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Norms & Regulation

Norms & Regulation

Federal Circuit overturns 9.1 million dollar fee award in vitamin patent case

The U.S. Court of Appeals for the Federal Circuit reversed a district court order requiring ChromaDex to pay 9.1 million dollars in legal fees to rival Elysium Health. The decision settles an exceptional-case dispute over dietary supplement intellectual property licensed from Dartmouth College. Judges ruled that while ChromaDex lost on patent eligibility, its arguments were neither frivolous nor foreclosed by Supreme Court precedent.

Giovanni Sapere

Norms & Regulation

EU Digital Services Act: Major Platforms Fail Ad Transparency Rules

Digital platforms across the European Union are falling short of mandatory transparency obligations under the Digital Services Act. Independent legal research reveals that three quarters of evaluated services fail to provide country-level audience figures, while several have not delivered public ad repositories at all. The findings expose significant gaps between regulatory ambitions and current platform implementation.

Giovanni Sapere

Norms & Regulation

Federal Circuit Rejects Bartering Patent Application Under Section 101

The U.S. Court of Appeals for the Federal Circuit has affirmed the rejection of a patent application seeking to protect a computer-assisted bartering system. In a decision upholding findings by the Patent Trial and Appeal Board, the court held that swapping groceries for precious metals constitutes a fundamental economic practice that cannot be patented.

Giovanni Sapere

Norms & Regulation

France Proposes New Rules for 3D-Printed Spare Parts

France has recently notified the European Commission of a draft decree concerning spare parts generated through 3D printing technology. This initiative aims to navigate the complex landscape of intellectual property rights in modern manufacturing while fostering greater product longevity and sustainability.

Giovanni Sapere

Norms & Regulation

German Supreme Court Sets High Bar for Abstract Color Trademarks

The German Supreme Court has clarified the stringent requirements for securing trademark protection for abstract color marks based on acquired distinctiveness. This ruling emphasizes the difficulty for businesses to establish that a color alone functions as a source indicator rather than merely a decorative element, impacting intellectual property strategies for brand identity.

Letizia Giugliano

Norms & Regulation

Belgian Patent Litigation Navigates UPC Landscape

In European patent litigation, national courts, such as those in Belgium, maintain a crucial role in developing substantive and procedural law, even as the Unified Patent Court (UPC) gains prominence [The IPKat]. This ongoing evolution ensures that aspects of patent law, including claims interpretation, remain subjects of detailed legal scrutiny [The IPKat].

Giovanni Sapere

Norms & Regulation

Federal Circuit Clarifies Patent Enablement for Dose Inventions

The United States Court of Appeals for the Federal Circuit recently issued a decision in *Wyeth v AstraZeneca*, applying the enablement test to a dose invention. This ruling provides important clarification on the requirements for sufficiently describing an invention in patent claims, particularly for method of treatment claims, and contrasts with other recent decisions.

Giovanni Sapere

Norms & Regulation

Recent IP Legal Actions and Regulatory Discussions

In 2024, Nintendo of America commenced copyright infringement proceedings in the United States, highlighting ongoing enforcement efforts in the digital realm [source 2]. Concurrently, the World Trade Organization (WTO)'s dispute settlement system faces continued scrutiny, with an update provided by Seun Lari-Williams [source 3]. These developments occur as practitioners and academics prepare to discuss the future of European copyright law at an upcoming online conference in November 2026 [source 1].

Giovanni Sapere

Norms & Regulation

Olymp Loses EU Appeals for Color Combination Trademarks

German textile company Olymp has lost two appeals before the European Union's General Court concerning the registration of color combination marks. These decisions highlight the ongoing challenges for businesses seeking to protect brand elements through non-traditional intellectual property rights in the EU, particularly when relying on color alone for distinctiveness.

Letizia Giugliano

Norms & Regulation

German Supreme Court Raises Bar for Abstract Color Trademarks

The German Supreme Court has recently issued a significant ruling, making it more challenging to obtain trademark protection for abstract color marks based on acquired distinctiveness [The IPKat](http://www.blogger.com/feeds/5574479/posts/default/903164312701155405). This development underscores the evolving landscape of intellectual property law, a theme also explored in a new academic handbook on upcycling [The IPKat](http://www.blogger.com/feeds/5574479/posts/default/2308835532720489033).

Giovanni Sapere

Norms & Regulation

The IPKat Blog Refreshes Its Look at 23

The IPKat blog, a well-known online resource for intellectual property news and analysis, is celebrating its 23rd year with a significant refresh of its visual design and user interface. This update aims to enhance readability and navigation for its global readership, which includes patent attorneys, researchers, and inventors.

Letizia Giugliano

Norms & Regulation

European IP Developments: AI, 3D Printing, and Copyright Rulings

The European intellectual property landscape is seeing significant developments, with a recent German court ruling on copyright, a French draft decree addressing 3D-printed spare parts, and an upcoming transatlantic dialogue on artificial intelligence and copyright [The IPKat - Never Too Late](http://www.blogger.com/feeds/5574479/posts/default/8967767037009385522), [The IPKat - Friday Fantasies](http://www.blogger.com/feeds/5574479/posts/default/4910257983581926118), [The IPKat - 3D-printed spare parts: IP and sustainability](http://www.blogger.com/feeds/5574479/posts/default/7324440899926444539). These events reflect ongoing efforts to adapt legal frameworks to technological advancements and evolving creative practices.

Letizia Giugliano

Norms & Regulation

EPO Board Rules on Claim Ambiguity; Belgian Patent Litigation Reviewed

The European Patent Office (EPO) Board of Appeal recently addressed the issue of claim ambiguity in a case concerning an e-cigarette cartridge, impacting how "added subject-matter" is assessed. Concurrently, a review by the Stibbe IP team summarized significant Belgian patent litigation decisions from mid-2025 to mid-2026, covering topics like injunction liability and cross-border seizure orders.

Giovanni Sapere