In patent disputes involving complex technologies, especially when the disputed patent was developed in an early stage of the technical field, research papers and similar publications are oftentimes relied on to make obviousness-based invalidity challenges. It is common for such research papers to include predictions or aspirations with regards to potential future developments in the field. These aspirational statements are routinely relied upon to support motivations to combine prior art and assertions that the direction…

Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337 (“Section 337”), gives the U.S. International Trade Commission (“ITC”) broad powers to investigate and address unfair acts and unfair competition in the importation of articles into the United States. Most Section 337 investigations address issues of infringement of statutory intellectual property such as patents, trademarks, and copyrights. Recently, however, Section 337 has increasingly been used to address other unfair acts such as misappropriation…

The ASA has issued a stark warning to advertisers: non-compliance with ASA rules on disclosures in advertising is rife and that is unacceptable. The regulator now plans to get tough with those in breach. We blog regularly on Advertising Standards Authority (ASA) scrutiny of advertising rules in the social media landscape. The ASA has now released a social media compliance report following its analysis of over 24,000 social media posts by over 100 UK-based influencers.…

Patent protection in Europe is regulated by a complex system. In addition to the “classic” national patents, there is a transition to a new Unitary Patent system, which has been in planning for almost a decade now and is expected to finally enter into force in Spring 2022. It will consist of the European Unitary Patent and a E(UPC). The Unitary Patent grants EU-wide protection through a single registration and allows for EU-wide injunctions. During…

The U.S. International Trade Commission (“ITC”) recently terminated CERTAIN MOTORIZED SELF-BALANCING VEHICLES, Investigation No. 337-TA-1000, brought by Razor USA LLC against alleged infringers of a patent related to electric hoverboards, denying Razor any relief. In doing so, the ITC confirmed that an original patent is surrendered when a Reissue Patent issues, even if a pending Continuation Application from the Reissue Application includes the claims of the original patent. The ITC instituted Investigation No. 337-TA-1000 in…

One of the most common responses to being sued for patent infringement is a petition to the USPTO’s Patent Trial and Appeal Board (PTAB) challenging the validity of the patent. To avoid duplication of effort, either the Board or the tribunal can defer to the other. According to a recent decision, the U.S. International Trade Commission (ITC) will not defer to the PTAB in such situations. In Certain Automated Storage and Retrieval Systems, Robots, and…