Around the IP Blogs

Welcome back to our look at what is going on around the IP Blogs.

Patents
The Kluwer Patent Blog reports on the record number of international patent applications via WIPO in 2018. The Patent Cooperation Treaty (PCT) passed the record-breaking quarter-million (253.000) filing mark in 2018, a 3.9% increase over 2017. In addition, Asia-based innovators filed more than half of all international patent applications via WIPO for the first time in 2018.

EPLaw has a trio of posts this week. Firstly, a look at the German Higher Regional Court Düsseldorf appeal decision in MERCK SHARP & DOHME V. RATIOPHARM ET AL. The court finally dismissed MSD’s request for a preliminary injunction based on their SPC for ezetimibe and simvastatin and thereby confirmed the result of the first instance decision of the Regional Court Düsseldorf of October 2018. Next up was a look at the Italian Court of Genoa’s decision on validity and infringement in ATK RACE V. FRITSCHI.Finally, there was a review of the Finnish Supreme Court’s decision about the prerequisites for measures for preserving evidence under the Finnish Act on Preserving Evidence in Industrial Property Rights and Copyright Matters (the “APE”) and the applicant’s right to access the evidence that has been preserved pursuant to the APE.

PATENTLYO has a number of blog posts this week. This begins with a look at the balance between eligibility and obviousness in the claimed “system for distributing real-estate related information” of U.S. Patent App. No. 13/294,044. Next up is a summary of the Patent Trial & Appeal Board finding against Arctic Cat where it was held that patent claims should be given priority as of their invention date rather than simply the priority filing date. This is a case were the patent claims appear valid under pre-AIA law, but would be invalidated if AIA prior art rules applied. This was followed by a look at the Federal Circuit hardening the line of Method-of-Treatment claims which cross into the realms of laws of nature.

Trade Marks
In addition to the patent posts above, PATENTLYO also delved into trade marks with a summary of the slightly strange case of the “TRUMP TV” trade mark filed in the UK and opposed by DRRM Operations LLC (owned by President Trump).

KAT TV will not be coming soon

The Kluwer Trademark Blog reports on the upcoming amendments to Canada’s Trademarks Act, finally confirmed to be in force on June 17, 2019. Simultaneously, Canada will accede to the Madrid Protocol, and foreign applicants will finally be able to designate Canada in international applications.

Written Description has a look at the review of scandalous and immoral marks recently published by SSRN. The review looked at whether allowing scandalous marks in the Brunetti case may open the floodgate on registrations.

IPlens reviews the recent case between Peppa Pig and Tobbia, where a registration for an apparently-similar Tapir was cancelled.