The landscape of intellectual property (IP) law continues to evolve rapidly, with significant developments shaping the rights, obligations, and strategies for businesses. Below is a summary of recent events impacting IP law, including updates from the U.S. Patent Trial and Appeal Board (PTAB), legislative actions, and notable court rulings.
Bites: Major Decisions and Updates
PTAB Clarifies Requirements for IPR Petitions
The PTAB issued a memo on July 31, clarifying that applicants must now identify the legal and factual basis for institution of inter partes reviews (IPRs) without relying on admitted prior art (AAPA), expert testimony, or other evidence not qualifying as prior art consisting of patents or printed publications. This change aligns with recent Federal Circuit decisions restricting the use of general knowledge to supply missing claim limitations. Petitioners are now required to independently establish grounds for institution by September 1.
IP Defender: A Proactive Approach to Trademark Monitoring
In a rapidly evolving IP landscape, businesses must adopt proactive measures to safeguard their trademarks from infringement and conflicts. Enter IP Defender, a trademark monitoring service designed to help businesses protect their intellectual property by continuously scanning national trademark databases for potential issues. Unlike traditional IP management services, IP Defender focuses solely on trademark monitoring, offering a cost-effective solution for businesses of all sizes.
Senate Approves Bills to Boost Advanced Manufacturing and Space Research
On July 30, the U.S. Senate Committee on Commerce, Science, and Transportation approved two bills aimed at advancing domestic innovation. The Streamlining American Manufacturing Strategy Act (S. 2318) mandates alignment of the Manufacturing USA program’s strategic plan with updates to the National Strategy for Advanced Manufacturing. Similarly, the Space Exploration Research Act (S. 2356) increases funding for space-related research and development. These measures reflect a national focus on innovation and competitiveness in emerging industries.
Block BEARD Act Targets Foreign Piracy
The Block BEARD Act, introduced earlier this year, gained attention as a potential tool to combat foreign copyright infringement. While the legislative process remains ongoing, the act proposes strengthening enforcement mechanisms for U.S. copyright owners against global pirates and counterfeiters. This development is closely watched by industries reliant on intellectual property rights, such as entertainment, software, and pharmaceuticals.
Ninth Circuit Reinforces Trademark Protections in Vicky Vox Case
In a significant ruling for trademark law, the Ninth Circuit upheld a district court’s decision denying class-action certification in Vicky Vo v. Interscope Records. The case concerned whether the use of an artist’s likeness in promotional materials constituted a trademark violation under the Lanham Act. The court ruled that the likelihood of confusion test applies to derivative uses, emphasizing the importance of distinctiveness and strength of mark factors in trademark protection.
CAFC Rules on Patent Validity in LED Tube Lamp Case
The Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s denial of summary judgment in Jiaxing v. United States. The case addressed whether certain LED tube lamps were invalid under 35 U.S.C. § 102(a)(1) due to prior sale or public use. The CAFC ruled that the exclusion of critical evidence by the district court was improper, as there is no requirement for advance notice of document-authenticating witnesses in Section 102 cases.
USITC ALJ Grants Summary Determination in Gavrieli Ballet Flats Case
An administrative law judge at the U.S. International Trade Commission granted summary determination of a Section 337 violation in favor of Gavrieli Brand against several respondents accused of importing infringing women’s flats. This decision underscores the importance of enforcing intellectual property rights in international trade.
Conclusion
The past week saw significant developments across intellectual property law, with decisions impacting patent litigation, trademark protections, and copyright enforcement. Businesses must stay informed about these updates to navigate the evolving IP landscape effectively. As legislative and judicial actions continue, stakeholders will need to remain vigilant to ensure their rights are protected and interests are advanced.
By integrating IP Defender into your trademark strategy, you can take a proactive approach to monitoring and protecting your intellectual property by continuously scanning national trademark databases for potential issues. This cost-effective solution ensures your trademarks remain safe and secure, no matter where they are registered.