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Published: 2014-08-21T17:41:00.002+01:00

Whither WHOIS ?

Sally Cooper writes again .. Summer is a time for Summer Newsletters and, in the present case, the excellent Summer Newsletter of Com Laude is my inspiration. A new business will usually review “available company names” and “available Domain Names” before it reviews “available trade marks”. When considering litigation for a trade mark owner, it is often relevant to consider both the Domain Names ...
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Published: Thu, 21 Aug 2014 16:21:06 GMT

How to keep your food fresh on long road trips

There's nothing like a summer road trip to clear your mind and celebrate the end of summer. Here's low-tech tips on how to keep food fresh on long excursions.
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Published: Thu, 21 Aug 2014 13:44:17 +0000

HP Patents: Social Network Sharing and Forensics Technologies

Hewlett-Packard has one of the stronger patent portfolios among U.S. technology developers, and the past few weeks have seen many interesting additions to that portfolio. One patent protects a method of brokering fair prices between printing entities and document acquisition services, which often provide printing services to mobile device users. Another protects a scanning technology which can det...
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Published: Thu, 21 Aug 2014 13:33:17 +0000

How Canada Shaped the Copyright Rules in the EU Trade Deal

In late December 2009, Wikileaks, the website that publishes secret government information, posted a copy of the draft intellectual property chapter of the Canada - European Trade Agreement (CETA). The CETA deal was still years from completion, but the leaked document revealed that the European Union envisioned using the agreement to mandate a massive overhaul of Canadian law. The leak generated...
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Published: Thu, 21 Aug 2014 13:31:34 +0000

How Canada Shaped the Copyright Rules in the EU Trade Deal

Appeared in the Toronto Star on August 16, 2014 as How Canada Shaped Copyright Rules in EU Trade Deal In late December 2009, Wikileaks, the website that publishes secret government information, posted a copy of the draft intellectual property chapter of the Canada #8211; European Trade Agreement (CETA). The CETA [#8230;] The post How Canada Shaped the Copyright Rules in the EU Trade Deal appeare...
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Published: Wed, 20 Aug 2014 18:33:49 +0000

Shanghai Courts Provide Additional Relief to Employers for Breach of Non-Compete Agreements

Non-compete agreements are widely used by employers in certain industry sectors in China to protect their trade secrets and confidential information. In China, employers may require the employee to continue to perform the non-compete obligation and pay liquidated damages in accordance with the non-compete agreement after breach occurs. In the past, however, the following uncertainties could im...
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Published: Wed, 20 Aug 2014 17:12:00 +0000

Intellectual Property For Economic Development: a new book

Intellectual Property For Economic Development is yet another title from the seemingly inexhaustible source of IP-related literature that is Edward Elgar Publishing. This tome is edited by a three-person team consisting of Sanghoon Ahn (Fellow, Korea Development Institute, Korea, and Senior Economist, Organisation for Economic Cooperation and Development), Bronwyn H. Hall (Professor of Economics, ...
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Published: Wed, 20 Aug 2014 16:47:09 GMT

Patent pictures hint at unobtrusive Google Glass design

The high-tech specs may someday look more like ordinary glasses, if this set of pictures shows a new design direction.
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Published: Wed, 20 Aug 2014 15:41:10 +0000

PTO Seeks Comment on AIA Post Grant Administrative Trials

The administrative trial proceedings created by the AIA are: (1) Inter partes review; (2) post-grant review; (3) covered business method patents review; and (4) derivation proceedings. To bring these new proceedings into being, the USPTO issued a number of final rules and a trial practice guide in August and September of 2012. It is now time for the USPTO to take a step back and take account of th...
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Published: Wed, 20 Aug 2014 14:51:21 +0000

2014 IPO Report Shows Continued Growth for Design Patent Filings

Nike saw the largest increase in grants of any company. The Oregon company secured 159 more design patents than in 2012, and jumped from 10th to 3rd. Accompanying the resurgence of the U.S. automotive industry, Ford improved its standing among top design patent recipients by more than any other company. The company - ranked 36th previously - secured 10th position in this year's ranking. The top te...
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Published: 2014-08-20T06:00:00.000-07:00

Can I Sell Dolls Made From Pattern

Dear Rich: I recently bought a crochet book about making dolls. I was just wondering, if I make the dolls from the book and sell it, is that illegal? I see it as having paid for the rights to use the book but I don't know if it really works that way. You're not infringing copyright if you make and sell dolls based on the patterns from the book. Or put another way, a pattern maker may obtain copyri...
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Published: 2014-08-20T00:03:23-05:00

Apotex Inc. v. UCB, Inc. (Fed. Cir. 2014)

By Kevin E. Noonan -- Last week, the Federal Circuit affirmed a finding of inequitable conduct in Apotex v. USB, a relatively rare occurrence in the years after the Federal Circuit's decision in Therasense v. Becton, Dickenson. In the Therasense case, the Federal Circuit sitting en banc clarified the standards for finding inequitable conduct, in a frank effort to remedy the "plague" on the patent ...
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Published: Wed, 20 Aug 2014 00:00:00 GMT

REPORT: Minister proposes patents, not papers, as basis for research grants

In a recent address, Minister for Industry Ian Macfarlane stated that university researchers should receive government grants based on the number of patents they are granted, not the number of academic papers they publish. Although the minister is correct in identifying that Australia is lagging in its protection of intellectual property, his proposal has faced harsh criticism and has fundamental ...
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Published: Wed, 20 Aug 2014 00:00:00 GMT

REPORT: New regulations on well-known trademarks issued

The State Administration for Industry and Commerce has issued the new Regulations for the Recognition and Protection of Well-Known Trademarks 2014. The 2014 regulations amend the 2003 regulations in a number of ways, including by expressly stating that recognition of a well-known mark will be considered on a case-by-case basis and following a separate request in writing to the relevant authority.
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Published: Wed, 20 Aug 2014 00:00:00 GMT

REPORT: Extended protection for medical devices – a hot topic in the United Kingdom

Manufacturers of medical devices are requesting an increasing number of patent term extensions in a bid to recover the cost of getting regulatory approval. Recent decisions show that the UK Intellectual Property Office is taking a strict approach when examining patent term extensions for medical devices, but there are still situations where extra protection might be available.
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Published: Tue, 19 Aug 2014 21:09:46 +0000

Federal Circuit Affirms Inequitable Conduct Against Apotex

Apotex Inc. and Apotex Corp. (collectively, “Apotex”) appealed the decision of the United States District Court for the Southern District of Florida finding that Apotex’s U.S. Patent No. 6,767,556 (“the ’556 patent”) is unenforceable due to inequitable conduct. Apotex likewise appealed the district court determination that the asserted claims were indefinite, that they disclaimed coverage of the a...
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Published: Tue, 19 Aug 2014 20:09:28 GMT

The 404 Show 1,539: HTC One M8 for Windows pass/fail, Ant-Man, how to rebrand a movie (podcast)

Is the HTC One M8 for Windows a big deal? Plus we'll get a first look at Paul Rudd as Ant-Man and talk about a new cryptocurrency for porn.
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Published: Tue, 19 Aug 2014 19:00:16 GMT

How to find deals on last minute flights and hotels

It's not too late to plan that last minute summer getaway. Here's how to get great deals on spontaneous trips.
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Published: Tue, 19 Aug 2014 16:08:21 +0000

Steps to Protect Trade Secrets in the Non-Profit Sector and Balance the Need for Transparency

Despite the altruistic nature of some non-profits, they too are entitled to trade secret protection.  The American Red Cross, a venerable stalwart in the disaster relief sector, recently found itself in the precarious position of seeking trade secret protections in responding to a letter from the New York State Attorney General’s office seeking information on how it spent Hurricane Sandy #8230; Co...
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Published: Tue, 19 Aug 2014 14:15:26 +0000

Patent Drafting: The Detailed Description Should Include Multiple Embodiments or Examples

Along with their ABC’s and multiplication tables, patent lawyers learn two basic principles. First, claims define the invention. Second, a court should not read limitations from a single embodiment into the claims, absent a demonstrated clear intention by the patentee to do so. Don’t believe them. When the Federal Circuit brings up the principle that one should not import the limitations of a sing...
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Published: 2014-08-19T06:00:00.000-07:00

Life After Reversion: Who Gives Permission?

Dear Rich: I want to reuse a table or image from the second edition of a book. Copyright for the fourth edition of that same book has been transferred back to the author by the publisher. Would I go to the publisher or the author for the permission? Are there cases where a publisher retains rights on some editions and not others? We think the author is the probably the one to give permission (assu...
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Published: Tue, 19 Aug 2014 10:53:00 +0000

Once upon a time, in a faraway time-warp: a Kat relates his IP PhD experiences

Eleonora's earlier post, "It's a wonderful (PhD) life ... Oh wait: is it?", here , promised that this Kat would say a bit about his own postgraduate experiences -- so here they are! He enrolled for a PhD in October 1973, submitted it in September 1976 and, following a successful viva in May 1977, received his doctorate from what was then branded the University of Kent at Canterbury. Like many thin...
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Published: Tue, 19 Aug 2014 07:44:00 +0000

Passing off wins the day: fake Patent Office scammers pay up, promise not to do it again

Passing off, like the horse- and-buggy, might look quaint but can get you there in the end "Intellectual Property Office succeeds in passing off claim" is surely the news story that sets all hearts a-flutter in government patent offices, trade mark registries and intellectual property offices in common law jurisdictions, as the curious remedy of passing off -- which is to the law of unfair compet...
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Published: Tue, 19 Aug 2014 05:58:25 +0000

Dandi Salt v. Union of India: Copyright Board may consider Review Applications

Justice Vibhu Bakhru of the Delhi High Court recently passed an order stating that the Registrar of Copyrights does not have the power to adjudicate upon the merits of an application preferred by the Copyright Board, and that the Copyright Board may review its own decisions. The review application was initiated by the petitioners by after their delayed appeal was rejected by the Registrar. You may...
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Published: 2014-08-18T23:15:32-05:00

I/P Engine, Inc. v. AOL Inc. (Fed. Cir. 2014)

By Michael Borella -- Ever since the 2010 Supreme Court opinion in Bilski v. Kappos was handed down, the debate over the scope of patent-eligibility under 35 U.S.C. § 101 has been at times stimulating, complex, comical, and frustrating. Now it has taken a turn for the disturbing. I/P Engine sued AOL and several other parties in the United States District Court for the Eastern District of Virginia,...
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Published: Mon, 18 Aug 2014 20:25:00 +0000

This is Fiction, not Trademark Infringement: A Cat (Woman) in Need of a Clean Slate

The Seventh Circuit Court affirmed on August 14 that a fictional company or product cannot infringe the trademark of a real company or product. The case is Fortres Grand Corporation v.Warner Bros. , no. 12-cv-00535. Appellant Fortres Grand sells “Clean Slate,” a desktop management program which erases all evidence of user activity on a computer. It holds the registered trademark “Clean Slate” for...
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Published: Mon, 18 Aug 2014 17:38:00 GMT

BLOG: Launch of new zone represents a significant watershed for Unified Patents

Unified Patents today announced a significant expansion of its business with more than 40 companies signed up to a new patent zone focused on content delivery. The zone is the second that Unified has established after cloud storage, which was launched last year with 20 members including Google and NetApp.The new content delivery zone protects a range of technologies including content production,...
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Published: Mon, 18 Aug 2014 16:34:02 +0000

Upcoming Webinar: Ins and Outs of Prosecuting and Defending Trade Secret Injunction Cases

On Tuesday, September 16, 2014 at 12:00 p.m. Central, Seyfarth attorneys, Justin Beyer, Dawn Mertineit and James Yu will present the seventh installment in its series of 2014 Trade Secret Webinars. They will focus on the issues confronting plaintiffs in preparing for and prosecuting trade secret cases as well as the particularities of conducting defensive discovery prior to a trade #8230; Continue...
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Published: Mon, 18 Aug 2014 16:15:39 GMT

New BlackBerry unit to focus on patents, software

The struggling handset maker combines its 44,000 patents and several key software projects into a single unit as it tries to develop new revenue streams.
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Published: Mon, 18 Aug 2014 15:25:03 GMT

New BlackBerry unit to focus on patents, QNX, crypto

The struggling handset maker combines its 44,000 patents and several key software projects into a single unit as it tries to develop new revenue streams.
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Published: Mon, 18 Aug 2014 14:46:00 +0000

It's a wonderful (PhD) life ... Oh wait: is it?

No, dear, it's probably NOT an invitation to THAT ball, but rather a reminder from your supervisor about that missing chapter of yours There may be a time in your life when you start thinking about spending a few more years in (higher) education: the perspective of a one-year masters degree (possibly an LLM) is not enough to satisfy your sudden or well-established thirst for knowledge in a part...
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Published: Mon, 18 Aug 2014 14:16:41 +0000

#160; #160; Green Patent Blog is on vacation.     #160;
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Published: Mon, 18 Aug 2014 14:14:40 +0000

Another Summer Without a USPTO Director

Back on June 2, 2014, Senator Orrin Hatch (R-UT) wrote to President Obama expressing concern with the fact that the United States Patent and Trademark Office has been without a director for more than 16 months. A further 11 weeks has passed and we are still without a presidential nominee to run the USPTO. Between the diametrically opposed lobby groups who love and hate patents, the reality that ma...
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Published: Mon, 18 Aug 2014 14:04:00 +0000

Never too late! If you missed the IPKat last week ...

How swiftly time flies when you're up to your whiskers in intellectual property! Here's the seventh in the regular series of round-ups of the previous week's Katposts, admirably adumbrated for your absorption by recent guest Kat Alberto . It remains a matter of great happiness to the IPKat and Merpel that these posts have been so well received. If you away last week, or too busy to take a look -- ...
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Published: Mon, 18 Aug 2014 13:57:04 GMT

New BlackBerry unit to focus on patents, QNX, crypto

The struggling handset maker combined its patents and a handful of software projects into a new unit as it tries to develop new revenue streams.
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Published: Mon, 18 Aug 2014 13:42:30 GMT

BlackBerry forms new patent and tech focused business unit

The struggling handset maker combined its patents and a handful of software projects into a new unit as it tries to develop new revenue streams.
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Published: 2014-08-18T06:00:00.000-07:00

Celebrity Height Index

Dear Rich: I've created a list in ascending height of interesting athletes, celebrities, and historical figures. Here are some examples of figures on the list: George Washington, Peyton Manning, Marilyn Monroe, Albert Einstein, etc. I've also included some well known literary characters such as Dobby from Harry Potter and Oompa Loompa from Willy Wonka and the Chocolate Factory. All told, my list c...
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Published: Mon, 18 Aug 2014 09:49:37 +0000

Claim Differentiation Informs Claim Construction

Cumberland Pharms, Inc. v. Mylan Inst. LLC, No. 12 C 3846, Slip Op. (N.D. Ill. Feb. 26, 2014) (Pallmeyer, J.). Judge Pallmeyer construed the claims in this patent infringement case involving an IV form N-acetylcysteine #8212; used for treating acetaminophen overdoses.  Of particular note, the Court held as follows: “Free From A Chelating Agent #38;... Continue Reading
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Published: Mon, 18 Aug 2014 08:45:00 +0000

Monday miscellany

"Patents and value: a dialogue" . The IP Finance weblog, in conjunction with the IPKat, is holding a fascinating event on Tuesday 16 September in the Holborn, London, office of EIP. This event is a dialogue between IPKat and IP Finance blogger Neil Wilkof and Intellectual Asset Management editor Joff Wild. The pair will be conducting a discussion, chaired by IPKat blogmeister Jeremy, on the impact...
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Published: 2014-08-17T23:46:11-05:00

Conference & CLE Calendar

August 18-19, 2014 - Advanced Patent Prosecution Workshop 2014: Claim Drafting amp; Amendment Writing (Practising Law Institute) - San Francisco, CA August 18-20, 2014 - Advanced Patent Law Seminars (Chisum Patent Academy) - Seattle, WA August 19, 2014 - "Alice Corp. v. CLS Bank International: General Purpose Computers Cannot Save Inventions Directed to Abstract Ideas" (McDonnell Boehnen Hulbert a...
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Published: Sun, 17 Aug 2014 17:43:00 +0000

Shattered copyright claims?

Last year, Angelina Jolie faced a copyright infringement action for the film In The Land Of Blood And Honey , which she directed. James Braddock, a Croatian author and journalist, claimed copyright infringement on his work The Soul Shattering . He said that one of the film producers had read his book and had entered into discussions with him to adapt the book into a film, a fact denied by Jolie. T...
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Published: Sun, 17 Aug 2014 14:39:38 +0000

The Government vs. General Alexander: Who Owns His Inventions

Certainly, Gen. Alexander can seek to leverage his NSA experience and expertise in developing a lucrative post-government career, however, the filing of the patent applications so soon after leaving government service and their cybersecurity subject raises serious questions about who actually owns these inventions and whether Gen. Alexander is seeking to profit from inventions that actually belong...
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Published: 2014-08-17T13:45:00.002+01:00

Reviewing the Written SOLO Complaints Procedure

If you are regulated by IPREG you are required to have a written complaints procedure ( Rule 12 of the Code of Conduct ) if by the SRA, its an indicative behaviour ( IB1.22 under client care ) rather than a micro-managed obligation. Ways to Complain? Since the only complaint adjudicated and published by the Disciplinary Board of IPREG concerns the absence of such a document for which the the Bo...
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Published: Sat, 16 Aug 2014 18:53:00 +0000

A Castle, a Chapel, and a Theorem Make for a Copyright Infringement Case

Three urban artists, Jaz , Ever and Other filed a copyright infringement suit on August 12 in the Northern District Court of Illinois against movie director Terry Gilliam of Monty Python fame. The artists claim that Gilliam reproduced without permission their copyrighted work Castillo (Castle), a mural they collectively painted in 2010, in his movie The Zero Theorem , which will be released in the...
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Published: Sat, 16 Aug 2014 13:42:07 +0000

Getting Your Invention to Market: Licensing vs. Manufacturing

Of course, whether you are going to pursue licensing or manufacturing, for the first lesson is to realize that there are no tricks to invention marketing. It just takes work. Of course, you need to first determine what it is that you want to accomplish with your invention, which should be covered in some form of patent pending prior to beginning commercialization efforts. But once you have determi...
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Published: Sat, 16 Aug 2014 06:57:53 +0000

Of Posters, Photographs and Poses!

Aamir Khan’s upcoming film PK has already become the talk of the town; the actor who was in the news recently for posing nude in one of the posters for the film caught my attention (no pun intended) for a very different reason. It turns out that the poster for PK has been copied from an earlier poster released in 1973 by a Portuguese musician for his music album. In this post, I shall explore the ...
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Published: 2014-08-15T23:16:02-05:00

DuPont & Widener University School of Law IP CLE Seminar

DuPont and the Widener University School of Law will be holding the 2014 Intellectual Property Continuing Legal Education Seminar on September 30, 2014 at The DuPont Country Club in Wilmington, Delaware. Among the presentations being offered at the seminar will be: • IP Due Diligence - Global Aspects / Pitfalls to Avoid • Non-Practicing Entities: Promoting the Progress of Science and the Useful Ar...
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Published: 2014-08-15T23:13:43-05:00

Webinar on Post-AIA Section 102 and Prior Art

Strafford will be offering a webinar/teleconference entitled "Post-AIA Section 102 and Prior Art: Navigating the Expanded Scope of Prior Art and AIA Exceptions" on September 11, 2014 from 1:00 to 2:30 pm (EDT). Thomas L. Irving of Finnegan Henderson Farabow Garrett amp; Dunner, Washington; John J. Cheek, Senior Corporate Counsel, Caterpillar; and John Mulcahy of Finnegan Henderson Farabow Garrett ...
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Published: 2014-08-15T23:12:47-05:00

Webinar on Section 103 and Obviousness

Strafford will be offering a webinar/teleconference entitled "Section 103 and Obviousness: Capitalizing on CCPA and Early Federal Circuit Precedent -- Strategies for Withstanding Obviousness Rejections and Attacks on Patent Validity and Patentability" on September 16, 2014 from 1:00 to 2:30 pm (EDT). Thomas L. Irving; Jill K. MacAlpine, Ph.D.; Mary Henninger, Ph.D.; and Deborah M. Herzfeld of Finn...
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Published: Fri, 15 Aug 2014 16:06:04 +0000

USPTO Trademark System Maintenance Aug. 17 – 18

On August 17th through 18th, the USPTO will perform maintenance on various trademarks systems, so users should expect some outages. As per usual, outages for maintenance will be during non-peak hours over the weekend.
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Published: Fri, 15 Aug 2014 16:00:00 GMT

BLOG: Another hit to the USPTO

This is clearly not a great time for the USPTO. Earlier this week we reported on a Washington Post article that detailed evidence of an alleged cover-up of patent examiner abuse of home-working practices at the patent office.Now new research from the University of Illinois College of Law and Northwestern University has shown that as USPTO examiners become more senior, they have less time to revi...
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Published: Fri, 15 Aug 2014 15:54:28 +0000

PTO Proposes Rule Changes to Enable Electronic File Sharing

To facilitate electronic file sharing between IP offices, such as the sharing relating to the priority document exchange (PDX) program and the program by which U.S. search results are delivered to the European Patent Office (EPO), USPTO is proposing to amend its rules of practice to include a specific provision by which an applicant can authorize the USPTO to give a foreign IP office access to all...
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Published: Fri, 15 Aug 2014 14:37:00 +0000

The start-up accelerator: love that mentor but what about those trade secrets?

This Kat recently considered whether the “lean start-up” approach to entrepreneurship might have the unanticipated consequence of serving as a disincentive for inventive activity of the patent kind, here . But what about trade secrets? Might the emerging structures for creating more effective training environments for start-ups and their founders affect the traditional role that trade secrets play...
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Published: Fri, 15 Aug 2014 12:04:02 +0000

If a patent can’t cover an “abstract idea,” can it be a trade secret?

Should I patent my invention or keep it a trade secret?  Inventors often ask me this question.  And after a recent court decision and USPTO actions that raise the bar for patenting software inventions, the question is becoming even more important #8230; Continue reading #8594;
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Published: Fri, 15 Aug 2014 11:15:00 +0000

Uploading goal videos online? A copyright breach, says FAPL. Is it?

This morning BBC Newsbeat reported an interesting piece of news : the Football Association Premier League (FAPL), which runs the Premier League, ie the leading professional football league competition for football clubs in England, has said that it is going to " clamp down on fans posting unofficial videos of goals online ". Despite the draconian FIFA IP Manual [ here ] , this is also what hap...
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Published: Fri, 15 Aug 2014 10:18:23 +0000

Patent Eligibility Could Not be Decided on the Pleadings

Vehicle Intelligence #38; Safety LLC v. Mercedes-Benz USA LLC, No. 13 C 4417, Slip Op. (N.D. Ill. Mar. 13, 2014) (Hart, Sen. J.). Judge Hart denied defendant’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff’s patent infringement claims related to screening drivers for various types of impairment and “controlling operation” of the vehicle if... Continue Reading
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Published: Fri, 15 Aug 2014 09:43:00 +0000

Friday fantasies

Some great events are going "cheep" ... Registration discounts reminder. Many of the events listed on the IPKat's Forthcoming Events page (which you can access here ) have registration fee discounts -- sometimes quite substantial -- for readers of this weblog. Some other listed events are free to attend. Do check the list from time and see what takes your fancy. Among the forthcoming attractions ...
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Published: 2014-08-14T23:10:18-05:00

Tyco Healthcare Group LP v. Mutual Pharmaceutical Co.

By Andrew Williams -- Can filing a lawsuit under the Hatch-Waxman scheme of 35 U.S.C. § 271(e)(2)(A) ever give rise to antitrust liability? The Federal Circuit last week indicated in the affirmative. That statute provides that: It shall be an act of infringement to submit— (A) an application under section 505(j) of the Federal Food, Drug, and Cosmetic Act or described in section 505(b)(2) of such ...
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Published: Fri, 15 Aug 2014 00:56:55 GMT

Microsoft, ZTE prevail in patent case with InterDigital

InterDigital receives a blow from the US International Trade Commission with a ruling that says Nokia and ZTE did not infringe on patents.
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Published: Thu, 14 Aug 2014 14:24:50 -0800

UPDATE: Seventh Circuit Rejects Trademark Claim Over Name of Fictional Software in "The Dark Knight Rises"

This case pitted Fortres Grand, seller of software under the mark quot;Clean Slate,quot; against Warner Bros. which, in 2012, released the last Batman film, The Dark Knight Rises . The film included references to a software program known as quot;the clean slate,quot; which Catwoman is told is capable of erasing all traces of her criminal past from any database on earth. Fortres Grand sued Warner...
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Published: Thu, 14 Aug 2014 22:16:00 +0000

Publication of patent applications: not so unsexy after all?

One of the most popular contributors to this weblog, curiously, is not a member of the blog team at all: it's Suleman Ali, of boutique practice Holly IP, whose earlier guest posts here , here and here have attracted a disproportional quantity of hits and readers' comments. This Kat would like to say a formal "thank-you" to Suleman, who has on several occasions risen to challenge of writing a piece...
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Published: Thu, 14 Aug 2014 20:21:08 +0000

Deadline Approaches for Public Comments on Patent Term Adjustment

Novartis filed law suits that challenged the determinations by the USPTO of how much time to add to the patent term under 35 U.S.C. § 154(b) with respect to 18 different patents. The district court dismissed 15 of the claims as untimely asserted, and the Federal Circuit affirmed that ruling. With respect to the substantive ruling on the other three patents (U.S. Patent Nos. 7,807,155; 7,968,518; a...
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Published: Thu, 14 Aug 2014 19:04:00 GMT

BLOG: How damages awards in the US dwarf those in China

In the latest issue of IAM we chart the explosive growth of Lenovorsquo;s patent portfolio and talk to some of the companyrsquo;s key players about how they have reshaped its IP strategy.The Chinese tech giantrsquo;s IP acquisition activity has largely focused on the mature US market and has included picking up portfolios from Unwired Planet, NEC, and, if the deal wins regulatory approval, from ...
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Published: Thu, 14 Aug 2014 16:54:20 +0000

CAFC Reverses Summary Judgment for Lack of Adequate Written Description

In ScriptPro, LLC v. Innovation Associates, the Federal Circuit recently addressed the sufficiency of a disclosure vis-a-vis the patent claims issued. The dispute arose when ScriptPro, LLC and ScriptPro USA, Inc. (collectively, #8220;ScriptPro#8221;) sued Innovation Associates, Inc, alleging infringement of claims 1, 2, 4, and 8 of U.S. Patent No. 6,910,601. The district court granted summary [#82...
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Published: Thu, 14 Aug 2014 15:40:59 +0000

Tesla Resolves Chinese Trademark Dispute (Again, This Time With Cash)

Previous posts (here, here, and here) discussed Tesla#8217;s trademark troubles in China. As it sought to expand into the Chinese market, the electric car maker encountered a businessman named Zhan Baosheng who owned registrations for the TESLA (or “Te Si La” transliterated) trademark in China in both English and Chinese. While Zhan#8217;s trademark rights initially [...]
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Published: Thu, 14 Aug 2014 12:34:41 GMT

Rolls-Royce's CEO on youth appeal and a future SUV (Q&A)

CNET sat down with Rolls-Royce CEO Torsten Mueller-Oetvoes to talk about expanding the brand's appeal to younger buyers, new models, and efficient drivetrains.
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Published: Thu, 14 Aug 2014 10:58:00 GMT

BLOG: From the US, progress towards creating Europe’s new unified patent system is looking good

In June and July this blog ran a series of pieces written by Alan Johnson, a partner at UK law firm Bristows, looking at issues surrounding the creation of the Unified Patent Court (UPC) in Europe, as well as at some of the strategic decisions that those who file patents in Europe need to be thinking about now as they prepare for the new system to come into being ndash; as it undoubtedly now will....
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Published: Thu, 14 Aug 2014 09:50:00 +0000

Thursday thingies

Talking to a Kat. This Kat is in awe of the power of the social media: in fewer than 10 days since we announced that we were hosting a patent-related conversation [Merpel calls it a "pat-chat"] between our own dear Darren Smyth and returning EPO warrior Christopher Rennie-Smith, using just one blog post and a couple of supportive tweets, we have already signed up an amazing 53 people to attend -- ...
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Published: Thu, 14 Aug 2014 04:18:03 +0000

Push for Federal Trade Secret Legislation Gaining Momentum

Federal legislators introduced bills this year to create a civil cause of action for private litigants in federal court for trade secret misappropriation. With the most recent bill introduced in the House by a bi-partisan coalition in late July, there appears to be surging momentum for the passage of federal trade secrets legislation this fall, particularly with several leading companies #8230; ...
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Published: Wed, 13 Aug 2014 21:32:00 +0000

The Empire Strikes Back: UK passport agency grounds wannabe Skywalker

The Star Wars sequels have generated a lot of enthusiasm throughout the world. Laura Matthews, a great fan of the series, decided to adopt Skywalker as her middle name, and did so by deed poll . A change of name by this method involves a document where the person states that he or she is abandoning the original name, thereafter taking up a specified new one, requesting to be addressed by the new n...
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Published: Wed, 13 Aug 2014 20:26:00 +0000

Honda v Patmanidi: CJEU quietly gives a reasoned order

The Monomeles Protodikeio: an insider's view Last December the IPKat reported on Case C-535/13 Honda Giken Kogyo Kabushiki Kaisha v Maria Patmanidi SA , a request by a Greek court, the Monomeles Protodikeio Athinon, for a preliminary ruling from the Court of Justice of the European Union (CJEU). The underlying dispute involved the importation of parallel imports from outside EEA into Greece and ...
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Published: 2014-08-13T19:14:00.000+01:00

Who is filing the unsearchable UK Patent Applications?

Is the UK IPO flooded with patent applications? That seems to be the implication of the observed backlog and the newly published discussion document on the publication of patent applications. You can find it here and the IPO would like your comments by 26 September : note thats 11:45 pm and not close of business. The implication of the document is that a lot of people are filing patent application...
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Published: Wed, 13 Aug 2014 16:07:26 +0000

Head-Mounted Wearable Tech

The field of wearable technology became somewhat #8220;sexy#8221; with the much-anticipated release of Google Glass, a lightweight pair of glasses that incorporates computer elements, sensors and other components, all for $1,500.  One goal of this system is to allow media capture of images, video and sound that replicate the Glass wearer’s point of view. In February 2012, Google filed a patent app...
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Published: Wed, 13 Aug 2014 15:16:29 +0000

Need Your Feedback: Report on Indian IP and Public Health

A month or so ago, I’d sent around an email to our SpicyIP mailing group asking for inputs on a report on IP and public health (for the WHO India Office). The report (authored by some of the SpicyIP team) deals with patents for the most part, but also contains chapters on trademarks, copyrights and traditional knowledge/biodiversity. The idea was that it would serve as a basic primer for those int...
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Published: 2014-08-13T06:00:00.000-07:00

Wants to Use Movie Images on Tarot Cards

The Lovers as inspired by The One I Love Dear Rich: I am creating a Tarot card deck that is made from original paintings of famous people, or movie scenes all based on photos. I'm not sure how much is infringement or fair use, or do I need permission for each card, or can it fall as "Parody"? I intend to self publish this deck but would like to know the "risk " involved. We've taken a look at som...
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Published: Wed, 13 Aug 2014 12:00:19 +0000

PTO Seeks Public Comment on Patent Pendency

The United States Patent and Trademark Office (USPTO) is seeking public input to determine the optimal first action and total pendency target levels for patents… The Patent Office believes that by reviewing the optimal pendency levels the Office will be in a better position to plan for patent examination staffing levels and other agency resource requirements. Furthermore, revised or reaffirmed tar...
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Published: 2014-08-13T11:50:00.002+01:00

Try bombed—rugby league injunction application fails

Author: Stephanie Essey (Lawyer, Allens) Sports Data Pty Ltd v Prozone Sports Australia Pty Ltd [2014] FCA 595, Federal Court of Australia, 6 June 2014 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu143, first published online: August 11, 2014 Sports Data, the former statistics supplier to the National Rugby League (the NRL), sought and failed to secure an interl...
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Published: 2014-08-12T23:55:00-05:00

News from Abroad: The Regretful Patentee -- The Re-Emergence of File Wrapper Estoppel & Equivalence in the UK

By Ralph Cox* and Simon Spink** -- Overview For the best part of 10 years, since the judgment of Lord Hoffmann in Kirin-Amgen v Hoescht Marion Roussel[1], it has been widely assumed that there is no file wrapper estoppel in the UK and no doctrine of equivalents either. Both these assumptions are thrown into doubt by the Patent Court's decision in Actavis v Eli Lilly[2]. The judge, Mr Justice Arnol...
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Published: Wed, 13 Aug 2014 00:15:14 +0000

When is Enough Really Enough? The Importance of Experts in Music Copyright Infringement Actions

On June 17, 2014, a federal judge in Illinois granted summary judgment to Stefani Joanne Germanotta against plaintiff, Rebecca Francescatti, in a copyright infringement matter because he found that no reasonable trier of fact could find that Ms. Germanotta’s song, “Judas,” is substantially similar to Ms. Francescatti’s song, “Juda.”  You may wonder, why you should... Continue Reading
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Published: Wed, 13 Aug 2014 00:00:00 GMT

REPORT: EPO introduces new acceleration scheme

Following consultation with users, the European Patent Office (EPO) has published a new early certainty from search scheme. The new scheme comes in addition to the 2010 rules for dealing with requests filed under the programme for accelerated prosecution of European patent applications. The EPO seems to be aiming for the world record in processing speed – but will the new scheme work?
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Published: Tue, 12 Aug 2014 23:53:34 GMT

LG's simple $80 Realm pays tribute at Virgin Mobile

The 4.5-inch display brings LG's brand of Android 4.4 to prepaid budget-seekers.
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Published: Tue, 12 Aug 2014 22:23:23 +0000

Guest Post: Karnataka’s ‘Goondas Act’ – An examination

Many of you may have heard about Karnataka#8217;s new #8216;draconian#8217; Goonda Act which seeks to bring within its ambit #8216;digital offenders#8217; and #8216;audio or video pirates#8217;. In this very comprehensive guest post, Nehaa Chaudhari takes a look at this act and points out some severe problems with it. Nehaa is a Nalsar Law graduate. She works on intellectual property/openness law ...
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Published: Tue, 12 Aug 2014 18:16:13 +0000

Rules of Patent Drafting: The Disclosure Revolution

The claim drafting wizard is gone, but no one notices that his passing is not a normal, stylistic change, going from gray flannel to bellbottoms to designer jeans. Step back and survey the patent world as a whole, and one sees a fundamental shift in thinking over the last two decades. It is not just the claim drafting wizard but the entire idea of patent claims that is gone. We still observe the o...
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Published: Tue, 12 Aug 2014 17:55:04 +0000

Judge Michel Sounds Off About Alice v. CLS Bank

Recently, I had the opportunity to sit down with Paul Michel, who we in the patent community know as the former Chief Judge of the United States Court of Appeals for the Federal Circuit. When Judge Michel stepped down as Chief Judge and retired several years ago, he told me that he decided to retire so [#8230;]
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Published: Tue, 12 Aug 2014 14:33:55 GMT

Apple granted patent on back-in-the-day camera tech

In total, Apple is awarded 55 new patents on Tuesday, but the most notable is a camera patent that may have been integrated into the original iPhone in 2007.
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Published: 2014-08-12T06:00:00.000-07:00

Should We Use "All Rights Reserved"?

Dear, Rich: I work for a company that is writing course content that will be sold to schools. We are in the process of seeking permission for all copyrighted items, and are providing attribution under the images from the public domain. In addition to providing the author’s name and license information (where applicable), is it safe to write “All rights reserved” for all images even if they are fro...
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Published: Tue, 12 Aug 2014 12:00:20 +0000

Epson’s Patents: Plenty of Printing Tech and a Couple of Robots

Inkjet printing technologies are the focus of a couple of recently published patent applications which are assigned to Epson, including a few technologies developed to prevent heat damage from interfering with printer functionality. Other printing innovations created by Epson include a new ink set for black inks that reduces yellow discolorations in printed images. We also discuss some inventions ...
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Published: Tue, 12 Aug 2014 11:20:28 +0000

SpicyIP Event: IP Week @ SG 2014

We#8217;d like to bring to our readers notice, IP Week @ SG 2014. Details are as follows: #8220;The Intellectual Property Office of Singapore will hold its flagship IP Week @ SG 2014 event from 25 to 27 August. Created for C-suite executives, business leaders and IP thought leaders, the conference serves as a platform for the IP community to network and exchange insights on the latest trends and d...
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Published: Tue, 12 Aug 2014 10:55:00 GMT

BLOG: Microsoft v Samsung shows why it pays to be cynical

At the start of this month it emerged that Microsoft and Samsung are embroiled in a dispute over royalty fees relating to Android patents, and that the former is taking legal action against the latter to recover payments that it believes should have been made. Put simply, Microsoft claims that the South Korean company has failed to pay on time for the use of its inventions; while Samsung is concer...
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Published: Tue, 12 Aug 2014 09:32:00 +0000

Trade mark registrations for Nice class headings: IP TRANSLATOR top-up

In the fleeting world of the intellectual property blogosphere , few topics have demonstrated such staying-power as the troubled issue of the use of Nice class headings to indicate the range of goods and services for which a trade mark applicant in Europe seeks protection through a trade mark's registration. The new reader, who may never before have stumbled across this topic and who may wonder wh...
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Published: Tue, 12 Aug 2014 07:54:00 +0000

Which is the CJEU copyright case to look most forward to? Probably Art & Allposters

Sweet CJEU dreams If you were asked the typical summertime question/ Buzzfeed-style quiz , ie which copyright case currently pending before the Court of Justice of the European Union (CJEU) you are most looking forward to after the summer break, what would you reply? It is not an easy question as there is a number of interesting references for a preliminary ruling dealing with issues that span ...
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Published: 2014-08-11T23:59:00-05:00

Examination of Myriad-Mayo Guidance Comments -- International Bioindustry Associations

By Donald Zuhn -- On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, amp; Natural Products" (or "Myriad-Mayo Guidance"), to implement a new procedure for determining the subject matter eligibility of claims under 35 U.S.C. § 101 in view of the...
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Published: Mon, 11 Aug 2014 21:48:10 +0000

Achieving Broader Patent Scope in Asia

Very few would argue that broader scope is easier in Asia than in the US. Not surprisingly, this is because the laws and practice are different. The US law entitles an inventor to a patent unless the USPTO carries the burden of showing that the claims lack novelty, are obvious, or lack utility… But no patent laws in Asia are so strongly on the side of the inventor as compared to the US. So oftenti...
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Published: Mon, 11 Aug 2014 19:49:00 +0000

Never too late! If you missed the IPKat last week ...

