Around the IP Blogs

In the mood for a run? Well, let me take you for a run around the IP blog...

Patents

Dreaming about the day
that I can play golf again...

The antiviral drug, remdesivir, has emerged as the new standard of care for COVID-19 patients. Written Description looked at the innovation incentives for producing information about remdesivir and other COVID-19 treatments, including the FDA’s role in deciding whether, and under what conditions, a new drug can reach the market.

If you are missing the greens, here’s a small reminder. In the case of Agarwal v. Topgolf Int’l Agarwal accuses Topgolf of patent infringement of his patent  that, according to Agarwal, discloses an invention that “revolutionized the boring, slow sport of golf by infusing the golf driving range experience with technology.” PatentlyO highlighted the case for us.

On 13 May 2020 the Federal Circuit Affirms District Court Finding affirmed that Jodi A. Schwendimann was a patentee entitled to pursue infringement claims despite the patent assignment being improperly recorded at the time the infringement action was filed. IPWatchdog reported on the judgement.

Trade marks

Who will be the lucky one in the case of Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc.? Both parties use the word “Lucky” as part of their marks on jeans and other apparel. PatentlyO reported on case, which includes a petition before the U.S. Supreme Court which involves “defense preclusion”.

Goats on the roof at the Supreme Court! PatentlyO reported on Todd’s Banks efforts to save the dignity of goats. The respondent is Al Johnson’s Swedish Restaurant, a Door County Wisconsin mainstay, who’s registered trade dress “consists of goats on a roof of grass.”

Copyright

Who say the copycat can’t win?! In this case Lanard, who makes the “Lanard Chalk Pencil”, sued knock-off competitor, Ja-Ru Products, along with Lanard’s former distributor, Dolgencorp and former retailer Toys-R-Us. Lanard alleged that Ja-Ru copied their design and then Dolgencorp and TRU stopped buying from Lanard and started buying from Ja-Ru. PatentlyO reported on the case and its outcome.   

Other: Damages, Artificial Intelligence and Google

Harm suffered is not always economic in nature. Noneconomic harm, according Thomas F. Cotter, includes, among other things, pain and suffering, emotional harm and distress, and loss of reputation. In Cotter’s article, Damages for Noneconomic Harm in Intellectual Property Law, he discusses, inter alia, the overarching principles guiding damage awards for noneconomic harm. IP finance provided a brief overview of this article.

Artificial Intelligence is developing at a fast pace and is in the COVID-19 pandemic more important than ever. IPWatchdog reported on four artificial intelligence technologies that are poised to lead the global economy out of the pandemic-induced recession.

In an age of virtually unlimited internet competition, a dramatic shift toward digital advertising, and an unprecedented global economic and health crisis, Canadian media organizations face difficult challenges. That has led media groups to urge the federal government to “take on” Google and Facebook by requiring them to fund local media. Michael Geist discussed why “Taking On” Google and Facebook isn’t the cure for the media sector’s problems.