Posts Tagged: "Holiday posts"

On day one of the new year, we continue the IPWatchdog tradition of asking readers what they would like to see happen if their every IP wish could come true. Some commenters stuck with more realistic asks, such as for patent eligibility reform to move forward or that an extension of the waiver of IP rights under the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS) will be opposed. Others went out on a limb by pulling for a new central patent court based in Hawaii or that congress will get its act together, for instance. Of course, the most popular dream articulated below is once again that patent eligibility certainty will be restored, either by the courts or congress.

We are less than 24 hours out from 2024 and, after reflecting on what mattered in 2023 and other year-in-review recaps, it is now time once again to ponder what lies ahead. From exciting patent legislation to Supreme Court trademark and copyright cases that could have big implications, here is what the IPWatchdog community will be keeping on its radar in the new year. 

In Part I of this article, we recapped some of the most notable trade secret cases of the past year that dealt with issues such as proving secrecy and exercising reasonable efforts, as well as the publication of a key judicial resource for trade secret cases. Below, we continue with some of the top trade secret cases and subject matter the courts addressed in 2023.  

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. Courts ruled on issues ranging from First Amendment and parody considerations to the extraterritorial reach of U.S. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues. Below is a selection of a few of those significant cases from the previous year.

The complex rules of copyright and trademark law are designed so that creators of popular expressive works and companies marketing authentic branded products are properly protected. This Christmas, we’re looking at a series of rulings from U.S. federal courts on intellectual property (IP) issues involving holiday ornaments, public displays with light sculptures, as well as one of the most popular Christmas songs ever. These cases don’t simply show that a Santa Claus can be designed with non-generic copyrightable elements; they also show members of the U.S. federal judiciary working diligently to properly dispense justice on IP questions between the adverse parties arguing before them.

Another year of IP is behind us, and it is time to reflect on what mattered most—what decisions will affect practice for years to come and/or continue to play out in the courts as we move into 2024? Below are reflections on milestones from this past year—some positive, some negative, and some neutral–at least for now.

Copyright exits everywhere—from books on a library shelf to music playing on the radio, to the software running the electronic device on which you are reading this article. Copyright’s broad scope and extensive reach foster a varied and fascinating landscape of copyright cases. From cases involving the use of a celebrity photograph, animated dancing video game characters, to artificial intelligence (AI) infringement inquiries, the number and type of matters copyright touches is seemingly infinite. This provides an evergreen bounty of copyright cases to digest. The following highlights some of the top copyright decisions of 2023.

Throughout 2023, a number of legislative initiatives impacting intellectual property rights were introduced in the United States Congress or signed into law by the President. In some instances, these efforts are meant to try and re-balance the various, sometimes competing, interests of the public and the innovators. In other instances, the legislation is aimed at weaponizing the intellectual property right procurement process to reward some and punish others. Various pieces of legislation as well as Executive Directives directed at artificial intelligence also have been introduced at different levels. This piece, however, leaves those AI issues for others to address. Below is a summary of some of the key legislative efforts in 2023 touching on U.S. IP rights.

In 2023, the U.S. Copyright Office (USCO) addressed key challenges in copyright law, ranging from navigating the intricacies of AI-generated content to refining rules for the modern music industry, as well as proposing new exemptions as part of the ninth triennial rulemaking proceeding. These major developments underscore the Office’s dedication to keeping copyright law current in the face of rapid evolution, and offering a glimpse of what lies ahead.

Although the proceedings before federal district courts may not garner as much attention as those of the U.S. Court of appeals for the Federal Circuit or the Supreme Court, they can be an important proving ground for the decisions rendered by those courts. And 2023 was no exception to that rule. As discussed below, the Zogenix v. Apotex and Teva v. Eli Lilly decisions provide a glimpse into what litigants can expect in the aftermath of the GSK v. Teva and Amgen v. Sanofi decisions, respectively. These cases will have an especially significant impact on the life sciences industry, and watching how these decisions are applied by the district courts should be a priority for practitioners in this space.

In 2023, the U.S. Supreme Court decided four intellectual property cases. The cases touched all of the major fields of intellectual property—two cases interpreted the federal trademark act (Jack Daniel’s and Abitron), one case involved patent enablement (Amgen), and one case explicated the federal copyright statutes (Goldsmith). The decisions were split along party lines, with two cases finding in favor of intellectual property owners (Jack Daniel’s and Goldsmith) and two cases in favor of the accused infringers (Abitron and Amgen).

As 2023 draws to a close, here’s a gift of five golden Federal Circuit patent cases! These decisions issued by the U.S. Court of Appeals for the Federal Circuit (CAFC) significantly impact patent practitioners in several areas, including patent prosecution, litigation, and inter partes reviews (IPRs).

With another Thanksgiving holiday upon us in the United States, we once again asked the IP community to chime in with what they have been grateful for in the realm of IP for 2023. We received comments from more than two dozen practitioners who mentioned almost as many  unique topics for which they are thankful. From movement on AI and IP protection to pending patent eligibility and Patent Trial and Appeal Board legislation, to big trademark wins this year, read on to hear what IP stakeholders are saying thanks for this year.

Anyone who’s read “The Secret” knows that the way to manifest your dreams is to visualize them, and then put them out into the world, as if they are already reality—so we at IPWatchdog want to help facilitate this process once again with our IP Wishes roundup, where practitioners and other IP stakeholders throw all likelihood out the window and tell us what their craziest dreams for the perfect IP world are. Happy dreaming, and HAPPY NEW YEAR!!