Intellectual Property Consulting

Christian Louboutin’s China case shows that design rights rely on active enforcement, not just registration. Louboutin filed its lipstick design patent in China in 2014. Shortly after, visually identical "superfake" lipsticks appeared on the market, sold through Taobao (a Chinese e-commerce site) and WeChat (a very powerful all-in-one app). In response, Louboutin initiated design patent infringement proceedings before the Guangzhou I.P. Court to protect its lipstick packaging. In this case, the court in 2016 found that the products copied Louboutin’s packaging design and ordered the infringing items to stop production and sales immediately. Designers and brands: design rights create value when actively enforced. Register your designs early, monitor the market, and act when infringement appears. Your packaging is valuable IP, not merely decoration, so protect it.

Copyright lovers – And yes, copyrights and other IP rights are infringed. How do you calculate damages in the EU? I held a digital seminar at the EUIPO for judges from EU member states. Here are my main takeaways:   ·        In the EU, the calculation of IP damages is harmonized by Art. 13 Enforcement Directive 2004/48. That said, harmonization seems to be quite far away.   ·        You have three ways to calculate damages: Lost profits, infringers profit or adequate license fee (royalty). In copyright for moral rights infringement, you can also calculate immaterial damages.   ·        Lost profits: you need to show that the IP infringement decreased your profits. This is difficult. In Germany, this method is rarely ever used.   ·        Infringers profit: This is more popular. It means: Turnover minus directly attributable costs. No overhead costs have to be deducted. Problem: If only parts of the product are infringing, it must be determined what share of the profit obtained was due to the IP infringement.   ·        Adequate license fee: This is likely the most common method of calculating damages in Germany. The conclusion of a license agreement on reasonable terms is simulated. There are three ways to calculate:   (1) Own licensing practice by the rightholder. This is my favorite if you are litigating for the rightholder. You may go beyond the usual market price. If an own licensing practice does not exist or cannot be proven:   (2) The usual market price. If does not exist or cannot be proven:   (3) Case-by-case assessment and court estimation, taking into account license fees from other comparable markets.   ·        If you want to read how the German Federal supreme Court (BGH) calculates, here are 2 good examples:   BGH of 18.6.2020 – I ZR 93/19 – Nachlizenzierung (copyright) https://lnkd.in/dPfTYvYW   BGH of 16.12.2021 – I ZR 201/20 – Öko-Test III (trademarks) https://lnkd.in/dxgBfbEs A big thank you to Plamen Ivanov and Filippo Colangelo Roccanova from the EUIPO - European Union Intellectual Property Office for inviting me to this very interesting seminar and to the judges from allover the EU for the interesting discussion.

Why some patents look strong on paper but are unenforceable in practice I see this issue from time to time when reviewing medical device portfolios. The problem is often claim type. The claims read well, the technology is gaining traction in the marketplace, and the patent issued. But when determining who would actually infringe the patent, the answer is not straightforward. Many medical device patents lean heavily on method claims because they are easier to draft around clinical workflows and sometimes easier to get allowed. That creates two enforcement problems. First, divided infringement. If no single party performs every step of the method, enforcement becomes difficult. In medical devices, steps are often split between the device, the surgeon, and hospital staff. Second, enforcement targets. Method claims are typically practiced by surgeons or hospitals, not the manufacturer. Even when inducement theories are available, most companies do not want their enforcement strategy to involve healthcare providers. This is why some patents that look strong on paper lose leverage in the real world. Device claims tell a different story. If a manufacturer makes and sells a device with the claimed structure, infringement analysis is usually more direct. These claims can be harder and more expensive to prosecute, but they often provide clearer enforcement paths against competitor manufacturers. The strongest medical device portfolios rarely choose one or the other. Instead, they combine: Device claims that read directly on the hardware being sold; and Method claims that capture clinically meaningful workflows and support licensing strategy. Claim strategy is not about what is easiest to get allowed. It is about who you may need to enforce against three to five years down the road. #PatentEnforcement #IPStrategy #MedTech #LifeSciences #StartupIP