How swiftly time flies when you're up to your whiskers in intellectual property! This is now the sixth in the regular series of round-ups of the previous week's Katposts, carefully cultivated for your consumption by former guest Kat and occasional bicycle stunt-man Alberto . It remains a matter of great happiness to the IPKat and Merpel that these posts have been so well received. If you away last...
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Published: Mon, 11 Aug 2014 16:48:00 GMT

BLOG: A sorry tale at the USPTO which exposes the Obama Administration's failure of leadership in IP

Among the most depressing things about reading yesterdayrsquo;s Washington Post story on an alleged cover-up of USPTO examiner abuse of home-working is knowing that it will give so many parties an excuse not to play their part in improving the US patent system, while providing more ammunition for others to knock it.For those who have not read it the gist of the story is that according to an inte...
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Published: 2014-08-11T06:00:00.000-07:00

Wants to Use Wally the Green Monster™ on Onesie®

"I am not a monster." Dear Rich: My friend at work commissioned me to make a onesie with "Wally the Green Monster" the Red Sox mascot. Is this a copyright infringement? Surprisingly, you're more likely to get hassled over your use of "onesie" than Wally. That's because the term ONSIE ("an infant's one-piece close-fitting lightweight garment, usually having sleeves but leaving the legs uncovered a...
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Published: Mon, 11 Aug 2014 12:09:00 +0000

More on amendments to Bolar provisions - this time in Ireland

Merpel's investigations are unaffected by the legislation This moggy has been thinking a lot about Bolar provisions in the United Kingdom, where they have recently been amended by the Intellectual Property Act 2014 , in a thought-provoking manner that he discussed back in May (coincidentally on the same day that the IP Bill received Royal Assent). Well, it turns out that across the Irish Sea, ch...
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Published: Mon, 11 Aug 2014 11:31:58 GMT

How Beats went from a single pair of headphones to a $3B Apple deal

Through a cunning blend of branding, business and celeb endorsements, Beats by Dre has become a major force in today's tech world. CNET's Adventures in Tech explains how.
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Published: Mon, 11 Aug 2014 11:00:06 GMT

How Beats went from a single pair of headphones to a $3bn Apple deal

Through a cunning blend of branding, business and celeb endorsements, Beats by Dre has become a major force in today's tech world. CNET's Adventures in Tech explains how.
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Published: Mon, 11 Aug 2014 11:00:00 +0000

Monday miscellany

Will you be joining us? 33 good folk have already signed up to attend "Christopher Rennie-Smith talks to a Kat" -- our next IPKat event, which takes place at the London office of Collyer Bristow on Thursday 4 September (doors open at 5 pm). Christopher Rennie-Smith, a battle-hardened Board of Appeal member at the European Patent Office, has now returned to his native soil. The Kat in question is p...
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Published: Sun, 10 Aug 2014 23:23:08 -0500

Federal Circuit Revives Mutual's Antitrust Counterclaims Arising From Temazepam ANDA Litigation

Tyco Healthcare Group et al. v. Mutual Pharm. et al., No. 2013-1386 (Fed. Cir.) by Aaron F. Barkoff In 2006, Mutual filed an ANDA for a generic version of Restoril (temazepam), including a paragraph IV certification to Tyco's U.S. Patent...
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Published: 2014-08-10T22:49:07-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Glycobiosciences Inc. v. Dara Biosciences, Inc. et al. 1:14-cv-01281; filed July 28, 2014 in the District Court of the District of Columbia • Plaintiff: Glycobiosciences Inc. • Defendants: Dara Biosciences, Inc.; Helsinn Healthcare SA Infringement of U.S. Patent No. 6,335,035 ("Sust...
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Published: 2014-08-10T22:39:27-05:00

Conference & CLE Calendar

August 13-15, 2014 - Advanced Patent Law Seminars (Chisum Patent Academy) - Seattle, WA August 18-19, 2014 - Advanced Patent Prosecution Workshop 2014: Claim Drafting amp; Amendment Writing (Practising Law Institute) - San Francisco, CA August 18-20, 2014 - Advanced Patent Law Seminars (Chisum Patent Academy) - Seattle, WA August 19, 2014 - "Alice Corp. v. CLS Bank International: General Purpose C...
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Published: Sun, 10 Aug 2014 17:17:00 GMT

BLOG: Patent quality is essential to combat trolls; politicians and big companies hold the keys to success

On 7th August five US Senators wrote to Penny Pritzker, the Secretary of Commerce, to emphasise the importance of the USPTO granting high- quality patents. In their letter, senators Mark Warner (D-VA), Jeff Merkley (D-OR), Mark Begich (D-AK), Martin Heinrich (D-NM), and Tom Udall (D-NM) stressed that this issue above all others would help minimise the risks posed by what they described as ldquo;ab...
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Published: Sun, 10 Aug 2014 15:49:41 +0000

Judge Michel Speaks on the Future of the Federal Circuit

Judge Michel: "I’m aghast at the suggestions that are made in some blogs that the Federal Circuit be abolished. The idea that you need more so-called percolation by having different appellate courts take different views on patent laws is completely crazy in my opinion. There’s plenty of percolation just within the Federal Circuit and the Supreme Court doesn’t seem to have the slightly problem iden...
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Published: Sun, 10 Aug 2014 10:48:44 +0000

Vringo v. ZTE: DHC vacates injunction against ZTE

Our readers would remember that some time back we had carried a post on the dispute between Vringo #38; ZTE.  As a background, Vringo had filed two different law suits against ZTE.  One law suit was filed by Vringo / Vringo Infrastructure Inc.  against ZTE India, and Xu Dejun in November 2013 (#8220;Nov. law suit#8221;), and we had covered this law suit in our post in great detail.  The Nov. law s...
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Published: Sun, 10 Aug 2014 06:57:40 +0000

SpicyIP Weekly Review (3rd August to 9th August, 2014)

SpicyIP Highlight of the Week! The SpicyIP Highlight of the Week is the writ petition filed by Shamnad seeking a stay on the appointment of a Vice-Chairperson (VC) to the Intellectual Property Appellate Board; the challenge to the appointment is on the ground that it does not conform to the standards laid down by the Supreme Court (Read more about this here). Comment of the week Some time back, Sh...
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Published: Sat, 09 Aug 2014 18:02:54 +0000

Fotopedia closes, but CC-licensed photos live on

Trung Dangy / CC BY-NC-SA If you#8217;re a fan of photo-and-knowledge-sharing community Fotopedia, you#8217;ve likely heard that the site is closing this Sunday, August 10. When Creative Commons heard the news, we contacted Fotopedia to ask if there were some way that we could help save all of the Creative Commons#8211;licensed photos on the site. [#8230;]
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Published: Sat, 09 Aug 2014 16:51:56 +0000

How to Describe an Invention in a Patent Application

"In order to satisfy this requirement you need to specifically and objectively define and describe how to make and use your invention. The enablement requires says that every embodiment needs to be described so that it can and will work. The quickest way to explain the concept of enablement is by way of example. The popular children’s song “Skeleton Bones” explains how all the bones in the body ar...
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Published: 2014-08-08T18:14:37-05:00

MBHB Webinar on Myriad-Mayo Guidance

McDonnell Boehnen Hulbert amp; Berghoff LLP will be offering a live webinar entitled "USPTO Guidance for Determining Subject Matter Eligibility In View of U.S. Supreme Court's Mayo and Myriad Decisions" on October 2, 2014 from 10:00 am to 11:15 am (CT). Patent Docs authors and MBHB attorneys Donald L. Zuhn, Jr., Ph.D. and Kevin E. Noonan, Ph.D. will address the following topics during the webinar:...
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Published: Fri, 08 Aug 2014 17:00:45 GMT

Ultracomfortable on-ear headphone gets a slight makeover

The rebranded version of Bose's OE2i now comes in some flashier color options.
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Published: Fri, 08 Aug 2014 16:24:00 +0000

The Case of the Black Macaque

This Kat had quite set his mind against posting anything to do with the Case of the Black Macaque, which has motivated literally hundreds of readers -- who already know all about it -- to email him and numerous other Kats, severally and individually, to ask them if they saw the news and/or to inquire as to why no post had yet been published on it. Meanwhile, gallant Katfriend and distinguished aca...
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Published: Fri, 08 Aug 2014 16:18:34 +0000

Judge Michel says Congress May Have to Revise 101

On July 3, 2014, I had the opportunity to interview Judge Michel, former Chief Judge of the United States Court of Appeals for the Federal Circuit. The interview took place at the University Club in Washington, DC. Our conversation was wide ranging, dealing with all the pressing issues of the moment in the patent world. [#8230;]
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Published: Fri, 08 Aug 2014 14:42:00 +0000

Are we experiencing a "Minsky moment" in patents?

This Kat has been of the view that the first 15 years of the current millennium have been marked by unprecedented exuberance, touching on excess, in various aspects of the world of patents. Whether Rembrandts in the Attic , here , patent aggregators such as Intellectual Ventures, here , patent trolls (rebranded as “non-practising entities”), billion dollar price tags for the patent portfolios of f...
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Published: Fri, 08 Aug 2014 13:00:03 GMT

Alienware 13 gaming laptop slims down, sharpens up (hands-on)

With high-end parts and a high-res screen, this new model from Dell's gaming brand is ready for top-notch gaming on the go.
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Published: 2014-08-08T06:00:00.000-07:00

State Employee Wants to Publish Self-Authored Guide

Connecticut's state flag: three grapevines and the motto: "He who transplanted still sustains" Dear Rich: I work for a Connecticut State agency, and as part of my job duties several years ago, I wrote a Health Planning Guide. The guide was not copyrighted, is in the public domain, is available only as a pdf, and has never been printed. I am the sole author, and am noted as such on the title page....
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Published: Fri, 08 Aug 2014 10:48:14 +0000

Webinar Recap! International Trade Secrets and Non-Compete Law Update

We are pleased to announce the webinar #8220;International Trade Secrets and Non-Compete Law Update,#8221; is now available as a podcast and webinar recording . The fifth webinar in the 2014 series, was presented by Wan Li, Ming Henderson, Justine Turnbull and Daniel Hart, focused on non-compete and trade secret considerations from an international perspective. Specifically, the webinar involved...
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Published: Fri, 08 Aug 2014 06:14:00 GMT

BLOG: Look out for more IP deal-making activity in the smart-grid sector as big guns wade in

A high volume of Mamp;A coupled with a major growth in patent filings in the smart-grid sector suggests that it has the potential to be a major area of IP litigation and transactional activity in the near future, according to analysis from Greentech Media.Like a traditional grid, a lsquo;smart gridrsquo; is a network for delivering electricity from suppliers to consumers. What makes it lsquo;sma...
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Published: Fri, 08 Aug 2014 05:32:23 +0000

TESLA Gets Control over TESLA’s Trademark in China

Last August (2013), the arguably well-known trademark of TESLA between TESLA#8217;s CEO Elon Musk and businessman Zhan Baosheng was in full swing, read here. August 7 2014, China Daily reports that the TESLA trademark dispute has been resolved, read here. There are no details about the settlement between Musk and Zhan. Head tip to Stan Abrams.
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Published: 2014-08-07T23:59:00-05:00

News from Abroad: New Zealand's New Patents Act

By Shelley Rowland* and Katherine Hebditch** -- After a protracted gestation period, the New Zealand's Patents Act 2013 will take full effect on 13 September 2014. The new Act represents the first major refresh of New Zealand's patent legislation in 60 years, and brings New Zealand patent law into line with most other countries around the world. The likely effect of the new law will be to make it ...
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Published: Fri, 08 Aug 2014 00:40:59 GMT

US Patent Office rejects Apple autocomplete patent used against Samsung

The decision by the USPTO, while relevant to the most recent Apple v. Samsung patent-infringement trial, isn't final and could take months or years to come to conclusion.
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Published: Thu, 07 Aug 2014 23:54:23 GMT

Will the next iPad Air bring rear touch controls?

Multiple sources target September 9th for the iPhone 6 announcement. A new granted patent could bring gaming controls to the back of an iPad. Plus, Samsung and Apple are starting to play nice.
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Published: Thu, 07 Aug 2014 22:12:53 +0000

From Burgers to Biofuels: Trademark Board Rules McDonald’s “Mc” Rights Extend to Biodiesel

In March of 2009 Joel Joseph filed a U.S. trademark application for the mark BioMcDiesel for use in connection with marketing and selling biodiesel fuel. Needless to say, the owner of the ubiquitous global McBrand was not pleased.  McDonald#8217;s Corporation filed an opposition proceeding before the the U.S. Patent and Trademark Office Trademark Trial and Appeal Board [...]
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Published: Thu, 07 Aug 2014 21:52:56 GMT

Bose FreeStyle Earbuds: In-ear headphones for people who don't like in-ears

The $129.95 FreeStyle, which comes in two eye-catching colors, is a re-branded version of Bose's existing ultracomfortable earbud-style headphones.
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Published: Thu, 07 Aug 2014 20:31:47 +0000

Secret defrauder ring (UPDATED)

Originally posted 2010-02-15 13:15:54. Republished by Blog Post PromoterI want one, too! What is the FRAUD-O-METER#8482;?  Its creator, John Welch, explains: Some say that a picture is worth a thousand words, and that is certainly true with regard to the TTABlog FRAUD-O-METER#8482; brand legal indicator. We all know that the CAFC in In re Bose Corporation jettisoned the [...]
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Published: Thu, 07 Aug 2014 20:31:44 +0000

No more Wikipedia…

Originally posted 2006-08-28 18:59:16. Republished by Blog Post Promoter#8230; for Patent Examiners. Trademark practitioners are, however, still stuck with it and its unpredictable effects.
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Published: Thu, 07 Aug 2014 20:31:43 +0000

Of Macaques and Men: [obligatory monkey pun subtitle here]

Have you heard the one about the monkey who stole the wildlife photographer’s camera and took a picture of herself? And then Wikipedia posted the photo, without asking anyone’s permission to do so, claiming that the photograph is in the public domain, while the photographer—the man, not the monkey—objects, claiming ownership because, among other things, [...]
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Published: Thu, 07 Aug 2014 19:17:57 +0000

Petition seeking stay on the appointment of Vice-Chairperson of the IPAB filed

In continuation of Shamnad#8217;s earlier petition challenging the constitutional validity of the Intellectual Property Appellate Board (IPAB), he has now filed a miscellaneous petition seeking a stay on the appointment of a Vice- Chairperson (VC) to the Board. The principal ground for this petition is that the composition of the selection committee for the appointment of the VC does not adhere to...
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Published: Thu, 07 Aug 2014 18:39:56 +0000

Trade Marks Rules Amended 2014

On August 1, 2014, the government amended certain provisions of the Trade Marks Rules 2002 (here). The rules will come into force on publication in the Official Gazette. Through the amendments, the official fees for trademark application under entries 1,3,4,5,6 and 7of the First Schedule of the TM Rules 2002 have increased from Rs. 3,500 to Rs. 4,000. The fees for expedited examination of an appli...
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Published: Thu, 07 Aug 2014 17:41:00 +0000

Brooklyn Restaurant Not a Good Egg for Famous Jeweler

Jeremy knows my fondness for big and expensive jewelry and has kindly alerted me to this recent case where the jewelry house Fabergé successfully claimed that a Brooklyn restaurant had infringed on its trade marks and its retail storefront. Could a Summons Be Hidden Inside? Last June, Fabergé Ltd and Fabergé Services Ltd (Plaintiffs) filed a trademark and copyright infringement suit against t...
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Published: Thu, 07 Aug 2014 17:35:46 +0000

SpicyIP Tidbit: Monkeying around with the Public Domain & Copyright

IP enthusiasts across the world are having an absolute field day with the recent Wikipedia monkey copyright controversy! For those not in the know yet, even as some humans are having trouble taking pictures of themselves, or #8220;selfies#8221; as they are now known [Exhibit A: Usain Bolt fan's selfie fails, as camera faces wrong way], back in 2011, a rather handsome black macaca nigra monkey base...
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Published: Thu, 07 Aug 2014 16:17:36 +0000

Dozens of organizations tell STM publishers: No new licenses

The keys to an elegant set of open licenses are simplicity and interoperability. CC licenses are widely recognized as the standard in the open access publishing community, but a major trade association recently published a new set of licenses and is urging its members to adopt it. We believe that the new licenses could introduce [#8230;]
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Published: Thu, 07 Aug 2014 16:03:27 GMT

Apple patent application hints at Siri on the Mac

Apple's Siri has been working on iOS to provide digital assistance, but now, the platform might have some tricks up its sleeve for the Mac.
Read more
Published: Thu, 07 Aug 2014 15:33:50 +0000

Sec. 144 & Patent Rules challenged, Delhi High Court asks Centre to reply

The Delhi High Court yesterday issued notice in a Public Interest Litigation filed by our very own Prof. Shamnad Basheer, on the denial of requests for information under the Right to Information Act (RTI Act) by the Indian Patent Office (IPO). (See also: news reports carried by Mint, ET, LiveLaw, Legally India) Readers would recollect the volte-face by the Patent Office in 2012, where they asked S...
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Published: Thu, 07 Aug 2014 15:26:21 GMT

Fighting over scraps in Apple's withering patent war with Samsung

Commentary: As Apple's self-destructive campaign against Android winds down, all that's left to fight over are damages in two US cases involving basic design elements.
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Published: Thu, 07 Aug 2014 14:17:40 +0000

The Ghost of iCraveTV?: The CRTC Asks Bell For Answers About Its Mobile TV Service in Net Neutrality Case

Before there was Youtube, Hulu, Netflix, and broadcasters streaming their content on the Internet, there was iCraveTV.  iCraveTV , a Canadian-based start-up, launched in November 1999, by streaming 17 over-the-air television channels on the Internet.  The picture was small, connection speeds were slow, but the service was streaming real-time television years before it became commonplace. The compa...
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Published: Thu, 07 Aug 2014 14:12:51 +0000

Seyfarth Attorneys Present on Latest Developments in Trade Secrets and Non-Compete Law At ABA Annual Meeting

Seyfarth partners Robert Milligan and Kate Perrelli will lead a CLE program for the ABA IPCentral Conference during the ABA#8217;s Annual Meeting in Boston on August 7th. They are scheduled to be joined by in-house counsel Pamela Davidson from U.S. Foods, Karen Tompkins from Stryker, Lisa Seilheimer from CDW, and Jerry Cohen from Burns #38; Levinson LLP. The panel will #8230; Continue Reading
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Published: Thu, 07 Aug 2014 11:49:00 GMT

BLOG: As the smartphone wars peter out patent-sceptics have been proven wrong

Apple cannot win a patent war predicated on market exclusion. With the Android source code being open, Apple might just as well be fighting a Hydra ndash; cut off one device from the market and two more will appear to replace it. Ultimately, Applersquo;s best course of action will most likely be to enter into licensing agreements with its competitors, which will not only result in significant reve...
Read more
Published: Thu, 07 Aug 2014 09:09:00 +0000

Clearing the ground ahead of trial: refining non-admissions of patent infringement

Refining the issues that divide the parties in any piece of litigation is something of an art. The more that can be sorted out ahead of trial, the clearer and simpler the trial should become. This principle is illustrated in TCT Mobile Europe SAS v Telefonaktiebolaget LM Ericsson, one of those little rulings that can so easily slip beneath the radar. It's an ex tempore 24 July decision of Mr Justi...
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Published: 2014-08-06T23:59:00-05:00

Court Report -- Part II

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Medicines Company v. Accord Healthcare, Inc. et al. 1:14-cv-00626; filed July 24, 2014 in the Middle District of North Carolina • Plaintiff: The Medicines Company • Defendants: Accord Healthcare, Inc.; Intas Pharmaceuticals Ltd. Infringement of U.S. Patent Nos. 7,582,727 ("Pharmaceu...
Read more
Published: Thu, 07 Aug 2014 04:31:30 GMT

Twitch to mute copyrighted music in video-on-demand

Video-game streaming service says it will cut the volume on 30-minute blocks of video when unauthorized audio content is detected.
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Published: Wed, 06 Aug 2014 22:39:42 GMT

Apple v. Samsung -- Sorry, but it's not over yet

The smartphone giants settled their patent suits outside the US. But that may mean they'll pay even more attention to Apple's home turf.
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Published: 2014-08-06T22:43:00.001+01:00

Safe and sound: CJEU confirms a safener can be an active ingredient too

Author: Laura Whiting (Hogan Lovells International LLP) Bayer CropScience AG v Deutsches Patent- und Marken Amt , Case C-11/13, EU:C:2014:2010, 13 February 2014, Judgment, Court of Justice of the European Union (CJEU) Journal of Intellectual Property Law amp; Practice (2014), doi: 10.1093/jiplp/jpu139, first published online: August 1, 2014 The CJEU has confirmed the broader interpretation of ‘act...
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Published: Wed, 06 Aug 2014 21:34:30 GMT

Monkey owns rights to selfie? Wikimedia refuses photographer claim

`A monkey grabs a camera and takes a selfie. The human owner of the camera claims copyright, but Wikimedia disagrees.
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Published: Wed, 06 Aug 2014 17:50:00 +0000

Wednesday whimsies

It seems that this blog is not the sole user of the term Katpat: see KatPatArt, here What precisely is a katpat? Recent comments posted by readers of this weblog have speculated as to what precisely is a katpat. Is it like a cowpat, perhaps, only smaller? No. It's an accolade which the IPKat and Merpel accord to readers who supply them with interesting information, ideas and inspiration so that ...
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Published: Wed, 06 Aug 2014 16:25:00 +0000

German plant breeders challenge EU Nagoya Regulation - allege threatens biodiversity

Merpel's plant breeding attempts were not as successful as hoped This moggy posted yesterday what he thought was a roundup of news relating to the Nagoya Protocol and its implementation in the EU, only to then be alerted to a far more interesting development. According to a press release from the Bundesverband Deutscher Pflanzenzüchter e. V. (German Plant Breeders’ Association (BDP)) that he has r...
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Published: Wed, 06 Aug 2014 16:19:15 +0000

Judge Michel says Alice Decision ‘will create total chaos’

Judge Michel: "[I]t’s bad news at least for the reason that it will create total chaos. No one will know what is eligible and what is not eligible so there will be no predictability, no consistency, and that by itself will create delays and costs and discourage progress that the Constitution was trying to promote by encouraging Congress to create the patent system. Consider the decision makers. Yo...
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Published: Wed, 06 Aug 2014 15:25:18 +0000

LG Patents – Digital Broadcast Services to Voice Recognition Technologies

Today, we’ve explored a couple of patent applications related to improved methods for businesses that are trying to reach mobile users within a close proximity, including one technology for directly communicating proximity-based services to mobile device owners as well as methods for communicating those proximity-based services to groups. Another patent application discusses an improved LED lighti...
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Published: Wed, 06 Aug 2014 13:42:29 +0000

Did Canada Cave on the Pharmaceutical Patent ISDS Issue in CETA?: Still No Text, But Official Comments Suggests It Did

For the second time in less than a year, Canada and the EU have announced that they reached agreement on the Canada - EU Trade Agreement.  Back in October 2013, there was an announcement of an agreement "in principle".   The announcement did not include a release of the text and the parties said there was still further work to be done on drafting and legal analysis. Yesterday, brought another anno...
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Published: Wed, 06 Aug 2014 11:43:51 +0000

Creative Commons announces launch of CC Belarus

Creative Commons leaflet / Sviatlana Yermakovich / CC BY-SA Creative Commons is happy to announce the launch of CC Belarus. Youth organization Falanster is now the belarusian Creative Commons affiliate team! On August 29, the official launch of CC Belarus will take place in Minsk. For now, CC Belarus will focus on the following topics: [#8230;]
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Published: Wed, 06 Aug 2014 10:44:00 +0000

Changing down a gear: prestige brand opts for bargain basement court

When it comes to cars, boys will be boys ... It's summertime, and the courts are taking a break, but there are still some cases waiting to be pulled out of the kat-sack and given a bit of attention: here's one of them. Bayerische Motoren Werke AG v Shaun Coley (trading as BMW Mini Gearbox Centre) is an extempore ruling of Judge Hacon in the Intellectual Property Enterprise Court, England and Wale...
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Published: Wed, 06 Aug 2014 09:35:39 GMT

Surface Pro 3 hitting UK, Australia and 23 more countries on 28 August

Microsoft's own-brand Windows 8 tablet will also be on sale in France, China and New Zealand in the next few weeks.
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Published: 2014-08-06T07:06:00.000+01:00

Competing with supervised pro bono students

From our good friend and Afro-IP blogger Kingsley Egbuonu comes this link to a news item, "USPTO Adds Additional Schools To Law School Clinic Certification Pilot Program: Newly selected law schools to join the patent and trademark programs in fall 2014". According to this item: " ... The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the selection o...
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Published: 2014-08-05T23:59:00-05:00

Examination of Myriad-Mayo Guidance Comments -- ACLU

By Donald Zuhn -- On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, amp; Natural Products" (or "Myriad-Mayo Guidance") to implement a new procedure for determining the subject matter eligibility of claims under 35 U.S.C. § 101 in view of the S...
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Published: Wed, 06 Aug 2014 02:35:34 GMT

Apple, Samsung agree to bury overseas litigation ax

Deal settles all lawsuits pending outside the US, but US patent lawsuits between the two are unaffected.
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Published: Wed, 06 Aug 2014 01:57:09 +0000

When Is The Possession of International Trade Secrets A Mistake Or Economic Espionage: Contrasting U.S. v. Yeh with U.S. v. Liew

The judgments rendered in two recent 2014 federal criminal cases reveal the inherent complexity in prosecuting international trade secret misappropriation claims. In U.S. v. Liew , Judge White of the U.S. District Court for the Northern District of California sentenced defendant Walter Liew to 15 years in prison for misappropriating trade secrets from chemical giant DuPont and selling them to #8...
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Published: 2014-08-06T01:22:10Z

Man gets 3 months for selling drone trade secrets

A 49-year-old Kentucky man was sentenced Thursday by a federal judge in Yakima to three months in prison for selling trade secrets involving drone aircraft. Stephen Martin Ward of Owensboro, Ky., was arrested in November 2011 in Indiana after giving...
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Published: Wed, 06 Aug 2014 00:51:54 +0000

The Supreme Court on S.35 of the TM Act

The Supreme Court recently had the opportunity to adjudicate upon a case related to S.35 of the Trademarks Act. The case was between two separate firms consisting of members from the same family, sharing the same surname – #8216;Rakyan#8217;. These firms were each engaged in the business of selling jewellery and precious stones which was also a family business and there were other family firms tha...
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Published: Wed, 06 Aug 2014 00:00:00 GMT

REPORT: Judgment poised to transform licensing of public performance rights of Bollywood music

The Bombay High Court recently passed an interim order on the legitimacy of Novex Communications licensing public performance rights on behalf of certain music labels, despite not being a registered collecting society under the Copyright Act 1957. The court restrained Novex from threatening to sue anyone for copyright infringement on the grounds that it was not a registered collecting society.
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Published: Wed, 06 Aug 2014 00:00:00 GMT

REPORT: Infringement action can be maintained despite long delay in trademark use

In a recent order the Delhi High Court dealt with a dispute involving deceptively similar trademarks used in relation to pharmaceutical products. This decision is particularly relevant in view of the court's finding that a delay in actual use of the registered trademark by the registered owner following registration of the mark does not extinguish the owner's exclusive rights in the registered mar...
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Published: 2014-08-05T14:55:28-04:00

The USPTO-MBDA Webinar Series Continues in August

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee The USPTO remains committed to helping America’s inventors, small business owners, and entrepreneurs accelerate their innovative products and technologies to the marketplace. Earlier this year we launched a free webinar series in collaboration with the Minority Business Development...
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Published: Tue, 05 Aug 2014 18:18:00 GMT

BLOG: Rockstar, the Nortel NPE, could look very different in a few years' time

If consultancy and expert witness firm Elysium Digital has done its research correctly, John Veschi and the team that he leads at Rockstar have a few more years yet to maximise the value of the patents they manage. According to Elysium, the NPE ndash; created by five of the six companies (Apple, BlackBerry, Ericsson, Microsoft and Sony) that were the successful bidders in the Nortel auction ndash;...
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Published: Tue, 05 Aug 2014 17:08:00 +0000

Do lean startups mean less IP?

Can principles of management impact on the creation of IP? The question has taken on potentially greater significance with the ever-increasing emphasis on innovation and entrepreneurship and the search for the best ways to manage such activities. Within this context, there are few managerial notions that have attracted more attention than Eric Ries’s notion of lean start-ups. As set out in his 201...
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Published: Tue, 05 Aug 2014 16:36:56 +0000

School of Open Africa to launch in September

(SOO logo here. Earth icon licensed CC BY by Erin Standley from the Noun Project.) After months of discussions, deliberations, and planning between CC staff, African Regional Coordinators, African Affiliate teams, and others in the open space, Creative Commons Africa is set to storm Africa by having a continent-wide launch for School of Open in [#8230;]
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Published: Tue, 05 Aug 2014 16:24:44 +0000

Will Obama Nominate Anyone for the USPTO?

In recent weeks news has come out that Phil Johnson's nomination as Director of the United States Patent and Trademark Office is dead. It seems to be dead due to the protest of at least one Senator on the Senate Judiciary Committee, not because the onerous vetting process produced any red flags or because the White House has lost interest. The Senator allegedly unhappy is Senator Chuck Schumer (D-...
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Published: Tue, 05 Aug 2014 16:24:16 GMT

Apple patent considers controls on the back of an iPad

The concept could help enable more complex gaming on mobile devices and perhaps offer a boost for lagging tablet sales.
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Published: Tue, 05 Aug 2014 14:03:07 +0000

‘Happy Birthday to You’ Copyright Challenged in Class Action

[O]ne production company has decided to take this battle to the courts in the hopes of overturning what it feels are misappropriated copyright protections… The evidenced entered into the case by Good Morning To You Productions dates back to 1893, when a manuscript containing 73 songs was sold by sisters Mildred J. and Patty Smith Hill to publisher Clayton F. Summy. One of those songs was titled “G...
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Published: Tue, 05 Aug 2014 13:26:57 +0000

How a 20 Year Old Patent Application Could Up-End Canada’s Biggest Trade Deal

In the early 1990s, pharmaceutical giant Eli Lilly applied for patent protection in Canada for two chemical compounds, olanzapine and atomoxetine. The company had already obtained patents over the compounds, but asserted that it had evidence to support new uses for the compounds that merited further protection. The Canadian patent office granted the patents based on the content in the applications...
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Published: Tue, 05 Aug 2014 13:25:03 +0000

How a 20 Year Old Patent Application Could Up-End Canada’s Biggest Trade Deal

Appeared in the Toronto Star on August 1, 2014 as How a 20 Year Old Patent Application Could Up-End Canada#8217;s Biggest Trade Deal In the early 1990s, pharmaceutical giant Eli Lilly applied for patent protection in Canada for two chemical compounds, olanzapine and atomoxetine. The company had already obtained patents [#8230;] The post How a 20 Year Old Patent Application Could Up-End Canada#82...
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Published: 2014-08-05T06:00:00.000-07:00

Selling Refurnished Products

Dear Rich: Do I need authorization from the manufactures (such as Apple, Samsung, Sony etc.) to buy and sell their used/refurbished products on-line and in-store in the USA? You can re-sell other manufacturer's products as long as you don't mislead consumers into believing that you are an authorized dealer or agent of the manufacturer. You also shouldn't mess with the manufacturer's logo, lift adv...
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Published: Tue, 05 Aug 2014 07:00:00 +0000

Merpel roars: the EPO responds

Merpel posted a piece last week, entitled " 7,000 EPO employees in DE, NL, AT amp; BE ... plus one in FR? " on the disquiet felt by many members of the patent community concerning the circumstances surrounding the reappointment of Mr Battistelli as President of the EPO. In her closing remarks Merpel was critical of the silence from the EPO, suggesting that the lack of information from that quarte...
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Published: 2014-08-04T23:59:00-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Roche Molecular Systems, Inc. v. Cepheid 3:14-cv-03228; filed July 16, 2014 in the Northern District of California Infringement of U.S. Patent No. 5,643,723 ("Detection of a Genetic Locus Encoding Resistance to Rifampin in Mycobacterial Cultures and in Clinical Specimens," issued Ju...
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Published: Tue, 05 Aug 2014 02:49:46 +0000

Delhi High court refuses to allow pharma industry’s plea seeking stay on NPPA price cap decision.

As readers would recall, earlier this month National Pharmaceutical Pricing Authority had capped the prices of 108 anti-diabetic and cardiovascular formulations, sending the pharma industry into a tizzy. I had blogged about it here. It was noted that the inter-brand price differentials for some drugs was as high as ₹360. Even after accounting for quality differences,huge inter-brand price variatio...
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Published: 2014-08-05T01:18:37Z

FBI investigates alleged trade secrets theft at Ford

DETROIT, MI - The FBI has seized listening instruments, computers and financial records from an engineer at Ford Motor Co.'s headquarters in Dearborn, the Detroit News Reports. The News says that the mechanical engineer was being investigated for allegedly stealing...
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Published: Mon, 04 Aug 2014 21:41:55 +0000

More Green Patent PR: Phytonix, Proterro and Others Tout Patents and Licenses

I#8217;ve written before (e.g., here and here) about tech firms#8217; penchant for patent PR.  Here are several recent contributions to the genre. #160; Phytonix Corporation, based in North Carolina, touts its new U.S. patent for biobutanol production technology in this press release.  The patent is U.S. Patent No. 8,735,651, entitled #8220;Designer organisms for photobiological butanol production...
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Published: 2014-08-04T16:36:14-04:00

Update on USPTO's Implementation of 'Alice v. CLS Bank'

Guest blog by USPTO Commissioner for Patents Peggy Focarino Today I would like to address our ongoing implementation of the June 19, 2014, unanimous Supreme Court decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al. (Alice Corp.) . In the decision, the court held claims to a computerized scheme for mitigating settlement risk patent-ineligible because they are drawn to an abs...
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Published: Mon, 04 Aug 2014 19:23:44 +0000

Judge: “Go after your distributors, not free enterprise”

Originally posted 2007-11-27 14:59:05. Republished by Blog Post PromoterJudges #8212; especially in the Eastern District of New York #8212; are picking up what#8217;s going on in the #8220;elite salons#8221; end of the trademarks-as-distribution-method-enforcement scam: A federal judge has blasted the L#8217;Oréal company, and former federal law enforcement officials it employs, for trying to bols...
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Published: Mon, 04 Aug 2014 19:23:43 +0000

Is trademark bullying okay if you’re on the side of the angels?

Originally posted 2011-01-04 13:22:17. Republished by Blog Post Promoter I#8217;ve never thought so. Neither does Techdirt#8216;s Mike Masnick #8212; not surprisingly #8212; concerning the tactics employed by the Susan G. Komen for the Cure operation and its assertion of ownership over the color pink. UPDATE:  This story turns out to have all kinds of legs.
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Published: Mon, 04 Aug 2014 17:36:00 +0000

New York, New York, It’s a Wonderful… Trade Mark

The New York Times reported last week that the Port Authority of New York and New Jersey (Port Authority) has sent a cease and desist letter to Fishs Eddy , a New York City retailer selling house wares, asking it to stop selling goods featuring drawings of some of New York City’s buildings, bridges and tunnels. If this is a kitchen towel, a trademark attorney wants to speak with you The Fishs ...
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Published: Mon, 04 Aug 2014 17:05:00 GMT

BLOG: The latest issue of IAM is now available for all subscribers to access online

Issue 67 of IAM has now been published and is available to subscribers online. Hard copies of the magazine should be hitting desks within the next week or so. To whet your appetites, following is the list of contents:Cover storyBuilding a white-hat brand in the patent industryWith policy makers, business groups and the public demanding action to curb abuses in the patent industry, companies...
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Published: Mon, 04 Aug 2014 16:00:00 +0000

EC Reports on Annual Counterfeit Customs Enforcement; Counterfeits by Post Being Increasingly Targeted

The European Commission released its annual report on intellectual property rights customs enforcement last Friday that detailed recent statistics in EU counterfeit import detentions and general enforcement activities. Below are the main statistical trends highlighted in the report: Number of Detained Goods and Their Retail Value Decreased; Clothing and Medicines Lead the Way . The number of det...
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Published: Mon, 04 Aug 2014 14:00:54 +0000

Patent Eligibility Post-Alice

From a patent challenger’s perspective, Alice further reinforces the need to evaluate whether an early dispositive motion under § 101 can end the litigation. In crafting such motions, it is important to clearly define the abstract idea and to demonstrate how it is merely well-understood, routine, conventional activity. Additionally, it may be helpful to articulate how the claims do not recite any ...
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Published: Mon, 04 Aug 2014 12:00:17 +0000

Whirlpool’s Patent Applications: From Spherical Ice Dispensers to Steam Cooking Ovens

Publication of a patent application does not mean that a patent will be issued for the technology, but looking through them, we have our best chances of learning about a company’s most recent research and development goals. To judge from what we saw today, Whirlpool is very hard at work creating improvements to the various ice making assemblies manufactured for the company’s refrigerators or other...
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Published: Mon, 04 Aug 2014 11:35:00 +0000

Never too late! If you missed the IPKat last week ...

This is the fifth in the regular series of round-ups of the previous week's Katposts, lovingly prepared by our esteemed and greatly valued former guest Kat Alberto . It is a matter of great happiness to the IPKat and Merpel that these posts have been so well received. If you away last week, or too busy to take a look -- or if you are one of the fifty or so new email subscribers who have signed up ...
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Published: Mon, 04 Aug 2014 11:27:00 +0000

Wii part ii - Partially valid patent remains unamended

The IPKat reported last month on the case of Philips v Nintendo , concerning Nintendo’s Wii console, which was held to infringe two patents, which themselves were held to be partially valid. Not available on BAILII, but coming to the IPKat's attention via Lawtel, is an interesting follow-up decision which considers the issue of a partially valid patent. This Kat has long mewsed on the rather idios...
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Published: Mon, 04 Aug 2014 09:04:00 +0000

Monday miscellany

In case you're wondering where they are ... Getting out from under the shadow? As noted in a Petosevic Newsletter last week, three Eastern European countries -- Ukraine, Georgia and Moldova -- have signed EU Association Agreements. These agreements, which only come into effect after ratified by all 28 EU Member States, are viewed as a move to accelerate their political and economic integration in...
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Published: 2014-08-04T08:18:00.000+01:00

Balancing tool or escape clause? Proportionality in temporary relief proceedings before the Greek courts

Author: Nikos Prentoulis (Prentoulis Lawyers amp; Consultants) Single-Member First Instance Court of Athens, Decision No 4209/2014 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu135, first published online: August 1, 2014 A recent judgment of the Athens First Instance Court in preliminary injunction proceedings over trade mark infringement illustrates how the prin...
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Published: 2014-08-04T08:13:00.000+01:00

Unqualified praise Part III: the price of fame

Readers who recall this blogger's recent posts "Unqualified praise: when being 816th just isn't good enough" ( here ) and "When being 816th just isn't good enough: a response from Who's Who Legal" ( here ) will know that he was none too impressed at the fact that he had been recommended for inclusion as a leading trade mark practitioner in Who's Who Legal on the basis of its impeccable research, n...
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Published: Mon, 04 Aug 2014 05:09:04 +0000

Formula One racing and IP protection

Some time back, one of our readers had asked us to provide some information on Formula One (F1) racing and patents.  This post provides a background on the elements of a F1 car, and patenting in the F1 industry.  To better explain the concept, this post will cover two aspects in great detail in the F1 car where patenting would be a natural choice. Currently, there is little evidence of large scale...
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Published: 2014-08-03T23:35:29-05:00

ABA Journal Accepting Nominations for 8th Annual Blawg 100

The ABA Journal has begun work on its 8th annual list of the 100 best legal blogs (or blawgs) and has announced that it is seeking the advice of its readers, via the ABAJournal.com website, on which blogs to include on this year's Blawg 100. For the past two years, Patent Docs has been honored to be included among the five blogs selected in the IP Law category of the Blawg 100 (see "ABA Journal An...
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Published: 2014-08-03T23:16:37-05:00

How to Protect a Product of Nature

By Kevin E. Noonan -- "The more things change . . ." is the beginning of an old saw, and that saying has particular relevance just days after the USPTO stopped accepted comments on its Subject Matter Eligibility Guidance. After all, this isn't the first time the Patent Office pendulum has swung against patenting (Don Chisum's "No Patent and Trademark Office" remark is legend) and it's likely to sw...
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Published: 2014-08-03T23:03:19-05:00

Conference & CLE Calendar

August 7, 2014 - "Battling Patent Trolls: Leveraging AIA, State and Federal Legislative Action, and Other Key Developments" (Strafford) - 1:00 to 2:30 pm (EDT) August 7, 2014 - "Divided Infringement in the Life Sciences: Implications of Limelight v. Akamai" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET) August 13-15, 2014 - Advanced Patent Law Seminars (Chisum Patent Academy) - ...
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: Under pressure: streamlining operations in the IP business

The findings of a recent survey of inhouselegal departments and privatepractice law firms underline just howimportant it is to get the right peopleand processes in place for efficientIP management, writes Adam Jaffe ofThomson Reuters
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: Promise of federal protection brings new hope for critical US IP law

The United States lacks a strongframework for protecting trade secretsat the federal level. However, proposedlegislation could be about to shake thingsup and provide new protection in this area
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: Going in with eyes wide open

The License On TransferNetwork is a welcomeaddition to the IP ecosystem,but the companies whichsign up to become membersneed to be clear that they aresacrificing a large part of thestrategic flexibility that patentownership can bring
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: The year of the dragon

Once known simply as a PC makerfocused on the Chinese market,Lenovo has grown into a globaltech giant. Now, as it looks to growits mobile business in the maturemarkets of Europe and America, ithas placed patents at the heart ofits strategy
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: For patent practitioners, translation is everywhere

Patent translations involvesome of the most technicallyand linguistically challengingmaterial available, but are often anafterthought. As global patent filingsgrow, a rethink of how we approachpatent translations is needed
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: Turning uncertainty into opportunity

Despite a more restricted view ofinnovation and efforts to rein in bad IPbehaviours, patents are more uncertainthan ever. Some IP investors are certainto profit
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: Is your country ready for open innovation?

