Around the IP Blogs

Will this Oracle offer such entrancing arguments?

Welcome to this week's summary of posts and news from around the IP blogs - including, but not limited to, quite a few posts with a red, white and blue tinge!

Copyright

Lots of IP enthusiasts reported and commented on the latest developments as Oracle filed its opening brief at the Supreme Court in Google v Oracle, the long-running battle over copyright subsistence in software programs and fair use, including the IPWatchdog. PatentlyO has a helpful comparison of Google and Oracle's framing of the same issues.

Marques reports on a recent judgment of the Turkish Court of Appeal in a case concerning both trade mark and copyright law by way of cartoon cows. The Court decided that a stylised cow symbol on dairy products - though used for a long time - was not necessarily sufficiently distinctive to prevent a meat company's trade mark registration application for a cow symbol.

Patents

The US Court of Appeals for the Ninth Circuit held a hearing in FTC v Qualcomm on Thursday of last week, with FOSS Patents offering observations here and the IPWatchdog summarising the key issues prior to the hearing here. If you want to see it for yourself, Comparative Patent Remedies has a link to a video of the proceedings.

According to Juve Patent, Nokia was unsuccessful in the first verdict to be issued of ten connected lawsuits against Daimler. Mannheim Regional Court dismissed the suit, which concerned standard essential patents relating to connected cars. Foss Patents has also reported on Nokia's patent assertion efforts here and here.

In a change from IPKats to IPRats, Kluwer Patent Blog reports on a recent Danish Maritime and Commercial High Court decision which explained the strict criteria necessary to obtain a preliminary injunction with extraterritorial effect for alleged patent infringement (in this case, of a rat barrier for sewage systems).

Spicy IP has published a thorough summary of the Indian position regarding patents for computer-related inventions here, including a number of useful reference documents.

Gene Quinn, writing on the IPWatchdog, considers various factors such as patent trolls and innovation incentives to argue that reform of patent remedies after nearly 15 years of the eBay v MercExchange-influenced approach should be a top Congressional priority.

If you enjoyed the IPKat's very own recent post about the right to repair in relation to embedded software and copyright, you may also be interested in PatentlyO's discussion of similar issues arising in respect of design patents.

Trade Marks

The TTABlog reports on the US Patent and Trademarks Office's Trademark Trial and Appeal Board's affirmation of a refusal to register marks which sought to create a non-consensual and false association with President Trump.