𝗣𝗮𝘁𝗲𝗻𝘁 𝗶𝗻𝗳𝗿𝗶𝗻𝗴𝗲𝗺𝗲𝗻𝘁 𝗱𝗮𝘁𝗮 𝗰𝗮𝗻 𝗳𝘂𝗲𝗹 𝗰𝗼𝗻𝘁𝗶𝗻𝘂𝗮𝘁𝗶𝗼𝗻 𝗽𝗮𝘁𝗲𝗻𝘁 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 𝘁𝗮𝗶𝗹𝗼𝗿𝗲𝗱 𝘁𝗼 𝗶𝗻𝗳𝗿𝗶𝗻𝗴𝗲𝗿𝘀, 𝗺𝗮𝘅𝗶𝗺𝗶𝘇𝗶𝗻𝗴 𝘃𝗮𝗹𝘂𝗲 𝗳𝗼𝗿 𝘆𝗼𝘂𝗿 𝗽𝗮𝘁𝗲𝗻𝘁 𝗽𝗼𝗿𝘁𝗳𝗼𝗹𝗶𝗼. 𝗖𝗼𝗻𝘁𝗶𝗻𝘂𝗮𝘁𝗶𝗼𝗻 𝗽𝗮𝘁𝗲𝗻𝘁 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 allow patent owners to refine and expand their patent claims based on an existing application. Filed before the original application is granted, they preserve the same priority date while enabling new claims that target different aspects of the same invention. 𝗧𝗵𝗲 𝗥𝗼𝗹𝗲 𝗼𝗳 𝗜𝗻𝗳𝗿𝗶𝗻𝗴𝗲𝗺𝗲𝗻𝘁 𝗠𝗼𝗻𝗶𝘁𝗼𝗿𝗶𝗻𝗴 𝗶𝗻 𝗖𝗼𝗻𝘁𝗶𝗻𝘂𝗮𝘁𝗶𝗼𝗻 𝗣𝗮𝘁𝗲𝗻𝘁 𝗦𝘁𝗿𝗮𝘁𝗲𝗴𝘆 Early patent infringement monitoring can uncover evidence of infringement by competitors. Patent owners can then use that evidence to draft infringement-focused claims in continuation patent applications. The resulting patents are targeted directly at infringers, and therefore have a higher likelihood of success in litigation, and are more effective at driving a successful negotiation for a patent license or sale that generates revenue for the patent owner. Different infringers can be targeted in the same way using different claims in the same continuation patent or in separate continuation patents. 𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗦𝘁𝗲𝗽𝘀 𝗳𝗼𝗿 𝗟𝗲𝘃𝗲𝗿𝗮𝗴𝗶𝗻𝗴 𝗜𝗻𝗳𝗿𝗶𝗻𝗴𝗲𝗺𝗲𝗻𝘁 𝗗𝗮𝘁𝗮 1. 𝗠𝗼𝗻𝗶𝘁𝗼𝗿 𝗖𝗼𝗻𝘁𝗶𝗻𝘂𝗼𝘂𝘀𝗹𝘆 Invest in robust infringement monitoring tools to identify infringers early in their product lifecycle. Regular market analysis ensures you stay ahead of competitors. 2. 𝗔𝘀𝘀𝗲𝘀𝘀 𝗮𝗻𝗱 𝗗𝗿𝗮𝗳𝘁 𝗖𝗼𝗻𝘁𝗶𝗻𝘂𝗮𝘁𝗶𝗼𝗻𝘀 𝗦𝘁𝗿𝗮𝘁𝗲𝗴𝗶𝗰𝗮𝗹𝗹𝘆 Use the data from monitoring to draft continuation claims that align with specific infringing products or methods. A precise focus enhances enforceability and value. 3. 𝗖𝗼𝗹𝗹𝗮𝗯𝗼𝗿𝗮𝘁𝗲 𝘄𝗶𝘁𝗵 𝗣𝗮𝘁𝗲𝗻𝘁 𝗖𝗼𝘂𝗻𝘀𝗲𝗹 Work closely with experienced patent counsel to ensure that continuation applications are strategically aligned and legally robust. A skilled attorney can craft claims that effectively cover infringers without being overly narrow or broad. 𝗖𝗼𝗻𝗰𝗹𝘂𝘀𝗶𝗼𝗻: 𝗛𝗮𝗿𝗻𝗲𝘀𝘀 𝘁𝗵𝗲 𝗛𝗶𝗱𝗱𝗲𝗻 𝗣𝗼𝘄𝗲𝗿 𝗼𝗳 𝗖𝗼𝗻𝘁𝗶𝗻𝘂𝗮𝘁𝗶𝗼𝗻 𝗣𝗮𝘁𝗲𝗻𝘁𝘀 Continuation patents enable patent owners to target infringers and increase patent portfolio value. When coupled with proactive infringement monitoring, they become even more powerful, enabling patent owners to craft claims that maximize enforceability and return on investment. Feel free to reach out to me to discuss opportunities for using continuation applications fueled by infringement data to boost the enforceability and value of your patent portfolio. #ip #patents