As technologies becomeincreasingly complex, manycompanies rely on open innovationto bring products to market.Governments can take measuresto encourage open innovation andimprove their countries’ position onthe world stage
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: An automated system for estimating patent value

With intellectual property nowrecognised as a major componentof corporate value, the need foran accurate and widely acceptedpatent valuation method is moreimportant than ever
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: Building a white-hat brand in the patent industry

With policy makers, businessgroups and the public demandingaction to curb abuses in the patentindustry, companies must nowdifferentiate themselves from thetaint of patent trolls, developing awhite-hat brand not only within theindustry, but for the industry as well
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: Cinderella story – is prior art the hidden beauty of intellectual property?

For some consumer electronicscompanies, prior art libraries havebecome a first line of defence againstpatent assertions and an extremelyeffectively tool against non-practisingentities
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: Supreme Court turns its looking glass on software patents in Alice

In one of the most eagerly awaitedIP judicial decisions in recent years,the US Supreme Court appears tohave refrained from restricting thepatentability of software
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Published: Mon, 04 Aug 2014 00:00:00 GMT

ARTICLE: IP-based financing, Singapore-style

The Intellectual Property Office ofSingapore has launched a US$80million scheme under which grantedpatents can be used by Singaporeincorporatedcompanies as collateralto raise financing in order to reachthe next stage of development andcompete in international markets
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Published: Sun, 03 Aug 2014 20:03:46 +0000

Ghost Post: Controllers stuck between a grant and a hard time?

A few of our recent posts have focused on the executive power of the Patent and Trademark Office (IPTO). Spadika#8217;s post on the order triggering this debate #8212; (Intellectual Property Attorneys Association (IPAA) unsuccessfully challenged an order by the Trademark Registry pertaining to Pre-Registration Amendments of Trademark Application) #8212;  can be found here. Shamnad then followed it...
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Published: Sun, 03 Aug 2014 15:25:00 GMT

BLOG: ICAP to put 850+ Alcatel-Lucent patents and applications under the hammer in October

Alcatel-Lucentrsquo;s efforts to monetise its patent portfolio continue apace. In the wake of the companyrsquo;s announcement that it has appointed Laura Quatela as executive vice-president of intellectual property, with a direct report to CEO Michel Combes, comes the news that it has retained ICAP Patent Brokerage to organise a sealed bid auction of more than 850 granted patents and applications ...
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Published: Sun, 03 Aug 2014 14:49:00 +0000

Coming soon: a Kit talks to a Kat

Not that any member of this blog team would dream of addressing so august a personage as Christopher Rennie-Smith as "Kit", it is well established that Kit is a friendly and informal abbreviation of the name Christopher and, for the sake of a memorable headline, the Kats have slipped into informal mode. Christopher Rennie-Smith -- for it is he -- is an august and respected member of the Fraternity...
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Published: Sun, 03 Aug 2014 14:27:00 +0000

The proposed Trade Secrets directive: comments from the Max Planck Institute

Nuno Sousa e Silva, Katfriend and contributor to the Journal of Intellectual Property Law amp; Practice (JIPLP), has been giving thought to the current proposal for a trade secrets directive -- but he's not the only one: the Max Planck Institute has been giving its weighty thoughts to the same proposal. Accordingly Nuno, a lecturer at UCP (Porto) and ISCAP and trainee lawyer with PTCS Advogados, h...
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Published: Sun, 03 Aug 2014 14:22:15 +0000

Delhi High Court’s John Doe Order in Favour of Star News: Need for a Third-Umpire Review of ISP Liability?

The Delhi High Court, on 28th July 2014, passed an Ex Parte Ad Interim Order in favour of Star India Ltd wherein over a hundred websites were not only ordered to refrain from broadcasting the India-England 2014 Test Series, but the Department of Telecommunications was ordered to direct ISPs to block the websites altogether [Find the order here]. In this post I look at the law surrounding the liabi...
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Published: Sun, 03 Aug 2014 11:32:13 +0000

SpicyIP Weekly Review (28th July to 2nd August)

Our first post of the week was the SpicyIP highlight of the week, with Spadika reporting on the order of the CGPDTM dismissing an application by the IPAA challenging an earlier office order disallowing amendments which seek substantial alteration in the registration of trademark. The dismissal was on the grounds that prior to the order, the option of amending the application had been amenable to m...
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Published: Sat, 02 Aug 2014 15:38:43 +0000

Amending Trademarks: A Critique by Chander M Lall

The recent order of the General (CG), Chaitanya Prasad disallowing substantial amendments in trademark applications has created quite the stir! Spadika first blogged on this here, outlining the key aspects of the CG decision. And I followed it up with a short note highlighting what I thought to be a welcome trend in having the executive don a judicial hat more often. I also went on to critique the...
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Published: Sat, 02 Aug 2014 12:00:58 +0000

Patent Drawings 101: The Way to Better Patent Applications

To properly accomplish the goal of having the best disclosure possible you should also not think in terms of a single patent drawing or illustration, but rather in terms of however many patent drawings are necessary in order to demonstrate what you have invented. Most patent applications have at least several sheets of drawings, with each sheet routinely having multiple views of the invention. You...
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Published: 2014-08-01T22:58:51-05:00

IPO Webinar on Divided Infringement in the Life Sciences

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Divided Infringement in the Life Sciences: Implications of Limelight v. Akamai " on August 7, 2014 beginning at 2:00 pm (ET). Ned Israelsen of Knobbe, Martens, Olson amp; Bear, LLP; Jonathan Singer of Fish amp; Richardson, PC; and Mark Stewart of Eli Lilly and Co. will examine the impact of the U.S. Supreme ...
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Published: 2014-08-01T22:55:00-05:00

Webinar on Induced Infringement in Hatch-Waxman Litigation

Strafford will be offering a webinar/teleconference entitled "Inducement to Infringe in Hatch-Waxman Litigation: Strategies for Patent Drafting, Prosecution and Litigation" on August 21, 2014 from 1:00 to 2:30 pm (EDT). David P. Frazier, Ph.D., Thomas L. Irving, and Robert F. Shaffer of Finnegan Henderson Farabow Garrett amp; Dunner will provide patent counsel with guidance on claim and label lang...
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Published: Fri, 01 Aug 2014 21:40:22 GMT

Microsoft hits Samsung with Android patent-royalty suit

Microsoft files a contract dispute suit against Samsung over Android patent-licensing royalties.
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Published: Fri, 01 Aug 2014 16:47:00 +0000

Red faces over PINK knickers? Victoria's Secret has a tough time in court

Cometh the hour, cometh the (pink) Kat ... News has now began the haemorrhage through the blogosphere that British-based shirt-maker Thomas Pink has emerged happy and glorious from a spot of litigation against US intimate apparel company Victoria's Secret. This Kat has received, several times over, the judgment of Mr Justice Birss, in Thomas Pink Ltd v Victoria's Secret UK Ltd [2014] EWHC 2631 (C...
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Published: Fri, 01 Aug 2014 15:54:52 +0000

Upcoming Webinar: Protecting Confidential Information and Client Relationships in the Financial Services Industry

On Tuesday, August 26, 2014 at 12:00 p.m. Central, Seyfarth attorneys Scott Humphrey, Jason Stiehl and Rebecca Woods will present the sixth installment in its series of 2014 Trade Secret Webinars. They will focus on trade secret and client relationship considerations in the banking and finance industry, with a particular focus on a firm#8217;s relationship with its FINRA members.  Topics #8230; Co...
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Published: Fri, 01 Aug 2014 15:33:44 +0000

Judicialising the Executive?

Spadika#8217;s well written post exemplifies a good trend in executive decision making.  That even in matters hitherto considered to be within the administrative/executive realm, our patent and trademark office (IPTO) follows a judicial process. In other words, prior to promulgating an executive decision (order), the office hears the parties and renders a speaking (reasoned) order. Of course, this...
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Published: Fri, 01 Aug 2014 15:11:00 +0000

Friday fantasies

Forthcoming IP events. Even though it's the summer (in the Northern hemisphere, at any rate) and there's not much going on in terms of conferences and other events, new forthcoming attractions for the rest of the year and indeed beyond continue to be added to the IPKat's Forthcoming Events list . Do check it out when you have the chance! Grump, Dopey, Sleepy ... surely we aren't talking about ...
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Published: 2014-08-01T06:00:00.000-07:00

How Do We Make Risk Analysis for Trademark?

Dear Rich: We are a new juice company in California and we've been considering various names. One name we've considered is a three-letter word. We searched the USPTO records and found a few similar uses in related classes but we were most concerned by the fact that Starbucks had a registration for the exact same name preceded by the word Starbucks. We didn't believe anyone would confuse our produc...
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Published: Fri, 01 Aug 2014 12:11:00 GMT

BLOG: Alcatel-Lucent recruits former Kodak president to lead its patent monetisation drive

Alcatel-Lucent has announced that former Kodak president Laura Quatela is to join the company as its executive vice president of intellectual property. She will be leading its patent monetisation programme.In addition to holding the president and co-chief operating officer role at Kodak, Quatela had also served as its general counsel, chief IP officer (CIPO), director of IP transactions and dire...
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Published: Fri, 01 Aug 2014 12:00:08 +0000

GE Patents: Patents of Note: Medical Inventions & Alternative Energy Systems

General Electric has been awash in recently issued patents pertaining to medical technologies, and we discuss an intriguing collection of these inventions. One patent protects an improved anaesthesia delivery system that monitors oxygen levels in patients undergoing anaesthesia. Another protects a system for recognizing family relationships among patients for better tracking of medical histories. ...
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Published: 2014-08-01T12:06:00.000+01:00

IPREG and its Ambitions

Rolls Building the access door to UK patent justice IPReg , the regulator of patent and trademark attorneys has recently published its proposed budget and business plan for 2015. The regulated tend to think of IPReg as the maker of rules of conduct and the provider of discipline. However, its true role is quite different from that. Perhaps its primary purpose is to protect consumers, which includ...
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Published: Fri, 01 Aug 2014 10:23:51 +0000

Not Accepting Well-Pled Allegations is “Cardinal Sin” of Affirmative Defenses

Sonic Indus., LLC v. iRobot Corp. No. 13 C 9251, Slip Op. (N.D. Ill. Feb. 28, 2014) (Shadur, Sen. J.). Judge Shadur sua sponte struck portions of defendant iRobot’s answer and affirmative defenses, and allowed other portions to be repled.  Of particular note: The Court struck iRobot’s noninfringement affirmative defense for committing the “cardinal sin”... Continue Reading
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Published: Fri, 01 Aug 2014 10:21:00 +0000

Pending referrals before the Enlarged Board

A couple of referrals to the EPO Enlarged Board of Appeals have slipped past the nose of the IPKat in recent months. Avid readers of the EPO Official Journal will have spotted them already, but the IPKat thought that they are worth highlighting, particularly as the time limit for comments to the Enlarged Board is still running for the three cases highlighted below. G 3/14 : Examination of clarity ...
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Published: 2014-07-31T22:43:48-05:00

Court Report -- Part III

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cubist Pharmaceuticals Inc. v. Fresenius Kabi USA LLC 1:14-cv-00914; filed July 11, 2014 in the District Court of Delaware Infringement of U.S. Patent Nos. 6,468,967 ("Methods for Administration of Antibiotics," issued October 22, 2002), 6,852,689 (same title, issued February 8, 200...
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Published: Thu, 31 Jul 2014 22:46:04 GMT

Twitter acquires password security startup Mitro

The social network buys Mitro and lets it keep operating as is -- the only change is now the startup's code will be open source.
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Published: Thu, 31 Jul 2014 19:07:00 GMT

BLOG: Leading companies, NPEs and intermediaries discuss creation of IP marketplace standards

LES USA and Canada has taken the first steps towards creating what could become a series of best practice standards relating to the IP marketplace. At a day-long workshop meeting held in Chicago on Tuesday a group of 40 senior representatives from major operating companies, non-practising entities and intermediaries discussed possible plans to codify recognised good behaviours and processes in IP ...
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Published: Thu, 31 Jul 2014 17:17:07 GMT

Woman changes name to L. Skywalker, denied passport

The UK takes a dim view of any name that it deems as being copyrighted or trademarked.
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Published: Thu, 31 Jul 2014 16:35:25 +0000

No Massachusetts Non-Compete or Trade Secret Legislation this Year

Although, as we have previously reported , the Massachusetts legislature arguably got closer to enacting a non-compete statute this year than ever before ─ which, if Governor Deval Patrick had his druthers, would have banned them outright ─ there will be no new legislation this year according to our sources.   The legislative session ends today. As we last reported , #8230; Continue Reading
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Published: Thu, 31 Jul 2014 15:55:31 +0000

Abstraction in the Commonplace: Alice v. CLS Bank and its Use of Ubiquity to Determine Patent Eligibility

A troubling aspect of the analysis in the Alice opinion is the suggestion that an invention, once patent eligible, can become patent ineligible simply based on the passage of time and public adoption. Dialogue in the oral argument as well as statements in the Court’s opinion suggest this line of reasoning, which arguably originated in Bilski, has become an accepted principal . . . An invention may...
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Published: Thu, 31 Jul 2014 12:00:53 +0000

Nikon Patents: More Accessories, Improved Functionality for Digital Cameras

The patent applications published in recent weeks by the USPTO and assigned to Nikon include a couple of filings pertaining to camera accessories which we explored for today’s column. One of these accessories provides a continuous light for the better detection of light exposure conditions for a digital camera. Other patent applications are directed at improved configurations for interchangeable c...
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Published: Thu, 31 Jul 2014 11:57:00 GMT

BLOG: Before exercising the right to opt-out of Europe's new UPC regime there will be plenty to consider

Over the last seven weeks Bristows partner Alan Johnson has provided IAM blog readers with a strategic overview of some of the major issues all patent owners in Europe, as well as potential defendants in patent infringement suits, must be aware of with regards to the soon-to-be-introduced ndash; and totally game-changing ndash; unified patent court (UPC) regime.What will be clear to all those wh...
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Published: Thu, 31 Jul 2014 11:46:09 +0000

SpicyIP Tidbit: Copyright Application to be now filed online

The Copyright Office has recently issued a notification (No. F. 27-25/2014-CO), stating that the online facility for filing of copyright applications has been launched from 17/2/2014. According to the notification, dated 22/7/2014, the Copyright Counter would close from 1/8/2014 in an attempt to promote online filing of copyright applications. The notification may be accessed here. Hat Tip to Hari...
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Published: Thu, 31 Jul 2014 07:30:00 +0000

7,000 EPO employees in DE, NL, AT & BE ... plus one in FR?

EPO President Battistelli in his office. The Eiffel Tower is not visible from this angle, it would appear. Back in 2010, when Benoît Battistelli was first appointed as President of the European Patent Office (EPO), there was a certain lack of transparency in the election process. As a blog post by IAM Magazine reported at the time, mischievous rumours quickly emerged from the EPO staff union news...
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Published: 2014-07-30T23:03:50-05:00

In re Patel (Fed Cir 2014)

By Kevin E. Noonan -- The Supreme Court has made a sport of reversing the Federal Circuit over the past decade or so, and other than reserved (and sometimes not so reserved) statements by members of the lower court, the Federal Circuit has (properly) deferred to the Supreme Court's decisions without much protest (albeit occasionally being able to demonstrate the difficulties in implementing the Co...
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Published: Wed, 30 Jul 2014 20:51:15 +0000

Rijksmuseum case study: Sharing free, high quality images without restrictions makes good things happen

Girl in white kimono, George Hendrik Breitner, 1894; CC0 Yesterday Europeana published a great case study documenting the experiences of the Dutch Rijksmuseum in opening up access to their collection of digital public domain images. The case study was written by Joris Pekel, community coordinator for cultural heritage at the Europeana Foundation. Over the last [#8230;]
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Published: Wed, 30 Jul 2014 15:45:15 -0500

Muddying the Natural (Patent) Waters

In the past couple of years (see for example the Prometheus decision ). The Supreme Court has issued a series of rulings that attempted to clarify what is and is not patentable. Unfortunately, the result has been the exact opposite, with court decisions creating chaos and confusion over what is the proper subject matter of patent applications . The USPTO has issued proposed rules that appear not...
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Published: Wed, 30 Jul 2014 17:27:57 +0000

Wronghaven

Originally posted 2011-06-15 11:40:38. Republished by Blog Post PromoterClayton Cramer, via Insty, report on an unsurprising, but still dramatic, development in the Righthaven saga, which I tweeted about last night: From the ever useful Steve Green at Vegas Inc.: A federal judge in Las Vegas today issued a potentially-devastating ruling against copyright enforcer Righthaven LLC, finding it [...]
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Published: Wed, 30 Jul 2014 17:27:56 +0000

Online use of trademarks and copyrights by “unauthorized distributors”

Originally posted 2007-10-06 20:57:56. Republished by Blog Post PromoterLIKELIHOOD OF CONFUSION does not generally comment about active cases in which we are directly involved. But a very important and detailed (61 pages!) summary judgment decision came down in the U.S. District Court for the Eastern District of New York last week, in the case of [...]
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Published: Wed, 30 Jul 2014 17:27:55 +0000

The PTO’s Cambridge Roundtable: Read all about it

And so it was that, as previously blogged, on June 25, 2014, I participating in the copyright statutory damages segment of the PTO#8217; / Department of Commerce / Internet Policy Task Force public roundtable discussion “Green Paper Roundtable” in Cambridge, Massachusetts. It was great fun.  I learned a lot.  I made some new friends.  No, [...]
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Published: Wed, 30 Jul 2014 16:37:42 +0000

Congressional Testimony: Lee on USPTO Patent Operations

Lee will tell Congress that the USPTO is on pace during FY 2014 to receive nearly 600,000 patent applications, which represents an increase of more than 5% as compared to FY 2013. The PTO backlog of unexamined patent applications is less than 620,000 which is down from more than 750,000 in 2009 (a 17.3 percent decrease)… On a cynical note, I will observe that reducing the backlog will become much ...
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Published: 2014-07-30T08:03:00.002-07:00

The Tralin/Tranlin Paper Story from Shandong, China: An Example of Chinese Intellectual Property Creating Jobs--in the US!

In a previous post , I reported that a huge loan had been given to a Chinese paper company backed by its Chinese IP as collateral. The 8 billion RMB obtained by China's Tralin Paper (Quanlin Paper in Chinese, though they use www.tralin.com for their website), one of the biggest IP-backed loans in history, not only shows that Chinese intellectual property is coming of age, but is now being used to ...
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Published: Wed, 30 Jul 2014 15:00:05 GMT

LibreOffice makes its case as open source alternative to MS Office

Newest release of open source suite comes as LibreOffice now claims 80 million active users around the world.
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Published: Wed, 30 Jul 2014 14:31:03 +0000

Six Years On, IP Impact on Green Tech Transfer Remains a Mystery

It#8217;s been quite a while since I#8217;ve addressed green patents in the context of the UN Framework Convention on Climate Change (UNFCCC) and other international efforts to develop climate change policy. A guest post by Prof. Matthew Rimmer discussed the UNFCCC Doha meeting in December 2012, and I commented on the 2010 Cancun climate change [...]
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Published: 2014-07-30T06:00:00.000-07:00

Registering Copyright For Deceased Photographer

Dear Rich: My father, who died in 2008, was a talented amateur photographer in the 1950s and 1960s, and I’ve started to post some of his medium-format images online (none were ever published). I’d like to batch-register his images with the copyright office. I’ve registered many of my own images, but I’m not sure how to register images for someone who has died (I do have a copy of his death certifi...
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Published: Wed, 30 Jul 2014 12:57:25 +0000

The Battle Over Tariff 8, Part 2: The Recording Industry’s Surprising Opposition to Songwriter, Composer and Music Publisher Streaming Royalties

Yesterday I posted on the battle over Tariff 8 , the Copyright Board of Canada's new tariff for digital music streaming services that the media has suggested could open the door to popular foreign services migrating to Canada. Despite the initial excitement, the Canadian recording industry, led by Music Canada (formerly the Canadian Recording Industry Association) has taken aim at the decision, wh...
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Published: Wed, 30 Jul 2014 12:12:43 GMT

Sprint stems customer bleeding in return to Q1 profit

Sprint's core wireless brand and prepaid service continued to lose customers, though not as rapidly, amid a long network upgrade.
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Published: Wed, 30 Jul 2014 12:00:06 +0000

Canon Invents: Digital Cameras, Video Editing, Medical Imaging

A worldwide leader in the development of camcorders, cameras, photocopiers and other imaging and printing devices, Canon Inc. of Tokyo, Japan, is one of the most active developers of new intellectual properties in the world. Although this article published by Tom’s Guide erroneously reports it as patented, Canon has developed and filed a patent application recently for camera imaging technologies ...
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Published: Wed, 30 Jul 2014 11:17:00 +0000

From 1 October UK will have exceptions for private copying, broader quotation and parody

Following some fear [ here and here ] that UK Government could have decided not to introduce exceptions for private copying, broader quotation and parody into UK copyright after all, last month this blog reported that the "missing" exceptions were back with new [well, not so new as they were basically unchanged] draft Statutory Instruments (SIs) [ here and here ] . Following approval in the House...
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Published: Wed, 30 Jul 2014 08:56:00 +0000

A scoop ... of yoghurt!

Miffy just can't get enough Greek yoghurt ... "Greek dairy company Fage wins yogurt case in Britain" is the headline of a piece of breaking news carried in Ekathimerini today. The yoghurt case in question is Fage UK Ltd amp; Another v Chobani UK Ltd amp; Another [the decision of Briggs J at trial is at [2013] EWHC 630 (Ch) , noted by the IPKat here ; the appeal decision, at [2014] EWCA Civ 5 , fe...
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Published: 2014-07-29T23:11:19-05:00

Court Report -- Part II

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Acorda Therapeutics Inc. v. Actavis Laboratories FL Inc. 1:14-cv-00882; filed July 7, 2014 in the District Court of Delaware Infringement of U.S. Patent Nos. 8,007,826 ("Sustained Release Aminopyridine Composition," issued August 30, 2011), 8,354,437 ("Method of Using Sustained Rele...
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Published: Wed, 30 Jul 2014 00:00:00 GMT

REPORT: Patentable parthenotes? Advocate general says yes

Good news could be on the horizon for stem cell patenting in Europe. In answer to a question referred by the UK High Court, the advocate general has recommended that unfertilised human ova that have been stimulated to develop by parthenogenesis are excluded from the definition of 'human embryo', and are therefore back in the realm of patentable subject matter.
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Published: Wed, 30 Jul 2014 00:00:00 GMT

REPORT: Battle of the stars

In a recent decision, the Benelux Office for Intellectual Property (BOIP) considered whether two logos, one owned by EFE SA and the other by the European Commission, were similar. In order to do so, BOIP considered the logos' visual, aural and conceptual similarities
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Published: Wed, 30 Jul 2014 00:00:00 GMT

REPORT: TIPO issues decision in dispute over ownership of on-duty invention

As an administrative agency, the Taiwan Intellectual Property Office (TIPO) does not usually rule on a patent ownership dispute in an invalidation action, leaving such disputes to the courts. However, TIPO recently issued a decision regarding patent ownership on its own, based on existing evidence.
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Published: Tue, 29 Jul 2014 23:22:00 +0000

European Patent Reform: a high-power forum may be heading your way ...

MIP: food for thought While interest in the governance of Eponia (the eponymous Central European fiefdom of the European Patent Office) runs gratifyingly high, as the comments posted to Merpel's Sunday night blogpost testify, a more serious thread of interest in the present and future of the European patent system is not hard to discern either, as it weaves its way through the consciousness of th...
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Published: Tue, 29 Jul 2014 22:20:27 GMT

Could the Gear S be Samsung's next wearable?

The Korean electronics giant filed a trademark application late last week for "Samsung Gear S."
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Published: Tue, 29 Jul 2014 21:35:55 +0000

Populist Disconnect and the Whittling Away of IP Rights

Stealing originally created content is extremely problematic, whether it is a blog article, a newspaper article, a book, painting, photograph or movie. If you search the Internet for practically anything you will be inundated with the same text over and over without really finding useful answers. Of course, the websites that engage in widespread plagiarism, which is just a less judgmental way to s...
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Published: Tue, 29 Jul 2014 19:35:00 +0000

Kanye West Ain’t No (Crypto) Banker

His Account is Not Likely Overdrawn One of the defendants in the ‘Coinye West’ trademark infringement suit entered into a consent agreement with Kanye West and his company Mascotte Holdings (Plaintiffs) over the Coinye West crypto-currency. Judge Analisa Torres from the Southern District of New York issued the permanent injunction . Defendants had launched a crypto-currency, the COINYE WEST, or ...
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Published: Tue, 29 Jul 2014 16:49:30 GMT

Apple wins patent for crowd-sourced traffic navigation

The envisioned system would help you plan your route by analyzing stop lights, stop signs, and obstacles that can slow your trip.
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Published: Tue, 29 Jul 2014 08:00:00 -0800

IP Litigator Philip Mann Named to 2014 Washington Super Lawyers List

IP Litigator Philip Mann Named to 2014 Washington Super Lawyers List Normally we donrsquo;t toot our own horn ndash; but we are pleased and honored to announce that our founder Philip P. Mann was recognized in the 2014 Washington Super Lawyers ranking which lists the top attorneys in the state of Washington. The annual Super Lawyers list was featured in the July issue of Seattle Met magazine. ...
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Published: Tue, 29 Jul 2014 15:30:51 +0000

There Are Many Ways to Milk a Cow and Not All Are Protected Trade Secrets

A consultant of a company entered into a consulting agreement with a competitor. The scope of his consultancy of the first company involved dairy-permeate processing systems and the second involved lactose-processing systems. The Court of Appeals of Minnesota found that these businesses were sufficiently distinct such that disclosure of information regarding one business would not violate the non-...
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Published: Tue, 29 Jul 2014 15:28:45 +0000

PTO & Alice – Things Have Really Changed

Despite what the United States Patent and Trademark Office suggested in their initial guidance to patent examiners, the Supreme Court#8217;s decision in Alice v. CLS Bank has substantially changed the prosecution landscape for computer implemented inventions (i.e., software). At least initially, the USPTO guidance to examiners seemed extremely patentee friendly. In a memo to the patent examining [...
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Published: Tue, 29 Jul 2014 14:16:00 +0000

Phew, what a scorcher! Police apply Sunblock to red-hot fake sales websites

"Police placing anti-piracy warning ads on illegal sites", by Dave Lee, appears on the BBC website here . This piece reads, in relevant part, as follows: "The City of London police has started placing banner advertisements on websites believed to be offering pirated content illegally. The messages, which will appear instead of paid-for ads, will ask users to close their web browsers. The move come...
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Published: Tue, 29 Jul 2014 13:57:40 +0000

The Battle Over Tariff 8: What the Recording Industry Isn’t Saying About Canada’s Internet Streaming Royalties

Over the past month, Music Canada, the lead lobby group for the Canadian recording industry, has launched a social media campaign criticizing a recent Copyright Board of Canada decision that set some of the fees for Internet music streaming companies such as Pandora. The long-overdue decision seemingly paves the way for new online music services to enter the Canadian market, yet the industry is fu...
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Published: Tue, 29 Jul 2014 13:55:11 +0000

What the Recording Industry Isn’t Saying About Canada’s Internet Streaming Royalties

Appeared in the Toronto Star on July 26, 2014 as What the Recording Industry Isn#8217;t Saying About Canada#8217;s Internet Streaming Royalties Over the past month, Music Canada, the lead lobby group for the Canadian recording industry, has launched a social media campaign criticizing a recent Copyright Board of Canada decision [#8230;] The post What the Recording Industry Isn#8217;t Saying Abou...
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Published: 2014-07-29T06:00:00.000-07:00

Relationship Between Fair Use and Infringement

Dear Rich: I was troubled by the blanket assertion in a recent post in which you stated that if you copied a copyrighted work without authorization, you're infringing. I believe that if your use is a fair use, you are not infringing. Or are you trying to suggest that a fair use is a form of authorization? We wrote , "If you copied a copyrighted work without authorization, you're infringing. Whethe...
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Published: Tue, 29 Jul 2014 12:00:30 +0000

Xerox Seeks Patent on Method of Compensating Remote Workers

The Xerox Corporation Ltd. of Norwalk, CT, is a major American multinational corporation, which offers one of the world’s most extensive line of printing products, both for business and personal uses… We start today’s column with an exploration of our featured patent application, which would protect a method of better compensating remote workers who contribute to tasks assigned through project cro...
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Published: Tue, 29 Jul 2014 11:59:54 GMT

Piracy police hijack ads on copyright infringing websites

British police have come up with a new way of cutting off funding to websites that illegally share music and movies.
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Published: Tue, 29 Jul 2014 10:54:00 GMT

BLOG: It is tougher to get a US patent than some would have you believe; especially for SMEs

Inc. magazine reported this weekend on the findings of an academic study which suggest that large corporations are more likely than SMEs to be granted patents by the US Patent and Trademark Office (USPTO).'What is the probability of receiving a US patent?' ndash; originally released back in January and due to be published in the Yale Journal of Law and Technology later this year ndash; is author...
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Published: Tue, 29 Jul 2014 07:24:00 +0000

The heart of the matter: one patent, two views

This guest blogpost comes courtesy of Katfriend and occasional contributor Suleman Ali (Holly IP), a patent attorney whose interest lies mainly in the biotech and medical fields --an interest that is quite germane to the case he writes about here about a patent for a collapsible device for filling holes in the heart and how a trial judge and an EPO Opposition Division could reach quite different c...
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Published: 2014-07-28T23:59:00-05:00

Finally, A Biosimilar Application Has Been Accepted By The FDA

By Andrew Williams -- In what is thought to be the first application accepted under the new biosimilar pathway created by the Biologics Price Competition and Innovation (BPCI) Act, Sandoz announced last Thursday that the U.S. Food and Drug Administration (FDA) has accepted its application to market a version of the protein filgrastim. Sandoz, a Novartis Group company, already markets a biosimilar ...
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Published: Mon, 28 Jul 2014 16:30:13 +0000

Does Innovation Lead to Prosperity for All?

Whether innovation benefits the masses or just the elites has major policy ramifications. If the later, shouldn’t government insure a fair division of the economic pie? And is the patent system critical for economic growth or a tool for the powerful to plunder the helpless? --- How to create a prosperous economy-- and the appropriate role of government-- is a pivotal issue of our time… The Wright ...
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Published: Mon, 28 Jul 2014 16:11:03 GMT

Zillow to acquire Trulia for $3.5B in stock

If approved, the online real estate brands will live on separately but offer combined home listings for prospective buyers.
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Published: Mon, 28 Jul 2014 16:00:00 +0000

Whac-A-Mole Trade Mark Litigation: Using U.S. Trade Mark Litigation to Combat Foreign Counterfeiters

Beats By Dre Over the past month, a number of well-known global brands have filed U.S. lawsuits against foreign (predominately Chinese) online businesses for the sale of counterfeit products to U.S. consumers. Beats Electronics, LLC ( dba Beats By Dre ; “Beats”), the audio product manufacturer and online music provider, filed a lawsuit in the U.S. Federal District Court of Northern Illinois (Case...
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Published: Mon, 28 Jul 2014 15:56:05 +0000

Talking Patent Litigation with Ray Niro

Ray Niro is one of the most well-known patent litigators in the country, and the attorney who was famously dubbed #8220;a patent troll#8221; some 14 years ago, marking the first time the term was used. See The Man They Call the Patent Troll. The label #8220;patent troll#8221; doesn#8217;t really fit Niro, if you ask me, because he hs [#8230;]
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Published: Mon, 28 Jul 2014 14:42:54 +0000

Crumbling CETA?: The Investor-State Dispute Settlement Rules Threaten to Take Down the Canada – EU Trade Agreement

On September 12, 2011, the Council of the European Union issued a 20-page press release that provided updates on the 3109th Council meeting. On page 13, there was single sentence on EU trade policy: The Council authorised the Commission, on behalf of the EU, to open negotiations on investment with Canada, India, and Singapore within the framework of the ongoing bilateral negotiations with these ...
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Published: Mon, 28 Jul 2014 14:33:00 GMT

BLOG: Company goes on patent attack just months after receiving financing from Fortress IP group

Back in February this blog ran a story about the IP Finance Group of Fortress making a $4 million loan to Andrea Electronics, secured against the companyrsquo;s patents. At the same time the group ndash; which is headed up by former RPX president Eran Zur ndash; paid $3 million to get an on-going stake in the audio electronics companyrsquo;s IP monetisation programme. Now, it seems, that programme...
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Published: Mon, 28 Jul 2014 14:31:00 +0000

Never too late! If you missed the IPKat last week ...

Here is the fourth in our weekly series of compilations by our good friend and former guest Kat Alberto who is currently endearing himself to all of us and incidentally making himself indispensable by summarising the feature posts (excluding the regular around-ups) that appeared on this weblog over the previous week. Newcomers to this blog (welcome!) and those who were busy last week can see what ...
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Published: Mon, 28 Jul 2014 12:00:49 +0000

Kappos Legacy and PTO-Academia Relations

Dave Kappos did more for PTO-academic relations than any other Commissioner or Director in the history of the Office. This is a true statement, but hardly does credit to his real contributions in this area. That’s for the simple reason that very few former leaders of the Patent Office had much if anything to do with academics. The bar was so low in fact that had Dave been merely cordial and refrai...
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Published: Mon, 28 Jul 2014 11:02:00 +0000

Daylight robbery, value for money and patent renewals: it's time to talk

The IPKat and Merpel regularly receive vast quantities of marketing literature. Much of it is plainly irrelevant to the content of an IP weblog and some of it, while relevant to the subject, is of insufficient interest or significance to mention to our readership. However, the following piece of marketing literature is not only relevant but a little cheeky, if not perhaps a bit offensive. In relev...
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Published: 2014-07-28T12:01:00.000+01:00

Gold bear wars reloaded

Author: Birgit Clark (Venner Shipley LLP, London) Higher Regional Court of Cologne (Oberlandesgericht Köln), Case ref: 6 U 230/12, 11 April 2014 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu128, first published online: July 16, 2014 Disagreeing with the first instance court, the Higher Regional Court of Cologne held that sweetmaker Lindt's three-dimensional gold...
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Published: Mon, 28 Jul 2014 10:11:16 +0000

Restricting Substantial Alterations to Trademark Applications at Pre-Registration Stage is Valid- CGPDTM

On 8th June 2012, the Trademarks Registry had issued certain Office orders pertaining to Pre-Registration Amendment of Trademark Application. The said order read, “No request for amendment shall be allowed which seeks substantial alteration in the registration of trademark”. This Order was challenged by the Intellectual Property Attorneys Association (IPAA). On 24th July this year, the Controller ...
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Published: 2014-07-27T23:38:13-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. GlaxoSmithKline LLC et al. v. Glenmark Generics Inc. USA 1:14-cv-00877; filed July 3, 2014 in the District Court of Delaware • Plaintiffs: GlaxoSmithKline LLC; SmithKline Beecham (Cork) Ltd. • Defendant: Glenmark Generics Inc. USA GlaxoSmithKline LLC et al. v. Teva Pharmaceuticals U...
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Published: 2014-07-27T23:21:08-05:00

Conference & CLE Calendar

July 30, 2014 - "Ask the Office: New Guidance on Functional Claiming" (American Bar Association Section of Intellectual Property Law) - 1:00 to 2:30 pm (ET) July 30, 2014 - "Alice Corp. v. CLS Bank: Patent Eligibility of Software-Related Inventions" (Strafford) - 1:00 to 2:30 pm (EDT) August 7, 2014 - "Battling Patent Trolls: Leveraging AIA, State and Federal Legislative Action, and Other Key Deve...
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Published: Sun, 27 Jul 2014 20:19:00 +0000

Eponia: a State of mind?

Practically independent already: the European Patent Office -- or is it now Eponia? "Scottish independence: Europeans with an eye on Edinburgh" is the title of an informative piece for the BBC website by Esther Webber who asks: "Voters will go to the polls in September to decide whether Scotland should become an independent country. But what other Europeans are pressing for independence and how c...
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Published: Sun, 27 Jul 2014 14:35:00 GMT

BLOG: Nokia's new technology boss will be under pressure to deliver big licensing boost

Nokia has appointed Ramzi Haidamus as president of its Technologies business. He will join the company at the start of September from Dolby, where he has worked for 17 years ndash; most recently at chief operating officer level. One of Haidamusrsquo; primary responsibilities will be to develop Nokiarsquo;s patent and technology licensing operations. He will be helped in this by the companyrsquo;s ...
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Published: Sun, 27 Jul 2014 13:00:31 +0000

Leason Ellis Continues to Fight Deceptive Trademark Practices

n a memorandum decision handed down July 2, 2014, by the U.S. District Court for the Southern District of New York, most of the plaintiff claims in case 7:13-cv-02880, Leason Ellis LLP v. Patent #038; Trademark Agency LLC have been allowed to proceed in the face of the defendant’s motion to dismiss. The multi-count Federal Complaint filed in April 2013 alleged that the defendants marketed their pr...
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Published: Sat, 26 Jul 2014 20:26:47 GMT

HP settles with Chubby Checker over manhood-length app

After the famous singer brought a lawsuit accusing a Palm app of trademark infringement, the two parties come to an agreement.
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Published: 2014-07-26T19:00:00.001+01:00

Go Mobile with the EPO on your holidays

Just in time for the summer break the EPO has brought forth its mobile site so you can keep in touch while away from your patent files. I was alerted to it by this tweet asking what I thought so I had to try it. First off I picked up the aged iPhone and browsed to www.epo.org and got the usual desktop site. I went back to the source material and read it again and this time I arrived at a nice clea...
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Published: Sat, 26 Jul 2014 14:12:12 +0000

Breaking the Cycle – Stand Up and Fight Patent Trolls

The term “patent troll” conjures up all kinds of images and ideas, but there is no universally accepted definition of who is a patent troll. This has lead many to recognize that, by and large, if you are being sued for patent infringement, it will likely be your belief that you are being sued by a [#8230;]
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Published: Sat, 26 Jul 2014 13:00:18 +0000

How Long Does a Patent Last?

