however, dismissed Hughes Network’s appeal of the district court’s exceptional case finding for lack of appellate jurisdiction, because the district court had not yet ruled on the amount of the fee award (Elbit Systems Land and C41 Ltd. v. Hughes Network Systems, LLC, June 25, 2019, Taranto, R.).
 
Author(s): Cheryl Beise, CCH
 
Source: IP Law Daily - Selected US CasesDate: 8 Jul 2019
 
United States of America Full text Full text as PDF
 
 
 
 
 
USA: Parallel Networks Licensing LLC v. Microsoft Corp., United States Court of Appeals, Federal Circuit, No. 18-1120, 28 June 2019
 
The Federal Circuit upheld the dismissal of indirect patent infringement claims against Microsoft for the handling of dynamic web page content by the company’s web server software, and affirmed a jury’s finding of no direct infringement.

The U.S. Court of Appeals for the Federal Circuit has affirmed a district court’s rulings in favor of Microsoft on claims of patent infringement based on the handling of dynamic web page requests by the company’s Windows Server software. First, the district court did not err in excluding customer-use surveys from evidence because the surveys were not relevant to infringement. The lower court also correctly granted summary judgment of no indirect infringement because the patent owner did no more than show that Microsoft’s software was capable of infringement. Finally, the jury had sufficient evidence to support its determination that Microsoft did not infringe a key claim limitation—that of "intercepting" a webpage generation request (Parallel Networks Licensing, LLC v. Microsoft Corp., June 28, 2019, Hughes, T.).
 
Author(s): George Basharis
 
Source: IP Law Daily - Selected US CasesDate: 8 Jul 2019
 
Reporter for: United States of America
 
United States of America Full text Full text as PDF
 
 
 
 
 
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