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Articles for December 2021
In review and moving forward
Sterne, Kessler, Goldstein & Fox’s William H Milliken and Jamie Dohopolski review IP at the US Supreme Court and CAFC in 2021 and 2022
Gaining influence
The Gowling WLG team provide an overview of key 2021 IP cases and developments in China
Class actions, distress and delays
Slaughter andMay’s Richard Jeens and Alex Buchanan round up 2021’s UK dataclaims and litigation and look ahead to what we can expect next year
Happy people do great work
Shakespeare Martineau’s Kerry Russell looks at how an inclusive, supportive and flexible culture will help to attract the very best IP talent
EU Council's approach to Digital Services Act criticised
Hannah Gannagé-Stewart
Bridging the divide
Squire Patton Boggs’ Tamara Fraizer explains how IP lawyers can play their role in the pro bono tradition
A case of lipstick
JMW Solicitors’ Lucy Marlow examines the GeneralCourt’s Guerlain case, and what it means for shape marks for packaging
Powering up
Fish & Richardson PC’s Daniel Tishman, Ralph Phillips, and Hyun Jin (HJ) In explore the strategic IP considerations of batteries and energy storage solutions
Spin Master, Ltd v Choirock Contents Factory, Co Ltd
US Court of Appeals for the Federal Circuit - 12 October 2021
Making connections
Page White and Farrer’s Olaf Ungerer explores the different types of patent pools and how they might suit the IoT space
CareDx, Inc, et al v Eurofins Viracor, Inc
US District Court for the District ofDelaware - 28 September 2021
In bloom
CIOPORA’s Edgar Krieger highlights what plant breeders need to know about the Community Plant Variety Right term extension from 25 to 30 years
Life in the metaverse
ReedSmith’s Sophie Goossens looks at how thelegal concept of ‘ownership’ is being tested in the context of this emergingdigital world
Life in plastic
EPO report suggests that Europe compared to the US struggles to scale up innovative ideas through to commercial realisation
Will Meta kill off Facebook’s rebrand?
Wedlake Bell’s Charlotte Wilding outlines some of the unintendedconsequences that can come from an ill-conceived rebrand
A cautionary tale
ASA’s Brewdog ruling is a reminder that all that glitters is not always gold. Dave Holt and Georgia Carr review
Enter player two
OpSecSecurity’s Tiffanie Lane explains why thefashion and gaming industries are joining forces
Rise in trade secret cases
The employment sector has seen a spike in a pandemic-spurred employee movement while restrictive employee covenants fall out of favour in the US. Jason Mollick explores
Tech impact on IP rights
Balancing protection of and access to innovations can be tricky. Dinusha Mendis examines this in the context of 3D printing, NFTs and AI
Grand designs
The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (the act) received Royal Assent on 10 September 2021. The act introduced a number of significant changes as outlined below.
Tattoos and IP
FishmanStewart’s Barbara Mandell sheds light onthe occasions where IP could intersect with the age-old practice of body art
EPO's VICO in opposition welcomed by majority of users
Hannah Gannagé-Stewart
Consumer groups can bring suits against EU data breaches
Catherine White
Moderna loses bid to invalidate mRNA patents
Hannah Gannage-Stewart
UK IPO launches consultation on SEP framework
Hannah Gannage-Stewart
Paul Hastings hires ITC litigator in Washington
Paul Hastings has hired Pillsbury Winthrop Shaw Pittman litigatorKecia Reynoldsas a partner in the firm’s intellectual property (IP) practice in Washington, DC.
Publisher receives prison sentence and $100k fine
Hannah Gannage-Stewart
Taylor Swift to face 'shake it off' copyright trial
Hannah Gannage-Stewart
Abba sues ‘parasitic’ tribute act for trademark infringement
Hannah Gannage-Stewart
German motor insurer sued over telematics offer
Hannah Gannage-Stewart
M&S sues Aldi for festive gin design infringement
Hannah Gannage-Stewart
Apple in dispute with Ericsson over ‘strong arm’ tactics
Hannah Gannage-Stewart
Moderna withdraws patent application in NIH talks
Hannah Gannage-Stewart
EPO rules AI cannot be named as inventor
Hannah Gannage-Stewart