Generally speaking, utility and plant patent applications filed on or after June 8, 1995, have a term that begins on the date the patent issues and ends on the date that is twenty years from the date on which the application for the patent was filed in the United States. If the application that ultimately issues contains a specific reference to an earlier filed US or international application, the...
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Published: Sat, 26 Jul 2014 11:00:03 GMT

Capturing history: a look at tech inventions during WWI (photos)

Getty Images digitizes tens of thousands of images from the Great War, which show everything from aircraft locked in aerial combat to the first torpedo launches.
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Published: 2014-07-25T23:55:00-05:00

ACI Paragraph IV Disputes Symposium

American Conference Institute (ACI) will be holding its 2nd Annual Paragraph IV Disputes master symposium from September 30 to October 1, 2014 in Chicago, IL. ACI faculty will provide insights into: • PTO Procedures utilization in a Hatch-Waxman scenario: IPR, reissue, and more; • Teva v. Sandoz and interim Markman strategies; • The surge in premature notice filings; • Federal Circuit and PTO disc...
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Published: 2014-07-25T23:53:12-05:00

Webinar on Alice Corp. v. CLS Bank

Technology Transfer Tactics will be offering a webinar entitled "Alice Corp. vs. CLS Bank: What’s Eligible, What’s Not, and What’s Still to be Determined?" on August 28, 2014 from 1:00 to 2:00 pm (ET). Patent Docs author Dr. Kevin E. Noonan and Patent Docs contributor Dr. Michael Borella of McDonnell Boehnen Hulbert amp; Berghoff LLP will offer insight and clarify the decision as well as the PTO's...
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Published: 2014-07-25T23:50:00-05:00

Webinar on battling Patent Trolls

Strafford will be offering a webinar/teleconference entitled "Battling Patent Trolls: Leveraging AIA, State and Federal Legislative Action, and Other Key Developments" on August 7, 2014 from 1:00 to 2:30 pm (EDT). Michael L. Kiklis and Scott A. McKeown of Oblon Spivak McClelland Maier amp; Neustadt will discuss recent developments and new tools to battle so-called patent trolls, including the Amer...
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Published: Fri, 25 Jul 2014 21:07:42 GMT

Bose sues Beats over patents on noise-canceling headphones

Bose says Beats' Studio and Studio Wireless headphones, soon to be owned by Apple, copy five of its patents.
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Published: Fri, 25 Jul 2014 20:44:55 +0000

Alice v. CLS Reality: PTO Pulling Back Notices of Allowance

Over the last several days I have heard of an alarming trend from the United States Patent and Trademark Office — Patent Examiners are canceling Notices of Allowance and yanking previously granted claims back into prosecution while citing the United States Supreme Court's ruling in Alice v. CLS Bank. In some instances granted claims are being pulled back into prosecution only to be rejected as lac...
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Published: Fri, 25 Jul 2014 20:28:55 GMT

Bose sues Beats over patents on noise-canceling headphones

Bose says Beats' Studio and Studio Wireless headphones copy five of its patents.
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Published: Fri, 25 Jul 2014 14:25:46 -0500

When is a Game a Clone?

Raph Koster has some musings on the topic of originality in games on his blog this week . He explores basic notions of games and their variants, looking at them from the point of view of rules and variants. This is kind of amusingly academic to someone like me, who is a major gamer, but remember that games and game clones have led more than a few people to be up in arms over intellectual property ...
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Published: Fri, 25 Jul 2014 17:48:01 +0000

Ignorance Is Not Bliss: Alice Corp. v. CLS Bank International*

With the Supreme Court’s most recent foray into the patent-eligibility world in Alice Corp. v. CLS Bank International, we now have a complete and utter disaster as to what data processing claims can (or more unfortunately cannot) survive scrutiny by Our Judicial Mount Olympus under 35 U.S.C. § 101. I once had respect for Justice Thomas’ view on patent law jurisprudence, having considered his subst...
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Published: Fri, 25 Jul 2014 17:46:16 +0000

Tesla Faces Renewed Trademark Trouble in China

Tesla#8217;s intellectual property is in the news again, but this time it#8217;s a trademark issue. A previous post reported on Tesla#8217;s trademark problem in China.  Evidently, a businessman named Zhan Baosheng had registered the TESLA (or “Te Si La” transliterated) trademark in China in 2006, in both English and Chinese. While Zhan#8217;s trademark rights initially [...]
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Published: Fri, 25 Jul 2014 17:39:27 GMT

Worst tech logos

Some of the most important names in tech started off with awful logos.
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Published: Fri, 25 Jul 2014 17:28:00 GMT

BLOG: For NPEs that know what they are doing the current patent environment is far from hostile

Acaciarsquo;s share price is heading north so far today after the NPE revealed its second quarter results yesterday and talked through them during a conference call with analysts. They showed the firm enjoying one of its best ever quarterly performances; one that, said CEO Matt Vella ldquo;bears testament to the high return on investment potential, time- and risk-adjusted, of Marquee portfoliosrdq...
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Published: Fri, 25 Jul 2014 16:33:00 +0000

Friday fantasies

Bogus bruin: more than the Cubs can "bear" Baseball team Chicago Cubs are reported to have filed a lawsuit against a group of five people who, they say, have been dressing in bogus "Billy Cub" mascot costumes, following which they are said to be participating in “inappropriate and unsavoury actions” in the vicinity of the Cubs' Wrigley Field stadium (thanks go to Lauren Somers of HGF for this lin...
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Published: Fri, 25 Jul 2014 14:47:00 +0000

When employee layoffs can spell trouble for your reputation

Does the public announcement of a large-scale lay-off of employees affect a company's goodwill and reputation? At a certain level, bad news about company may well affect consumer behaviour. This Kat admits that, a few years ago, he was dissuaded from buying a Blackberry mobile phone because of the announcements about the company's business difficulties, changes at the senior management level and s...
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Published: Fri, 25 Jul 2014 13:51:03 +0000

UK ISPs and Rights Holders Agree on Voluntary Notice-and-Notice Style Copyright System

Several years ago, the United Kingdom passed the controversial Digital Economy Act, which included provisions for disconnecting Internet users accused of repeat copyright infringement. That bill generated protests, but ultimately passed. The disconnection provisions never took effect, however, as they were the target of legal challenges. Now reports indicate that the copyright enforcement scheme h...
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Published: Fri, 25 Jul 2014 13:02:48 GMT

Xbox One to land at China Telecom in September

The country's third biggest mobile carrier has scored exclusive rights to sell Microsoft's game console.
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Published: 2014-07-25T06:00:00.000-07:00

University Won't Patent My Invention

It looks like I may have made a scientific breakthrough with definite commercial applications. The thing is the university patent office (who would own the work) is reluctant to start paperwork on it as they say a few patents have already been filed using similar "terms" and applications. The thing is, those ideas have been proven NOT to actually work, whereas I now have good solid data proving my...
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Published: Fri, 25 Jul 2014 12:55:00 GMT

BLOG: Why Taiwan’s companies may be sitting on an untapped goldmine

Taiwanrsquo;s National Applied Research Laboratories (NARLabs) launched an online database of telecommunications patents this week, with the hope that it will give companies based in the island a strategic edge in the marketplace, reports Want China Times.Named the Innovation Knowledge Platform, the database features translated and interpreted versions of 3,200 US patents and over 1,000 patent i...
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Published: Fri, 25 Jul 2014 09:55:34 +0000

“Growing Trend” That Bit Torrent Doe Defendants Need Not be Time-Related

TCYK, LLC, v. Does 1-44, No. 13 C 3825, Slip Op. (N.D. Ill. Feb. 20, 2014) (Dow J.). Judge Dow denied various Doe defendants’ motions to grant subpoenas to their respective ISPs in this BitTorrent copyright case involving the movie “The Company You Keep” with Robert Redford and Susan Sarandon.  Of particular note, the Court... Continue Reading
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Published: 2014-07-24T23:59:00-05:00

IPO Names Top 100 Patenting Universities

By Kevin E. Noonan -- The Intellectual Property Owners (IPO) recently published a list of the top 100 universities worldwide granted patents in 2013. As reported in the IP Record, these universities are: (foreign universities in bold) 62% of these universities are U.S. universities, with China (18%) being the foreign country with the largest number of patent-owning universities. U.S. universities ...
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Published: Thu, 24 Jul 2014 20:15:30 GMT

Foursquare enters a new era of dual identities

With a revamped app and logo, Foursquare focuses on local search and moves check-ins to the new Swarm app. Meanwhile, immerse yourself in the Sharknado experience with the help of the Philips Hue smart lightbulb.
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Published: Thu, 24 Jul 2014 19:35:00 GMT

BLOG: If only there had been NPEs when Bob Kearns was fighting the auto giants

To coincide with a redesigned website and an upcoming shift to a metered paywall, The New Yorker has opened up large parts its archive for the summer, including everything it has published since 2007. A few sites including Gizmodo.com and Slate.com have been quick to direct readers to some of the finest examples of long-form journalism from the last seven years that are now at their fingertips.T...
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Published: Thu, 24 Jul 2014 19:34:59 +0000

Little claims, big idea?

Originally posted 2012-09-10 06:00:26. Republished by Blog Post PromoterA major theme around here is the proposition that copyright law encourages litigation of even the most tenuous plaintiffs#8217; claims, mainly because of the rules regarding fee-shifting for #8220;prevailing#8221; parties.  Similarly there are claims that are not so tenuous, on the merits, but are nonetheless still economicall...
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Published: Thu, 24 Jul 2014 19:34:58 +0000

A Republican feint on copyright?

Originally posted 2012-11-20 19:02:10. Republished by Blog Post PromoterI tried, and perhaps had some success, in making the point right before the election that there were political #8212; as in policy, and as in electoral #8212; questions involving intellectual property that could be affected by the presidential election.  And maybe I was right! No one [...]
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Published: Thu, 24 Jul 2014 19:34:57 +0000

Politically incorrect trademarks, continued

Originally posted 2006-08-26 23:12:00. Republished by Blog Post PromoterBad feelings from (not so?) long ago get played out across the China Straits. Just how much should trademark registration reflect personal, national, or ethnic sensibilities? This question continues to linger.  But not in China. UPDATE:  Looking for a post about the TTAB#8217;s Redskins decision maybe?
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Published: Thu, 24 Jul 2014 19:34:54 +0000

The Garden State Parkway and government trademarks: What exit?

@RonColeman @likely2confuse Can you opine on this one: http://t.co/NTwO0K6XzH — Keith Kaplan (@kkaplan) July 24, 2014 So, yes:  One of my many continuing series around here has long been the assertion of trademark rights by political subdivisions and agencies in stuff that they#8217;re supposed to just do.  These include: The FBI#8217;s official seal; The WORLD TRADE [...]
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Published: Thu, 24 Jul 2014 19:30:00 +0000

Survey evidence: Mystery Morgan brings parrot back from the dead

This Kat's email inbox has been building up all day with excited missives about the fact that an endangered species, indeed one that was thought at one stage to be extinct, has been found lurking in a London Community Trade Mark Court. It was there that one of the jurisdiction's most rare and recondite intellectual property judges -- Mr Justice Morgan [a High Court judge since 2007 and mysteriousl...
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Published: Thu, 24 Jul 2014 17:51:00 +0000

When the Writ Hits the Phan

Making YouTube videos for a living or as a hobby is a growing phenomenon. You can delve into the lives of “beauty gurus” or watch tutorials on just about everything from cooking help to how to make rainbow loom bracelets . While creating new content does not raise problems, using songs protected by copyright can land you into trouble as Michelle Phan has just discovered. Ms Phan, a YouTube entrepr...
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Published: 2014-07-24T06:00:00.000-07:00

Sold Original Painting: Who Gets Copyright?

Dear Rich: Is it possible to sell an original painting and keep ownership at the same time? For example, if I sell the original to someone and later contract for the work to be used in another area of entertainment, could I maintain ownership of work? Unless an artist has signed a written agreement assigning copyright to the buyer or establishing a work for hire agreeement , the artist retains cop...
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Published: Thu, 24 Jul 2014 12:05:00 GMT

BLOG: The new UPC regime is not yet in place, but all patent-related deals in the EU must factor it in

Because they remain unclear the transitional provisions relating to the forthcoming EU unitary patent and Unified Patent Court (UPC) are fraught with potential dangers. However, the practical exercise of the opt-out that the provisions envisage is in theory extremely simple: if you do not want your existing patents to be litigated under the UPC, you can register that fact and they will continue to...
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Published: Thu, 24 Jul 2014 12:00:35 +0000

A Patent History of Filmmaking

The history of film is a long one that, by some accounts, extends as far back as the early 1700s and the discovery by German physicist Johann Heinrich Schulze that silver salts react to light exposure by becoming darker in color. By the late 1800s, celluloid film had appeared and the ability to record motion pictures through a camera had become a reality. Indeed, it was none other than George East...
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Published: Thu, 24 Jul 2014 10:27:00 +0000

EU copyright Public Consultation responses Katseries #2: linking and browsing

As reported by this very blog, yesterday afternoon the Directorate General for Internal Market and Services of the European Commission released its Report on the 9,500 responses to the Public Consultation on the Review of EU Copyright Rules [ here and here ] . The first episode of a special Katseries on the analysis of the main points of the Report was broadcast yesterday. It focused on some ...
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Published: Thu, 24 Jul 2014 10:00:00 +0000

Comic relief? Glee Club remedies step into the limelight

Twentieth Century Cats: a fox-free chorus line ... "Glee" is a word that suggests happiness and pleasure to many, but which has caused the occasional judicial brow to furrow. Last year Mr Justice Birss concluded that there is "no material difference between joy and glee" here . Unsurprisingly therefore, another judge has found that there's not so much difference between glee and glee. The case in...
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Published: Thu, 24 Jul 2014 08:39:57 +0000

People Interactive (I) Pvt. Ltd. v. Gaurav Jerry & ors.

On July 7th, a single-judge Bench of Bombay High Court passed a unique order in a case involving domain name dispute. This case is important for the reason that it is the first time that a Court in India has defined ‘meta-tagging’ and also held that it is not necessary for the plaintiffs to seek leave under Clause XIV of the Letters Patent where the website is interactive in nature. The plaintiff,...
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Published: Thu, 24 Jul 2014 08:05:38 +0000

Preliminary Injunction Entered After Texas Federal Court Concludes That Ex-Employee “Inevitably” Will Disclose His Former Employer’s Trade Secrets

An employee entered into non-compete and confidentiality agreements with his employer.  Following his resignation from that company, he went to work for a competitor.  His job functions and territory with both employers were similar.  In a suit for violation of the non-compete and confidentiality agreements, a Texas federal court held recently that #8212; absent an injunction #8212; disclosure to ...
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Published: Thu, 24 Jul 2014 08:00:06 GMT

Tomb Raider devs' indie move: Order of Souls

A group of former Eidos and Ubisoft devs have gone rogue, creating their own indie studio and a brand new game designed to bring a full RPG experience to mobile.
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Published: Thu, 24 Jul 2014 05:45:43 GMT

Xiaomi's global VP Hugo Barra says designing around current products is 'stupid'

In response to claims that the new Mi 4 copied the iPhone, Barra called out a "flawed" patent system for hindering innovation in the market.
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Published: 2014-07-23T23:59:00-05:00

Stewart Title Guaranty Co. v. Segin Software, LLC (PTAB 2014)

By Michael Borella -- On April 12, 2013, Segin Software sued Stewart Title and several other parties for infringement of U.S. Patent No. 8,165,939. The defendants filed a petition with the U.S. Patent and Trademark Office requesting post-grant review of claims 1-10 of the '939 patent under the Office's transitional program for covered business method patents. Among other deficiencies, Stewart Titl...
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Published: Thu, 24 Jul 2014 03:30:33 GMT

Foursquare gets personal with local search and new logo

The social media check-in app introduces new features that will give users personalized suggestions that are "all about you."
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Published: Wed, 23 Jul 2014 21:50:00 +0000

Wednesday whimsies

Around the weblogs. Over on the increasingly busy SOLO IP blog, IPKat team member contrasts the fortunes of IP practitioners in small practices with those of medical practitioners: which has had the better deal over the past few decades? Having survived a brief flurry of comments as to the distinction between liqueur and liquor , Class 46's Laetitia introduces us to the HEATSTRIP dispute, in which...
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Published: Wed, 23 Jul 2014 19:20:39 +0000

Does Idaho need a Patent and Trademark Resource Center?

Did you know that there are currently three (3) U.S. states which do not have a Patent and Trademark Resource Center (PTRC) (f/k/a Patent and Trademark Depository Libraries (PTDL)). The states: Idaho, New Mexico, and Oregon. That list may soon change. Per an email I received today: Albertsons Library at Boise State University is investigating the [#8230;]
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Published: Wed, 23 Jul 2014 18:22:43 +0000

Seyfarth to Host Webinar on International Trade Secrets and Non-Compete Law

When the Walt Disney Company built the “It’s a Small World” ® ride for the New York World’s Fair in 1964, they probably had no idea of the challenges that globalization could pose 50 years later. From cases involving the sale of stolen trade secrets to foreign companies to departing employees setting up competing business in different jurisdictions , many #8230; Continue Reading
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Published: Wed, 23 Jul 2014 17:36:00 +0000

BREAKING: Report on responses to Public Consultation on EU copyright now available

KAT-EXCLUSIVE: One of the many messages that reached the Commission during the time of the Consultation As this blog reported a few days ago, there were rumours that, whilst publication of the White Paper on EU copyright had been indefinitely delayed at least until September [with t he current Commission's term of office running until 31 October 2014] , before the summer break there would have b...
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Published: Wed, 23 Jul 2014 14:28:00 +0000

Distasteful -- or worse? Trade mark registration, morality and public sentiment

The IPKat received earlier today an email from Alan Clarke ( Clarke IP Ltd ), who writes: "You may be interested to hear of this extremely distasteful (alleged - I've not checked any facts) attempt to register trade marks for the flight numbers of the two downed Malaysian Airlines jets - the recent Ukrainian incident, and the mysterious disappearance of flight MH.370. The quote below comes from th...
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Published: 2014-07-23T06:00:00.000-07:00

Wants to Use 1970s UK Public Service Films

Dear Rich: I was hoping to use sections of the script/narration from a series of UK Public information films from the 1970’s as one visual element in my original artwork. The lines are either a short sentence or part of a sentence (no more than 12 words in one piece or work), and the artwork will be sold in a very limited print run. We think you can use the material without seeking permission. Eve...
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Published: Wed, 23 Jul 2014 12:00:44 +0000

Inside Intel’s Intellectually Dubious Patent Study

Instead Intel focuses on the potential evils of royalty stacking without at all acknowledging that market values for validly patented technologies exist because these technologies improve a standard and strengthen an industry that uses the standard. Intel notes that U.S. judges in some cases have made determinations on the value of specific FRAND royalties less than those sought by inventing compa...
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Published: 2014-07-23T11:10:00.003+01:00

Medicine or IP: which was the better choice for the small-scale practitioner?

I was chatting to a friend last night who is a medical practitioner in general practice, together with a couple of partners. He was lamenting the way his work has changed over the past thirty or so years since he qualified. Back in the 1970s and 1980s, doctors were still quite involved in the process of diagnosis and treatment of their patients. They had the benefit of both education and training,...
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Published: Wed, 23 Jul 2014 08:25:00 +0000

Italian court says that Wikipedia cannot be responsible for third party content

Earlier this month the Tribunale di Roma (Rome District Court) had some say on the liability of hosting providers for third party content. It was not an IP case, but rather a slander/defamation one, and concerned the Italian version of the Wikipedia pages dedicated to Italian entrepreneur and politician Antonio Angelucci [the page is still inaccessible on grounds of an earlier interim injuncti...
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Published: 2014-07-22T23:59:00-05:00

IPR Update -- The First Pharma IPR Decisions

By Andrew Williams -- Late last month, while many of us were getting ready to attend the BIO International Convention in San Diego, the Patent Trial and Appeal Board ("Board") issued four related inter partes review opinions, marking what many have called the first set of opinions related to the Pharmaceutical industry. These cases, which were issued on June 20, 2014, were IPR2013-00116, IPR2013-0...
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Published: Wed, 23 Jul 2014 00:00:00 GMT

REPORT: Aspects of preliminary injunction proceedings in Germany

Preliminary injunctions are an important remedy in the German legal system. While they have frequently been used in clear-cut unfair competition cases, the courts have also started to make this remedy readily available to patent and even utility model owners. In such cases, the main problem is usually proving the validity of the patent or utility model with sufficient certainty.
Read more
Published: Wed, 23 Jul 2014 00:00:00 GMT

REPORT: Should High stay for EPO? Actavis and Pharmacia clash in the High Court

The Patents Court of the High Court of England and Wales has refused a request by patentee Pharmacia for a stay of UK revocation proceedings brought by Actavis pending the outcome of opposition proceedings at the European Patent Office (EPO). This decision applies recent Court of Appeal guidance as to when UK proceedings should be stayed pending the outcome of EPO opposition proceedings.
Read more
Published: Wed, 23 Jul 2014 00:00:00 GMT

REPORT: Filing requirements for sound marks clarified

Sound marks are registrable in China pursuant to the new Trademark Law, which took effect on May 1 2014. The new Trademark Implementation Regulations have clarified the filing requirements. In order to register a sound mark, the applicant must fulfil certain requirements.
Read more
Published: Wed, 23 Jul 2014 00:00:00 GMT

REPORT: End of the road: BP runs out of fuel in long-running attempt to register green as trademark

IP Australia has refused a long-running application by oil giant BP to register the colour green as a trademark in relation to vehicle service stations. The decision comes more than 12 years after BP filed its trademark application. However, it is unlikely that the outcome will surprise many, given BP’s past failed attempts to register green trademarks in Australia.
Read more
Published: Wed, 23 Jul 2014 00:00:00 GMT

REPORT: The deer makes the difference: autonomous protection for each part of composite mark

In a recently published decision the Supreme Court ruled that for a composite mark consisting of two autonomously distinctive elements, the imitation of one element amounts to an imitation of the trademark as a whole. The court recognised the risk of confusion between the composite marks of appellant Mast Jägermeister AG and appellee Zwack Unicum.
Read more
Published: Wed, 23 Jul 2014 00:00:00 GMT

REPORT: Protecting the valuable Dutch dance music industry

The Dutch dance music industry is worth more than €500 million a year and has become an important export product. However, in order to continue being successful and to protect innovations against infringement by third parties wishing to piggyback on that success, DJs and festival and event organisers need to have registered, legally strong trademarks.
Read more
Published: Tue, 22 Jul 2014 21:27:00 +0000

U.S. Representatives Hear about Droit de Suite and Droit Moral

This portfolio should be enough to put you through college, my son The U.S. House of Representatives Subcommittee on Courts, Intellectual Property and the Internet, held a Hearing on July 15 on “ Moral Rights, Termination Rights, Resale Royalty, and Copyright Term .” I jumped at the opportunity to write about it, as the hearing gave me a chance to pepper my post with famous French copyright expre...
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Published: Tue, 22 Jul 2014 18:45:58 +0000

Jay Walker Licensing Program Takes Shape

Jay Walker has been in the news over the last several months. But it hasn#8217;t been because of his large patent portfolio, or as the result of his status as the founder of Priceline.com. Instead, it is as the result of a new endeavor he is behind called Patent Properties. But what is Patent Properties? [#8230;]
Read more
Published: Tue, 22 Jul 2014 17:14:41 +0000

Welcome back to winter, confusion

Originally posted 2006-11-26 11:56:07. Republished by Blog Post PromoterNow that the Macy*s Thanksgiving Day Parade ® #8212; yes, that#8217;s a registered trademark #8212; has completed its mawkish coup de grâce on the warm season, perhaps in return we will merit a thaw in the stream of IP-related news that has settled over my little piece [...]
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Published: Tue, 22 Jul 2014 17:14:34 +0000

Aereo, FilmOn, and the “Shimmer” of maybe-unlawfully-clever digital entertainment delivery

Those of you of a certain age will remember the classic SNL parody commercial for #8220;New Shimmer#8220;: It#8217;s kind of the same thing with Aereo, isn#8217;t it?  As I said in my now-legendary-in-my-own-mind multi-part post, every next judge presented with the relevant inquiries in the Aereo case #8212; i.e., the application of terms in the Copyright [...]
Read more
Published: Tue, 22 Jul 2014 15:56:00 GMT

BLOG: At last, trading on the IPXI platform can begin

Six years after it officially launched, IPXI yesterday announced the closure last Friday of its first two offerings involving two tranches of patent assets from JP Morgan. Last October the patent exchange revealed that it was offering potential investors and licensees the opportunity to buy unit license rights (ULRs) covering the patents. The buyers of ULRs, which are akin to shares in a tradition...
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Published: Tue, 22 Jul 2014 15:10:31 GMT

Now that's clever: Check out these everyday items reimagined to change lives

A never-ending fire extinguisher, an inflatable incubator and many more life-saving and life-changing inventions are vying for this year's James Dyson Award.
Read more
Published: Tue, 22 Jul 2014 14:45:46 GMT

Apple scores patent for 'wrist-worn electronic device'

The new patent highlights a device referred to as "iTime" that comes with built-in sensors and can connect with mobile phones.
Read more
Published: Tue, 22 Jul 2014 12:51:51 +0000

SpicyIP Weekly Review (14th July to 20th July)

The week started with quite an interesting development – Merck and Glenmark were to mediate in the Januvia (Sitagliptin) patent infringement case. Madhulika reported on this, her post covering a brief history of the dispute, as well as making an important observation as to the trend of mediation being in vogue in patent cases. The other similar example that she points to is the Roche-Cipla case. S...
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Published: Tue, 22 Jul 2014 12:00:52 +0000

Intel Patent Review: Wide Ranging Multimedia Innovation

Our survey of the patent applications assigned to Intel and published recently by the USPTO showed us a variety of intriguing multimedia and data services for electronic device owners. A couple of patent applications discuss means for sharing of content across devices, both between multiple devices with a single owner and across peer-to-peer networks. Another patent application discloses a technol...
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Published: Tue, 22 Jul 2014 11:57:00 +0000

AG Villalón's parthenotes Opinion in IMC could provide stem cell research certainty (at least for now...)

Now only if we could clone Kats.... Following from the IPKat's alert last week of the Advocate General's Opinion in the reference from Henry Carr QC (sitting as Deputy Judge of the High Court) [not Mr Justice Arnold, as previously indicated] in International Stem Cell Corporation v Comptroller General of Patents, Shohta Ueno , Associate with Allen amp; Overy's IP Litigation team in London, helpf...
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Published: Tue, 22 Jul 2014 11:21:00 GMT

BLOG: China needs more patent agents, but as always quality is the big challenge

The number of individuals sitting Chinarsquo;s patent agent examination has increased by 26.4% in the last year, according to recently released statistics from the countryrsquo;s State IP Office (SIPO). In 2014, 29,364 hopefuls will take the exam, the highest number since the qualification system was established. The SIPO statistics further state that 16,817 ndash; 57.3% of the total ndash; are fi...
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Published: Tue, 22 Jul 2014 10:22:13 +0000

SpicyIP Event: Nominations Declared For IP Awards – Premier IPR Conclave 2014, Mumbai

We’re happy to bring you news of the 3rd Annual Legal Era IPR Conclave #38; Awards on “IPR: Global Innovation and Growth”! “With an aim to strike a balance between global and economic growth and public policy LegalEra presents you with IPR Conclave #38; Awards 2014, a unique forum on Intellectual Property Rights which involves discussions from creative as well as business and legal perspectives.” ...
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Published: Tue, 22 Jul 2014 09:53:12 +0000

Modifying the Innovation Act to Selectively Target the Patent Troll Problem

The following is a blog post by Varun Shah, Aruba Network#8217;s Director, Intellectual Property #8212; full disclosure, I previously represented Aruba.  Shah has an interesting alternative patent reform proposal that seeks to target the patent troll problem.  It is interesting because it is under-inclusive.  On the one hand, that is less than ideal because it... Continue Reading
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Published: Tue, 22 Jul 2014 09:29:00 +0000

Tuesday tiddlywinks

This Kat has recently heard from his friends at Coller IP that they've been busily preparing a report, "3D Bioprinting of human transpant organs – A patent landscape", that might be of major interest to many readers of this weblog. It's the fruit of a work experience project undertaken by Mohsan Alvi and Matthew Duckett, under the supervision of Robert Gleave, and you can read it here . It's 42 pa...
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Published: 2014-07-21T23:52:16-05:00

USPTO Seeks Public Input on Application Pendency

By Donald Zuhn -- Earlier this month, the U.S. Patent and Trademark Office published a notice in the Federal Register (79 Fed. Reg. 38854) requesting comments from the public regarding optimal patent first action and total pendency target levels. The Office noted that the current targets for first action and total pendency, which were established with stakeholder input in the USPTO 2010–2015 Strat...
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Published: Mon, 21 Jul 2014 17:56:00 GMT

BLOG: ICAP indicates financial services may be a coming area for IP market makers

ICAP Patent Brokerage has announced it is holding a patent auction in October focused on the financial services sector. It will be the first that ICAP has held specifically involving assets in this field. The sale will take place as a live online auction on October 23, but sealed bids will be accepted in the days leading up to the sale. It is expected the auction will include around 25 portfolios ...
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Published: Mon, 21 Jul 2014 17:32:00 +0000

Precedent III - is it res judicata?

This is the third and, the IPKat expects, final post in this reflective series considering the role of “precedent” at the European Patent Office (EPO). The previous two posts ( here and here ) have attracted considerable comment, much of which is worthwhile reading. There is however always more to say and an aspect that has not so far been covered, although it has arisen in some of the comments, i...
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Published: 2014-07-21T18:32:00.001+01:00

Sri Lankan Court of Appeal balances tobacco trade mark rights and the promotion of public health

Author: Althaf Marsoof (King's College London, London, UK) Ceylon Tobacco Company PLC v Hon Maithripala Sirisena, Minister of Health and others, CA 336/2012 (Writ), Court of Appeal, Sri Lanka, 12 May 2014 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu131, first published online: July 16, 2014 The Sri Lankan Court of Appeal refused an application made by the Ceylo...
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Published: Mon, 21 Jul 2014 15:23:35 +0000

Wattpad upgrades to Version 4.0 of CC licenses

Fiction-writing community Wattpad has upgraded to the Creative Commons Version 4.0 licenses and unveiled several improvements to its CC implementation. As of today, there are 300,000 CC-licensed stories on Wattpad, making this one of the largest adoptions of Version 4.0 to date. From the press release: (72 KB PDF) #8220;The biggest question facing new writers [#8230;]
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Published: Mon, 21 Jul 2014 14:00:52 +0000

Promoting Innovation: The Economics of Incentives

Innovation is a powerful economic force and driver of both development and prosperity. Yet the Supreme Court’s recent decisions undermine the incentives to innovate in areas critical to future U.S. economic growth… Incentives are essential to innovation due to the expense of research and development activities, and the public-goods nature of the resulting knowledge… Empirical evidence from economi...
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Published: 2014-07-21T06:00:00.000-07:00

Am I Infringing My Client's Newsletter?

Dear Rich: 1) I am an Independent Contractor and web/graphic designer, and my client thinks that I have appropriately shared proprietary information. Do electronic newsletters constitute proprietary information? 2) I forwarded several emails newsletters at the request of a former employee and friend with whom I had collaborated on the newsletter design. Did I unlawfully share a proprietary work? 3...
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Published: Mon, 21 Jul 2014 12:56:00 +0000

Italian court says that YouTube’s Content ID should be used to block allegedly infringing contents

A couple of months ago this blog reported that the Tribunale di Torino (Turin District Court) had rejected an application for an interim injunction brought by Delta TV in the context of proceedings between this and Google and YouTube. As readers might recall, Delta TV produces and markets TV programs, and holds the economic rights to a number of South American soap operas for a number of terri...
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Published: Mon, 21 Jul 2014 10:28:00 +0000

Never too late! If you missed the IPKat last week ...

Here is the third in our weekly series of compilations by our good friend and former guest Kat Alberto which list and briefly summarise the feature posts (excluding the regular around-ups) that have appeared on this weblog over the previous week and which readers who were sunning themselves on the beach , absent or too busy can see what they missed and decide conveniently for themselves what they ...
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Published: Mon, 21 Jul 2014 09:57:09 +0000

Patent Claims Dismissed for Lack of Ownership

Rehco, LLC v. Spin Master, Ltd., No. 13 C 2245, Slip Op. (N.D. Ill. Mar. 17, 2014) (Leinenweber, J.). Judge Leinenweber granted defendant Spin Master#8217;s motion to dismiss plaintiff Rehco#8217;s patent infringement claim related to a toy airplane, granted in part Spin Master#8217;s motion to strike and granted Rehco#8217;s motion to strike.  As an initial... Continue Reading
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Published: Mon, 21 Jul 2014 09:09:00 +0000

John Allen (1970-2014)

It is with great sadness that the IPKat has learned of the untimely death of a popular member of the intellectual property community, NautaDutilh partner John Allen. The firm's website this morning states thus : "We were shocked to learn that our much-loved colleague John Allen, his wife Sandra and their sons Christopher, Julian and Ian were on board the Malaysia Airlines flight on route to Kuala ...
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Published: 2014-07-21T09:51:00.000+01:00

Picture yourself at ... the mercy of LinkedIn

As the moderator of a couple of LinkedIn discussion groups, I find myself logging on to LinkedIn on a regular basis. Indeed, between approving new members, moderating comments and deleting attempts to post commercial marketing and other unwanted content, I find myself on LinkedIn far more often than on Facebook or other social media. Picture Yourself at Freshfields Bruckhaus Deringer Jeremy Ph...
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Published: 2014-07-20T23:41:32-05:00

Conference & CLE Calendar

July 20-22, 2014 - 2014 Annual Meeting amp; Conference (National Association of Patent Practitioners) - Alexandria, Virginia July 22, 2014 - "America Invents Act: Patent Strategies and Reforms Counsel Needs to Know" (Commercial Law WebAdvisor) - 1:00 to 2:30 pm (Eastern) July 23, 2014 - "Inter Partes Reviews of Pharmaceutical Patents: Understanding How IPRs are Changing the Landscape of Innovator/...
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Published: 2014-07-20T23:38:19-05:00

IPO Webinar on Inter Partes Reviews of Pharmaceutical Patents

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Inter Partes Reviews of Pharmaceutical Patents: Understanding How IPRs are Changing the Landscape of Innovator/Generic Litigation" on July 23, 2014 beginning at 2:00 pm (ET). Paul Golian of Bristol-Myers Squibb Co. will moderate a panel consisting of Aaron Barkoff of McAndrews, Held amp; Malloy, Ltd.; Grantl...
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Published: Sun, 20 Jul 2014 12:00:41 +0000

Ray Niro on Patent Trolls, Obama Administration and SCOTUS

Ray Niro: "The Administration has become a shill for Google — you even have a Google person running the Patent Office. So you have a situation where any number of patents, tens of thousands of patents, are going to be affected by Alice and also by the Limelight decision on split infringement."
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Published: Sun, 20 Jul 2014 11:23:00 GMT

BLOG: If US patent reformers are successful they will create a regime that only benefits the big boys

Over on the IP Watchdog blog Gene Quinn has published a fascinating interview with Ray Niro, one of the USrsquo;s leading patent litigators and the senior partner of a firm that has won a particularly strong reputation for winning big awards for its clients ndash; many of which are non-practising entities. Because of the types of client that Niro represents a lot of people do not like him or his f...
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Published: Sat, 19 Jul 2014 15:56:07 +0000

What is Intellectual Property?

Generally speaking, "intellectual property" is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance b...
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Published: Sat, 19 Jul 2014 13:11:00 +0000

Does anyone fancy some McFashion?

In case you haven’t seen it yet, Moschino’s Autumn/Winter 2014 Collection includes a big portion of McDonald’s inspired items. It is comprised of French fries phone covers, a Happy Meal box handbag and a soft drink cup handbag amongst others. McDonald’s is the world’s largest restaurant chain and its golden arches are one of the most recognised logos in the world, indicating the value of its inte...
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Published: Sat, 19 Jul 2014 10:49:46 +0000

Well-known Trademark in China (2014): No Longer Unknown, But Still Unloved?

#160; #160; By Danny Friedmann #160; The Third Amendment to the Trademark Law, which, together with the revised Trademark Regulations, came into effect May 1st, 2014, in combination with the Well-known Trademark Recognition and Protection Regulations stipulated by the State Administration for Industry and Commerce (SAIC), came into effect on May 17, 2014, will clarify among [#8230;]
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Published: 2014-07-18T22:50:32-05:00

IPO Annual Meeting

The Intellectual Property Owners Association (IPO) will be holding its 42nd Annual Meeting on September 7-9, 2014 in Vancouver, Canada. Among the presentations being offered at the annual meeting are: • Recent U.S. Supreme Court Patent Case Law Update • America Invents Act (AIA) Trial Proceedings • Intellectual Property Valuation -- A Case Study • Implementation of Section 101: Alice v. CLS Bank, ...
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Published: Fri, 18 Jul 2014 21:28:54 GMT

The 404 1,527: Where we become the snake (podcast)

A long goodbye to the Nokia legacy phones of the pass, the secret passwords to get HBO without cable TV, the UK cracks down on public porn, and Amazon's brand new Kindle Unlimited plan.
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Published: Fri, 18 Jul 2014 20:18:15 GMT

The 404 1,527: Where we become the snake

A long goodbye to the Nokia legacy phones of the past, the secret passwords to get HBO without cable TV, the UK cracks down on public porn, and Amazon's brand new Kindle Unlimited plan.
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Published: Fri, 18 Jul 2014 12:46:25 -0500

Deadly Effects of Unaffordable Medicines (TPP)

On the eve of the next round of secret talks on the festering pushole that is the TPP - the trade treaty so secret it can only be seen the by the multinational corporations that are writing it - MSF is once again attempting to encourage some variant of sanity . As I've written before, MSF/Doctors Without Borders is opposed to the TPP provisions that promote patent protection over human protecti...
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Published: Fri, 18 Jul 2014 17:36:57 GMT

Airplane saddle seats make coach look like luxury class

Airbus has applied for a patent for a fold-down saddle seat that could really cram extra people into an airplane.
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Published: Fri, 18 Jul 2014 17:35:00 GMT

BLOG: Survey predicts big jump in IP litigation settlements

It seems that this is the survey season for the IP world. After Lex Machinarsquo;s debut damages report in June (as well as its first annual patent litigation report released in May) and PwCrsquo;s patent litigation survey published earlier this month, BTI consulting has issued its own analysis of the IP market. There are a couple of points in the BTI study that are worth highlighting.The genera...
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Published: Fri, 18 Jul 2014 17:25:14 +0000

The Duke and Duke Duke It Out In Trademark Rowe

Clearly there is no love lost between John Wayne Enterprises, LLC (“JWE”), the entity owned by John Wayne’s heirs which controls the intellectual property related to of John Wayne, and Duke University.   Both have have been locked in battle over various trademarks incorporating the word DUKE.  The most recent skirmish involves a trademark application filed... Continue Reading
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Published: Fri, 18 Jul 2014 15:57:00 +0000

FieldScripts: a tale of prescriptive farming, digital disruption and sub-optimal trust

You can beg all you like: it's all but impossible to repair a sub-optimal level of trust ... All too often, we in the IP world forget about the centrality of trust in the successful exploitation of even world-class innovation. However cutting-edge the technology, and no matter how effective is the larger ecosystem at successfully commercializing these developments, a sub-optimal level of trust be...
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Published: Fri, 18 Jul 2014 14:26:00 GMT

BLOG: Europe’s UPC transitional provisions mess means complete uncertainty for one and all

We learned last week from Bristows partner Alan Johnson that the transitional provisions relating to Europersquo;s forthcoming Unified Patent Court (UPC) regime are something of a mess. This week, we find out that things could be even worse than previously explained.Basically, at this stage no patent owner in Europe ndash; actual or prospective ndash; can plan with any certainty, because as yet ...
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Published: 2014-07-18T15:21:00.000+01:00

When being 816th just isn't good enough: a response from Who's Who Legal

At the beginning of May I posted an item on this weblog, "Unqualified praise: when being 816th just isn't good enough", which commented on an email which I had received from a publication called Who's Who Legal . It read, in relevant part: "I am one of a large number of people -- 815, to be precise -- who will by now have received a letter from the Market Manager of Who's Who Legal (WWL). This let...
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Published: Fri, 18 Jul 2014 14:00:01 +0000

Ray Niro Discusses Fee Shifting in Patent Litigation

Recently I interviewed Ray Niro. Our wide ranging discussion touched on all things patent, we first discussed the announcement that Niro, Haller #038; Niro is now doing patent infringement defense on a flat fee basis. We wrap up our discussion of this new defense business model for the patent litigation industry below. We then transition into a discussion about fee shifting in patent litigation, f...
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Published: Fri, 18 Jul 2014 13:26:30 +0000

Notice the Difference: Canada’s Internet Provider Notice-and-Notice Rules and the TPP

Last week, negotiators from around the world gathered in Ottawa for negotiations on the Trans Pacific Partnership agreement . I was fortunate to be asked to meet with many of the intellectual property negotiators as part of a side session sponsored by the Electronic Frontier Foundation on the copyright implications of the agreement.  EFF's Jeremy Malcolm and Maira Sutton write about the event here...
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Published: Fri, 18 Jul 2014 12:00:30 +0000

Xerox Patent App: Method of Obtaining Support for Authors from Investors

We start today’s column with an exploration of our featured patent application, which would protect a method of obtaining better crowdfunding investment for independent authors, software developers and more. The system it describes would allow user feedback to create rating for a content, and give investors a mechanism for funding the marketing of a highly rated content. Other patent applications ...
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Published: Fri, 18 Jul 2014 11:34:00 +0000

Friday fantasies

Several fresh events have been added to the IPKat's Forthcoming Events page , including a good number that offer discounts on the registration fee in respect of IPKat weblog readers (special offers are usually easy to spot, since they tend to be in bold red text ). Do check the list from time to time and see if anything takes your fancy! Younger no more. A big katpat goes to Serena Tierney (head...
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Published: Fri, 18 Jul 2014 11:20:00 +0000

Green paper consultation on GIs, plus an update on Nico's "trophy" helmet

The European Commission has this week launched a Green Paper consultation on a potential extension of geographical indication (aka 'GI') protection to non-agricultural products.  This Kat finds this quite an interesting issue which the European Commission's press release of 15 July 2014 summarises the issue neatly as follows: " Agricultural products (e.g. cheeses, wines, meats, fruits and veget...
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Published: Fri, 18 Jul 2014 08:31:00 +0000

fieldscripts, monsanto

All too often, we in the IP world forget about the centrality of trust in the successful exploitation of even world-class innovation. However cutting-edge the technology, and no matter how effective is the larger ecosystem to successfully commercialize these developments, a sub-optimal level of trust between the parties can lead to the result where the opportunities for win-win are significantly l...
Read more
Published: Fri, 18 Jul 2014 08:24:00 +0000

Two Community trade mark appeals head for the CJEU: do you want to have a say?

