Posts in Holiday Posts

What IP Stakeholders are Giving Thanks for in 2022

As we get ready to celebrate another Thanksgiving holiday in the United States, it’s time once again to reflect on the year so far and to look beyond the many challenges facing intellectual property (IP) owners to what there is to be thankful for. Whether it’s people—like Judge Paul Michel, Kathi Vidal, Senator Thom Tillis and Rep. Thomas Massie—or major developments—like the withdrawal of the latest Joint Policy Statement on SEPs and the introduction of legislation to reform patent eligibility law—the commenters below have found a lot of ways to give thanks.

What Scares You? A Few of the Most Frightening Developments in IP Law

Intellectual property (IP) law developments may not be high up on most people’s list of worst nightmares this Halloween, but for IP owners and lawyers, they can cause a fright. From patent eligibility to the economy, here are some thoughts on the scariest IP issues out there; add yours in the comments—if you dare.

World IP Day 2022 Emphasizes Youth Contributions to IP

It is once again World IP Day, on which the global intellectual property (IP) community celebrates IP and innovation, as well as the day that the Convention establishing the World Intellectual Property Organization (WIPO) came into force (April 26, 1970). World IP Day was first observed in 2000 in an effort by WIPO to raise awareness of the importance IP plays in fostering innovation and creativity. This year, WIPO has chosen to focus on the theme of “IP and Youth: Innovating for a Better Future,” spotlighting young entrepreneurs and innovators across the globe. There’s a youth video competition, a World IP Day Youth Gallery, and dozens of events taking place worldwide throughout the week.

mRNA IP and Competitive Landscape: 2021 in Review – Part II, Sanofi, Startups, Conclusions and Outlook

This article, originally published on 12/27/2021, was updated on 1/12/2022 and republished on 1/13/2022 to include information that was omitted in error, beginning after “Conclusions and Outlook”.

In Part I of this post, we provided an update on three lead pioneers in the mRNA IP space, Moderna, BioNTech and CureVac. In this post we profile Sanofi, Arcturus, eTheRNA and other mRNA companies and offer conclusions. Sanofi (NASDAQ: SNY), headquartered in Paris, FR, acquired mRNA pioneer Translate Bio in September 2021 for approximately $3.2 billion and mRNA startup Tidal Therapeutics in April 2021 for approximately $470 million. With its acquisition of Translate alone, Sanofi obtained an mRNA pipeline of nine candidates (two in the clinic), hundreds of patents, and undoubtedly valuable mRNA-based technical and regulatory know-how.

The Road Ahead: Predicting IP Developments to Watch in 2022

Once again, this year we asked a selection of IP stakeholders to weigh in on what important IP events they see unfolding in the year ahead. While crystal balls were not required, respondents were encouraged to take their best educated guesses about what the future holds for IP in 2022. From the Federal Trade Commission (FTC) to the Supreme Court to the International Trade Commission (ITC), there is a lot to keep on our radar. Here is what our contributors had to say.

Only in Your Dreams: Patent Stakeholders Share Their IP Wishes for the New Year

It’s New Year’s Day 2022, and as we do each year at this time, we asked our readers to weigh in on their “wildest dreams” for IP in the upcoming year (though I tend to agree with one commenter below who said, “I don’t dream about IP…if you do, seek immediate professional help.”) Responses this year ranged from the practical (that Kathi Vidal and Leonard Stark will be confirmed to their respective nominations) to the fantastical (the invention of a teleporting machine) – and we even got a poetry submission! Read on for more of our readers’ wildest IP dreams, and Happy New Year!

The Top 10 Patents of 2021: Improved Eye Contact in Video Calls, Targeted Ads Based on Conversation Samples, and Analyzing Toxicity in Social Media Content

With the close of another year upon us, IPWatchdog is returning to an annual feature with its Top 10 list of issued U.S. patents during 2021. While it’s impossible to produce a definitive list of the ten most important patents in terms of future commercialization, the following list reflects a series of innovations that either represent important advances in burgeoning areas of technology, or practical innovations that address many of the recurring problems that our world has been facing during the course of the COVID-19 pandemic. From reducing the awkward nature of Zoom calls, during which it’s impossible to maintain genuine eye contact, to vehicle technologies using Bayesian inference models to predict the lane change behavior of nearby drivers, these patents offer an expansive view of the exciting state of invention during this early stage of the 2020s.

