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SEP Battles in Europe, 2022: Fair, Reasonable and—Unlike the Whisky Wars—Not Over Yet

The past year has proven a difficult one for many. Russia’s invasion of Ukraine and the death of the UK’s longest reigning monarch are among the things for which the year will be remembered. But amid those dark days, one less known event shines like a tiny candle of hope: the end of the Whisky War. For 50 years, Canada and Denmark have been in dispute over the ownership of Hans Island: a battle in which the principal weapons have been strong drink and a sense of humor….. The standard essential patent (SEP) wars may feel like they have been going on for almost as long as the Whisky war. They are not as close to resolution, but 2022 has seen some progress.

Xsensus is Seeking a Patent Attorney

Xsensus is seeking a patent attorney for a full-time, permanent position in Alexandria, VA, or remote. In this role, you’ll be on the front lines working directly with clients to explore the intersections of IP and business, and you’ll be involved and working with our technologically and geographically diverse clients from day one.
Xsensus is a non-traditional law firm where the best and brightest in science and law join together to be a powerful legal presence – all while working in a relaxed, creative and stimulating environment. Our firm culture drives the day-to-day experience, and we believe work/life balance generates high-quality work and a higher quality of life. Xsensus is a place where you can be successful by being yourself and work with a diverse group of people who want to help you along the way. Join us and know that your contributions will directly influence the success of the firm and your hard work will always be recognized and appreciated. With transparent leadership, collaborative teamwork and technology-driven processes, the Xsensus team provides unparalleled services to a rapidly expanding client base. We have a global reach where relationships are the foundation to success for our clients and our firm.

Five Key Trademark, Design and Copyright Developments in Europe, 2022

Expect further developments in the passage of the designs package next year, as the details are debated in the European Parliament. Despite the extensive consultation already carried out, it is possible that changes will be made to the proposals before a final version is agreed. And the UK Supreme Court will hear the SkyKick case concerning bad faith. A judgment can be expected before the end of the year.

Claim Drafting Issues for Biotech, Chemical and Pharma Patent Applications, Part I: Claim Construction, Markush Groups, Dependent Claim Invalidation

The fields of patent prosecution and patent litigation are ever-evolving, and with every new court decision there are lessons for patent practitioners. While it is impossible to cover all of the various issues related to claim drafting for biotech, chemical and pharma patent applications, here, and in future blog posts, we will cover a range of claim drafting topics of interest.

The Top U.S. FRAND / RAND Licensing Developments of 2022: Policy Statements, Patent Pools and IEEE Changes

While 2022 was somewhat less eventful than 2021 in terms of significant developments in fair/reasonable and non-discriminatory (FRAND/RAND) licensing occurring in the United States, the past year still did not disappoint and underscores the continued and growing interest from government in the standards related patents space. In 2022, the most progress was made on matters and issues we wrote about last year: i.e. government policy developments, Continental v. Avanci, the IEEE’s standards-related Patent Policy, and Ericsson v. Apple / Apple v. Ericsson  (see here and here)

Trademarks in 2022: Recounting the Most High-Profile Trademark Developments of the Year

This year saw an increased focus on the extraterritorial application of the Lanham Act, setting up a showdown at the Supreme Court in 2023. The last year also saw cases pressing the intersection of the Lanham Act with the First Amendment and artistic expression—both in the physical world and in the metaverse—and some rulings that will help clarify the likelihood of confusion analysis in various circuits.
As 2022 comes to an end, we look forward to what 2023 has in store.

The IP News that Mattered Most in 2022, According to You

Here we are again at the end of a year—this one the first in several where courts and business proceeded mostly as usual and relatively free of shutdowns and delays due to the pandemic. We had surprising denials at the Supreme Court, expected rulings from the U.S. Court of Appeals for the Federal Circuit, a flurry of activity from the U.S. Patent and Trademark Office (USPTO) under newly appointed Director, Kathi Vidal, and some exciting precedents set in the rapidly evolving area of inventions and art created by artificial intelligence machines, among other developments. Below, some of our readers weigh in on what IP news mattered most to them in 2022—add your thoughts in the comments below!

This Week in Washington IP: How to Become an Administrative Patent Judge, A Debate on Cryptocurrency Regulation, and What is the Future of the U.S.-Japan Relationship

This week in Washington IP news, the USPTO is hosting an event on becoming an Administrative Patent Judge, and the Brookings Institute is hosting a debate on cryptocurrency regulation.