Following an adverse ruling by the General Court in Case T-221/12 , Sunrider has launched an appeal to the Court of Justice of the European Union in what is now renumbered as Case C-142/14 P The Sunrider Corporation v OHIM . At stake is the question whether Nannerl's SUN FRESH mark can be registered as a Community trade mark for beers, fizzy drinks and other beverages in the face of an opposition ...
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Published: Fri, 18 Jul 2014 08:14:00 GMT

BLOG: The US economy benefits from China’s adventurous approach to IP financing

Quanlin Paper is to invest around US$2 billion in building a new paper mill complex in the US state of Virginia. According to the Governor of Virginiarsquo;s office, Quanlinrsquo;s investment amounts to the largest ever greenfield development project in the United States, and is slated to lead to the creation of 2,000 jobs by 2020.Quanlin ndash; also known as Tralin Paper and Tranlin Paper ndash...
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Published: 2014-07-17T23:59:00-05:00

House Tries One More Time: Targeting Rouge and Opaque Letters Act of 2014 ("TROL Act")

By Andrew Williams -- U.S. Representative Lee Terry (R-NE) opened a recent subcommittee meeting by quoting Thomas Edison: "The most certain way to succeed is to try one more time." The occasion was the meeting of the House's Energy and Commerce Committee's Subcommittee on Commerce, Manufacturing and Trade, for which Rep. Terry is the Chair. Specifically, the subcommittee was marking-up Rep. Terry'...
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Published: Thu, 17 Jul 2014 21:51:00 +0000

Reber's chocolate dancing dream ends in meltdown

When life is hard and one's daily tasks are tiresome , what better tonic is there than a bit of chocolate? This Kat can't actually offer you any, but the next best thing is a guest post from Katfriend and occasional contributor Valentina Torelli on a ruling from Europe's top court today on a trade mark for chocolate. This decision establishes, among other things, that when it comes to assessing wh...
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Published: 2014-07-17T20:13:57Z

US Man Sentenced to Jail for Stealing Trade Secrets and Selling them to China

By Paul Elias A Federal judge sentenced a Walnut Creek chemical engineer to 15 years in prison and fined him $28 million after his rare economic-espionage conviction for selling China the technology that creates a white pigment. U.S. District Court...
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Published: Thu, 17 Jul 2014 19:44:01 GMT

The 404 1,526: Where we got your nose (podcast)

A Craigslist for the filthy rich, hidden mics in your city, the future of wireless broadband, a case for simpler passwords, and AirBnb's new logo looks an awful lot like your mom's butt!
Read more
Published: Thu, 17 Jul 2014 19:07:17 GMT

The 404 1,526: Where we got your nose (podcast)

A Craigslist for the filthy rich, hidden mics in your city, the future of wireless broadband, a case for simpler passwords, and AirBnb's new logo looks an awful lot like your Mom's butt!
Read more
Published: Thu, 17 Jul 2014 18:50:57 GMT

The 404 1,526: Where we got your nose

A Craigslist for the filthy rich, hidden mics in your city, the future of wireless broadband, a case for simpler passwords, and AirBnb's new logo looks an awful lot like your Mom's butt!
Read more
Published: Thu, 17 Jul 2014 18:44:18 +0000

Developing Details on Our Tesla Patents

In a prior post, I discussed the Tesla-Patent Commons.  Further to that piece and the other media attention around Elon Musk#8217;s announcement, there have been a couple of notable follow-on lists and analyses of the Tesla patents, which now belong to all of us. First, Envision IP published this infographic, which provides a nice breakdown [...]
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Published: Thu, 17 Jul 2014 18:26:00 +0000

Philips Win Patent Infringement Suit Against Nintendo

This moggy has not played a computer game since the Atari console system in the early 1980s, and so felt technically and culturally unqualified to write about the Philips and Nintendo litigation which has resulted in the recent judgment from the Patents Court. Fortunately, his younger colleagues Jacob Loftus and Gemma Wooden have come to his aid with this report. This was a decision by Mr Justice ...
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Published: Thu, 17 Jul 2014 18:08:04 +0000

European Commission endorses CC licenses as best practice for public sector content and data

Today the European Commission released licensing recommendations to support the reuse of public sector information in Europe. In addition to providing guidance on baseline license principles for public sector content and data, the guidelines suggest that Member States should adopt standardized open licenses #8211; such as Creative Commons licenses: Several licences that comply with the [#8230;]
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Published: Thu, 17 Jul 2014 17:22:13 +0000

Michael Carroll to Congress: “Copyrights have to expire.”

Eager Street / Seth Sawyers / CC BY This week, Creative Commons US lead and CC board member Michael Carroll addressed the US House of Representatives Subcommittee on Courts, Intellectual Property, and the Internet. In his address, he emphasized that the success of Creative Commons tools doesn#8217;t eliminate the need for copyright reform; it underscores [#8230;]
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Published: Thu, 17 Jul 2014 16:09:07 GMT

US government rebuffs Aereo's first shot at rebooting

The US Copyright Office says the online-TV startup doesn't qualify -- yet -- for a content license that would let it restart streaming.
Read more
Published: Thu, 17 Jul 2014 16:07:35 GMT

Apple envisions new ways to use 'bump' tech

A patent application describes several ways to share data between wireless devices with a tap -- and Apple isn't just thinking about phones.
Read more
Published: Thu, 17 Jul 2014 16:01:36 +0000

Seyfarth Offers 2014-2015 Edition of 50 State Desktop Reference: What Employers Need to Know About Non-Compete and Trade Secrets Law

What Employers Need To Know About Non-Compete and Trade Secrets Law There is no denying that there exists a variety of statutes and case law across the country when it comes to employee non-competition and non-solicitation agreements, as well as the protection of proprietary information. All too often, what is enforceable in one state may be questionable in another and #8230; Continue Reading
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Published: Thu, 17 Jul 2014 14:29:10 GMT

US government rebuffs Aereo's first shot at rebooting

The US Copyright Office says the online-TV start-up doesn't qualify -- yet -- for a content license that would let it restart streaming.
Read more
Published: Thu, 17 Jul 2014 14:07:00 +0000

Biopatent Opinion: will it be "ova and out" for pluripotent human cells?

Advocate General Cruz Villalon published his Opinion today in Case C‑364/13 International Stem Cell Corporation v Comptroller General of Patents , a reference to the Court of Justice of the European Community from the Patents Court, England and Wales, of the following question: ‘Are unfertilised human ova whose division and further development have been stimulated by parthenogenesis, and which, in...
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Published: Thu, 17 Jul 2014 12:18:00 +0000

BREAKING: Do not expect to read the EU copyright White Paper while on your summer holiday

Claire was waiting for the White Paper, but now she will have to sleep on read the sports papers instead Last month this blog published an internal draft of the forthcoming White Paper on " A Copyright Policy for Creativity and Innovation in the European Union ". This is the document that Commission Vice-President Michel Barnier announced for release before the summer break, following the conclu...
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Published: Thu, 17 Jul 2014 12:00:44 +0000

AT&T Seeks Patent for Creating and Implementing a Mobile Privacy Zone

We begin today by sharing our featured patent application with our readers, a technology designed to create a privacy zone to disable unauthorized functions in mobile devices which are within the zone. This would enable a meeting administrator to ensure that smartphone device owners cannot produce a recording of a meeting from within the privacy zone, for example. Other patent applications we expl...
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Published: Thu, 17 Jul 2014 12:00:02 +0000

Conversation with Jay Walker and Jon Ellenthal, Part 3

"Our promise to the small or medium size operating company is we will give them a simple and affordable way to understand the patent environment they’re doing business in, to find the hundred patents that are most statistically relevant to their product line. And provide them with either a license or a warranty that allows them to reduce the risk they’re facing on those one hundred patents. And if...
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Published: Thu, 17 Jul 2014 11:42:00 GMT

BLOG: New research confirms that Intellectual Ventures is busy buying patents once again

The most recent fund established by Intellectual Ventures has bought 16% of all publicly-available patent packages sold in the first half of 2014, according to research undertaken by the Richardson Oliver Law Group. The work done by the California-based law firm, which published the article ldquo;Whatrsquo;s inside IVrsquo;s patent portfolio?rdquo; in the last issue of IAM, estimates a $25 million...
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Published: Thu, 17 Jul 2014 08:37:58 +0000

SpicyIP Event: Nominations Declared For IP Awards – Premier IPR Conclave 2014, Mumbai

We#8217;re happy to bring you news of the 3rd Annual Legal Era IPR Conclave #38; Awards on #8220;IPR: Global Innovation and Growth#8221;! #8220;With an aim to strike a balance between global and economic growth and public policy LegalEra presents you with IPR Conclave #38; Awards 2014, a unique forum on Intellectual Property Rights which involves discussions from creative as well as business and l...
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Published: 2014-07-16T23:31:01-05:00

USPTO Proposes Rules Changes in View of Novartis v. Lee

By Donald Zuhn -- Last month, the U.S. Patent and Trademark Office published a notice of proposed rulemaking in the Federal Register (79 Fed. Reg. 34681) discussing changes to the rules of practice to implement the Federal Circuit's decision in Novartis AG v. Lee. In Novartis, the Federal Circuit agreed with the USPTO that "no [patent term] adjustment time is available for any time in continued ex...
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Published: Wed, 16 Jul 2014 23:54:08 +0000

INTA thoughts

Originally posted 2010-05-26 12:48:30. Republished by Blog Post PromoterOn the tail end of the annual meeting of the International Trademark Association in Boston, which I#8217;ve used as an excuse not to post much or any new material, some thoughts: I#8217;ve heard widespread unhappiness about the quality of the programs, which in my experience seems to [...]
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Published: Wed, 16 Jul 2014 23:54:07 +0000

Feeling his oats

Originally posted 2007-02-12 15:58:36. Republished by Blog Post Promoter TMBrandingcap.com brings this quote from John Stuart, former Quaker Oats chairman: If this business were to be split up, I would be glad to take the brands, trademarks and goodwill and you could have all the bricks and mortar #8211; and I would fare better than [...]
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Published: Wed, 16 Jul 2014 23:54:06 +0000

Defending the trademark infringement defendant

It#8217;s an art, not a science #8212; like all litigation #8212; and despite the best advice, well#8230; there are some things, many of them in robes, you just can#8217;t account for. But still, why not at least get the best advice? Right. So here (below) are excerpts from the Lawline program I recorded on this topic [...]
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Published: Wed, 16 Jul 2014 23:43:19 GMT

Airbnb rebrands itself with a 'people, places, love' motto

The peer-to-peer home-rental service redesigns its website and mobile apps and creates a new logo called the "Bélo," which is meant to represent belonging.
Read more
Published: Wed, 16 Jul 2014 20:51:00 +0000

EPO Bound again - more precedental than ever: Precedent 2

The IPKat was very heartened by the responses to the post on Tuesday on the concepts of "precedent" and "binding nature" at the European Patent Office. While all commenters did not agree, with him or with each other, taken together he thought the comments very constructive, particularly since he knows from previous posts and comments how emotive this subject can be. There are a number of points on...
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Published: 2014-07-16T20:07:58Z

Accused of Stealing Trade Secrets Seeks Permission to Leave the US

Mo Yun, wife of billionaire DBN Chairman Shao Genhou wants the U.S. government to release her on bond to travel to China while she awaits trial on charges she conspired to steal American seed corn trade secrets. Attorneys for Mo...
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Published: Wed, 16 Jul 2014 17:15:16 +0000

WikiProject Open Barn Raising this Saturday

WikiProject Open is an online School of Open training program for new and seasoned Wikipedia volunteers to collaborate on improving Wikipedia articles related to openness. The aim of the project is two-fold: in addition to improving Wikipedia articles related to openness (such as open access publishing and open educational resources), volunteers seek to improve Wikimedia [#8230;]
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Published: Wed, 16 Jul 2014 14:00:05 +0000

A Conversation with Patent Defense Litigator Ray Niro

Ray Niro is one of the most well know patent litigators in the country. In some circles is may be referred to as "infamous," and in other circles he may be simply referred to as famous. It all depends upon whether he is your attorney or whether he is the attorney on the other side… I noticed an announcement that he and his firm are now offering flat fee defense representation in patent litigation ...
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Published: Wed, 16 Jul 2014 13:49:54 +0000

$16 Million Awarded By Arbitrator Against 50 Cent in Trade Secret Spat

By Christina F. Jackson In a case out of Florida involving the rapper known as “50 Cent” an arbitrator found the rapper liable for trade secret misappropriation, among other claims, in the creation of his own line of headphones. The arbitrator awarded, the plaintiff in the case, Sleek Audio, LLC, a little over $11.5 million in damages. Attorney’s fees were #8230; Continue Reading
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Published: 2014-07-16T06:00:00.000-07:00

How Many Seconds From TV Show?

Dear Rich, I would like to ask you how long/how many seconds we can use from movies and, well any video material. I think the answer is like 5 seconds or something. What I mean is that can we mix in with our own material with some material that is copyrighted? I am building a 'TV intro' to be used on my website that is an upcoming Online Business Incubator. I live in Sweden. It would be so great i...
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Published: Wed, 16 Jul 2014 11:10:35 +0000

Guest Post: IP Services going Global

We#8217;re pleased to bring our readers an extremely interesting guest post by Manoj Pillai that brings a very important perspective that#8217;s been missing from our blog #8211; the direction in which the patent infantry is headed. Manoj lives in New Delhi and does IP work. He co-founded LexOrbis, an IP firm, and co-promoted Clairvolex, an IP solutions provider. IP services is going global and so...
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Published: Wed, 16 Jul 2014 09:43:23 +0000

Descriptive Trademark Does Not Survive Summary Judgment

Box Acquisitions, LLC d/b/a Box Partners, LLC v. Box Packaging Prods., LLC, No. 12 C 4021, Slip Op. (N.D. Ill. Mar. 26, 2014) (Kocoras, J.). The Court granted summary judgment for defendant in this Lanham Act case involving alleged trademark infringement regarding plaintiff#8217;s BOX PACKAGING trademarks.  The #8220;key issue#8221; was whether BOX PACKAGING was a... Continue Reading
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Published: 2014-07-16T09:42:00.001+01:00

The JIPLP Readers and Writers Group

JIPLP's LinkedIn Readers and Writers Group is an increasingly useful resource for opening discussions, exchanging views and even identifying authors and peer reviewers for the journal's articles. The group now has 246 members and continues to grow. The LinkedIn Group can be visited via this link . During the past few weeks, an increasing number of attempts have been made to post to the Group, the ...
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Published: 2014-07-16T08:44:00.000+01:00

Luxembourg, we have a problem: where have the Advocates General gone?

Here's the August 2014 JIPLP editorial, "Luxembourg, we have a problem: where have the Advocates General gone?", penned by Deputy Editor Eleonora Rosati (e-LAWnora) What is the story with the Court of Justice of the European Union (CJEU), its references for a preliminary ruling, and what looks like a sentiment of increasing uneasiness of the court towards its Advocates General, at least in the are...
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Published: 2014-07-15T23:59:00-05:00

Deputy Directory Lee Announces the Request for Written Comments to Help Improve PTAB Proceedings

By Andrew Williams -- In a post from yesterday entitled "Help Improve our AIA Trial Proceedings," Michelle Lee, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office, announced on the Director's Forum blog that the USPTO is seeking feedback on Patent Trial and Appeal Board (PTAB) trial proceedings established by the Leahy-Smith Ame...
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Published: Wed, 16 Jul 2014 00:00:00 GMT

REPORT: Non-compete clauses in licensing agreements

Most licensing agreements – particularly those involving the sharing of trade secrets, know-how, confidential information and other IP rights – contain post-termination non-compete clauses to prevent injury to the licensor. The Documentation Information and Technology Transfer Bureau of the IP Office of the Philippines has held that such clauses can apply for only one year.
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Published: Wed, 16 Jul 2014 00:00:00 GMT

REPORT: Degeneration into a generic name: companies are victims of their own success

The aim of every trademark owner is for its trademark to become well known on the market. However, this success can backfire when a trademark becomes so well known that consumers start to think that it is a generic name for the underlying products or services. Although this might appear to be the ultimate compliment, such development may lead to the downfall of a trademark.
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Published: Wed, 16 Jul 2014 00:00:00 GMT

REPORT: Experimental testing in patent actions: Federal Court issues notice to the profession

The Federal Court of Canada recently issued a notice to the profession with respect to experimental testing in patent actions. The notice codifies existing and general practices for patent infringement actions and provides more structure and certainty for litigants considering experimental testing in connection with their actions.
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Published: Tue, 15 Jul 2014 22:52:56 +0000

Conan Doyle’s Quixotic Attempt to Protect Sherlock Holmes

Led by Judge Richard Posner, the Seventh Circuit Court of Appeals recently refused what Posner called a “quixotic” attempt to extend copyright law.  While the holding was perhaps to be expected, the opinion introduced a mystery of its own: If not copyright, what will stop today’s public-domain derivatives from sullying the eccentric detective’s hard-earned reputation? #8230; Continue Reading
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Published: Tue, 15 Jul 2014 15:23:50 -0500

Planet Money on the Case Against Patents

NPR's Planet Money podcast did a segment on the case against patents . It's mostly an exploration of how one would cope economically in a world without protection for certain kinds of IP. Sadly, they continue the mini-fiction that Tesla is "giving away" its patents . The show is largely based on a paper published by two economists, Michele Boldrin and David Levine in which they argue against pat...
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Published: Tue, 15 Jul 2014 18:27:00 GMT

BLOG: Real patent trolls don’t use the US courts – it’s way too expensive

If you need further confirmation of the expensive minefield that is patent litigation in the US then PwCrsquo;s latest annual study is worth a look. Many of it key findings will be familiar as most fit with recent trends ndash; patent cases up again, number of patents granted on the rise, median damages awards down (to $4.3m), and the top four districts in terms of favourable outcomes for patent o...
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Published: 2014-07-15T18:47:00.000+01:00

August 2014 issue now published online

The August 2014 issue of the Journal of Intellectual Property Law amp; Practice is now available in full online, for the convenience of subscribers to the e-version who can access it immediately via the JIPLP website, here . Non-subscribers can gain limited-time access to individual articles from the JIPLP website on payment of the relevant fee. The contents of the August 2014 issue are listed bel...
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Published: Tue, 15 Jul 2014 16:41:26 +0000

Texas Federal Court Imposes Ongoing Royalty Rather Than Permanent Injunction Against Alleged Trade Secret Misappropriator

A Texas federal trial court, finding the absence of any legal precedence to award an ongoing royalty in a trade secret misappropriation case, looked to the patent laws to impose an ongoing royalty. As a result, rather than permanently enjoining the misappropriator from continuing, the trial court imposed a royalty, thereby allowing the victim some compensation but allowing the other #8230; Continu...
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Published: Tue, 15 Jul 2014 16:28:55 +0000

USPTO Seeks Comment on Patent Pendency

The United States Patent and Trademark Office (USPTO) is seeking public input to determine the optimal first action and total pendency target levels for patents. Currently, the USPTO targets of 10 months on average to a first office action, and an average of 20 months for total pendency were established with stakeholder input in the previous USPTO [#8230;]
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Published: Tue, 15 Jul 2014 15:15:00 +0000

What is precedent and does the EPO have it?

From time to time in the comments of the IPKat there arise debates, sometime heated, about the question of precedent – whether a case, decision or instruction is “binding” on some tribunal or other. Particularly at the European Patent Office (EPO) the issue is contradictory and confusing. At first instance there exist the “ Guidelines for Examination in the European Patent Office ” – what force do...
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Published: Tue, 15 Jul 2014 15:05:02 +0000

SpicyIP Tidbit: Bombay HC dismisses challenge to Nexavar Compulsory License

Earlier today, Justice M.S. Sanklecha of the Bombay High Court dismissed a challenge by Bayer AG to the IPAB#8217;s decision to grant Natco a compulsory license to manufacture and distribute a generic version of Bayer#8217;s patented kidney cancer drug, Nexavar. As per the Mint report, Justice Sanklecha stated, “We don’t see a reason to interfere with the order passed by IPAB and, therefore, the c...
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Published: Tue, 15 Jul 2014 14:00:37 +0000

Sloppy, Misleading Yale Paper Challenges University Patenting

Professor Love has concluded that universities do not earn returns on their investment in patents and at the same time concluded that more than half of all respondents to his survey admitted they do not know anything about what the survey was purporting to study… This paper by Professor Love should never have been presented at a conference at Stanford. It should not be published by any journal, le...
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Published: Tue, 15 Jul 2014 13:03:05 +0000

Open Access: Students help revive and digitize rare books for Malayalam Wiki Library

The New Indian Express reports that in a terrific effort, more than 1000 school students and 234 members of the public across the state of Kerala digitized, proof-read and uploaded more than 150 rare and out-of-copyright Malayalam books as part of a digitization contest organized to celebrate the 10th anniversary of the Wiki Source project by the Centre for Internet and Society, the state governme...
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Published: 2014-07-15T06:00:00.000-07:00

Can State Department Employee Modify Meme?

Dear Rich: I work at the U.S. State Department and I was wondering if you had any references on government agencies’ fair use? For example, if we were to take a Game of Thrones meme (w/a quote) and replace the character’s face with a Russian official, titling it “Russia’s Foreign Policy?” we are not parodying Game of Thrones per se, but we are criticizing the Russian government’s actions by modify...
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Published: Tue, 15 Jul 2014 12:00:17 +0000

Conversation with Jay Walker and Jon Ellenthal, Part 2

Recently I had the opportunity to interview Jay Walker, the founder of Priceline.com. Walker, with over 700 patents and pending patent applications, is one of the most prolific living inventors in the world. He is embarking on the monumental task to commoditize patent licenses in a way that streamlines the process, keeps costs down, maximizes the number of licenses and charges a low flat fee. A da...
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Published: Tue, 15 Jul 2014 10:56:00 GMT

BLOG: Acacia deepens relationship with Renesas and gains greater access to Japanese company’s patents

Earlier this month, Renesas Electronics and Acacia Research announced that they will be expanding their existing strategic licensing partnership, which has seen the US NPE undertaking patent monetisation activities on behalf of the Japanese semiconductor company. According to a press release, Acacia will receive ldquo;broad and lengthyrdquo; access to Renesasrsquo; global patent portfolio under th...
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Published: 2014-07-15T11:47:00.000+01:00

Trade Mark Roles at CIPA

This tweet caught my eye. When I was young I served on that illustrious committee. It was a long time ago and much of the work was about the 1994 act. It was great fun but I had no idea what we were supposed to be doing. So let's consider what the role of the trademark committee should be. It might be to impose its members views on UK trademark policy and influence the IPO accordingly. That doesn'...
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Published: 2014-07-14T22:19:08-05:00

Digitech Image Technologies, LLC v. Electronics For Imaging, Inc. (Fed. Cir. 2014)

By Michael Borella -- Less than four weeks after the Supreme Court handed down its opinion in Alice Corp. v. CLS Bank International, the Federal Circuit has used the holding of that case to strike down a patentee's claims under 35 U.S.C. § 101. Digitech sued Electronics For Imaging and a host of co-defendants for allegedly infringing its U.S. Patent No. 6,128,415. The '415 patent relates to "the g...
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Published: Mon, 14 Jul 2014 22:57:17 +0000

Guest Post: Can Patents Slow Climate Change? A Proposal for a Carbon Royalty

Patents traditionally are used for the private good of the property holder. At best, the public benefits only indirectly from the resulting technology innovations. But what if patents were used directly for the public’s good, to reduce carbon emissions? Specifically, what if one of more Green NPEs assembled and enforced a portfolio of patents to impose, in effect, [...]
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Published: Mon, 14 Jul 2014 22:14:32 +0000

Taking Aim at Patent Troll Demand Letters

Bad demand letters are a big problem for U.S. small businesses, costing them millions of dollars in settlement fees and legal costs annually. Patent trolls often operate through shell companies and these bad acting companies send form demand letters to hundreds or even thousands of small businesses at a time, claiming with little or no evidence that they are infringing on patents. These mass deman...
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Published: Mon, 14 Jul 2014 22:05:00 +0000

SDL's lost chance for Ego Boost

How do you calculate damages to compensate an injured business for something that never happened? This is the underlying issue when a person who has been wrongly threatened with proceedings for patent infringement is able to establish that the threats received were unwarranted and that, in result of them, his business activities didn't turn out the way he'd planned. A recent decision illustrates h...
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Published: Mon, 14 Jul 2014 22:03:00 +0000

Monday miscellany

Discerning readers of this weblog may well recall Katfriend Carolin NCube's review of Road Humps and Sidewalks: the path less travelled , an IP-flavoured novel by Dr Kalyan C Kankanala (managing partner, Banana IP). Well, Kalyan has been at it again! He writes to tell the Kats that the second novel in his IP Law Thriller series, Pirates of Bollywood , is now available for pre-release order on Appl...
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Published: Mon, 14 Jul 2014 19:25:55 +0000

USPTO Proposes Electronic Sharing with Foreign Offices

The electronic sharing of information and documents between intellectual property (IP) offices is critical for increasing the efficiency and quality of patent examination worldwide. Due to the confidential nature of unpublished U.S. patent applications, set forth in 35 U.S.C. 122, an applicant must provide the United States Patent and Trademark Office (USPTO) written authority in accordance with [...
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Published: Mon, 14 Jul 2014 18:36:19 +0000

Marty Schwimmer’s blog

Originally posted 2005-01-03 21:02:00. Republished by Blog Post PromoterBy the way, let me be very clear about this:  The definitive blog on the topic of trademarks is my friend Marty Schwimmer#8217;s Trademark Blog. It#8217;s funny also.
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Published: Mon, 14 Jul 2014 18:36:17 +0000

Redskins’ intractable trademark troubles — or sportswriters’?

Originally posted 2012-01-04 11:22:31. Republished by Blog Post PromoterI#8217;ve been following the REDSKINS trademark travails since forever. Well, they#8217;re not over. Or are they? Live with me in real-time, real-life blogging time. I got excited by a link on my Google alert for trademark news, to this story in the Washington Post: As Redskins#8217; struggles [...]
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Published: Mon, 14 Jul 2014 18:36:16 +0000

A theory of likelihood of confusion

Originally posted 2007-08-24 08:02:28. Republished by Blog Post PromoterThe Legal Theory Blog excerpts from a recent article on the the back story of trademark litigation, by one Michael Grynberg: The plaintiff effectively represents two parties. She defends her trademark and simultaneously protects consumers who may be confused by the defendant#8217;s behavior. The defendant, by contrast, [...]
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Published: Mon, 14 Jul 2014 18:36:13 +0000

Bakeries, bankruptcy, BUTTERNET and … bleh!

If the tone of my the title of this post sounds dismissive, it#8217;s not quite that.  It is, rather, just an admission that there are some things in trademark law that are complicated in a pretty untrademark-law-like way.  Usually I manage to avoid them completely #8230; and then along comes Pamela Chestek, who makes us [...]
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Published: Mon, 14 Jul 2014 18:12:00 GMT

BLOG: Conversant launches new anti-patent troll campaign

Despite the deep divisions that exist over patent reform, perhaps the one element where most members of the patent community agree change needs to happen, is over the frivolous demand letters that some bad actors send to demand licensing fees, particularly from small businesses.Although a more comprehensive patent reform bill failed in the US Senate in May, last week the House of Representative...
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Published: Mon, 14 Jul 2014 16:55:48 GMT

Analyst: Apple's iWatch to cost $300, sell at least 30M units

Morgan Stanley analyst Katy Huberty also says no other company comes close to Apple's brand loyalty in the mobile market.
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Published: Mon, 14 Jul 2014 14:00:47 +0000

Examiners Begin Issuing Alice Rejections for Software

He says he has seen the below form paragraph twice within a week. Most alarming, in one case the form paragraph came in the form of a supplemental office action, but the original office action, which was outstanding, didn't have any patent eligibility rejections under 35 U.S.C. 101… Clearly this form paragraph does not come from the initial guidance the USPTO sent to examiners. In that initial gui...
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Published: Mon, 14 Jul 2014 13:28:08 +0000

Todd Dickinson Leaves AIPLA

Earlier this morning Wayne Sobon, President of the American Intellectual Property Lawyers Association, sent an e-mail to members announcing that Todd Dickinson will step down as Executive Director of the AIPLA. The announcement suggest this will be effective immediately, and provides no reason for Dickinson’s departure.
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Published: 2014-07-14T09:02:44-04:00

Help Improve our AIA Trial Proceedings

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee In the spirit of transparency and collaboration with stakeholders in forming an even stronger patent system, I am pleased to share that the USPTO is seeking your written comments about the America Invents Act (AIA) trial proceedings conducted by the our Patent Trial and Appeals Boa...
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Published: Mon, 14 Jul 2014 12:56:00 +0000

Never too late! If you missed the IPKat last week ...

Last week this blog carried the first in what is intended as a regular series of blogposts that list and conveniently summarise the feature posts of the previous week, the idea being that readers who are either away or too busy to keep up with Katposts, and who find themselves faced with a build-up of information in their in-boxes, can decide in retrospect which ones are worth their while to hunt ...
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Published: Mon, 14 Jul 2014 12:00:39 +0000

Supreme Court’s Latest Patent Case and Software Patentability

The Supreme Court’s Alice decision has again left the IP bar without a clear, repeatable test to determine when exactly a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none,” Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U.S. 127, 130 (1948). This is perhaps not surprising as Alice is a case more about s...
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Published: 2014-07-14T12:35:00.000+01:00

Burden of proof to establish infringement remains with the patentee even in declaratory judgment action brought by licensee

Authors: Charles R. Macedo and Sandra A. Hudak (Amster, Rothstein amp; Ebenstein LLP) Medtronic, Inc v Mirowski Family Ventures, LLC, 134 S Ct 843 (US 22 January 2014) Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu119, first published online: July 12, 2014 The US Supreme Court unanimously reversed a previous determination by the US Court of Appeals for the Federa...
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Published: Mon, 14 Jul 2014 11:18:00 GMT

BLOG: The USPTO Director fiasco reflects a failure of leadership at the White House

While the heads of most of the globersquo;s major issuing authorities are civil servants and who often do not have any background in IP, the post of Director of the US Patent and Trademark Office is different. It comes with the title of Under-secretary of Commerce and is very much a political appointment that by and large is handed to someone with long experience of working in senior IP positions ...
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Published: Mon, 14 Jul 2014 10:15:05 +0000

An Investigation By Any Other Name is Still an Investigation

Sloan Valve Co. v. Zurn Indus., Inc., No. 10 C 204, Slip Op. (N.D. Ill. Mar. 5, 2014) (St. Eve, J.). Judge St. Eve denied defendants#8217; (collectively #8220;Zurn#8221;) motion to exclude plaintiff Sloan Valve#8217;s (#8220;Sloan Valve#8221;) expert in this patent litigation involving dual mode flush valves for plumbing fixtures.  Plaintiff#8217;s expert conducted what he called... Continue Readi...
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Published: Mon, 14 Jul 2014 10:10:00 +0000

DOBBIN strikes again, this time with a slow-settling MAGNET dispute

The Department of Belatedly Blogged Interesting Niceties (DOBBIN, which made its debut here ) has been belatedly active again. This time the spotlight shines on Cases T 604/11 and T 292/12 Mega Brands International v OHIM, Diset SA, a General Court of the European Union (Second Chamber) ruling that goes all the way back to 4 February 2014. In January 2008 and March 2010 respectively, Mega Brands ...
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Published: Mon, 14 Jul 2014 07:06:22 +0000

Merck – Glenmark to mediate in Januvia (Sitagliptin) patent infringement case

As reported by the TOI, in an interesting turn of events Merck has sought a settlement with Glenmark in the Januvia (Sitagliptin) patent dispute. Earlier this month, Merck applied in court to refer the Sitagliptin patent case to the mediation centre. Since the defendant Glenmark had no objection and was agreeable to engage in mediation, Justice AK Pathak allowed Merck’s application. According to T...
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Published: 2014-07-13T23:59:00-05:00

Guest Post: Overview of First Published Comments on Myriad-Mayo Patent Eligibility Guidance

By Paul Cole* -- As readers will be aware, members of the public have been invited to submit written comments to the U.S. Patent and Trademakr Office that present their interpretation of the impact of relevant Supreme Court precedent on the legal and technical issues involved in subject matter eligibility analyses during examination of claims reciting or involving laws of nature, natural phenomena...
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Published: 2014-07-13T23:55:00-05:00

Conference & CLE Calendar

July 15, 2014 - "Alice v. CLS Bank: How Far Has the Needle Moved?" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET) July 16, 2014 - European Biotech Patent Law Webinar (D Young amp; Co) - 4:00 am, 7:00 am, and 12:00 pm (ET) July 17-18, 2014 - Advanced Patent Prosecution Workshop 2014: Claim Drafting amp; Amendment Writing (Practising Law Institute) - New York, NY July 20-22, 2014 ...
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Published: 2014-07-13T23:50:00-05:00

European Biotech Patent Law Webinar

D Young amp; Co will be offering its next European biotech patent law update on July 16, 2014. The 45-minute webinar will be offered at three times: 4:00 am, 7:00 am, and 12:00 pm (ET). D Young amp; Co European Patent Attorneys Simon O'Brien and Connor McConchie will provide an essential update and live Qamp;A on EPO biotechnology case law. While there is no fee to participate, attendees must regi...
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Published: Sun, 13 Jul 2014 18:00:06 GMT

BlackBerry on list of brands most likely to disappear in 2015

24/7 Wall Street insists that the BlackBerry brand is at death's door. However, it predicted the same thing in 2012.
Read more
Published: Sun, 13 Jul 2014 12:00:33 +0000

A Conversation with Priceline.com Founder Jay Walker

Simply stated, Jay Walker is one of America’s best-known business inventors and entrepreneurs… Recently I had the opportunity to interview Walker, along with the CEO of Patent Properties Jon Ellenthal. While nothing was ruled out of bounds for the interview we spent much of our time discussing his attempt to create a no-fault patent licensing system that will help innovators monetize patents throu...
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Published: Sun, 13 Jul 2014 11:17:00 +0000

Ambush marketing Brazilian-style: a guest post

In Brazil today – World Cup Brazil – you can find some quite revealing sights (says David Serras Pereira , a trainee lawyer and IP Consultant with GCF IP Consultants, and author of this guest post) without having to take a ride to Ipanema beach. In Brazil’s game against Cameroon on 23 June, everyone could see Neymar ’s Blue Man sunga (one of the swim suit styles currently available in Brazil) duri...
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Published: Sat, 12 Jul 2014 19:27:00 +0000

No More (Trade Mark) Trouble With Harry (Winston)

Can I Borrow It For My Next Bar Association Meeting? I was perfectly content with my life until Jeremy suggested that I blog about the United States Patent and Trademark Office (TTAB) Harry Winston v. Bruce Winston case, which was decided on July 9. I bitterly realized reading it that IP attorneys are almost never offered grooming services and jewelry, not even on loan. But life must go on. It wo...
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Published: Sat, 12 Jul 2014 19:00:26 +0000

USPTO seeks comment on “virtual marking” of patented products

When a company sells a product for which it also holds a patent, it is common practice for the company to mark the product with the patent number.  Patent marking serves to place the public on notice that the product #8230; Continue reading #8594;
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Published: Sat, 12 Jul 2014 14:00:03 GMT

MG, then and now

There's a new MG in town, the MG3. We take a look back to the beginnings of the legendary British sportscar manufacturer and find out if the latest ride to brandish the MG badge can live up to its ancestors.
Read more
Published: Sat, 12 Jul 2014 12:00:30 +0000

Understanding Patent Claims

In order to obtain exclusive rights on an invention the law requires that the patent applicant particularly point out and distinctly claim the subject matter which the inventor regards as his or her invention. Any patent, or patent application, contains a variety of different sections that contain different information. Generally speaking, a patent is divided into a specification, drawings and pat...
Read more
Published: 2014-07-11T23:37:19-05:00

PLI Advanced Patent Prosecution Workshop

Practising Law Institute (PLI) will be holding a two-day seminar entitled: "Advanced Patent Prosecution Workshop 2014: Claim Drafting amp; Amendment Writing" on July 17-18, 2014 in New York, NY, on August 18-19, 2014 in San Francisco, CA, and on September 11-12, 2014 in Chicago, IL. Patent Docs authors Donald Zuhn and Kevin Noonan will be presenting at the Chicago seminar. At the New York and Chic...
Read more
Published: 2014-07-11T23:30:42-05:00

MBHB Webinar on Alice Corp. v. CLS Bank International

McDonnell Boehnen Hulbert amp; Berghoff LLP will be offering a live webinar entitled "Alice Corp. v. CLS Bank International: General Purpose Computers Cannot Save Inventions Directed to Abstract Ideas" on August 19, 2014 from 10:00 am to 11:15 am (CT). MBHB attorney Rory P. Shea and Patent Docs contributor and MBHB attorney Michael S. Borella, Ph.D. will cover the potential implications of the Ali...
Read more
Published: 2014-07-11T23:28:56-05:00

IPO Webinar on Alice v. CLS Bank

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Alice v. CLS Bank: How Far Has the Needle Moved?" on July 15, 2014 beginning at 2:00 pm (ET). A panel consisting of Scott Bornstein of Greenberg Traurig LLP, Michael Chernoff of MDB Capital Group LLC, and Robert Sachs of Fenwick amp; West LLP will address the following questions: • How much will Alice impact...
Read more
Published: Fri, 11 Jul 2014 22:25:18 +0000

Funk, Copyrights, and Collecting Judgments

Litigants know that obtaining a judgment against an adversary is only half the battle.  Sometimes the efforts a litigant must expend to collect on that judgment are just as significant, if not more so, than obtaining the judgment.  In looking for assets to satisfy a judgment, litigants are reminded that a defendant’s intellectual property, including... Continue Reading
Read more
Published: Fri, 11 Jul 2014 20:26:59 +0000

Guest Post: ICANN and a Changing Internet

Kartik Chawla, a 3rd year student from Nalsar and frequent guest blogger, brings us a clear, in-depth explanation of some of the changes that the Internet Corporation for Assigned Names and Numbers (ICANN) is bringing about to the internet, with an emphasis on trademark, security and architectural issues that may arise from these changes. The post is divided into 4 segments. First, the introductio...
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Published: Fri, 11 Jul 2014 16:11:00 +0000

Friday fantasies

Don't forget to check out the IPKat's Forthcoming Events page, here. Several fresh items have been added this week, just for some of you ... Feeling a bit Pommery? ... and talking of which , if you happen to be in the lovely old city of Edinburgh on Tuesday, 12 August, be sure to venture down to The Pommery Champagne Café Bar, which you'll find in the Signet Library. Between the thoroughly ci...
Read more
Published: Fri, 11 Jul 2014 14:53:00 +0000

Patent value: but how do we understand the market?

