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A lot can change in three years. Back in 2015, President Barack Obama and Chinese President Xi Jinping stood in the Rose Garden and announced to the world that they had reached an agreement to end state-sponsored cyberattacks to steal trade secrets.
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By Jonathan Moskin
The Ninth Circuit held in VIP Prods. LLC v. Jack Daniel’s Properties that VIP’s “Bad Spaniels” dog toy mimicking the appearance of a Jack Daniels whisky bottle was protected expression under the First Amendment. The Supreme Court granted cert in November 2022 to consider the principal question whether humorous use of another’s mark on a commercial product should be assessed under Rogers or the traditional multipart test of likelihood of confusion.
By Marianne Schaffner and Thierry Lautier
In Europe, the patent system is changing and will offer to companies a new patent protection and a new patent court. It should start in April 2023, with a sunrise period starting in January 2023.
By By Dan Ovanezian, Blake L. Holt, Azie Aziz and John Whetzel
Although your company may have an in-house IP attorney, your company may still need temporary help from an outside law firm to develop your company’s patent portfolio and to solve your company’s need for temporary help with minimal need for training and financial investment. If you do not have the budget to hire an in-house IP attorney, the solution is to try a secondment — an attorney from an outside law firm temporarily joins your in-house legal team as a “secondee” on a part-time or full-time basis.
By Jeff Ginsberg and Ryan J. Sheehan
Federal Circuit: Unpatentability Ruling In First IPR Estops Patentee In Second IPR of Related Patent
Federal Circuit: A Disclaimer Made In a Pending IPR Is Not Binding In That Proceeding, But Is Binding In a Subsequent One