Landmark SEP Ruling from China: FRAND Obligations Breached, Injunctions Issued Against HMD In a significant development for the global IP community, the Fuzhou Intermediate People’s Court has issued first-instance judgments in two standard-essential patent (SEP) infringement cases brought by VoiceAge EVS LLC against HMD Global Oy (maker of Nokia phones). The court found HMD infringed two VoiceAge SEPs related to 3GPP Enhanced Voice Services (EVS) and granted injunctions covering 67 Nokia phone models. Notably, the court ruled that HMD failed to fulfill its FRAND obligations during licensing negotiations, leading to a deadlock. As a result, it issued conditional injunctions: unless a license is concluded within two months of the judgment taking effect, HMD will be barred from manufacturing and selling the affected models in China. If HMD appeals to the Supreme People’s Court before July 28, 2025, the injunctions will be stayed. This ruling follows a broader international dispute between VoiceAge and HMD since 2019, with VoiceAge securing injunctions and favorable rulings in several jurisdictions, including Germany and Brazil. Takeaway for IP Professionals: This decision reflects how Chinese courts are enforcing FRAND principles with increased rigor, emphasizing their role not only as neutral arbiters of SEP disputes but also as facilitators of efficient licensing resolutions. It’s a clear message: China is committed to upholding a fair, transparent, and balanced tech licensing ecosystem. #SEP #FRAND #Injunction #VoiceAge #HMD #China IP #Patent Law #Intellectual Property #Licensing #Tech Law

✨ For a long time, protecting your IP could only be meaningfully done by playing defense—filing, chasing, notifying, enforcing. But today? Technology is tipping the balance in favor of creators. IP protection and monetization are becoming "design decisions." Baked into the content or embedded in the product. Moving toward enforcement through code, not courtrooms. One example area is attribution: The right to be credited has always mattered—but now, it’s getting serious technical enablement: 🖼️ Content Credentials (Adobe / C2PA) Coalition for Content Provenance and Authenticity (C2PA) Verifiable metadata embedded into the file—creator, edit history, and more. 🔗 Blockchain-Verified Licensing / Legal Terms (MINTangible). IP3 Digital Declare and attach usage rights and restrictions directly to your work - machine-readable (e.g., digital confirmations and compliance). 🤖 On Chain IP Protocols with Attribution + Royalties KOR Protocol / Story Leveraging smart contracts to automatically structure IP assets with downstream attribution. 💧 Watermarking & Fingerprinting (Digimarc, Imatag) Digimarc Tech that sticks with your work, even when copied, cropped, or reposted. 🚫 AI Training Opt-Outs (Spawning.ai) Spawning Let creators decide how (or if) their content trains AI systems. This is more than enforcement—it’s enablement. 📣 What tools or strategies are you seeing that help creators protect their rights and unlock value at the source? #DigitalIP #IPDesign #IP3Digital

🇺🇸From my vantage point as an IP lawyer, one thing is crystal clear: intellectual property protection is the key issue if we want to truly help U.S. brands compete and grow. American companies win because they create. They invest in new products, distinctive designs, quality, and customer trust. But today, the moment something works, it’s copied by overseas sellers and pushed online at scale. Designs get lifted, trademarks get imitated, listings and photos get duplicated — and knockoffs move through e-commerce channels faster than most brands can respond. What I see every day is how heavy that burden has become. Brands aren’t just innovating anymore — they’re forced to spend enormous time and money defending their innovation. Constant takedowns. Investigations. Platform escalation. Legal fees. And the cycle repeats because repeat infringers can reopen storefronts overnight. That’s why protecting IP has to be a central focus of U.S. policy. If we want to support American businesses, we need to make it easier, faster, and less expensive for them to enforce their rights online. That means: • stronger legal tools to stop repeat offenders, not just single listings • real seller verification and traceability across marketplaces • clearer, faster takedown pathways that don’t put all the work on brands • accountability for platforms and cross-border networks that enable counterfeit scale This isn’t about picking winners. It’s about protecting the system that makes American brands worth rooting for in the first place: creativity, ingenuity, and hard-earned trust. #IntellectualProperty #IPLaw #BrandProtection