The IP Developments that Mattered: Insiders Shed Light on the Headlines of 2021

The new year is just a few days away, and it is once again time to ponder the biggest moments and events in the world of intellectual property from the previous 12 months. As we do every year, we asked a panel of industry experts for their insights for our Biggest Moments in IP series, which is the longest running series on IPWatchdog.com. This year, while the role of IP and innovation in the COVID-19 pandemic continued to make the cut, other top picks included the Google v. Oracle Supreme Court copyright decision, the Biden Administration’s support for a waiver of IP rights under the Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS) for COVID-related technologies, and the administration’s draft language on a new policy statement relating to standard essential patents (SEPs). Here are what this year’s panel of experts identified as the biggest moments in IP for 2021.

Patent Trial and Appeal Board Year in Review: The Top Five PTAB Developments of 2021

Noteworthy 2021 developments at the Patent Trial and Appeal Board (PTAB) were primarily driven by oversight—via the United States Patent and Trademark Office (USPTO) Director, Supreme Court and Federal Circuit—rather than by new rules or policy of the agency. After the highly anticipated Arthrex decision fizzled at the Supreme Court, the most significant 2021 development may be former Director Iancu’s departure and legacy of decidedly pro-patent owner policies. That legacy is increasingly under attack. From the Biden administration’s nomination of a new director, to legislative proposals, to Congressional pushback on Section 314(a) discretionary denials of institution (especially as they relate to the Western District of Texas), to lawsuits challenging the practice as an Administrative Procedures Act violation, change is afoot. The coming year is sure to see recalibration of current PTAB practices.

Two Supreme Court IP Cases to Watch in 2022

As of today, the 2022 Supreme Court docket is light on intellectual property cases, with the Court having granted review of only one copyright case. However, one other major case lurks in the background on an issue—patent ineligibility—upon which the Supreme Court has already demonstrated its interest. These two cases are examined in greater detail below.

Top 2021 FRAND/RAND Licensing Developments in the United States: Part II

This is Part II of a two-part article discussing FRAND (fair, reasonable, and non-discriminatory) licensing developments taking place in the United States in 2021. Read Part I here. After a slow summer on the FRAND licensing front, the Court of Appeals for the Fifth Circuit’s ruling in the matter of HTC v. Ericsson came in the dog days of August. As we wrote about here, the August 31 ruling dealt with, amongst other things, an appeal challenging the district court’s instructions to the jury regarding whether or not the license terms offered by Ericsson were FRAND and, more specifically, with respect to the issue of apportionment. Beyond finding that the failure to give instructions on an undisputed issue did not impair HTC’s ability to present its claims, the majority found that HTC’s proposed instructions “were not ‘substantially correct’ statements of law”.

Christmas 2021: Iconic Patented Toys and Games Update – and Trademarks Too!

Its Christmas time again and IPWatchdog is back at it, compiling a list of iconic patented toys and games. This year, we have added some iconic trademarks to round out the list. This tradition was originally made popular in 2018, and updated in 2019, with a holiday feature by IPWatchdog Founder Gene Quinn: The Most Iconic (and Patented) Toys and Games of All Time. The original post included iconic toys such as “the Video Game Console, Barbie doll, Monopoly, Rubik’s Cube, Battleship, Super Soaker, Hoola Hoop, Slinky, Play-Doh, Easy Bake Oven, Game-Boy Frisbee, YoYo, Lego blocks, Transformers, Tricycles, Bicycles, Scooters, Tonka trucks, Rocking Horse, Twister, Simon, Magic 8 Ball, Erector Set, Etch A Sketch, Bunch-o-Balloons and Mr. Potato Head.” Here are a few more that have brought smiles to the faces of so many on Christmas Day over the years.

Trademark, Design and Copyright Landmarks in Europe During 2021

Last week, IPWatchdog selected five significant patent developments in Europe, examining what has happened this year and what can be expected in 2022. Here, we review five of the top trademark and copyright decisions and legislative changes across Europe and what’s coming up in the new year. One of the most significant trademark decisions of 2021 came in a case over Hasbro’s EUTM registration for MONOPOLY. The registration, for goods and services in classes 9, 16, 28 and 41, was declared invalid by the EUIPO Second Board of Appeal on the basis that Hasbro had acted in bad faith. On April 21, the EU General Court upheld that decision.

Key Developments that Shaped the USPTO in 2021

“Adjusting to the new normal” is a phrase that can be used to describe the United States’ and the world’s response to the events of 2021. Almost two years into the pandemic, it is clear that COVID-19 will be around for the near future, and we all have to adjust to it. The U.S. Patent and Trademark Office (USPTO) certainly has adjusted, and business as usual is in full effect. Here’s a recap of some of the most significant developments at the USPTO in 2021.

New IP Monetization Models Will Rely Less on Litigation in 2022

From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. IP business models will evolve, and risk and return calculations will become more reliable. In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. The neutering of software, e-commerce and algorithm patents are at least partly responsible but, amazingly, software-related patents represent almost two-thirds of U.S. grants for the first half of 2021.