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Establishing the Date of Public Accessibility of Online Prior Art in Patent Validity Challenges

Last Updated April 2024

Since it was established under the America Invents Act in 2012, the inter partes review (IPR) process has become a commonly used and effective avenue for challenging the validity of and invalidating an existing patent. Any third party can initiate an IPR and ask the Patent Trial and Appeal Board (PTAB) to review the patentability of one or more claims in a patent on the basis that the claims were obvious or not new because the "claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before" the claimed invention's effective filing date. (35 U.S.C § 102)

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6 Takeaways for US Patent Attorneys from the EU's recent ruling against Puma

Last Updated March 2024

In a decision on March 6, 2024 by the European Union General Court, Puma lost its Community design registration for the Creeper sneaker because images of the design were posted on Rihanna's Instagram over a year before Puma applied for registration, thereby invalidating the design due to prior public disclosure.

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Capturing Online Evidence Before It's Gone (Specht v. Google)

Last Updated March 2024

As legal teams address the myriad aspects of a case, it can be easy to overlook the importance of securely capturing and preserving digital content, such as websites, social media sites, and online videos. After all, the evidence is publicly available, and even if it gets removed, there are tools such as the Internet Archive (also known as the Wayback Machine) that can demonstrate what a site looked like in the past – right?

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Your Intellectual Property Rights: Enforcment with Web Evidence

Last Updated February 2024

As shoppers are increasingly gravitating online to scout out brands, products and services on marketplaces and social media, competitors and cybercriminals are increasingly taking advantage of opportunities to illegally profit from or tarnish other brands’ reputations online. Sales of knock-off products can result in lost profits and damaged reputations, and even though many online marketplaces and websites have procedures in place to take down infringing content and pages, these often involve mediation or delisting procedures that lead to underwhelming or unhelpful results.

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