The infringement of intellectual property (IP) rights is a growing epidemic on e-commerce platforms.  Protecting your brand is crucial for maintaining its integrity and avoiding losses from counterfeit products. These are my 5 strategies for safeguarding your brand effectively:  1. Register Your Intellectual Property: Ensure that your trademarks, patents, and copyrights are registered in relevant marketplaces. This step is vital for preventing issues from copycats and enables you to take legal action if needed. For instance, Amazon's trademark registration helps in swiftly removing counterfeit sellers, protecting your brand from infringement. 2. Utilize Marketplace Tools: Take advantage of tools provided by major e-commerce platforms to manage and protect your brand.  - Amazon Brand Registry: Offers advanced search and reporting tools to help identify and remove counterfeit listings, safeguarding your brand from unauthorized sellers.  - Walmart's Brand Portal: Provides a centralized system to manage your brand, report violations, and ensure your listings remain genuine and trustworthy.  - eBay's VeRO Program: Allows you to quickly remove listings that violate your brand’s rights, maintaining the integrity of your products on the platform. 3. Monitor the Marketplace: Continuously check for counterfeit listings through technology or manual efforts. There are tools available that scan marketplaces and identify potential infringements, enabling you to take action immediately. Regular monitoring is key to maintaining control over your brand. 4. Educate Your Customers: Inform your customers on how to identify authentic products through consistent branding. Use your product listings and pages to educate them about distinguishing real products from fakes. Clear, informative content helps customers make informed purchases and builds trust in your brand. 5. Enforce Your Rights Vigorously: Actively report and remove counterfeit listings using the legal tools provided by marketplaces and engage legal support if necessary to protect your brand. Ensuring that copycats know you take effective action against infringement can deter future violations and uphold your brand’s reputation. By implementing these strategies, you can effectively protect your brand on e-commerce platforms, ensuring long-term success. Have you ever experienced brand misuse or counterfeiting? How did you take action?

For years, patent owners relied on a simple PTAB rule: older patents were harder to challenge. If a patent was six years old or more, PTAB often treated that age as creating “settled expectations,” particularly where there was parallel district court litigation. That framework just shifted. My partners Juanita DeLoach, PhD, JD and Steven D. Shipe break this down well in their recent article on Home Depot v. H2 Intellect, now designated informative by the USPTO Director. Despite the patent being 12 years old, PTAB allowed the IPR to proceed because the patent had never been commercialized or enforced in the accused industry. What has changed: • Patent age alone is no longer enough • Settled expectations are evaluated industry by industry • Enforcement in one technology space may not protect another What patent owners should consider now: • Do not rely on age alone • Build an industry-specific commercialization and licensing record • Expect higher IPR risk when enforcement expands into new markets Clear, practical analysis from Juanita and Steven. #Patents #PTAB #IPStrategy #IPLitigation #InterPartesReview

Your IP clause might be enforceable, but still useless. Because legal ownership ≠ operational control. I’ve seen clients win the rights in court but still lose the real battle: - Codebase undocumented. - Design files never delivered. - Brand name already exploited, with consequences so severe that no damages could fix the market confusion. Solution 1: Protect against vendor lock-in Add an Operational Handover clause: - Source files, credentials, and assets in editable formats. - Triggered upon termination or breach. - Payment tied to usable delivery, not just a signature. Solution 2: Protect against public misuse of your brand No clause can help you if someone unrelated uses your trademark. But these can: - Trademark monitoring tools + alerts – Catch infringement early. - Platform IP registries – Amazon Brand Registry, Meta Rights Manager, Content ID. - Customs watch notices - Let border agents stop knockoffs. - Pre-litigation takedowns - DMCA, cease-and-desist. - Early, multi-class TM registration - do not wait. Because winning IP in court is not the same as defending your market. And once confusion spreads, you do not get a clean slate. — Hello, I’m Gvantsa, a partner at GBPLO. I specialize in providing thorough legal support to entrepreneurs facing diverse business challenges and building efficiency in legal ops.