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IP News to Peruse

Time Waits for No Man … or CAT

8th October 2020

In Tigercat International Inc v Caterpillar Inc 2020 NZIPOTM 18 the Assistant Commissioner denied Caterpillar’s request to halt a second proceeding involving an identical mark covering the same and some additional class 7 goods primarily due to the potential relevance of their different filing dates and the consequent absence of issue estoppel.

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Discussion Paper Released for Patents Accessibility Review

1st October 2020

The Australian Government’s Department of Industry, Science, Energy and Resources has commissioned a Patents Accessibility Review with a view to ensuring that the standard patent system is as accessible as possible to Australia’s Small and Medium Sized Enterprises (SMEs).

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New Entrant Evades Opposition by Turning Up the Heat

30th September 2020

The recent Assistant Commissioner’s decision Waiwera LLC v Savernake Holdings Ltd [2020] NZIPOTM 16 involved actions against some of each side’s applications or registrations, with Savernake being successful in both respects despite being yet to trade.

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Problem Found with Problem-Solution Approach to Claim Interpretation

30th September 2020

In the recent Canadian Federal Court decision Choueifaty v Canada (Attorney General) 2020 FC 837 the Judge rejected the problem-solution approach to claim construction, finding that that interpretive framework can restrict the purposive construction of the claims.

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USPTO Guidance Memo Clarifies Possible Use of Patent Specification in IPR

29th September 2020

The USPTO Director-General has issued a guidance memorandum to standardise how the Patent Trial and Appeal Board (PTAB) will treat applicant admitted prior art (AAPA) in Inter Parties Review (IPR) proceedings.

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