Imagine That IP Law Blog

In the latest measure affecting global intellectual property protection, Russian Prime Minister Mikhail Mishustin announced a new law allowing “parallel imports.” This action will permit Russian importation of goods without the permission of the rightful trademark owners. The new law was enacted in response to sanctions placed on the Russian economy after recent events. It seeks to satisfy the demand for goods that arose after famous brands like Apple, Nike, McDonald's, Coca-Cola, and Pepsi temporarily suspended sales in the Russia. Practical application of the law could ... Read More ›

When you begin to study the law of trade secrets, you are advised that trade secret protection requires that the secret cannot be publicly disclosed, and this requirement is contrary to the patent protection system that requires the owner to publicly disclose the invention. This secrecy requirement appears unrealistic in a commercial environment. It is difficult to imagine how one can exploit the trade secret commercially without some disclosure to others engaged in the commercial activity associated with use of the trade secret. Those necessary disclosures could involve ... Read More ›

As the threat of cyberattacks looms in the wake of the U.S.’s response to Russia’s invasion of Ukraine, President Biden signed into law a $1.5 trillion spending package on March 11, 2022 that funds the federal government through the fall. The law includes the strongest cybersecurity legislation in recent history and adopts the Strengthening American Cybersecurity Act of 2022. Jen Easterly, director of the Cybersecurity and Infrastructure Security Agency (“CISA”), stated, “Put plainly, this legislation is a game changer.”

The law increases funding for CISA over 22 ... Read More ›

In recent years, the United States Patent and Trademark Office (USPTO) has taken strides to reduce, on average, the duration of time between the filing of a patent application and either abandonment or issuance (also referred to as “patent pendency”).

The USPTO has hired hundreds of new patent examiners to replenish manpower lost during the pandemic and indicates plans to increase examiner hires steadily through 2026. USPTO, Fiscal Year 2022: Congressional Justification, 37 (2021) Various changes in the assignment of applications to art units and pre-issuance processing ... Read More ›

Once only a tool for scientists, artificial intelligence (AI) is becoming an everyday tool, from voice assistants and targeted advertising to autonomous driving. It is used in a wide variety of applications from product recommendations to medical diagnosis. AI is now entering the legal field in many areas, such as in litigation forecasting, damages calculation, document review and document drafting.

As AI has progressed over time, it is now replicating more and more things that only humans had done before. This is now creating new legal issues. For example, if an AI invents ... Read More ›

If a startup company wants to become an established, successful business, the company needs to carefully manage all of its resources, both tangible and intangible, in the same manner as an established, successful business – focusing meticulously on maximizing the return on every expenditure. If the company is founded on proprietary technology, carefully planning an intellectual property (IP) strategy as part of the business plan is critical. A well-managed and organized IP portfolio is attractive to potential investors at all stages of a business’s development and can be ... Read More ›

“This writing business. Pencils and what-not. Over-rated, if you ask me. Nothing in it. Silly stuff.” Eeyore, from A.A. Milne’s 1926 classic, Winnie-the-Pooh. Well, Eeyore, for the last 95 years millions of readers felt otherwise, at least when the writing business came to their beloved Pooh, Piglet, Rabbit, Kanga, Roo and Owl. This year, however, marks a new beginning for these characters and their friend Christopher Robin, for the U.S. copyright on the original Winnie-the-Pooh book expired on the last day of 2021. That includes not only the story but the wonderful ... Read More ›

Pressure for development of more efficient battery chemistry in electric vehicle fleets is now greater than ever, prompting greater collaboration between major original equipment manufacturers (“OEMs”), such as Ford, Chrysler and GM, and battery component suppliers. Collaboration within the auto industry may often provide a measure of security against competitors.

But to all OEMS and well-funded startups, take fair warning! When such collaboration takes the form of licensing arrangements to jointly invent a new concept to a commercially satisfactory stage of ... Read More ›

Astrazeneca v. Mylan (Fed. Cir. 2021) 2021-1729

AstraZeneca AB and AstracZeneca Pharmacueticals LP (AstraZeneca) sued Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P. (Mylan) for infringement of every claim of each of U.S. Patent Nos. 7,759,328 (the ’328 Patent); 8,143,239 (the ’239 Patent); and 8,575,137 (the ’137 Patent). These patents are listed in the U.S. FDA “Orange Book” as the patents covering AztraZeneca’s Symbicort® pMDI and Symbicort® Turbohaler, and Mylan obtained an interest in an abbreviated new drug application (ANDA) seeking ... Read More ›

2021 has seen many different trends, with a large one being break ups, specifically, major companies splitting into multiple entities. Earlier this year, several fortune 500 companies, including General Electric (GE) and Toshiba announced that they would be splitting into multiple entities. But how do intellectual property (IP) rights play into these major spin offs?

Splitting companies and determining where the IP rights will go requires careful consideration of a variety of factors. While it may be clear where some IP goes, such as specific patents or trademarks, other IP may ... Read More ›