Five Patent Highlights from Europe in 2022

The long-awaited introduction of the Unitary Patent and UPC should provide much interest in 2023, with attention likely to focus on the early numbers of applications for unitary effect, as well as the number of European patents opted out and the volume and nature of cases brought before the Court. At the EPO, decisions are expected from the Enlarged Board of Appeal in Case G 2/21, which concerns plausibility and post-published evidence, and Cases G 1/22 and G 2/22, concerning entitlement to priority. Oral proceedings in G 2/21 were held on 24 November. And the UK Supreme Court should hear the DABUS case and deliver its judgment in 2023.

AI Year in Review: A Busy 2022 for AI and IP Promises Even More in 2023

In general, the adoption of artificial intelligence (AI) and machine learning technologies has the potential to impact society in many ways. These technologies can automate tasks and make them more efficient, which can lead to job displacement and other economic impacts. They can also be used to make decisions that affect people’s lives, such as in the criminal justice system or in hiring, which raises ethical concerns. Additionally, the development and use of AI and machine learning technologies can raise issues related to privacy and security. What could be a more fitting way to open a 2022 year-in-review article on AI and machine learning than by asking OpenAI’s newly beta-released ChatGPT tool to contribute? The above paragraph was generated using ChatGPT’s conversational, chat-based dialog input. The initial request of ChatGPT was the prompt: “Explain the social impacts of artificial intelligence and machine learning technologies over the past year.”

Barclay Damon is Seeking a Patent Paralegal

Barclay Damon LLP, a leading law firm of nearly 300 attorneys that operates from a strategic platform of offices located in the Northeastern United States and Toronto, is seeking a patent paralegal to support its Patents & Prosecution Practice Area. This is a full-time, permanent position in any of the following locations: Syracuse, NY, Rochester, NY, Buffalo, NY, Albany, NY, New York City, NY, Boston, MA, New Haven, CT, Washington D.C. A remote or hybrid working arrangement may be possible.

An IPWatchdog Events Year in Review: Looking Back on Our Program Highlights from 2022

The year 2022 brought a lot for IPWatchdog to be grateful for. It was the first year that IPWatchdog held “LIVE” programs in its brand new headquarters office, which opened in October in Ashburn, Virginia! We also hosted numerous webinars to bring in top minds from around the world, who discussed the gamut of IP law and practice topics. However, after COVID shutdowns and restrictions, we were especially excited to be able to open our doors and welcome in person conversation and networking with top thought leaders in the industry. As we look forward to what 2023 brings, let’s reflect on some memories from our in-person programs in 2022. We look forward to seeing you in 2023. Cheers to the New Year!

Other Barks & Bites for Friday, December 16: New USPTO Commissioner for Patents Named; COVID IP Waiver Extension Officially Delayed; and EUIPO-EU Commission Report Finds 31% Increase in Fakes Detained

This week in Other Barks & Bites: the United States Patent and Trademark Office names a new Commissioner for Patents and recognizes COVID-19 innovators; the World Trade Organization’s TRIPS Council officially recommends delaying a decision on extending the waiver of IP rights for COVID-19 innovations to therapeutics and diagnostics; a copyright case against Taylor Swift for her hit song “Shake It Off” is dropped; Apple wins a patent for satellite technology; and researchers in California achieve historical fusion energy.

USPTO Guidance Reduces PTAB Discretionary Denials, Signaling Potential Uptick of IPRs in 2023

The appointment of USPTO Director Kathi Vidal in April 2022 and her introduction of interim guidance in June 2022 has spurred changes at the Patent Trial and Appeal Board (PTAB) that may result in an increase in instituted inter partes reviews (IPRs) due to a dramatic decline in discretionary denials. Under the reign of former U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu, the number of discretionary denials of IPR petitions had steadily increased over the last five years, in part due to the application of the PTAB’s 2020 precedential decision in Apple Inc. v. Fintiv, Inc.

Aurora Consulting LLC is Seeking a Biotech Patent Agent

Aurora Consulting LLC is looking for a part-time Biotech Patent Agent to help with patent portfolio management, application drafting, prosecution, and strategy. This is a fully remote, part-time role with a flexible work week. The position is salaried for a guaranteed 30 hours per week and payable at an hourly rate for any hours above 30. Benefits include 401k with match and paid time off.