Last week this Kat published a blogpost entitled “Have U.S. courts made patents less valuable?", here , which discussed aspects of the article by Terry Ludow, “Signs of the times: trends in technology IP licensing”. This article had been published in Intellectual Asset Management (IAM) magazine. The blog post engendered a lively discussion among Kat readers. In addition, it drew the attention of K...
Read more
Published: Fri, 11 Jul 2014 14:12:00 GMT

BLOG: The transitionary regime for Europe's new patent litigation regime - a dangerous mess

Up to now those reading the articles on Europersquo;s unified patent court (UPC) on the IAM blog, put together exclusively for us by Bristowrsquo;s partner Alan Johnson, might have assumed that the new system is going to be a very favourable one for plaintiffs. But while this may turn out to be the case, there is one big elephant in the room that could change the picture completely.In the articl...
Read more
Published: Fri, 11 Jul 2014 12:00:37 +0000

Qualcomm Patents: SMS Delivery and Wireless Security

Our featured application in today’s column discusses one Qualcomm technology designed to establish a call session across a network for the real time transmission of text messages. This data system could also be used to aid data transmission for mobile banking and other applications. We also discuss a couple of intriguing systems for detecting physical movement of a device owner, including one inve...
Read more
Published: Fri, 11 Jul 2014 09:32:38 +0000

Settlement Arbitration Clause Requires Patent Claims be Arbitrated

Dental USA, Inc. v. Beak #38; Bumper, LLC, No. 13 C 2149, Slip Op. (N.D. Ill. Feb. 21, 2014) (Chang, J.). Judge Chang granted defendants#8217; Fed. R. Civ. P. 12(b)(3) motion to dismiss for improper venue because plaintiff#8217;s design patent declaratory judgment claims related to dental pliers had to be arbitrated.  The principals of the... Continue Reading
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Published: Fri, 11 Jul 2014 08:56:00 +0000

Netto: the service of bringing together services can be a service, says CJEU

Re-tail service? Not for Maxie the Manx Apple Inc's store lay-out was not the only retail issue involving trade mark registration in Europe to attract the attention of the Court of Justice of the European Union (CJEU). Case C-420/13 -- like Apple, a reference for a preliminary ruling from Germany -- was also before the court yesterday. The action was Netto Marken-Discount AG amp; Co. KG v Deutsch...
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Published: 2014-07-10T23:59:00-05:00

AbbVie Deutschland GmbH v. Janssen Biotech, Inc. (Fed. Cir. 2014)

Absent Description of Representative Species to Support Entire Genus, Functionally Defined Genus Claim Lacked Adequate Written Description By Donald Zuhn -- Last week, in AbbVie Deutschland GmbH v. Janssen Biotech, Inc., the Federal Circuit affirmed judgments by the District Court for the District of Massachusetts in infringement and interference actions involving AbbVie Deutschland GmbH amp; Co.,...
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Published: Fri, 11 Jul 2014 02:12:24 GMT

Samsung rebrands app store as Galaxy Apps, adds new perks

The tech company amps up its app store with a new name, interface, and hundreds of apps.
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Published: Fri, 11 Jul 2014 00:00:00 GMT

EVENT: AIPLA 2014

AIPLA is gearing up for another exciting Annual Meeting, this October, in Washington, DC! Here are just a few of the exciting sessions we've planned:• Post-grant proceedings after the AIA• 101 invalidation in view of CLS Bank, Bilski, and Prometheus• IP and Regulatory Protection in the Pharmaceutical Field in Latin America• The Unified Patent Court in the European patent litigation landscape•...
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Published: Thu, 10 Jul 2014 16:22:20 GMT

Cricket's back-to-school promo knocks back prices on eight phones

ATamp;T's newly refreshed Cricket Wireless brand gives new customers a break with mail-in rebates and waived activation fees.
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Published: Thu, 10 Jul 2014 16:08:00 GMT

BLOG: Google, Canon and the other LOTNet founders deserve high praise for their new initiative

Thanks to information provided by the License On Transfer Network (LOTNet), I now understand that patent assertion entities want to make money; they ldquo;clearly seek to generate a return by enforcing patent rights against operating companiesrdquo;, LOTNET explains. ldquo;They acquire patents from other companies and are motivated by profit.rdquo; Whoever would have thought it - commercial enterp...
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Published: Thu, 10 Jul 2014 15:38:00 +0000

CJEU: Retail store design may be registrable as a trade mark (Apple Inc. v DPMA)

The CJEU today (in case in C-421/13, Apple Inc. v Deutsches Patent- und Markenamt , see here ) confirmed that t he representation of the layout of a retail store, such as the one depicted below, may - subject to certain conditions - be registered as a trade mark . The iAltar - a trade mark? What had happened? In a dispute between Apple and the DPMA (the German Patent and Trademark Office) rel...
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Published: Thu, 10 Jul 2014 15:14:01 GMT

Apple gains store-design trademark in EU

The electronics giant adds to its intellectual property for its store layout, after earning a similar trademark in the US.
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Published: Thu, 10 Jul 2014 14:00:55 +0000

100 Years Later: Patents of the World War I Era

June 28, 2014, marked the one-hundred year anniversary of the assassination of Archduke Franz Ferdinand of Austria, the precipitating event which catapulted the globe into World War I. Across the world, events to commemorate the First World War Centenary will take place between now and 2018, the centennial anniversary of the war’s end . . . As with other milestone occasions, we have decided to com...
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Published: Thu, 10 Jul 2014 13:39:15 +0000

SpicyIP Tidbit: Disagreements at the WIPO’s SCCR

The WIPO’s Standing Committee on Copyright and Related Rights (SCCR) was for the second time this year held up by disagreements between developed and developing countries. IP-Watch reports that the primary disagreements arose on what recommendations were to be made to the general assembly in September on the protection to be granted to broadcasting organisations or on the establishment of an inter...
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Published: 2014-07-10T06:00:00.000-07:00

Micro-Entity Costs For Design Patent Filing

Dear Rich: If I am filing a design patent electronically, how do I know ahead of time what the fees are? I am a micro so does that mean $190.00 ( $45 + 30 + 115) ? Is that correct or will I find out a different number after I have uploaded my application. You can always calculate current micro-entity fees by using the USPTO fee schedule . And yes, your calculations are correct ($45 for basic filin...
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Published: Thu, 10 Jul 2014 12:00:48 +0000

House Subcommittee Takes up TROL Act on Demand Letters

Congress is moving forward with at least some patent reform efforts this year, taking up the Targeting Rogue and Opaque Letters Act of 2014, which is scheduled to be marked up in the House Commerce, Manufacturing, and Trade Subcommittee on July 10, 2014… This draft legislation — creatively dubbed the TROL Act — addresses the sending of abusive and bad faith patent demand letters by clarifying that...
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Published: Thu, 10 Jul 2014 11:52:48 GMT

Aereo keeps the legal war going despite Supreme Court loss

The streaming-TV startup's new legal tack embraces the ruling against it, arguing that the decision means Aereo deserves the same copyright license cable companies get.
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Published: Thu, 10 Jul 2014 11:32:36 GMT

Aereo keeps the legal war going despite Supreme Court loss

The streaming-TV startup's new legal tack embraces the higher ruling against it, arguing the decision means it deserves the same copyright license cable companies get.
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Published: Thu, 10 Jul 2014 11:24:00 +0000

Men at work -- or just economists? Time to talk again about IP enforcement in the EU

To many IP lawyers, this is what a roomful of economists discussing IP sounds like ... Jean Bergevin, Head of Unit, of the European Commission's Directorate General Internal Market and Services Fight against Counterfeiting and Piracy (MARKT D3), has written specially to the IPKat to tell him of a fascinating and important initiative which should concern all readers of this blog who own, litigate,...
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Published: Thu, 10 Jul 2014 10:46:00 GMT

BLOG: The launch of IPBC Japan reflects the country’s changing strategic approach to patents

As this blog has reported previously, there is a sea change taking place among Japanese companies when it comes to IP strategy. Traditionally introspective and focused on protecting their market share through volume filing, IP owners from the Land of the Rising Sun are reappraising the way in which they manage their patents ndash; and are increasingly looking overseas for ways in which to leverage...
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Published: 2014-07-10T08:59:00.001+01:00

Harmonization by degrees: a book review

JIPLP's review section carries reviews of not just books but also of the occasional weblog or Twitter account -- as is only appropriate now that we live and work in the age of the social media. The book reviews are popular with publishers and authors, since the journal's book review policy means that virtually every book received will be reviewed. New IP books are advertised on this weblog as bein...
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Published: 2014-07-09T22:41:45-05:00

Continued Chaos in Obama Administration Patent Policy

By Kevin E. Noonan -- President Obama has reportedly decided against nominating Johnson amp; Johnson executive Philip Johnson in the face of political pressure from the hi-tech industry and Members of Congress, including Senator Charles Schumer (D-NY), as reported by The Wall Street Journal and GigaOm ("White House pulls plug on controversial Patent Office nominee after tech sector backlash"). The...
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Published: Thu, 10 Jul 2014 01:49:45 +0000

Vintage PTO “fraud”?

Originally posted 2009-11-15 15:10:54. Republished by Blog Post PromoterThe TTABlog® almost breathlessly #8212; and, quite understandably, considering #8212; links to Seattle Trademark Lawyer, who reports on a case,  One True Vine, LLC v. The Wine Group LLC, just now being uncorked in a California District Court that could well answer a lot of the questions [...]
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Published: Thu, 10 Jul 2014 00:00:00 GMT

EVENT: CIPA Congress

Returning to the Lancaster London Hotel on 2 - 3 October 2014, the two-day programme will include sessions on: Portfolio Management, the new Trade Mark Directive and Regulation, Prosecution, Oppositions (Post-Grant Issues), Licensing In and Licensing Out Technology, Litigation and IP and Access to Medicine. With ample opportunities to network, and an impressive programme of speakers and topics, CI...
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Published: Wed, 09 Jul 2014 22:16:00 +0000

Wednesday whimsies

The IPKat has heard that the National Federation for Corporate Law (the FNDE) has organized the Paris Congress on Industrial Property on the topic “Employee’s invention right: Asia - USA – Europe”, in collaboration with Strasbourg's leading IP centre CEIPI and the Center for Advanced Study amp; Research on Intellectual Property ( CASRIP ), University of Washington. This conference will be held on ...
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Published: 2014-07-09T22:48:00.001+01:00

The CJEU confirms the exclusive character of EU competence in PDO/PGI schemes

Author: Nicola Coppola (Centre for Intellectual Property Policy and Management (CIPPM)—Bournemouth University) Associazione Industriali delle Carni e dei Salumi (Assica) and Kraft Foods Italia SpA v Associazione fra produttori per la tutela del ‘Salame Felino’ and others , C-35/13, EU:C:2014:1711, Court of Justice of the European Union (Ninth Chamber), 8 May 2014 Journal of Intellectual Property ...
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Published: Wed, 09 Jul 2014 21:11:38 +0000

Clean Tech in Court: Green Patent Complaint Update, Part II

A number of green patent complaints have been filed in the last several months in the areas of energy management software, LEDs, smart meters, vertical axis wind turbines, and wastewater treatment.  This post covers new lawsuits filed from the end of March through the end of June. #160; Energy Management Software Intercap Capital Partners, LLC  v. [...]
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Published: Wed, 09 Jul 2014 20:58:23 GMT

Apple patent describes all-glass casing for devices

A new US patent awarded to Apple details some uses for housings of electronics made of fused glass.
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Published: Wed, 09 Jul 2014 20:14:13 +0000

USPTO Seeks Comment on Post Grant Trial Proceedings

The America Invents Act (AIA) provided for a variety of new administrative trial proceedings, including: (1) Inter partes review; (2) post-grant review; (3) covered business method patents review; and (4) derivation proceedings. To bring these new proceedings into being, the USPTO issued a number of final rules and a trial practice guide in August and [#8230;]
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Published: Wed, 09 Jul 2014 16:59:26 +0000

An Open Letter to TPP Negotiators: Copyright Term Extension Makes No Sense

EFF / CC BY Today, Creative Commons and over 35 other organizations published an open letter urging negotiators of the Trans-Pacific Partnership (TPP) to rescind a proposal to extend copyright terms by another 20 years beyond its current, mandatory term. This week, 12 Pacific rim countries are meeting in Ottawa, Canada, to continue secret negotiations [#8230;]
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Published: 2014-07-09T17:45:00.002+01:00

Who's the source of those infringements? The tale of Wilko v Buyology

The following post was originally composed by Rebecca Gulbul for the IPKat weblog, Rebecca being one of the new crop of guest Kats. However, just before she could post it, another Kat -- David Brophy, to be precise -- beat her to the draw by posting this . It would be such a pity if all Rebecca's hard work went to waste, so I've posted it here. Rebecca thinks the decision is a good one; David coyl...
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Published: Wed, 09 Jul 2014 16:18:59 GMT

Taco Tuesday never has to end with the Nostalgia Electrics Taco Toaster

Tacos are one of the greatest food inventions in all of history. A taco toaster for the kitchen counter makes sure they can be enjoyed any day of the week.
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Published: Wed, 09 Jul 2014 15:47:03 GMT

Adidas Fit Smart wearable strips down to make its run

The sportswear giant has a new no-frills activity tracker more practical than it is powerful. The goal is to succeed not on the merits of what it can do, but on the clarity of what it's not.
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Published: Wed, 09 Jul 2014 14:42:43 GMT

Apple loses patent case in China over Siri functions

The company plans to bring the case to a higher court to see if it can reverse the verdict that favors Shanghai-based Zhizhen Internet Technology.
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Published: 2014-07-09T06:00:00.000-07:00

Using Lyrics in a Website Logo

Dear Rich: If we would like to use a few lines of a song for a logo that will represent a website or blog logo, is that ok? Traffic to the site is not huge but would like to use it for logo art and if we want to share thoughts on how the song inspired us? Here are some reasons why you probably won't have to worry about being pursued: (1) If traffic to the site is not substantial, the song owners a...
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Published: Wed, 09 Jul 2014 12:00:16 +0000

When Patents Aren’t Enough: The Case for Data Exclusivity for Biologic Medicines

Although complementary, patents and data exclusivity protection incentivize innovation in different ways and serve distinct purposes. Patents provide protection for innovations that meet the standards of patentability and are novel, nonobvious, and useful. In the context of biopharmaceuticals, patents protect both breakthrough discoveries as well as incremental improvements. Due to the length of t...
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Published: Wed, 09 Jul 2014 07:30:00 +0000

Retail omerta: Wilko v Buyology

Buyology's suppliers, arriving to court to hear HHJ Hacon's decision In a dispute where trade mark infringement and passing-off were admitted. The terms of a settlement having been agreed, the trade mark owner then sought a Norwich Pharmacal order compelling the defendant to disclose the names of suppliers of the infringing goods . Such an order was outside the agreed settlement terms, and so...
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Published: Wed, 09 Jul 2014 07:11:22 GMT

Singapore passes law to block illegal sites

The Singapore government has passed an amendment to the country's Copyright Act that will let content owners compel service providers to block infringing sites, like Pirate Bay.
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Published: 2014-07-08T23:59:00-05:00

Docs @ BIO: The Rest of the Story

Bloomberg BNA Hosts Panel on Subject Matter Eligibility By Kevin E. Noonan -- Last month at the BIO convention, Randy Kubetin, Managing Editor of Bloomberg BNA's Life Sciences Law amp; Industry Report moderated a panel entitled "Patent Eligibility from the Trenches: Practical Implications of the Supreme Court's Mayo and Myriad Decisions." The panel provided a counterpoint to the USPTO's presentati...
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Published: Wed, 09 Jul 2014 00:00:00 GMT

REPORT: Federal Court of Appeal updates Section 8 damages law

The Federal Court of Appeal has issued its highly anticipated decisions concerning claims by Teva and Apotex for damages pursuant to Section 8 of the Patented Medicines (Notice of Compliance) Regulations. These claims followed prohibition proceedings involving Apotex and Teva related to generic versions of ramipril, marketed by Sanofi as ALTACE®.
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Published: Wed, 09 Jul 2014 00:00:00 GMT

REPORT: New guidelines for examining and ascertaining trademark rights in administrative cases

The Beijing Higher People’s Court has issued a new set of guidelines for examining and ascertaining trademark rights in administrative appeals and proceedings filed with the court against decisions of the Trademark Review and Adjudication Board under the new Trademark Law regime.
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Published: Wed, 09 Jul 2014 00:00:00 GMT

REPORT: Patent examination guidelines amended for computer software-related inventions

Chapter 12 of the Patent Examination Guidelines specifically addresses computer software-related inventions. Following public hearings and consultation, amendments to the guidelines have now come into effect. Among other things, the guidelines adopt the principle that a software-related invention must possess technical character.
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Published: Wed, 09 Jul 2014 00:00:00 GMT

REPORT: Court grants MSD injuction for infringement by Mylan

Merck Sharp Dohme Corp (MSD) owns a patent protecting the application of the drug finasteride for the treatment of androgenic alopecia. MSD initiated infringement proceedings in 2012 against Mylan, which was marketing a generic finasteride product. The District Court of The Hague recently ruled on this dispute.
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Published: Wed, 09 Jul 2014 00:00:00 GMT

REPORT: Recent amendments to Industrial Property Law

Parliament has adopted certain amendments and procedural changes to the Industrial Property Law, with the aim of harmonising Albanian law with EU legislation and reflecting Albania's accession to the European Patent Convention. The IP rights affected by the amendments are industrial designs, patents and trademarks.
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Published: Wed, 09 Jul 2014 00:00:00 GMT

REPORT: Hold your horses: overall impression governs evaluation of design infringement

A recent decision of the Court of Perugia addressed the criteria for evaluating infringement of a registered design. The judgment confirms the alignment of Italian design law with the consolidated Community design approach.
Read more
Published: Wed, 09 Jul 2014 00:00:00 GMT

EVENT: IPO Annual Meeting

September 7-9, 2014 - Vancouver, Canada. Join your colleagues at this premier event. IPO’s Annual Meeting offers a mix of educational programs led by distinguished presenters, committee meetings, exhibits, and networking functions. Patent topics include AIA Trial Proceedings; Corporate IP Management; Views from the Bench at the Canada–U.S. Border; How to Effectively Protect Enforce Your Company’s...
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Published: Tue, 08 Jul 2014 17:42:23 GMT

Former Superman to join 'Arrow' as The Atom

Brandon Routh, the one-time Man of Steel, is set to take on a "little" role as the head of Queen Consolidated on the hit CW series.
Read more
Published: Tue, 08 Jul 2014 16:20:54 +0000

Business Method Patents: Murkier Water

The long-awaited decision by the United States Supreme Court on business method patents was issued on June 19, 2014.  Unfortunately, the decision raised more questions than it answered.  The expectation was that the Supreme Court would clearly explain the difference between unpatentable abstract ideas and patentable software, including business methods.  Instead, the Court issued a... Continue Rea...
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Published: Tue, 08 Jul 2014 07:30:00 -0800

Tyler Perry Snatches 'What Would Jesus Do' Mark

Clearly. I'll avoid the rampant irony of taking a trademark around Jesus' name, and using The Lord's name in vain for the sake of financial gain. (Isn't there something about that in the Bible?) Television/movie star and man-of-many-faces Tyler Perry successfully snatched away the mark: quot;WHAT WOULD JESUS DOquot; from Reality TV Z-list quot;starquot; Kimberly Kearney (quot;Poprahquot; on I ...
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Published: 2014-07-08T06:00:00.000-07:00

Why Bother With Foreign Patents?

Dear Rich: Why would you bother getting a patent in other countries if you have been granted one in the USA. Surely, if a patent were granted in the USA that would be enough to deter someone from taking it out in other countries? If you had taken out a PCT and filed for the patent in other countries but only taken it to full patent in the USA someone else would surely be prevented from taking a pa...
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Published: Tue, 08 Jul 2014 12:00:05 +0000

Tesla on Patents: Open Source Altruism or Shrewd Business?

Musk has been creating some waves in his role as CEO of Tesla Motors. In a self-authored blog post published on the official Tesla Motors blog, Musk announced that the company was trying to make the company ‘open source’ by allowing other people to infringe on their patent portfolio with the supposed intent of encouraging the development of electric vehicle technologies . . . Of course, it is hard...
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Published: Tue, 08 Jul 2014 09:00:18 +0000

SpicyIP Tidbit: WIPO releases database for economics of IP

WIPO recently released a very useful database of academic literature on the economics of IP. In their words, WIPO#8217;s Economics Literature Database provides an overview of key academic literature that has influenced thinking in the field of intellectual property (IP) economics. The Database is an ideal and convenient starting point for researchers, policy-makers, and anyone else interested in t...
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Published: Tue, 08 Jul 2014 06:00:00 +0000

IPKat readers want fair use: can you believe that?

New Katpoll: Do you think that she got home in time to vote in the UGC poll? On the wave of sexy felon Jeremy Meeks 's photographic (and photogenic) success and subsequent hypothetical fan-created fashion campaigns starring this California-based " blue-eyed gang member ", on 23 June last this blog launched a poll asking its readers the following question: DO YOU THINK THAT EU COPYRIGHT SHOULD HA...
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Published: 2014-07-07T23:59:00-05:00

IPO Releases List of Top 300 Patent Holders for 2013

Life Sciences Top 49 By Donald Zuhn -- Last month, the Intellectual Property Owners Association (IPO) announced the release of its 31st annual list of the top 300 organizations receiving U.S. patents. Patent Docs Readers may recall that the U.S. Patent and Trademark Office stopped releasing its annual list of top patent recipients in 2006 in order to "discourag[e] any perception that we believe mo...
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Published: Tue, 08 Jul 2014 00:00:00 GMT

EVENT: MARQUES 28th Annual Conference

The theme of the MARQUES 28th Annual Conference in Copenhagen is “Traditional Brands in a Digital Market”. Many of the sessions will address different aspects of this question, focusing on the legal issues and challenges of creatively using social media. The conference will include discussions on issues such as new business models on the internet, website selling of counterfeit goods and limits in...
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Published: Mon, 07 Jul 2014 23:30:00 +0000

Another colour trade mark dispute: Langenscheidt vs Rosetta Stone (Yellow)

Yellow While conducting research for a case note on the recent CJEU decision in the 'Oberbank/Santander/DSVG' colourless trade mark decision ( here ), this Kat has come across another contourless colour trade mark dispute. This one is currently pending before the German Bundesgerichtshof (the German Federal Court of Justice, the uninitiated) and relates to the use of shades of yellow on language ...
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Published: Mon, 07 Jul 2014 22:16:49 +0000

Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls Of Delay In Copyright Cases

In Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. __ (2014), the United States Supreme Court addressed the role that the equitable defense of laches – i.e., a plaintiff’s unreasonable and prejudicial delay in commencing suit – plays in relation to a claim of copyright infringement filed within the Copyright Act’s three-year statute of limitations period.  There #8230; Continue Reading
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Published: Mon, 07 Jul 2014 20:51:49 GMT

Isis Mobile Wallet to change name

Since the term "Isis" has become synonymous with a terror group, the digital-payment service is now working on rebranding.
Read more
Published: Mon, 07 Jul 2014 18:36:45 +0000

SpicyIP Tidbit: India’s DBT and DST Call for Comments on Draft Open Access Policy with Respect to Public Funded Research

India#8217;s Departments of Biotechnology (DBT) and Science and Technology (DST) have come out with a draft policy for ensuring that the output of public funded research is published in a freely accessible platform. The Draft Policy states, #8220;since all funds disbursed by DBT/DST are public funds, it is important that the information and knowledge generated through the use of these funds are ma...
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Published: Mon, 07 Jul 2014 18:24:00 GMT

BLOG: Patent values are below peak, but the next big move could be up not down

Over on the IP Kat blog Neil Wilkof has written a piece on an article by Terry Ludlow that we published in the most recent issue of IAM. Entitled ldquo;Signs of the times: trends in technology IP licensingrdquo;, Terry takes a look at the major issues currently affecting technology (read patent) licensing, principally in the US, including a number of recent Supreme Court, CAFC, district court and ...
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Published: Mon, 07 Jul 2014 16:11:56 +0000

Toyota Seeks Patents on Warning and Navigation Systems

Today’s featured application discusses a system designed to better provide warning information to drivers without distracting a driver or displaying redundant information on multiple screens. This system would also ensure that drivers receive the warning message even if the heads-up display or another screen is malfunctioning. Navigational systems for self-driving cars are described in another cou...
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Published: Mon, 07 Jul 2014 15:00:00 +0000

LDS Church and Mormon fundamentalist group set for Canadian clash over concurrent use

The public battles between the Utah-based Church of Jesus Christ of Latter-day Saints (“LDS”) and fundamentalist offshoot Mormon sects are legendary throughout western North America. Although the LDS renounced polygamy 124 years ago, it still fights such sects who practice polygamy, whether through public relation campaigns, excommunication of polygamous members, or assisting law enforcement in pr...
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Published: Mon, 07 Jul 2014 13:43:26 +0000

SpicyIP Weekly Review (30th June- 6th July)

The SpicyIP story of the week is Thomas reporting that India has ratified the Marrakesh Treaty for the Visually Impaired. The treaty aims to increase the access that differently abled people have to copyright protected material. The week began with Aparajita’s announcement that Mr. Ravindra Chingale, a PhD research scholar at NLU-Delhi is carrying out research on Impact of Patent Law on Software i...
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Published: Mon, 07 Jul 2014 12:00:14 +0000

Morgan Lewis Seeks Patent Prosecution Associate for its San Francisco Office

The San Francisco office of Morgan Lewis #038; Bockius, LLP, an international law firm with some 1,400 attorneys, seeks a highly motivated, junior to mid-level associate for our Intellectual Property Practice. The ideal candidates must have patent prosecution experience in the fields of life sciences, preferably with an advanced degree in biochemistry, biomedical engineering, molecular biology, im...
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Published: Mon, 07 Jul 2014 10:54:00 +0000

Pfizer not privy to patent in Jamaica

This Kat was delighted to spot, courtesy of a Tweet from Carpmaels amp; Ransford , an extraordinary case in the Privy Council of interest primarily to patent necrophiliacs, concerning as it does the Jamaican Patent Act 1857 (yes, really), which apparently bears some similarities to the United Kingdom Patent Law Amendment Act 1852. As well as tweeting about it, Glyn Truscott kindly agreed to pen a ...
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Published: Mon, 07 Jul 2014 10:35:00 +0000

Monday miscellany

Do please remember to check out the IPKat's Forthcoming Events page! Several new events have been added of late: some of them might be right up your street! One such event is that which has been brought to our attention by Belinda at the Intellectual Property Office of Singapore (IPOS). Belinda tells us that IPOS’ premier IP event, IP Week @ SG 2014, takes place on 25-27 August 2014 at the Mari...
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Published: Mon, 07 Jul 2014 08:48:00 +0000

Canada - finally joining "Nice" ...

Some exciting news from Canada... well, if you are a trade mark geek enthusiast that is. The Canadian government recently introduced what appears to be a rather impressive change to the Canadian Trademarks Act (or should it still state " trade-mark "); see here for the underlying bill. The changes appear to include the - long awaited? - adoption of the Nice Classification system for Canadian trad...
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Published: Mon, 07 Jul 2014 04:19:00 +0000

Never too late! If you missed the IPKat last week ...

The only thing that can equal Monday mornings in terms of pure depression is discovering that you've missed some Katposts that you would have adored reading if only you'd known about them. The IPKat round-ups, starting today, are the classical two-birds-and-one-stone solution. Every Sunday evening former guest Kat Alberto is kindly preparing, for the delectation of the readership, a list of all th...
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Published: 2014-07-06T23:11:41-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Panacea Biotec, Ltd. 1:14-cv-01064; filed June 26, 2014 in the Southern District of Indiana • Plaintiffs: Eli Lilly and Company; Daiichi Sankyo Co., Ltd.; Daiichi Sankyo, Inc.; Ube Industries, Ltd. • Defendant: Panacea Biotec, Ltd. Infringement of cer...
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Published: 2014-07-06T22:58:16-05:00

Conference & CLE Calendar

July 9, 2014 - "Nautilus and Limelight: The Supreme Court Keeps Chipping Away at Patentees" (McDonnell Boehnen Hulbert amp; Berghoff LLP) - 10:00 to 11:15 am (CT) July 9-11, 2014 - Fundamentals of Patent Prosecution 2014: A Boot Camp for Claim Drafting amp; Amendment Writing (Practising Law Institute) - San Francisco, CA July 20-22, 2014 - 2014 Annual Meeting amp; Conference (National Association ...
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Published: Mon, 07 Jul 2014 00:15:55 GMT

Might Apple have a future as a fashion conglomerate?

With tech apparently heading toward inevitable wearability, might Cupertino be tempted to have a few smaller high-tech/high fashion brands under its wing?
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Published: Sun, 06 Jul 2014 20:40:00 +0000

Something to read this summer II

Advanced Introduction To Cultural Economics is the latest opus, though not a magnum one, from Ruth Towse. Ruth is Professor of Economics of Creative Industries at Bournemouth University's CIPPM , UK as well as a CREATe Fellow in Cultural Economics at the University of Glasgow. The publisher (once again Edward Elgar Publishing) explains the genre of its Advanced Introductions as follows: "Elgar Adv...
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Published: Sun, 06 Jul 2014 20:39:00 +0000

Something to read this summer I

Social Networking: Law, Rights and Policy is a big book in more ways than one. Edited by lawyer, lecturer and author Paul Lambert, it lists contributions by a number of noted commentators from Ireland and beyond: the result is a very busy book, crammed with facts, perspectives, legal analysis and social commentary on many levels. At 520 pages it is not too long -- and, if the enthusiasm of its cre...
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Published: 2014-07-05T22:15:00-05:00

Webinar on Protecting IP Rights After Limelight Networks v. Akamai

Strafford will be offering a webinar/teleconference entitled "Protecting IP Rights After Limelight Networks v. Akamai: Implications for Divided Patent Infringement and Inducement -- Prosecuting and Litigating Patent Claims Following the New Supreme Court Decision" on July 24, 2014 from 1:00 to 2:30 pm (EDT). Sona De and Gene W. Lee of Ropes amp; Gray will provide guidance to patent counsel on the ...
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Published: 2014-07-05T22:10:00-05:00

Webinar on AIA Patent Strategies

Commercial Law WebAdvisorwill be offering a webinar entitled "America Invents Act: Patent Strategies and Reforms Counsel Needs to Know" on July 22, 2014 from 1:00 to 2:30 pm (Eastern). Aaron D. Charfoos of Dykema Gossett PLLC will examine the changes to the patent system introduced by the AIA, as well as strategies in-house counsel and other attorneys advising businesses can employ to put themselv...
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Published: 2014-07-05T22:05:00-05:00

Webinar on New Guidance on Functional Claiming

The American Bar Association (ABA) Section of Intellectual Property Law will be offering a live webinar entitled "Ask the Office: New Guidance on Functional Claiming" on July 30, 2014 from 1:00 to 2:30 pm (ET). Christopher Alan Bullard of Oblon, Spivak, McClelland, Maier amp; Neustadt, L.L.P. will moderate a panel consisting of Nathan James Prepelka of The Webb Law Firm, Alysa N. Youngson of MH2 T...
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Published: 2014-07-05T22:00:00-05:00

Webinar on Alice Corp. v. CLS Bank

Strafford will be offering a webinar/teleconference entitled "Alice Corp. v. CLS Bank: Patent Eligibility of Software-Related Inventions" on July 30, 2014 from 1:00 to 2:30 pm (EDT). Michael L. Kiklis and Stephen G. Kunin of Oblon Spivak McClelland Maier amp; Neustadt will examine the Supreme Court's Alice Corp. v. CLS Bank Int'l decision and its impact on patent eligibility for software-related i...
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Published: Sat, 05 Jul 2014 21:08:33 +0000

EC can’t agree on IP norms but can agree on funding-bans for developing countries that don’t follow them?

On 1st and 2nd July, the European Commission has put out two significant, yet contradicting IPR related press releases. While the first one talks about possible funding bans for developing countries that #8216;violate IPR rules#8217;, the second press release is a perfect example of a major problem with the approach in the first press release! Read on for more: 1. #8220;Strategy for the protection...
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Published: Sat, 05 Jul 2014 13:00:09 +0000

Different Types of U.S. Patent Applications

A non-provisional patent application is a domestic U.S. patent application that has the possibility to mature into an issued U.S. patent if after examination the patent examiner is satisfied that the patentability requirements have been met. So you can get a plant patent, a design patent or a utility patent. Obviously, plant patents come from plant patent applications and design patents come from ...
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Published: Fri, 04 Jul 2014 15:38:00 +0000

Friday fantasies

Braving the mud: expect the unexpected at Glastonbury ... Around the weblogs 1 . Afro-IP reports on the sad and troubling case of Johan Nortje, the South African customs official who was murdered by a hit squad, calling for readers' help here . On the SOLO IP blog, Barbara Cookson is first to comment , in "A Patent Agent's Duty of Care", on a long-running saga of an action seeking damages for neg...
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Published: Fri, 04 Jul 2014 14:56:00 +0000

Have U.S. courts made patents less valuable?

