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  EU Court Finds There’s No Accounting for Taste in Copyright Lawsuit By Liz Brodzinski The Grand Chamber of the Court of Justice of the European Union issued its ruling on the question of taste in the recent case of Levola Hengelo BV v. Smilde Foods BV, which was referred from Gerechtshof Arnhem-Leeuwarden, a Regional…

Anna King, who presented “Getting Your IP Into Shape” to the Chartered Institute of Trade Mark Attorneys in August in Bristol, England, is featured in the December 2018/January 2019 edition of CITMA Review. The article provides an overview of her insight into the challenges of, and strategies for, protecting trade dress in the United States.…

  Helsinn v. Teva at the Supreme Court: Did the America Invents Act Change the On-Sale Bar? By Sarah A. Kagan The U.S. Supreme Court entertained very lively oral arguments December 4, 2018, on the definition of prior art under the Leahy-Smith America Invents Act (AIA). Pub. L. No. 112-29, 125 Stat. 284, 285-286 (2011).…

Paul M. Rivard discusses the potential for Supreme Court justices to focus more on the text of the patent statute than its historical context during arguments in Helsinn Healthcare v. Teva Pharmaceuticals, and how that may influence their decision, in World Intellectual Property Review. Click here to read the article, “SCOTUS likely to reverse Helsinn v Teva ruling, say lawyers.”

Audra C. Eidem Heinze discusses the importance of patents to slot machine makers and which patents could face challenges in the Bloomberg article, “Slot-Machine Fight to Determine Which Companies Hit the Jackpot.” Click here to read the article.

  Allergan v. Teva Pharmaceuticals USA: Will the Recognized Commercial Success of Restasis® Demonstrate Non-Obviousness? By Sarah A. Kagan At the November 6, 2018, oral arguments at the U.S. Court of Appeals for the Federal Circuit, Allergan and the St. Regis Mohawk Tribe faced off against four generic drug makers[1] who had filed Abbreviated New…

Sarah A. Kagan discusses “Patent Wars: Genome Editing” and the latest developments in the CRISPR patent wars, U Cal v. Broad, in Episode 51 of the JurisDiction podcast. Ms. Kagan wrote an IP Alert article on the case in July. Click here to listen to the podcast.

  Blackbird Techs. v. Niantic, Inc. By Aseet Patel Video game developer Niantic recently experienced a setback in its defense of a patent infringement suit brought by Blackbird Technologies in the U.S. District Court for the District of Delaware. See Blackbird Techs. v. Niantic, Inc., C.A. No. 17-cv-1810 (Del. Oct. 31, 2018). Niantic is best…

  Highlights of Design Law 2018 By Richard S. Stockton and Sean J. Jungels Banner & Witcoff partnered with the George Washington University School of Law and Sterne, Kessler, Goldstein & Fox to produce the third Design Patent Symposium, “Design Law 2018.” Several Banner & Witcoff attorneys and staff spoke at and/or attended Design Law…