Laura Powell

Aug 27, 2024 | jdsupra.com | Laura Powell |Thomas Saunders |Daniel Volchok

Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in their applications any Indigenous Peoples and/or communities that provided traditional knowledge on which the applicant drew in creating the invention sought to be patented.1 The treaty was adopted at WIPO’s “Diplomatic Conference to Conclude an International Legal...

Jul 30, 2024 | jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber |Laura Powell

1.  BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) Hughes, J. The Court affirmed the District Court’s orders (1) requiring Ms. Lori LaPray, sole owner of Backertop Licensing LLC (“Backertop”), to appear in-person before the District Court for testimony regarding potential fraud on the court; and (2) the district court’s order of monetary sanctions for failing to appear.

May 22, 2024 | jdsupra.com | Arthur Coviello |Kim Do |Jennifer Graber |Laura Powell

1. ZIRCON CORP. v. ITC (2022-1649, 05/08/2024) (Lourie, Bryson, and Stark)Bryson, J. The Court affirmed the Commission’s determination regarding the domestic industry requirement for filing a patent suit. To satisfy the domestic industry requirement based on research and development activities under Section 337(a)(3)(C), the complainant must show that those activities pertain to products that are covered by the patent that is being asserted.

Nov 2, 2023 | jdsupra.com | Laura Powell |Thomas Saunders |Daniel Volchok

On October 24, 2023, the US Patent and Trademark Office (“USPTO”), which is a component of the Department of Commerce, published two notices in the Federal Register seeking input from Tribal Nations regarding intellectual property (“IP”) protection of “genetic resources, traditional knowledge and/or traditional cultural expressions.” The First Notice explains that the USPTO is seeking comments on negotiations in advance of a meeting regarding these topics to be held at a specialized agency...