Sometimes what grabs this Kat’s attention, at least for blogging purposes, is a Table that accompanies a longer article. That is the case with Terry Ludlow’s article, “Signs of the times: trends in technology IP licensing”, that appeared in the July-August issue of Intellectual Asset Magazine . The entire article is recommended to Kat readers, but this Kat wishes to focus on Table 2 of the article...
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Published: Fri, 04 Jul 2014 14:35:00 GMT

BLOG: Former InterDigital innovation chief sees big opportunities with new firm

In mid-June Soryn IP Group, which describes itself as a lsquo;patent asset management and advisory companyrsquo;, hired Fatih Ozuluturk, the former VP of innovation at InterDigitial. Ozuluturk, who spent 11 years at the PIPCO before leaving in 2012, joined Soryn as head of technology and innovation. After leaving InterDigital he had pursued a number of his own business opportunities, become an ang...
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Published: Fri, 04 Jul 2014 11:41:00 +0000

EPO prioritises newest (and oldest) files

Not as high profile as the newer applications The IPKat has always been somewhat dismayed by the continued focus on reducing the delay between filing patent applications and the EPO issuing a first opinion on patentability, while ignoring the fact that there are thousands of files in the European system that have gone several years with no action, often despite pleas for attention from the appli...
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Published: 2014-07-03T23:40:12-05:00

Court Report -- Part II

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Otsuka Pharmaceutical Co. Ltd. v. Par Pharmaceutical Inc. 1:14-cv-00789; filed June 20, 2014 in the District Court of Delaware Infringement of U.S. Patent Nos. 5,753,677 ("Benzoheterocyclic Compounds," issued May 19, 1998) and 8,501,730 ("Process for Preparing Bezazepine Compounds o...
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Published: Thu, 03 Jul 2014 22:46:18 GMT

Apple patent looks to smarten up the iPhone's security lock

A newly published patent envisions a more secure smartphone that will require a range of unlocking codes based on users' locations.
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Published: Thu, 03 Jul 2014 20:52:00 +0000

JUMPSTAR goes to court as DOBBIN covers a case of battery

The Department of Belatedly Blogged Interesting Niceties (DOBBIN) has finally got round to writing up Data Marketing and amp; Secretarial Ltd and Winning Deals Ltd v S amp; S Enterprises Ltd and Selective Marketplace Ltd [2014] EWHC 1499 (IPEC) , a ruling of the Intellectual Property Enterprise Court (Judge Hacon) for England and Wales way back on 16 May 2014, when this Kat's head was still full o...
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Published: Thu, 03 Jul 2014 17:45:08 +0000

SpicyIP Weekly Review (23rd to 29th June, 2014)

Devika started the week off with a report on the 136th Meeting of the INTA. She emphasised on the fact that there was a sizeable Indian representation at the meeting and that some of the most pressing trademark issues such as parallel imports, ambush marketing and developments in well-known trademarks were discussed at the meeting. She also highlights the speech of Mr. Ram Awtar Tiwari, Assistant ...
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Published: Thu, 03 Jul 2014 17:01:00 GMT

BLOG: In praise of Judge Koh’s ‘patent troll’ ban in GPNE v Apple

Judge Lucy Koh has barred Apple from using the term lsquo;patent trollrsquo; ndash; along with a host of similarly controversial and vague terms ndash; in its defence against a Northern California patent suit brought by NPE GPNE Corporation.As reported by Forbes, lsquo;privateerrsquo;, lsquo;piratersquo;, lsquo;bounty hunterrsquo;, lsquo;banditrsquo;, lsquo;shakedownrsquo; and lsquo;corporate sh...
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Published: 2014-07-03T17:36:00.003+01:00

A Patent Agent's Duty of Care

Avoiding the client getting its hands on your PI Claims of professional negligence against patent attorneys are seldom brought to trial. Therefore, I was surprised to see a long-running trial against the Bromhead Johnson firm and their partner Dr Spencer in the lists for 11 days before Mr Justice Birss earlier this year. The decision was issued yesterday It describes the tale of a start-up (DualGl...
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Published: 2014-07-03T10:39:39-04:00

Continued Progress Toward Implementing Patent Quality Executive Actions

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee Last June, the White House issued a number of executive actions aimed, in part, at ensuring the highest quality patents possible. One of the executive actions addresses the possibility of overly broad patent claims, particularly in the context of software, and called for the USPT...
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Published: Thu, 03 Jul 2014 13:00:10 +0000

GM Seeks Patent Wireless Collection of Data from Autos

Telematics systems are the focus of a number of patent applications which we delve into today, including today’s featured application, which uses on-board telematics to transmit important automobile information to a central facility. The system is capable of sending more data than previous systems by routing the data through a wireless mobile device used by the driver, reducing the cost of data tr...
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Published: Thu, 03 Jul 2014 08:18:00 GMT

BLOG: Forum shopping in Europe's brave new patent world - bad news for defendants (probably)

In his latest bulletin on some of the issues raised by the creation of the Unified Patent Court (UPC) in Europe, Bristows partner Alan Johnson takes a look at the potential for forum shopping under the new regime. Previously he has written on preliminary injunctions and final injunctions/bifurcation.While the degree to which forum shopping will be an attractive and feasible option for plaintiffs...
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Published: Thu, 03 Jul 2014 03:04:13 +0000

Floating Island Patent Portfolio Combines Clean and Green

Floating Island International (FII) is a Montana-based company that has developed technology for creating islands that can effectively support plant and animal life (full disclosure:  FII is a client of my firm and FII CEO Bruce Kania agreed to be interviewed for this post). The company#8217;s BioHaven® floating islands help maintain the health of wetland [...]
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Published: Wed, 02 Jul 2014 23:54:20 GMT

Microsoft, Canon shake on patent licensing agreement

The two companies will share intellectual property on a "broad range of products and services," including those for certain digital imaging and mobile consumer products.
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Published: 2014-07-02T18:20:59-05:00

Docs @ BIO: Hello, I Must Be Going

Judge Randall Rader Says Goodbye at BIO By Kevin E. Noonan -- Last week, Judge Randall R. Rader, until recently Chief Judge of the Court of Appeals for the Federal Circuit, opened a day-long session on Intellectual Property Law by saying farewell. In a speech at varying times passionate and wistful, the Judge (who is widely viewed as a strong proponent of patent law and thus appreciated by many in...
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Published: Wed, 02 Jul 2014 22:21:00 +0000

Wednesday whimsies

Around the weblogs. A piece on Azrights, "Not-so-public information", reports that "it has been an uphill struggle to get a straight answer as to how we might access a copy of the classification database managed centrally by the European trade mark registry OHIM": readers' suggestions are keenly sought. The increasingly-active SOLO IP blog carries a neat piece from Barbara Cookson, this time on pa...
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Published: Wed, 02 Jul 2014 21:04:09 GMT

'Bong With Friends'? Stoner dating site offers budding romance

No, dating app Bang With Friends hasn't been rebranded again. My420mate.com is its own animal, allegedly the ideal place to meet someone with the same, um, lifestyle as you.
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Published: Wed, 02 Jul 2014 20:48:09 GMT

With World Cup takedowns, FIFA shows social media paradox

Sports broadcasters crack down on 6-second clips of the World Cup, proving again that social media is a company's best friend until it involves copyrights.
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Published: Wed, 02 Jul 2014 19:56:46 +0000

On the Eve of The Esplanade July 4th Fireworks Celebration – Massachusetts May Not Blow Up Non-Competes After All – A Compromise is in the Air

There are signs that the debate over whether to ban non-competes may end in a compromise, a result many, including this blog, have predicted. As we reported in Friday#8217;s post , the Joint Committee on Economic Development and Emerging Technologies held a public hearing yesterday at the Statehouse on HB4802 , which would adopt the Uniform Trade Secrets Act (“UTSA”), #8230; Continue Reading
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Published: Wed, 02 Jul 2014 19:48:45 GMT

Control your computer with a smile

A new invention called Percept-D lets you click and scroll around the screen with facial movements, and even play games hands-free.
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Published: Wed, 02 Jul 2014 19:31:50 +0000

New report from CC: The future is open

Today, we#8217;re excited to launch our new annual report, The future is open. In this report, you#8217;ll learn about: Why the 4.0 CC licenses were a truly global effort. The astounding community-building work that CC affiliates are doing all over the world. Our work in open policy and support for global copyright reform. How software [#8230;]
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Published: Wed, 02 Jul 2014 18:45:04 +0000

LexisNexis Acquires Patent Data Analytics Innovator PatentCore

HORSHAM, Pa., July 1, 2014— Reed Technology and Information Services Inc., a LexisNexis company, today announced an agreement to acquire PatentCore, the Minneapolis-based developer of the LexisNexis® PatentAdvisorSM solution suite. The acquisition will enhance the LexisNexis intellectual property (IP) offerings and give customers access to a broader range of innovative and unique IP services. “Our...
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Published: Wed, 02 Jul 2014 17:36:56 +0000

Microsoft Seeks Patent on Avatar Based Shared Media Experience

The featured patent application discusses a social networking method which tries to enhance the shared viewing of video content among a group of people in geographically diverse locations. The movie theater interface gives group members the opportunity to communicate thoughts and emotions with others watching the same content. More intelligent computing systems for task management and advertising ...
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Published: Wed, 02 Jul 2014 17:03:56 +0000

Welcome to the New MichaelGeist.ca

Welcome to the new look MichaelGeist.ca. Months in the making, the site is new in just about every way: a new cleaner, more colourful design, new content management system (from Joomla to WordPress), updated content, new topic pages for the most popular issues discussed on the site, and better search and social media functionality. The new site still uses a Creative Commons licence and now adds do...
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Published: Wed, 02 Jul 2014 13:06:25 +0000

Cable, Copyright and the Consumer: The Cases of Aereo and Jadoo TV

Recently, the US Supreme Court held that Aereo Inc’s innovative business model of airing cable signals through tiny personal antennae to individual subscribers over the internet violated the copyright of broadcasters. We have previously carried a Guest Post by Mr. Manoj Menda summarising the decision, here.  Along the same lines, in Hyderabad, the police busted what the media has called a “satelli...
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Published: 2014-07-02T06:00:00.000-07:00

Design Patent Protection for Pendant

bird food pendant Dear Rich: I want to protect my designed pendants in the USA. What should I do? And what cost per pendant design? And how long will it take? A design patent may take one year or more to issue (although half of the applications issue in less than a year). An applicant can speed things along -- that is, obtain a design patent within two to six months -- by filing a Request for Exp...
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Published: Wed, 02 Jul 2014 11:29:00 +0000

Guidelines for interlocutory revision need revision

The European Patent Office (EPO) recently published its review of case law from 2012 and 2013. The IPKat’s eye was caught by a statement criticising the current EPO Guidelines on interlocutory revision ( E-X, 7.1 ). (Merpel notes that when economist Paul Krugman strays from popular topics into the arcane and academic in his New York Times column, he flags this in the headline with the word “ wonki...
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Published: Wed, 02 Jul 2014 09:38:42 +0000

Court Construes Distributed Data Storage Patents

Cleversafe, Inc. v. Amplidata, Inc., No. 11 C 4890, Slip Op. (N.D. Ill. May 20, 2014) (Lee, J.). Judge Lee construed the disputed claim terms of the patents in this patent dispute regarding distributed data storage systems.  Of particular note, the Court held as follows: “Data slice” and “plurality of data slices” was construed as... Continue Reading
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Published: 2014-07-02T10:07:00.001+01:00

Grace as a Safety Net

Tegernsee where the IPOs met Yesterday I attended a roundtable meeting organised by the UK IPO to discuss how or indeed whether they should take forward proposals for the introduction of a grace period following the research carried out by a group of national patent offices under the romantic name of the Tegernsee user consultation. The report is here. As we introduced ourselves around the table ...
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Published: 2014-07-01T23:59:00-05:00

Docs @ BIO: USPTO Provides Update on Myriad-Mayo Guidance

By Donald Zuhn -- At last week's BIO International Convention in San Diego, Andrew Hirshfeld, USPTO Deputy Commissioner for Patent Examination Policy, and June Cohan, a Legal Advisor with the USPTO's Office of Patent Legal Administration, took part in a BIO session that provided some of the Office's initial observations regarding written comments submitted to date on the Myriad-Mayo guidance memor...
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Published: Wed, 02 Jul 2014 00:00:00 GMT

REPORT: Delhi High Court rules on presumption of validity under Indian patent law

The Delhi High Court recently reversed its previous order of December 18 2013, which had issued an ex parte interim injunction against Venus, restraining it from infringing 3M’s Indian patent. One key aspect of this decision was the court’s ruling on the presumption of validity of a patent and the relative irrelevance of the six-year rule in Indian patent law.
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Published: Tue, 01 Jul 2014 22:22:22 +0000

President Obama Poised to Nominate Phil Johnson PTO Director

Johnson has detractors, which is almost incomprehensible, but there are those who are unhappy. . . Johnson's detractors are also pointing to the fact that he was not in support of the most recent round of patent "reform," but truthfully very few within the industry were in favor of the latest patent legislation, which is why it went down to a rather ignominious defeat. There were some within the t...
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Published: Tue, 01 Jul 2014 20:35:03 +0000

Legal 500 Names Seyfarth Shaw as a Finalist for Top Trade Secrets Litigation Department in the U.S.

T he 2014 edition of The Legal 500 United States recommends Seyfarth Shaw’s Trade Secrets group as one of the best in the country. Nationally, our Trade Secrets practice moved up one position from the 2013 rankings to Tier 2. In addition, Legal 500 has launched its first-ever shortlist for U.S. awards, and we are very pleased to report that #8230; Continue Reading
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Published: Tue, 01 Jul 2014 17:45:11 GMT

Directions to a shortcut to classic Google Maps

If you prefer the older, simpler brand of Google Maps, we have a link for you.
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Published: Tue, 01 Jul 2014 17:23:00 GMT

BLOG: If not Johnson for the USPTO, then who?

By most measures Phil Johnson would appear to be an excellent choice as the next director of the USPTO. That the Obama Administration appears to be delaying putting his name forward says much about the febrile climate that currently engulfs the debate around patents in the US.Having joined Johnson amp; Johnson in 2000 after a career in private practice, Johnson has made his way through a number ...
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Published: Tue, 01 Jul 2014 17:00:42 GMT

Google, Microsoft brands bigger than Apple's? One study says yes

The FutureBrand Top 100 Index asks "informed consumers" to rate brands. Google comes first. Apple is beaten even by Microsoft.
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Published: Tue, 01 Jul 2014 15:48:53 +0000

SpicyIP Tidbit: India ratifies the Marrakesh Treaty for the Visually Impaired

In an encouraging step towards promoting accessibility among the differently abled, India became the first country to ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, 2013. The treaty aims to increase the access that differently abled people have to copyright protected material. This will dilute an extreme...
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Published: Tue, 01 Jul 2014 14:54:00 +0000

A new view of You View? No shilly-shallying over discretion, rules General Court

Coming to the rescue, the General Court of the European Union gave its decision today in Case T‑480/13 , You-View.tv v Office for Harmonisation in the Internal Market (OHIM), YouView TV Ltd , another sad saga in YouView TV's recent litigation history [on which see earlier Katpost here ]. In September 2011 British company YouView TV applied to register the word sign YouView+ as a Community trade ...
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Published: Tue, 01 Jul 2014 13:53:00 +0000

BREAKING NEWS: EU Commission releases new Action Plan on IPR enforcement

The EU Commission has just adopted a Communication on an Action Plan [a real working document, published with track changes still on] aiming at renewing the consensus [thus assuming that consensus might not be as enthusiastic as it used to be ...] on the enforcement of IP rights, and a Strategy [the text of which is apparently still unavailable?] for the protection and enforcement of IP rights in ...
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Published: Tue, 01 Jul 2014 12:25:38 +0000

PTO Deputy Michelle Lee Says the Patent System Needs Change

If there was a major message to take away from Michelle K. Lee’s speech at Stanford Law School on Friday, June 27, it was that the patent system needs change to properly address the needs of an ever-growing list of stakeholders in the patent process, including the general public… Lee argues that, currently, the benefits of maintaining our country’s patent system outweigh the costs, but the dialogu...
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Published: Tue, 01 Jul 2014 12:09:52 +0000

Guest Post: SCOTUS shoots down Aereo in American Broadcasting Companies Inc v. Aereo Inc.

Aereo is a company in the US which broadcasted television programmes over the internet for a monthly rental fee. On 25th June, 2014, SCOTUS held that Aereo#8217;s model amounted to a #8220;public performance#8221; of the petitioners#8217; copyrighted works, thereby constituting infringement. The decision can be accessed here. SpicyIP, in this Guest Post by Mr. Manoj Menda, brings you a quick updat...
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Published: Tue, 01 Jul 2014 11:46:00 +0000

No exhaustion beyond software: Katfriend translates German decision on audiobooks

Katfriend Johannes Großekettler A few days ago fellow Kat Alberto reported on the decision of the Court of Appeal of Hamm (Germany), which upheld the earlier ruling of the Regional Court of Bielefeld [ here ] , and held that the right of distribution is not subject to exhaustion when it comes to digital subject-matter [audiobooks in that case] other than software. In so doing, the German court d...
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Published: 2014-06-30T23:59:00-05:00

Docs @ BIO: BNA Issues Report on PTO's Patent Eligibility Guidance

By Kevin E. Noonan -- Sounding an appropriately alarmist note, the Bureau of National Affairs (BNA) Life Sciences Law and Industry Report issues the results of a study on how the U.S. Patent and Trademark Office is administering its March 4, 2014 Guidance on subject matter patent eligibility developed in view of the Supreme Court's decisions in Mayo v. Prometheus and AMP v. Myriad Genetics. Entitl...
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Published: Mon, 30 Jun 2014 23:01:00 +0000

The IPKat and his friends: an update

Happy new month! July is always a transitional time for this weblog, since every six months the team gets a bit of a spring-clean. Regular members of the blog team sometimes disappear to pastures green or step away from blogging for a while in order to take a sabbatical; it's also a time when new faces arrive and those on sabbatical return. We also say a fond farewell to our departing squad of thr...
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Published: Mon, 30 Jun 2014 22:08:00 +0000

Alice in Patentland: a comic perspective

Here's the first page ... A picture of wisdom. The IPKat's talented and imaginative friend Julia Powles has found a bright and memorable way to depict the tale of the US software patent saga of Alice v CLS Bank [noted on this weblog here ], featuring Judges Rader, Thomas, Scalia et al in -- you may have guessed correctly -- Patentland. You can see for yourself on Wired.co.uk, 30 June 2014, here ....
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Published: Mon, 30 Jun 2014 20:35:24 +0000

San Francisco Firm Seeks Patent Prosecution Lawyer

The San Francisco office of Davis Wright Tremaine LLP is seeking a patent prosecution lawyer with a minimum of four years of legal experience in the fields of electronics, software, networking and related fields to join our IP/Patent team, or one to four years of legal experience coupled with commensurate industry experience.
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Published: Mon, 30 Jun 2014 18:49:18 +0000

USPTO Opens Permanent Satellite Office in Denver, Colorado

Acting U.S. Deputy Secretary of Commerce Bruce Andrews and Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee, along with several elected officials, today participated in a ribbon-cutting ceremony to officially open the permanent location for the USPTO Rocky Mountain Regional Office in Denver, Colorado. Located in the Byron G. Rogers Feder...
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Published: Mon, 30 Jun 2014 18:21:19 +0000

Trademark trouble for posturing peaceniks?

Originally posted 2008-06-25 19:37:54. Republished by Blog Post PromoterHarvey of IMAO is on top of what promises to be a huge #8212; record-setting, perhaps #8212; IP story: While attempting to create the world#8217;s largest peace sign, festival-goers in Ithaca, NY, created the world#8217;s largest Mercedes sign by mistake. 5814 participants gathered to form the familiar [...]
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Published: Mon, 30 Jun 2014 18:21:17 +0000

An army of patent avengers

Originally posted 2006-05-19 09:44:12. Republished by Blog Post Promoter A New Zealand actor#8217;s quest for revenge against Amazon for the minor inconvenience of having to wait for a book has spurred the PTO to reconsider the Amazon One-Click patent, according to a report from the antipodes.
Read more
Published: Mon, 30 Jun 2014 17:08:00 +0000

The best of all possible copyright worlds

It is not easy to talk about copyright and the public domain nowadays and say anything concrete without sounding ideological. During his lecture at UCL [on which see Annsley’s full report here ] , Professor Hugh Hansen brilliantly managed to hit at least one of these two targets, allowing the audience to bring home at least three key concepts: (a) There is an ongoing war between copyright holder...
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Published: Mon, 30 Jun 2014 16:59:30 +0000

Short Questionnaires for Patent Agents and Software Engineers

Mr.  Ravindra Chingale is a Ph.D. research scholar at the  National Law University Delhi and is also a consultant to the Ministry of Law and Justice. He is carrying out research for his project #8216;Impact of Patent Law on Software Industry in India#8217;. As a part of his research he wishes to carry out a survey of software companies and he has prepared two short questionnaires for the same. The...
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Published: Mon, 30 Jun 2014 16:01:00 GMT

BLOG: IBM, the world’s IP armourer, at it again with Pure deal

Earlier this month, flash data storage start-up Pure Storage announced that it had acquired around 150 granted patents and applications from IBM, in addition to entering into a cross-licensing agreement with the company. Financial details of the deal were not disclosed. Writing for Purersquo;s blog, CEO Scott Dietzen stated that while organically-developed IP is ldquo;essentialrdquo; it is ldquo;s...
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Published: Mon, 30 Jun 2014 13:00:53 +0000

Xerox to Sell Patents in Sealed Bid Auction

Xerox (NYSE: XRX), a global leader in business processes and document management systems, has engaged intellectual property brokerage ICAP Patent Brokerage, the world's largest intellectual property brokerage and patent auction firm, to auction 239 U.S. patents and associated foreign patents and pending patent application. The patents represent projects from Xerox’s five global research centers, i...
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Published: 2014-06-30T06:00:00.000-07:00

Simple Song Co-Ownership Agreement

mick amp; keef: two of our favorite co-owners Dear Rich: Presently, I'm trying to memorialize some collaborations. One is a set of songs that I and a producer worked on. I wrote words and the melody, and he did arrangements based on that. One is a set of songs I and a producer worked on. I wrote words and the melody, and he did arrangements based on that. The other is a remake I'm expecting to do...
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Published: Mon, 30 Jun 2014 11:44:00 +0000

Five file-sharing facts – and a farewell from me

For my last post in my sixth month stint as a guest Kat, I thought I would draw together a couple of developments on (or at least related to) one of my favourite subjects – blocking injunctions (see here and here for two of my previous efforts on this front). 1. In the Netherlands, battle has been raging for years between BREIN , a Dutch anti-piracy organisation and XS4ALL and Ziggo, two Dutch...
Read more
Published: Mon, 30 Jun 2014 10:22:00 +0000

Monday miscellany

Fun in the sun . This year's IP Summer School -- IBC Legal's 14th Annual IP Law Summer School to be precise -- is coming up soon. From 18 to 22 August 2014, a happy crew of IP enthusiasts will be gathering together in the splendid setting of Downing College, Cambridge, to enjoy each others' company as well as five days of intensive fun-filled instruction. The latter is supplied by a team of highly...
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Published: 2014-06-30T07:12:00.000+01:00

July JIPLP: even more available than before ...

The July 2014 issue of the Journal of Intellectual Property Law amp; Practice was published online in its entirety on 12 June (click here for publication announcement and contents list), most of its content having been individually posted online ahead of that date. The printed version has now been published and despatched, and should be with subscribers soon if they have not already received it. M...
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Published: 2014-06-29T23:21:48-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Mylan Inc. et al. 1:14-cv-00777; filed June 19, 2014 in the District Court of Delaware • Plaintiffs: Novartis Pharmaceuticals Corp.; Novartis AG; Novartis Pharma AG; LTS Lohmann Therapie-Systeme AG • Defendants: Mylan Inc.; Mylan Pharmaceutic...
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Published: 2014-06-29T23:10:38-05:00

Conference & CLE Calendar

June 30, 2014 - "Drafting Patent Claims After In re Packard: Navigating the New PTO Regime for Evaluating Indefiniteness" (Strafford) - 1:00 to 2:30 pm (EDT) July 9, 2014 - "Nautilus and Limelight: The Supreme Court Keeps Chipping Away at Patentees" (McDonnell Boehnen Hulbert amp; Berghoff LLP) - 10:00 to 11:15 am (CT) July 9-11, 2014 - Fundamentals of Patent Prosecution 2014: A Boot Camp for Clai...
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Published: 2014-06-29T16:41:00.000+01:00

Cateys 2014 :: the Brand at Work

This week Filemot will be attending the Catey Awards - an event to honour those who work in the Hospitality Industry. Of late the Hospitality Industry has provided an increasing number of clients to the intellectual property world as the importance of branding to a once- local business activity has become apparent. One of the biggest issues is "own name" ownership and none fell as hard as CIPRIAN...
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Published: Sun, 29 Jun 2014 14:47:00 GMT

BLOG: Hon Hai seeks to monetise patents acquired from NEC in suits launched against Japanese trio

Over recent years Hon Hai has proved itself to be an Asian IP pioneer, and now the Taiwanese business ndash; which is one of Applersquo;s main manufacturing partners in its other guise as Foxconn ndash; is doing it again. It was announced last week that the companyrsquo;s US affiliate MiiCs amp; Partners is suing Toshiba, Funai Electric and Mitsubishi Electric in Delawarersquo;s Federal District C...
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Published: Sun, 29 Jun 2014 13:00:19 +0000

Alice on Software Patents: Preemption and Abstract Ideas

EDITORIAL NOTE: This article is a continuation of Alice, the Illusory Death of Software Patents. We can return to the beginning of the analysis and revisit preemption. As stated, the Court sees § 101 as protecting the big ideas that are fundamental to commerce, science, and technology, patents that would preempt and “block” innovation. The [#8230;]
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Published: Sun, 29 Jun 2014 12:20:33 +0000

Josh Salinas Explains How Drones Could Pose a Threat to the Protection of Trade Secrets

The commercial and personal use of drones are becoming increasingly more prevalent. Indeed, there were allegations during the ongoing World Cup that a drone was purportedly used to spy on a team’s practices by an opponent who was looking to gain a competitive advantage. Josh Salinas weighs in on the potential threat drones may pose to the protection of trade #8230; Continue Reading
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Published: Sat, 28 Jun 2014 21:21:26 GMT

Could Microsoft's Surface become the 'Lumia'?

A rumor emerges that Microsoft will integrate certain elements of Nokia branding into its product names. Would this be madness?
Read more
Published: Sat, 28 Jun 2014 13:00:04 +0000

Utility Patent Applications – Content and Substance

In order to obtain a utility patent one must file what is referred to as a non-provisional application or a non-provisional utility application. It is called “non-provisional” to distinguish it from a provisional patent applications . . . When you file a non-provisional application your application will be preliminarily reviewed by a Patent Office employee to see if all of the parts of the applica...
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Published: Sat, 28 Jun 2014 11:49:00 +0000

Airline accessories action comes crashing down as passing off claim fails

Over the past fortnight I have spent in excess of 30 hours on aircraft, from London to Singapore to Kota Kinabalu in Borneo , from Sandukan back to Kota Kinabalu and home again, so it is fitting that my first post back from holiday should be about some of the few comforts afforded to economy class passengers onboard planes. This is just me and a monkey taking a selfie, nothing to do with the...
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Published: Fri, 27 Jun 2014 23:44:32 GMT

Samsung exec: People aren't fooled by Apple anymore

Jae Shin, VP of Samsung's Knox mobile security group, says that once upon a time people were moved by branding. Now, he says, they know better.
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Published: 2014-06-27T18:21:16-05:00

USPTO Extends Deadline for Providing Feedback on Myriad-Mayo Guidance

By Donald Zuhn -- As we reported earlier this week, the period for submitting written comments to the U.S. Patent and Trademark Office regarding the Office's Myriad-Mayo guidance memorandum has been extended to July 31, 2014. The Office initially announced a soft deadline of the end of June for submitting written comments at its May 9th forum on the guidance memorandum (officially entitled "Guidan...
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Published: Fri, 27 Jun 2014 22:01:49 +0000

Another Public Hearing Scheduled for Massachusetts Non-Compete Bill: What’s Next?

We reported in our post of June 11th that Governor Patrick had introduced a sweeping economic growth bill (HB4045) #8212; that, if passed, would ban employee non-competes in the Commonwealth. We also explained that subsequent to Governor Patrick’s bill, another bill ( HB4082 ), was introduced that stripped Governor’s Patrick’s bill and left only those portions dealing with trade secrets #8230; Con...
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Published: Fri, 27 Jun 2014 21:57:28 +0000

USPTO Issues Preliminary Examination Instructions in Light of Alice Corp.

In Alice Corporation Pty. Ltd. v. CLS Bank International, el al., Case No. 13-298 (decided June 19, 2014)  (#8220;Alice Corp.#8221;) the Supreme Court unanimously held that the subject patent claims are not patent-eligible under 35 U.S.C. § 101.  The patents at issue are directed toward a process for mitigating #8220;settlement risk,#8221; i.e., for financial exchange #8230; Continue Reading
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Published: Fri, 27 Jun 2014 18:11:51 +0000

Natco vs Abraxis: Patent Win, but Regulatory Struggle

On June 18th, 2014, the Indian Patent Office, for the second time, denied a patent to the anti cancer drug Abraxane manufactured by US- Based Abraxis BioSciences. The first rejection by the IPO was earlier in 2009, based on a pre-grant opposition filed by generic drug manufacturer Natco Pharmaceuticals.  Earlier this year, SpicyIP had reported that Abraxis had appealed this rejection to the IPAB o...
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Published: Fri, 27 Jun 2014 16:36:10 +0000

Upcoming On-Demand Webinar: International Trade Secrets and Non-Compete Law Update

To accommodate our global audience, the fifth installment in the 2014 Trade Secrets Webinar Series will be available as an on-demand broadcast on Thursday, July 31, 2014 at 9:00 a.m. Central. Please register to receive access to the broadcast. Seyfarth attorneys Wan Li, Ming Henderson, Justine Turnbull and Daniel Hart  will focus on non-compete and trade secret considerations from an #8230; Cont...
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Published: Fri, 27 Jun 2014 15:23:47 +0000

Alice, the Illusory Death of Software Patents

With apologies to the great humorist, the report of the death of software patents is an exaggeration. The Court set forth a two-step test grounded in Bilski v. Kappos and Mayo v. Prometheus. While the Court may not have defined a clear boundary for so called “abstract ideas” specifically, it did squarely place this case within the “outer shell” of the law set forth in Bilski and Mayo. In doing so ...
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Published: Fri, 27 Jun 2014 15:17:00 +0000

How will increasing numbers of old geezers affect intellectual property?

Ageing is ever a work-in-progress—just ask this hoary Kat. Beyond individual aches and pains, the subject of ageing and the resulting demographics have increasingly occupied social scientists and policy-makers across various fields. In brief, the argument runs as follows: at the back end, people are living longer, to some extent working longer (either by necessity or choice), on the one hand, but ...
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Published: 2014-06-27T15:33:00.000+01:00

Even more books to review

Here's yet another list of books for which JIPLP seeks reviewers. If you think that you are the right person to review one of these titles, please email Sarah Harris at sarah.harris@oup.com and tell her, by not later than close of play on Wednesday 2 July. If you are not yet known to us, please let us have sight of your CV or some other explanation as to why you feel that the book should be review...
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Published: Fri, 27 Jun 2014 15:13:42 +0100

Should Canadian Courts Decide What the World Gets to See Online?

The challenge of jurisdiction and the Internet has long been one of themost contentious online legal issues. Given that the Internet has little regard for conventional borders, the question of whose law applies,which court gets to apply it, and how it can be enforced is seeminglyalways a challenge.Striking the right balance can be exceptionally difficult: if courts are unable to as...
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Published: Fri, 27 Jun 2014 13:05:00 GMT

BLOG: Despite the patent ‘giveaway’, Tesla has been monetising its portfolio all along

After Teslarsquo;s widely reported ndash; and much misunderstood ndash; announcement earlier this month that it would not sue anyone who, ldquo;in good faithrdquo;, uses their patented technologies, a Thomson Reuters study claims that the company has concurrently monetised its patents by collateralising them to secure financing.According to the Washington Post, a Thomson Reuters analysis of Tesl...
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Published: 2014-06-27T06:00:00.000-07:00

Copyright Recipes? 86!

one of our favorite recipes: arepa sandwich from Victory Burger Dear Rich: Our neighborhood watch committee is going to raise money with a street fair and food and we're also selling a cookbook that we're making on CreateSpace. One of the people contributing three recipes said he wanted the copyright on his recipes to be in his name. What do I do? Including a copyright notice on his recipes -- fo...
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Published: Fri, 27 Jun 2014 11:53:43 +0000

India on International Piracy Watch-list; Reasons include presence on watch-list

In yet another unilaterally decided list, a caucus of US Congressmen have named India as one of four countries on their #8220;International Creativity and Theft-prevention Caucus Watchlist#8221;. The other three countries named are China, Russia and (surprisingly) Switzerland. The Congressmen include Bob Goodlatte, a co-author and sponsor of the infamous SOPA bill. For India, they state, #8220;Des...
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Published: Fri, 27 Jun 2014 11:08:00 +0000

Friday fantasies

It's time to exercise a restraining influence ... Readers' comments . Over the years, one of the most cherished institutions of this weblog has been the facility to post readers' comments. While this facility is moderated, the blog team has sought to exercise its prerogative to block readers' comments only where they are plainly spam, entirely irrelevant or (relatively infrequently) defamatory or...
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Published: 2014-06-27T10:29:00.000+01:00

CJEU allows website-blocking injunctions with some reservations

Author: Martin Husovec (IMPRS-CI Doctoral Research Fellow at Max Planck Institute for Innovation and Competition) UPC Telekabel Wien, Case C-314/12, Court of Justice of the European Union, 27 March 2014 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu101, first published online: June 19, 2014 The Court of Justice of the European Union (CJEU) issued its long-awaited...
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Published: Thu, 26 Jun 2014 22:46:00 +0000

Fed up with the footie? Here's something to read

The FIFA World Cup has only been up and running for a couple of weeks, and it seems to this Kat that numerous people are becoming quite sick and tired of it. Some resent the saturation coverage on TV, radio and online; others are just sore that their own team has been eliminated, or jealous that a rival nation of footballers whom they consider inferior has progressed further than their own team. I...
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Published: Thu, 26 Jun 2014 21:08:13 +0000

Patent Spotlight on Sony: Exercise Support Apparatus for Elderly

A device that better provides assistive therapies to elderly or physically handicapped individuals is discussed in today’s featured patent application. This device is more cost-effective and easy to wear than prior exercise support devices designed to assist walking, providing effective response to a wearer’s leg movement. We also noticed a couple of patent applications describing improvements to ...
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Published: 2014-06-26T12:17:49-05:00

Docs @ BIO -- Federal District Court vs. the PTAB

By Andrew Williams -- Earlier today, BIO 2014 presented a session entitled "Navigating Patent Challenges Under the America Invents Act" during which the presenters analyzed the differences between patent challenges in Federal District Court and before the Patent Trial and Appeals Board ("PTAB"). The panelists that discussed this issue were Judge Dana Sabraw of the U.S. District Court for the South...
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Published: Thu, 26 Jun 2014 16:47:00 GMT

BLOG: Judge power - injunctions and bifurcation under the EU unitary patent litigation system

In the second of his series of pieces on the rules pertaining to Europersquo;s Unified Patent Court (UPC), which is expected to begin operating some time in the next few years, Bristows partner Alan Johnson looks at how final injunctions and bifurcation are set to be treated (you can see Alanrsquo;s first piece on preliminary injunctions here).The ability to shut a defendant out of a huge market...
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Published: Thu, 26 Jun 2014 16:29:39 +0000

Tesla motors open source initiative and the Future of Intellectual Property

Recently in a welcome development Tesla motors made an announcement that it will not initiate lawsuits against anyone who in good faith wants to make use of their patented electric car technology. Nikola Tesla would have been proud!  To use the inimitable phraseology of the legendary Nikola tesla    “I don#8217;t care that they stole my idea; I care that they don#8217;t have any of their own” The ...
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Published: Thu, 26 Jun 2014 16:26:43 +0000

Guest Post: When (C) meets CM

Yesterday, the Hindu carried an article on what seems to be some egregious copyright claim over some classical Carnatic compositions. Much earlier, Sumathi had written a post for us on the bootlegging of some classical Carnatic performances (where, incidentally most artists turned a convenient blind eye) but I don#8217;t think we#8217;ve come across an instance like the present one where recording...
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Published: Thu, 26 Jun 2014 14:44:27 +0000

USPTO Proposes Changes to Patent Term Adjustment in Response to Novartis

Recently, the United States Patent and Trademark Office proposed changes to the rules of practice pertaining to the patent term adjustment provisions in view of the decision by the United States Court of Appeals for the Federal Circuit in Novartis AG v. Lee. Novartis filed law suits that challenged the determinations by the USPTO of how [#8230;]
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Published: 2014-06-26T06:00:00.000-07:00

Can Co-Writer Reprint Lyrics in Book

Lorenz Hart (one of our favorite lyricists) Dear Rich: If John (lyrics) and Mark (music) create a joint-work both owning 50% of the copyright, can John write a book of poems with his lyrics to the song in the book, without getting permission from Mark. If James (record company owner) owns the master, does John need to seek permission from James to use the lyrics to the song in a book of poems? Un...
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Published: Thu, 26 Jun 2014 12:53:32 +0000

Clean Tech in Court: Green Patent Complaint Update, Part I

A number of green patent complaints have been filed in the last several months in the areas of hybrid electric vehicles, ethanol production, LEDs, water treatment, and exhaust treatment catalysts.  This post covers new lawsuits filed from late 2013 to the end of March 2014. #160; Hybrid Electric Vehicles Paice LLC v. Ford Motor Company [...]
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Published: Thu, 26 Jun 2014 12:46:43 +0000

SPICY IP TIDBIT: Zee News’ YouTube Channel Terminated Briefly

Recently, Zee News (one of India’s leading news channels) found itself in a soup when its YouTube channel was terminated by YouTube amid “multiple third-party notifications of copyright infringement.” It is understood that the account was terminated on 24th June and was reinstated as of 25th June, 2014. In the absence of an official statement from Zee News Ltd. or YouTube in this regard, the reaso...
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Published: Thu, 26 Jun 2014 11:22:00 +0000

Crumbs of comfort: McCambridge doesn't even get half a loaf's worth

There is an old and non-legal maxim that " half a loaf is better than none ". But here's a case where a successful plaintiff didn't even get as much as that. It's McCambridge Limited v Joseph Brennan Bakeries [2014] IEHC 269 , a recent High Court (Commercial Division) ruling of the thoughtful and erudite Mr Justice Charleton dating back to 27 May. Apologies for the slow post, but this ruling took ...
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Published: Thu, 26 Jun 2014 11:20:00 +0000

Private copying and levies: what is the AG Opinion in Copydan all about? A Katfriend explains

Katfriend and private copying guru Javier Ramirez As reported by the IPKat, last week Advocate General (AG) Cruz Villalón issued his Opinion in Case C-463/12 Copydan Båndkopi v Nokia, a reference for a preliminary ruling from the Østre Landsret (High Court of Eastern Denmark) regarding - among other things - the private copying exception within Article 5(2)(b) of the InfoSoc Directive , in parti...
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Published: Thu, 26 Jun 2014 02:00:00 +0000

Sir Hugh Laddie Lecture: Professor Hugh Hansen warns of the culture of the public domain

The AmeriKat, five years ago, when she really was a tiny little kitten It has been five years since the first Sir Hugh Laddie lecture at UCL's Institute of Brand and Innovation Law . In June 2009, the world was coming to terms with the death of Michael Jackson, Justice Sotomayor (as she now is) had only just been nominated to the Supreme Court, L'Oreal v Bellure was before the ECJ (as it then was...
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Published: 2014-06-25T20:49:38-05:00

USPTO Issues Preliminary Examination Instructions Regarding Alice Corp. v. CLS Bank International

By Michael Borella -- The U.S. Patent and Trademark Office (USPTO) wasted no time providing guidance to its examining corps regarding the recent Supreme Court decision in Alice Corp. v. CLS Bank International. Just one week after the Justices struck down all of Alice's method, device, and system claims as being patent-ineligible under 35 U.S.C. § 101, the USPTO has published a memorandum with its ...
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Published: Wed, 25 Jun 2014 21:04:02 GMT

Facebook has Oculus, Google has Cardboard

Google carves out a small slice of its annual I/O developers conference to give a shoutout to virtual reality, with a not-so-hi-tech invention.
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Published: Wed, 25 Jun 2014 19:18:53 +0000

USPTO Guidance on Alice v. CLS – Software Still Patentable

At least initially, the USPTO instructions to examiners seems extremely patentee friendly, which I must say comes as a surprise given the largely anti-patent rhetoric that has come from the White House over the last 16 months. Indeed, the USPTO has told examiners that the reason Alice's claims were determined to be patent ineligible was because "the generically-recited computers in the claims add ...
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Published: Wed, 25 Jun 2014 16:41:50 GMT

Oculus denies ZeniMax claim about virtual-reality trade secrets

In court filing, Oculus says ZeniMax "suddenly began asserting supposed ownership rights" over VR technology only after Facebook announced $2B Oculus buyout.
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Published: Wed, 25 Jun 2014 16:31:32 GMT

Aereo is illegal, Supreme Court says, in big win for broadcasters

The US Supreme Court rules against streaming-television service, in a 6-3 split opinion that effectively requires Aereo to pay copyright fees or shut down.
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Published: Wed, 25 Jun 2014 11:22:20 -0500

Aereo Loses

In a 6-3 decision, the Supreme Court has acted to close a loophole in copyright law . We've discussed in the past how Aero narrowly tailored its business model and architecture to fit in this loophole ; this result likely means the end of their business. I'm sure there will be plenty of analyses flowing, and lots of people commenting on the implications of this decision . It seems like a small ...
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Published: Wed, 25 Jun 2014 16:08:22 +0000

SCOTUS: Streaming TV Over Internet is Copyright Infringement

Using an all too familiar "logical" construct, the Supreme Court determined that what Aereo did was not a public performance within the meaning of the Copyright Act, but was still infringement because it was a public performance. This construct, which often appears in patent cases, is logically absurd, but without anyone to review the Court's decisions they seem completely comfortable rendering in...
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Published: Wed, 25 Jun 2014 14:39:02 GMT

Pioneer debuts Atmos-friendly speakers and receivers, full system starts at $4,750

Pioneer's new Elite-branded speaker system was designed by Andrew Jones and features top-mounted drivers.
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Published: Wed, 25 Jun 2014 14:12:12 GMT

Aereo must pay copyright fees, Supreme Court says

The US Supreme Court ruled against streaming-television service Aereo, in a 6-3 split opinion that effectively makes it illegal as it operates now.
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Published: 2014-06-25T06:00:00.000-07:00

The Case of The Partially Public Domain Character

Dear Rich: Help! I'm working on a graphic novel using Dr. Jekyll and Mr. Hyde and Sherlock Holmes. I thought Sherlock Holmes was in the public domain but recently read that some Sherlock Holmes is now in the public domain but some isn't. That made me wonder if Dr. Jekyll and Mr. Hyde were public domain? How do you know for sure which is PD and what isn't? Yes, Jekyll, Hyde and Holmes are in the pu...
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Published: Wed, 25 Jun 2014 11:16:00 +0000

Wednesday whimsies

Hark! On Tuesday 1 July hearings before the Court of Justice of the European Union take place in two key pieces of litigation regarding the future of patents in Europe. The are Hearing is the easy bit... Case C-146/13 Spain v Parliament and Council , this being an action for annulment of Regulation 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanc...
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Published: Wed, 25 Jun 2014 09:48:55 +0000

No Irreparable Harm Where Plaintiff Delays Seeking Injunction

Real-Time Reporters, P.C. v. Sonntag Reporting Servs., Ltd., No. 13 C 5348, Slip Op. (N.D. Ill. Der-Yeghiayan, J.). Judge Der-Yeghiayan denied plaintiff Real-Time Reporters#8217; (#8220;RTR#8221;) preliminary injunction motion in this Lanham Act matter involving RTR#8217;s REAL-TIME REPORTERS trademark.  Defendant Sontag Reporting Services (#8220;SRS#8221;) use of the name #8220;Chicago-area Realt...
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Published: Wed, 25 Jun 2014 07:58:00 +0000

Forget Jurassic Park -- here comes the Tyranno-Suar

Uruguay soccer star Luis Suárez currently earns £200,000 a week as a Liverpool FC football player (that's US$339,000 or 249,000 uro). In addition, his sponsorship deals (most recently with 888 Poker ) are believed to bring in a not inconsiderable sum. By now, almost everyone on the planet is likely to have heard that this talented man has a great appetite for football but that, alas, his appetite ...
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Published: Wed, 25 Jun 2014 05:28:26 +0000

U.S. District of Arizona: “No automatic injunction upon a finding of copyright infringement”

