Welcome to this edition of MaxVal’s IP Five in 5 – where we cover the top five IP news stories in 5 minutes or less. This week’s edition includes Teva’s suit against Cipla, the EPO’s revocation of Nevro’s spinal therapy patent, the USPTO’s denial of OpenAI’s trademark for “GPT” and more.
Patent Spotlight
Teva’s Patent Lawsuit Targets Cipla Asthma Drug
Teva Pharmaceutical sued Cipla, claiming infringement of 12 asthma treatment patents, including 7 contested by the FTC for inflated drug prices; notably, a disputed patent (US Patent No. 10,561,808) is central in Cipla’s appeal against a 2023 ruling favoring Teva.
Source: Bloomberg Law
EPO Reverses Spinal Cord Therapy Patent; Medtronic, Boston Scientific Prevail
The European Patent Office revoked Nevro’s pain management system patent EP2207587 due to added subject matter, following challenges from Medtronic and Boston Scientific. The decision invalidated the patent for a system treating pain via spinal cord stimulation therapy, which both challengers argued contained amendments beyond the original application’s scope.
Source: Life Sciences Intellectual Property Review
Microsoft Prevails in Federal Circuit, Invalidates D3D Imaging Patents
Microsoft scored a victory as the Federal Circuit invalidated patents claimed to be infringed by the HoloLens, affirming prior rulings by the Patent Trial and Appeal Board, which found D3D Technologies’ patents covering 3D imaging methods invalid.
Source: Bloomberg Law
Trademark Spotlight
Patent Office Denies Trademark Registration for OpenAI’s GPT
The USPTO denied OpenAI’s trademark application for “GPT,” stating it’s too generic, potentially hindering competitors’ ability to describe similar technology. OpenAI argued the term’s uniqueness, but the PTO upheld its decision, viewing “GPT” as a broad software category, not specific to OpenAI.
Source: Business Today
Copyright Spotlight
US Supreme Court to Consider Warner Music Copyright Damages
U.S. Supreme Court justices hinted at dismissing a legal battle between a Miami music producer and Warner Music over a song, debating whether to address monetary damages before settling the time limit for filing copyright suits. Warner Chappell and Artist Publishing Group appealed a ruling holding defendants accountable for pre-statute of limitations actions in copyright infringement cases.
Source: U.S. News & World Report L.P.