Originally posted 2008-09-05 17:38:37. Republished by Blog Post PromoterNot that the plaintiffs in the Designer Skin case didn#8217;t get an injunction:  They did (here it is); a narrow one utilizing proposed language by defendants explicitly permitting S#38;L to use its own photographs of Designer Skin merchandise on its website (see the prior post).  But the [...]
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Published: Wed, 25 Jun 2014 05:28:20 +0000

Dead hand of copyright limited in UK

Originally posted 2007-07-25 01:01:52. Republished by Blog Post PromoterBoing Boing reports that the English have done something impossible in our own country: Turned back an effort to extend copyright for, all practical purposes, ever #8212; 95 years: This is the first time that I know of, in the history of the world, that any country [...]
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Published: Wed, 25 Jun 2014 05:28:17 +0000

Everyone has an agenda

Here#8217;s mine #8212; well, not exactly mine; I explained here whose it is #8212; but, today anyway, here#8217;s mine (click for the whole thing): #160; The copyright statutory damages program is as follows: 11:00 – 12:00 Statutory damages George Borkowksi—RIAA Ronald Coleman—Goetz Fitzpatrick Jodie Griffin—Public Knowledge Alan Harrison—IP Attorney David Herlihy#8211; Northeastern University Me...
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Published: 2014-06-24T23:59:00-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cephalon Inc. v. Actavis Laboratories FL Inc. et al. 1:14-cv-00776; filed June 19, 2014 in the District Court of Delaware • Plaintiff: Cephalon Inc. • Defendants: Actavis Laboratories FL Inc.; Actavis Inc.; Actavis Pharma Inc.; Watson Laboratories Inc. Infringement of U.S. Patent No...
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Published: Wed, 25 Jun 2014 00:00:00 GMT

REPORT: Delhi High Court analyses circumstances for grant of interim injunction

The Delhi High Court recently decided a suit for permanent injunction brought by Sandeep Jaidka to prevent infringement of his registered patent, which pertained to a device enabling a four-dimensional cinema experience by producing heating, cooling and aromatic effects corresponding to scenes of the film.
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Published: Wed, 25 Jun 2014 00:00:00 GMT

REPORT: Swimming among counterfeits: anti-counterfeiting solutions in the Greek islands

Summer on the Greek islands increases the problem of counterfeiting – partly in terms of volume and sales points, but primarily in terms of visibility. When they are trying to relax on holiday, brand owners, managers and their staff witness the problem for themselves – shops selling counterfeit goods are in abundance on the islands.
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Published: Tue, 24 Jun 2014 22:20:50 GMT

Nest's new platform means sharing 'limited' data with Google

The smart device maker announced integrations with brands like Whirlpool, Mercedes and Google -- which bought Nest in January. That means the company will now share some user information with its new parent.
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Published: 2014-06-24T18:32:00.002+01:00

Nobody is Friends with their Regulator

There is a disease known as consultation exhaustion. Yes we want to be consulted but no we don't want to spend our lives responding to consultations. Representative bodies like the Law Society and CIPA suffer greatly from it. I don't know the cure, but I can describe the symptoms. Inbred Opposition (light touch?) One particular symptom that worries me is Antagonism. The regulator proposes, and ...
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Published: Tue, 24 Jun 2014 16:53:00 GMT

BLOG: Final day thoughts as the IPBC Global 2014 comes to an end

The IPBC Global 2014 has now come to its end. Itrsquo;s been another great event. IAM reporters Jack Ellis, Richard Lloyd and Joff Wild reflect on some of the issues to have emerged on the final day of discussion and debate.NPEs Heart Germany- AIPLA Director Todd Dickinson led a lively opening plenary session on the new patent regime that Europe will be getting some time in the next few years. D...
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Published: Tue, 24 Jun 2014 15:08:00 +0000

Five stripes and you're out -- The GC on decorative marks

5 Stripes appear to be a big deal in the clothing field. In the landmark Adidas decision [ Case C-102/07 , on which see the IPKat’s note here ] , the Court of Justice of the European Union (CJEU) established that three parallel stripes may play a distinctive role and, under certain conditions, trade marks covering them can prevent the use two stripes even even if used in a merely descriptive way....
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Published: 2014-06-24T15:01:00.004+01:00

More books for review

Here's another list of books for which JIPLP seeks reviewers. If you think that you are the right person to review one of these titles, please email Sarah Harris at sarah.harris@oup.com and tell her, by not later than close of play on Friday 27 June . If you are not yet known to us, please let us have sight of your CV or some other explanation as to why you feel that the book should be reviewed by...
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Published: Tue, 24 Jun 2014 14:00:14 GMT

Apple TV's walled garden gets new channel: AOL

Apple adds video from AOL brands like Huffington Post and partners like ESPN, with longer original series and movies from Miramax in the pipeline -- all free, with ads.
Read more
Published: Tue, 24 Jun 2014 13:00:45 +0000

The Rise of The End User in Patent Litigation (and Attorney Fee Shifting)

Attention has recently turned to patent assertion entities that are suing vast numbers of customers using patented technologies in their everyday businesses. But, end users were also principal players in some of the main recent patent before the Supreme Court. In Bowman v. Monsanto, Monsanto sued farmers for re-using its patented self-replicating seeds. In Association for Molecular Pathology v. My...
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Published: Tue, 24 Jun 2014 05:51:00 +0000

Curiouser and Curiouser? More details on Alice v CLS Bank decision of SCOTUS

This Kat is not a US attorney and nor is he a specialist in computer implemented inventions, and so he hesitated to write a report of the US Supreme Court decision Alice Corp. v CLS Bank International , which has attracted a lot of comment from the brief mention in Friday Fantasies . He is therefore fantastically grateful to his EIP US colleague Nick Transier for providing him with this report. ...
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Published: 2014-06-23T23:59:00-05:00

BIO International Convention 2014 Preview -- Part III

Post-Grant Patent Challenges and Biosimilar Regulatory Pathways By Andrew Williams -- The 2014 BIO International Convention has already begun in San Diego, but most of the sessions and forums get underway beginning on Tuesday, June 24, 2014. Patent Docs has been highlighting a few sessions or other opportunities, in thematic fashion, to help you navigate your way through the convention. For exampl...
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Published: Tue, 24 Jun 2014 00:04:44 GMT

Quirky's smart home has a name

Collaborative invention center Quirky is branching off with a smart home company called Wink, plus a new app and hub to control all of your connected devices.
Read more
Published: Mon, 23 Jun 2014 22:46:00 +0000

Monday miscellany

Going cheap, going soon! The IPKat's friends at Oxford University Press, publishers of his beloved Journal of Intellectual Property Law amp; Practice, are having a summer sale. This includes, but is not limited to, law books -- some of which concern intellectual property, and some of which are written by people of the highest repute. You can check out the law books on offer by clicking here . This...
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Published: Mon, 23 Jun 2014 19:14:03 +0000

Webinar Recap! Trade Secret and Non-Compete Legislative Update

We are pleased to announce the webinar “Trade Secret and Non-Compete Legislative Update” is now available as a podcast and webinar recording . In Seyfarth’s fourth installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys discussed the significant changes to several laws regarding trade secrets,  restrictive covenants, and social media, as well as proposed legislation pending in o...
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Published: Mon, 23 Jun 2014 18:10:23 +0000

USPTO to Host Software Partnership Meeting

The United States Patent and Trademark Office (USPTO) will host its next Software Partnership Meeting on Tuesday, July 22, 2014, at the USPTO headquarters in Alexandria, Virginia, from 1:00 pm – 4:30 pm.
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Published: Mon, 23 Jun 2014 17:52:50 +0000

SpicyIP Weekly Review (16-22 June, 2014)

The SpicyIP Story of the Week is that Roche and Cipla have been ordered by the Delhi High Court to engage in mediation. It was noted by Madhulika in the post that with the ruling, while an opportunity to evolve patent jurisprudence on a vital matter has been lost, this case may also bring with it a high possibility of settlement as the Delhi High court ruling was 50-50- with validity upheld in fav...
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Published: Mon, 23 Jun 2014 17:00:38 +0000

INTA’s 136th Annual Meeting- a Summary

#160; Earlier last month, International Trademark Association (INTA) successfully concluded its 136th Annual Meeting. SpicyIP is glad to bring to our readers some of the highlights of the event, as provided to us by Simran Daryanani, INTA#8217;s India representative:  India makes its presence felt in Hong Kong On May 14th the International Trademark Association (INTA) wrapped up its 136th Annual M...
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Published: Mon, 23 Jun 2014 16:22:25 +0000

In the maw of the beasts – Copyright in Cambridge, this Wednesday

On Wednesday, June 25, 2014, I will be participating in the statutory damages segment of the #8220;Second Green Paper Roundtable#8221; in Cambridge, Massachusetts. What is he talking about?  It#8217;s hard to explain, really.  Give the PTO credit for not being hung up on slick marketing and stuff.  Here#8217;s the thing: Green Paper on Copyright Policy, [...]
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Published: 2014-06-23T06:00:00.000-07:00

Traveling Through Another DImension: Using Twilight Zone Intro

Dear Rich: I want to do a parody of the Twilight Zone, not mentioning Twilight Zone but have a Rod Serling imitator say the text. Can I lift direct script from the show, word for word? If I do, do I have to give credit? When is a script not copyrightable? Also: I love the opening lines of the move Fargo where they display in text: "THIS IS A TRUE STORY. The events depicted in this film took place ...
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Published: Mon, 23 Jun 2014 11:25:00 +0000

SUPER KAT-EXCLUSIVE: here's Commission's draft White Paper on EU copyright

Merpel proudly showing her paws Super-breaking news! Thanks to a great Katfriend, this Kat and Merpel have just placed their feline paws on an internal draft of the White Paper on " A Copyright Policy for Creativity and Innovation in the European Union ". This is the document that Commissioner Michel Barnier announced for release before the summer break, following the conclusion of the Public Co...
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Published: Mon, 23 Jun 2014 09:12:00 +0000

Sexy felon's mugshot provides perfect excuse to compare systems of copyright exceptions and have a readers poll

The other Jeremy ... A couple of days ago this Kat's attention was drawn to the now famous mugshot of California-based " blue-eyed gang member " Jeremy Meeks. Stockton Police Department arrested him last week for felony weapon charges, and subsequently published his photo on Facebook. The guy [more about him here and here ] is not - so to say - unattractive, and indeed his Facebook picture attra...
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Published: Mon, 23 Jun 2014 06:03:00 GMT

BLOG: McCurdy talks exclusively about RPX acquisition of Patent Freedom

As this blog exclusively revealed earlier this month, RPX has acquired rival NPE data provider Patent Freedom, with the deal officially announced today. Both Dan McCurdy, Chairman of Patent Freedom and CEO of AST, and Shashank Tiwari, currently Patent Freedomrsquo;s head of research, are both moving across as part of the deal. McCurdy officially joins as a Senior vice president at the patent aggre...
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Published: 2014-06-22T23:34:36-05:00

BIO International Convention 2014 Preview -- Part II

BIO and Leaders in the IP Community By Andrew Williams -- The 2014 BIO International Convention begins this week in San Diego. If you are planning on attending, you probably already know that the amount of information and opportunities available at BIO can be daunting. Therefore, Patent Docs has been highlighting a few sessions or other opportunities, in thematic fashion, to help you navigate your...
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Published: 2014-06-22T23:25:42-05:00

Meet the Docs at BIO 2014

The Biotechnology Industry Organization (BIO) is holding its annual BIO International Convention this week in San Diego, CA. Founded in 1993, BIO is a nonprofit association seeking supportive biotechnology policies on behalf of more than 1,100 biotechnology companies, academic institutions, state biotechnology centers, and related organizations across the United States and in more than 30 other na...
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Published: 2014-06-22T23:25:35-05:00

Conference & CLE Calendar

June 23-26, 2014 - BIO International Convention (Biotechnology Industry Organization) - San Diego, CA June 25-26, 2014 - International Forum on Pharma Patent Extensions*** (C5) - London, England June 27, 2014 - "Navigating the Patent Trial and Appeal Board Post-Grant Minefield" (American Bar Association Section of Intellectual Property Law) - 1:00 to 2:30 pm (ET). June 30, 2014 - "Drafting Patent ...
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Published: Sun, 22 Jun 2014 18:34:37 +0000

Fumbling Away The Future

Recently I visited a Congressional office with a friend who led technology transfer at a public institution located in a mid-level city not normally associated with innovation. By skillfully using the authorities of Bayh-Dole and the patent system combined with good business judgment the program was very successful in start up formation and licensing, making it a driver of the regional economy. Th...
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Published: Sun, 22 Jun 2014 16:57:10 +0000

Delhi High Court Grants Punitive Damages Ex-Parte in Two Cases

The Delhi High Court through J. Sistani delivered two judgements in trademark passing off and infringement suits that imposed punitive damages upon the defendants for their actions. In both situations the cases were decreed ex parte against the defendants. I shall deal with both of these disputes together in this post. Permanent injunctions were granted against the respective defendants in both ca...
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Published: Sun, 22 Jun 2014 10:48:00 +0000

Why whac-a-mole if you can whac-a-search engine? Interim injunctions and the right to be forgotten

The “right to be forgotten” is in the news again, this time in Canada where the British Columbia Supreme Court has been flexing its jurisdictional muscles. This report is brought to you by Scott MacKendrick (Partner, Bereskin amp; Parr LLP), who reveals that the court has been taking note of recent case law of the Court of Justice of the European Union. Explains Scott: The Long Arm of Canadian La...
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Published: 2014-06-21T19:44:00.001+01:00

Computerising the Lord Chief Justice

Court 4 Royal Courts of Justice published by the Daily Star On Thursday evening (19 June 2014) I attended a lecture in Court 4 of the Royal Courts of Justice - an impressive court that is the home of the lecturer, the Right Honourable the Lord Thomas of Cwmgiedd a modestly sized white haired Welsh man of considerable power and influence in the Judicial world. The lecture was organised by the Soli...
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Published: Sat, 21 Jun 2014 17:57:26 +0000

Moving from Idea to Patent – When Do You Have an Invention?

In order to protect an idea it must mature into an invention first. This means that you need to be able to explain to others how to make and use the invention so that they could replicate the invention after simply reading your description of the invention in a patent application. A patent application does not need to provide blue-print level detail, but rather it must teach those who have skill i...
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Published: Sat, 21 Jun 2014 07:10:09 -0500

When Politics and Copyright Collide

It's getting on toward silly... err, Presidential campaign season, and we'll likely see more silliness. Today's comes from Politico, which reports on a controversy between the Washington Free Beacon and The University of Arkansas . Significantly, the U of Ark here holds the Clinton archives, and the Beacon has been using those archives as source material for a series of stories on Hillary Clinton....
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Published: 2014-06-20T23:35:41-05:00

ABA Webinar on Navigating the Post-Grant Minefield

The American Bar Association (ABA) Section of Intellectual Property Law will be offering a live webinar entitled "Navigating the Patent Trial and Appeal Board Post-Grant Minefield" on June 27, 2014 from 1:00 to 2:30 pm (ET). Cory C. Bell of Finnegan will moderate a panel consisting of Erika H. Arner of Finnegan; Samir N. Pandya, Senior IP Counsel for SAP AG; and Kirupa Pushparaj, IP Counsel for Sq...
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Published: Sat, 21 Jun 2014 01:24:02 GMT

Google's Nest Labs acquires Dropcam for $555M

In deal independent from Google, smart-device maker buys startup to expand its brand into home security and video monitoring.
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Published: Sat, 21 Jun 2014 00:30:07 GMT

Google's Nest Labs acquires Dropcam for $555M

Smart-device maker buys home monitoring security startup in deal independent from Google to expand its brand into home security and video monitoring.
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Published: Fri, 20 Jun 2014 22:50:05 +0000

Trademark Office Tackles Redskins

The 2013 NFL season was not kind to the Washington Redskins, and after winning only 3 games and losing 13, there are many in the Washington Redskins organization who might have wanted to hide behind a new name.  Now they might have to. The USPTO officially cancelled the Washington Redskins trademark registration stating that the... Continue Reading
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Published: Fri, 20 Jun 2014 19:29:22 +0000

Delhi High court orders Roche and Cipla to mediate in Erlotinib (Tarceva) patent case

After fighting a long drawn out patent battle over Erlotinib (Tarceva), in an interesting development the Delhi High court has ordered Roche and Cipla to engage in mediation. The Erlotinib patent case is unique in many ways because it was India’s first post-trial pharma patent ruling in a post TRIPS world and also it was the first of its kind at-risk infringement case. A brief recap of the Erlotin...
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Published: Fri, 20 Jun 2014 13:26:48 -0500

Generic Functions, Patentable Functions

Mike Masnick's piece on Alice v CLS Bank more or less follows the lines I'd expect. However, he points out that Thomas's opinion, rejecting the Alice patents because of generic computer implementations, doesn't give good guidance because the same argument could be made about any computer program. In essence, Masnick argues, SCOTUS is continuing to pretend that some software is patentable and some ...
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Published: Fri, 20 Jun 2014 18:00:38 GMT

10 must-see videos of the week

We go hands-on with Amazon's 3D packed Fire Phone, five ways to watch the World Cup, and it's the premiere of our brand-new show, Tomorrow Daily!
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Published: Fri, 20 Jun 2014 16:51:57 +0000

New job at CC: Director of development

Today, we#8217;re opening up a new job posting, for a director of development. This person will be in charge of raising money to support our work #8211; building and maintaining our relationships with foundations, corporations, and individual donors. From the job description: Creative Commons is seeking a Director of Development to lead development on behalf [#8230;]
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Published: Fri, 20 Jun 2014 15:17:19 +0000

Enercon and Positive Patent Perception

The recent Enercon decision by the Supreme Court will go down as a landmark judgment. For a succinct summary of this decision, see Aparajita#8217;s post here. And for a review of this decision and some of the questions that it raises, see my post here. In today#8217;s Financial Express, I argue that this Supreme court ruling more than amply illustrates that Indian IP law is neither anti IP nor ant...
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Published: Fri, 20 Jun 2014 15:00:35 +0000

(C)Leaning Up India’s IP Dispute Resolution Framework

The recent Supreme Court decision in the controversial Enercon saga (Alloys Wobben vs Yogesh Mehra) is a significant milestone for Indian intellectual property law. For a succinct summary of this case, see Aparajitha#8217;s post here. One hopes that this is the first step towards a leaner IP dispute resolution framework. However, the judgment however leaves open the following issues:  1. What if X...
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Published: Fri, 20 Jun 2014 09:40:46 -0500

Judge Posner Solves a Mystery

In a decision rejecting the Conan Doyle Estate's claim to control the characters Sherlock Holmes and so forth, Posner ruled that the estate sought “near-perpetual copyright” . The estate sought to use a current split in the copyright terms of Doyle's works to argue that because some works describing the character were protected that should extend to blocking any use of the character whose complexi...
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Published: Fri, 20 Jun 2014 13:59:00 +0000

Friday fantasies

Poor Alice thought that patent protection was on the cards ... Hard times for software patents? Yesterday the US Supreme Court handed down its keenly-awaited judgment in Alice Corp. v CLS Bank International (Ruling 13-298). This Kat hasn't yet had time to digest his lunch the reasoning, but he has just received this hot-off-the-press note on the ruling, "Alice v CLS Bank: Are Business Methods Mer...
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Published: Fri, 20 Jun 2014 12:29:00 GMT

BLOG: Why the long wait? The Supreme Court rules on Alice v CLS

As you read the Supreme Courtrsquo;s ruling yesterday in Alice Corp v CLS Bank your first response might be, what took them so long? In finding that the patent claims at issue were ineligible the nine Justices (who issued a unanimous opinion) stuck tightly to their brief, reemphasised the rules they laid down in two previous cases ndash; Bilski and Mayo ndash; and resisted the temptation to rule a...
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Published: Fri, 20 Jun 2014 07:10:09 -0500

GIFs, Authorship, and Copyright

A reader pointed me to a blog entry over at the Library of Congress discussing animated gifs . The posting describes a little of the ubiquity of these Internet-spawned forms of communication and then asks the question: what about copyright? The answer seems to be that copyright claims don't arise because animated gifs rarely attribute authorship to their creator and because they often use tiny fra...
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Published: Fri, 20 Jun 2014 09:49:13 +0000

Similar Claims Do Not Alone Warrant Joinder

Slep-Tone Ent. Corp. v. Roberto, No. 12 C 5750, Slip Op. (N.D. Ill. Oct. 22, 2013) (Darrah, J.). Judge Darrah denied defendants#8217; (collectively #8220;Arrowsound#8221;) Fed. R. Civ. P. 12(b)(6) motion to dismiss, but granted Arrowsound#8217;s motion to sever.  The Court, therefore, dismissed Arrowsound without prejudice for improper joinder in this trademark dispute regarding SOUND CHOICE... Co...
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Published: Fri, 20 Jun 2014 08:47:51 +0000

Guest Post: And we thought Java API’s were open?

Tarun Khurana brings us a guest post looking at the recent Oracle v. Google decision decided by the US Federal Circuit. The ruling, holding that Oracle can claim copyright to Java APIs subject (subject to fair-use defences, etc), sent shockwaves through much of the tech community. In this post, Tarun explores the implications that this may have. Tarun Khurana is a partner at Khurana #38; Khurana, ...
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Published: Fri, 20 Jun 2014 08:25:00 +0000

The changing face of IP bad guys (and gals)

There is nothing more disrupting that having to redefine the bad guys (or gals). Ask the US after the fall of the Soviet Union (although recent events have a “back to the future” look). Something similar can be said about IP. For most of this Kat’s professional life, the good guys have been the rights holders and the bad guys are the infringers. True, one might quibble about whether rightsholders ...
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Published: Fri, 20 Jun 2014 07:57:00 +0000

CJEU rules on unregistered design: overall impression and presumption of validity

For every 150 trade mark rulings, it seems, the Court of Justice of the European Union (CJEU) issues a decision on designs [a topic which is far less investigated than trade marks, and far more ignored by the IP community and Luxembourg Courts] . One of these rare design rulings happened yesterday, with the CJEU issuing its decision in Case C‑345/13 Karen Millen Fashions Ltd v Dunnes Stores (Limer...
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Published: 2014-06-19T23:36:22-05:00

Thoughts on Alice Corp. v. CLS Bank Int'l

By Michael Borella -- There's an old saying that "bad facts make bad law," acknowledging that a court's decision regarding an extreme case can result in law that poorly serves less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101 decisions, Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories, Inc., and today's unanimous Alice Corp. v. CLS Bank Int'l each invol...
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Published: Fri, 20 Jun 2014 04:19:52 +0000

Seyfarth Attorney to Present on Protecting Pharmaceutical Trade Secrets at the Chinese Biopharmaceutical Association’s Annual Meeting

This Saturday, June 21, 2014, Seyfarth attorney, Justin K. Beyer, will present at the 19th Annual Chinese Biopharmaceutical Association Conference on Legal Challenges in Trade Secret Protection, at the University of Maryland’s Shady Grove Conference Center.  Through this panel discussion, Mr. Beyer will offer insights into what constitutes a trade secret, trade secrets unique to the pharmaceutical...
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Published: Thu, 19 Jun 2014 15:45:44 -0500

CAFC Wins, Alice Loses

Since we've been ragging on the CAFC lately for its losses on appeal, it's worth noting that this was a unanimous decision upholding the Federal Circuit . The case, conventionally known as Alice Corp v CLS Bank dealt with challenges to patents held by Alice Corporation. I've read through the decision once and I expect better analyses will enlighten things in days to come, but what I see is that...
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Published: Thu, 19 Jun 2014 20:41:07 GMT

Supreme Court raises bar on software patent claims

New ruling in Alice Corporation v. CLS Bank means firms must do more to advance 'abstract' software claims to receive a patent.
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Published: Thu, 19 Jun 2014 19:51:05 +0000

Supreme Court delivers blow to “abstract” software patents, while stating that software still can be patent-eligible

In an opinion long-awaited by the software community, the U.S. Supreme Court has found a computer-implemented method and system for exchanging financial obligations to ineligible for patenting. In Alice Corporation Pty Ltd. v. CLS Bank Int#8217;l, the Court considered the question of whether #8230; Continue reading #8594;
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Published: Thu, 19 Jun 2014 19:47:37 +0000

Enforcing Non-Compete Agreements in the Pharmaceutical Industry

Employee mobility in the pharmaceutical industry is a significant concern for employers given the industry’s very significant investment in and reliance upon generating and protecting confidential, proprietary and trade secret information that is used to develop products and create and maintain customer relationships. Non-competition and customer non-solicitation agreements are one of the primar...
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Published: 2014-06-19T11:45:13-05:00

Supreme Court Issues Decision in Alice Corp. v. CLS Bank

Alice Corp. v. CLS Bank International (2014) By Kevin E. Noonan -- This morning, in Alice Corp. v. CLS Bank, the Supreme affirmed the Federal Circuit's per curiam opinion in CLS Bank v. Alice Corp. in a unanimous opinion by Justice Thomas with a concurring opinion by Justice Sotomayor joined by Justices Breyer and Ginsberg. The decision appears to be an incremental one, insofar as it does not stri...
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Published: Thu, 19 Jun 2014 15:31:00 +0000

Copyright candies ... from the publishing world

Can you call it a holiday if you don't have at least a White Paper to read while sunbathing? Publishers I Do you remember the Public Consultation on the Review of EU Copyright Rules [ here and here ] , and the tweet by everybody's favourite Commissioner, ie Commissioner for Internal Market and Services Michel Barnier , announcing that the Commission would publish a White Paper before the summer...
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Published: Thu, 19 Jun 2014 15:08:00 GMT

BLOG: Getting to grips with Europe's new unitary patent system - the preliminary injunction regime

It is now a question of when Europersquo;s Unified Patent Court (UPC) comes into being, not if. Of course, this being Europe it is taking a lot longer than originally expected, but the ratification process is now underway and once 13 countries have signed up (including France, Germany and the UK) the start button will be pressed.Once it is up and running, the UPC will adjudicate disputes relatin...
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Published: Thu, 19 Jun 2014 14:54:23 +0000

SCOTUS Rules Alice Software Claims Patent Ineligible

On Thursday, june 19, 2014, the United States Supreme Court issued its much anticipated decision in Alice v. CLS Bank. In a unanimous decision authored by Justice Thomas the Supreme Court Court held that because the claims are drawn to a patent-ineligible abstract idea, they are not eligible for a patent under Section 101. In what can only be described as an intellectually bankrupt opinion, the Su...
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Published: Thu, 19 Jun 2014 11:56:00 +0000

Redskins, rebrands -- and reasons

Like a quiverful of arrows striking their target , emails from almost every corner of the civilized world have been thudding into this Kat's email box to tell him all about the Washington Redskins' REDSKINS trade mark and this ruling by the US Trademark Trial and Appeal Board (TTAB) that the mark was "disparaging". This Kat has already made his feelings known, but will repeat them for what he hope...
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Published: Thu, 19 Jun 2014 11:55:00 +0000

Is it Safe? Judgment from the CJEU in Bayer CropScience SPC

Isoxadifen The CJEU today handed down its decision in Case C‑11/13, Bayer CropScience AG , concerning whether a safener can be the subject of a Supplementary Protection Certificate. This moggy was delighted that, unlike the Advocate General's decision (reported by the IPKat courtesy of Paul England of Taylor Wessing here ), it is available in English, allowing this Kat to digest it at much greate...
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Published: Thu, 19 Jun 2014 10:20:00 GMT

BLOG: Inside the multi-million dollar Chinese patent buying fund with IV connections

Last month, IAM reported on the launch of Beijing-based patent aggregation entity Ruichuan IPR Funds. At the time, facts about its plans and structure were thin on the ground; but, with the help of contacts in the Chinese IP marketplace, I have been able to piece together some additional detail on the entity and its objectives.First of all, letrsquo;s take a look at Ruichuanrsquo;s shareholders ...
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Published: Thu, 19 Jun 2014 10:19:00 +0000

Seeing very red....? CJEU decides in Oberbank colour trade mark dispute

HSK 13 in all its glory (registered as a pure colour mark -- without any word or device elements) The CJEU has today handed down its decision in cases C-217/13 amp; C-218/13 OBERBANK AND OTHERS (trade marks), references by the German Federal Patent Court relating to colour marks (here: red) and the necessary degree of consumer recognition. After staring at the the Cura website for ages yesterday,...
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Published: Thu, 19 Jun 2014 10:00:16 +0000

Legally Suspect TTAB Decision Cancels Redskins Trademark

While this decision will be widely cheered by many who are concerned with political correctness, there is absolutely no doubt in my mind that from a legal standpoint this decision is clearly wrong… This is not to say that the trademarks in question are not hurtful to some, but the law simply requires direct evidence that the relevant audience, in this case Native Americans, found the term disparag...
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Published: Thu, 19 Jun 2014 09:05:00 +0000

Mickey Mouse Trouble: Disney obtains a host of injunctions and damages for trademark and copyright infringement

India’s neighbourhood lanes have ample number of ‘fancy stores’ and stationary shops that are brightly lit and filled with goods catering to the demands of school going children. Since children love cartoons, much of their stock is printed with different cartoon characters including Disney’s characters (the famous Mickey Mouse, Mini Mouse, Goofy etc.). Children are usually easy to please and are h...
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Published: Thu, 19 Jun 2014 08:54:00 +0000

The Cat's Pyjamas: Louis Vuitton claws back much of its 3D lock trade mark

Going through his file of items to blog which have fallen behind in his priority list, this Kat has just rediscovered another decision that troubled him when he first spotted it -- not because it was wrong [for a change, mumbles Merpel] , but rather because the process of reaching the correct outcome was so long and tortuous, spanning over decade, in respect of a trade mark which this Kat doubts ...
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Published: 2014-06-19T07:38:00.000+01:00

Magmatic v PMS: no RCD infringement on appeal

Authors: David Stone and William Corbett (Simmons amp; Simmons LLP) Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181, Court of Appeal, England and Wales, 28 February 2014; Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 408, Court of Appeal, England and Wales, 10 April 2014 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu103, first published online: J...
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Published: 2014-06-18T23:59:00-05:00

New from Abroad: Double Patenting at the EPO -- What Does "Same Subject Matter" Mean?

Although the EPC does not specifically prohibit double patenting, that is the grant of two patents to the same applicant for the same invention, it is generally accepted that two patents cannot be granted to the same applicant for the same subject matter. However, what is meant by "the same subject matter" has in the past caused some confusion as it too is not defined by the EPC. A recent case bef...
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Published: Thu, 19 Jun 2014 01:46:00 +0000

UK's UPC Consultation calls for evidence on draft legislation to avoid a law of "unintended consequences"

It's here. Numbering at almost 100 pages , the UK Intellectual Property Office's consultation published last week on the draft UK legislation that will implement the Unified Patent Court Agreement and the Unitary Patent Regulations is a feast of information for UPC fanatics, like the AmeriKat. The IPO is, in their words: "seeking views on the drafting, structure and effect of the draft legislation...
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Published: Wed, 18 Jun 2014 21:04:53 +0000

Redskins decision: The present judges the past

I#8217;ve been writing about the dispute over the REDSKINS trademark on this blog more or less since the beginning of the blog itself. Today a new chapter has been written #8212; or rewritten.  The TTAB has ruled and, not particularly surprisingly, the NFL team called the REDSKINS has been deemed, nunc pro tunc, to have [...]
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Published: Wed, 18 Jun 2014 18:29:00 +0000

Wednesday whimsies

There's a storm brewing in the United Kingdom over who will have rights of audience before the Unified Patent Court (UPC) and what sort of training they will have to be put through if, despite their professional training and expertise, they are not technically "lawyers". Following Darren Smyth's post yesterday on this subject, IPKat is delighted to hear this news from Vicki Salmon: 'Audience' m...
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Published: Wed, 18 Jun 2014 11:31:27 -0500

USPTO Cancels "Redskins" Trademarks

I don't talk a lot about trademarks, in part because I don't know much about their legal foundations and caselaw. I do know that the use of the often-derogatory term "redskin" has caused tremendous controversy, to the point where it has its own Wikipedia page now . Senator Harry Reid also garnered some publicity by turning down a game invite until the team changed its name ; Reid is Majority Leade...
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Published: Wed, 18 Jun 2014 15:49:21 +0000

The Path to Innovation is Open Models and not IP: India at WTO Trips Council

On 11th June, 2014, at the WTO TRIPs Council, India made a strongly worded intervention when the agenda of ‘Intellectual Property and Innovation: Innovation Incubators” was tabled by the United States and Taiwan. According to the Taiwan official, incubation centres provide a set of integrated resources including research, access to equipment, office space, etc to help small and medium enterprises ...
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Published: Wed, 18 Jun 2014 14:34:00 +0000

BREAKING NEWS: AG Cruz Villalón says that private copying levies may be imposed on memory cards for mobile phones

Here's another day in the exciting world of the private copying exception within Article 5(2)(b) of the InfoSoc Directive . Following the judgment of the Court of Justice of the European Union (CJEU) in Case C-435/12 ACI Adam [ here and here ] earlier this year, and pending adoption in the UK of the private copying exception [ here ] , this morning Advocate General (AG) Cruz Villalón issued his ...
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Published: Wed, 18 Jun 2014 13:00:06 +0000

Samsung Invents: Robots, Computers & Kitchen Appliances Too

The Samsung Group is one of the most active patent-seeking organizations in the world, and it has added hundreds of patents to its intellectual property portfolio in the past few weeks alone. A couple of patents we discuss today focus on the corporation’s home appliance offerings, including one for a removable cutlery basket within a dishwasher which allows for easier removal of knives, forks and ...
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Published: 2014-06-18T06:00:00.000-07:00

Posting Cover Songs on Facebook

Dear Rich: I am posting videos of my band on FaceBook using songs that have been written and recorded by others. We are a small-time local band that is inconsequential in the larger scheme of things. I have posted a disclaimer that our band "claims no rights in any copyrighted work represented on this page. For informational purposes only." I saw something you said about YouTube, maybe the same wo...
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Published: Wed, 18 Jun 2014 11:40:00 +0000

Further rumblings from EPO - strikes and demonstrations prohibited

Cat passport in paw, Merpel heads out Merpel has been rather overdue another visit to the august corridors of the European Patent Office, since she has been detained in Paris and was denied an exit visa due to irregularities with her pet passport . In the meantime, her email inbox has been far from empty, and there has been a steady flow of news from one or other of the EPO sites, since her last p...
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Published: Wed, 18 Jun 2014 11:34:41 +0000

Rights of Tattoo Artists

The Wall Street Journal recently carried a thought-provoking article on copyrightability of tattoos by tattoo artists; the article examined the issue in the context of incorporation of tattoo designs on 3-D images of sports athletes by video developers; the question was simple: when incorporating tattooed images of sports athletes in video games, should the tattoo artist who inked the athlete be g...
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Published: Wed, 18 Jun 2014 09:13:09 +0000

Why Has Canada Still Not Signed the WIPO Copyright to Support the Blind?

Countries from around the world last year reached agreement on a landmark copyright treaty designed to improve access to works for the blind and visually impaired. As the first copyright treaty focused on the needs of users, the success was quickly billed the "Miracle in Marrakesh" (the location for the final round of negotiations) with more than 50 countries immediately signing the treaty. The ...
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Published: 2014-06-18T09:49:00.000+01:00

Scottish Court of Session considers whether patent can be interpreted without expert evidence

Author: Susan Snedden (IP amp; Technology Department, Maclay Murray amp; Spens LLP); Susan Snedden acted for the defender in this case. Total Containment Engineering Limited v Total Waste Management Alliance Limited [2013] CSOH 135, Court of Session, Scotland, 13 August 2013 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu104, first published online: June 17, 2014 ...
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Published: Wed, 18 Jun 2014 08:35:53 +0000

Why Has Canada Still Not Signed the Copyright Treaty to Support the Blind?

Appeared in the Toronto Star on June 14, 2014 as Canada Still Hasn#8217;t Signed Copyright Treaty to Help the Blind Countries from around the world last year reached agreement on a landmark copyright treaty designed to improve access to works for the blind and visually impaired. As the first copyright [#8230;] The post Why Has Canada Still Not Signed the Copyright Treaty to Support the Blind? ap...
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Published: Wed, 18 Jun 2014 09:13:09 +0100

Why Has Canada Still Not Signed the WIPO Copyright to Support the Blind?

Countries from around the world last year reached agreement on alandmark copyright treaty designed to improve access to works for theblind and visually impaired. As the first copyright treaty focused onthe needs of users, the success was quickly billed the "Miracle inMarrakesh" (the location for the final round of negotiations) with morethan 50 countries immediately signing the treaty....
Read more
Published: 2014-06-17T23:59:00-05:00

Good News, Bad News and More Inflammatory Rhetoric in Myriad Genetics Case

By Kevin E. Noonan -- While the rest of the patent world was focused on Supreme Court opinions (issued and pending) and Congressional action vel non on threats like patent trolls, the consolidated Multi District Litigation between Myriad Genetics and several defendants over BCRA 1 and 2 genetic testing has been proceeding apace in the U.S. District Court for the District of Utah. There have been d...
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Published: 2014-06-17T23:55:00-05:00

BIO International Convention 2014 Preview

BIO and World-Wide Intellectual Property Protection By Andrew Williams -- The 2014 BIO International Convention begins next week in San Diego. If you are planning on attending, you probably already know that the amount of information and opportunities available at BIO can be daunting. Therefore, over the next week, Patent Docs will be highlighting a few sessions or other opportunities, in thematic...
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Published: Wed, 18 Jun 2014 00:00:00 GMT

REPORT: A measure of outstanding: employee inventor compensation in Shanks v Unilever

The High Court recently upheld a UK IP Office decision not to award Professor Shanks employee inventor compensation. In reaching this decision, the judge had to consider whether the patent was of “outstanding benefit” to the employer. This case illustrates that for an employee to succeed in any such claim, the patented invention must be transformative.
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Published: Tue, 17 Jun 2014 20:41:07 +0000

What’s new up North

Originally posted 2007-05-25 13:26:36. Republished by Blog Post PromoterThe Canadian Trademark Blog writes about three recent trademark decisions from the Canadian courts that readers may find of interest.
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Published: Tue, 17 Jun 2014 20:41:06 +0000

Oral argument tomorrow at the Second Circuit – Guggenheim Capital v. Birnbaum

Originally posted 2013-04-11 17:39:14. Republished by Blog Post PromoterTomorrow morning I will appear before the United States Court of Appeals for the Second Circuit, which will hear argument on a case in which I got involved after a final judgment for trademark counterfeiting was entered.  I participated in certain post-trial proceedings and later submitted the [...]
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Published: Tue, 17 Jun 2014 20:41:06 +0000

But it is the Dark Side? Or just plain old The Force?

Originally posted 2010-09-22 15:59:36. Republished by Blog Post PromoterEvan Brown:  #8220;Behold the power of in rem actions#8220;: In rem actions over domain names are powerful tools. A trademark owner can undertake these actions when it identifies an infringing domain name but cannot locate the owner of that domain name.  In a sense, the domain name itself [...]
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Published: Tue, 17 Jun 2014 16:48:48 +0000

School of Open gets a facelift, plus other news

Since our last comprehensive update, the School of Open has been creating new courses, planning continent-wide launches, conducting research, and making itself over. New Web Space We have a new web space! Previously, communications about our major projects have been scattered throughout the blogosphere and various wiki, Lernanta, and WordPress pages. But today we are [#8230;]
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Published: Tue, 17 Jun 2014 16:36:13 GMT

Formula Ford: Racing in the footsteps of Senna, Webber and more

XCAR throws its hat into the ring and competes in the single-seater racing series that saw Ayrton Senna take his first steps in professional motorsports at Brand's Hatch.
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Published: Tue, 17 Jun 2014 14:00:16 +0000

Samsung Invents Bio-tech Chips for Pharma

When we  look at Samsung as a part of the #8220;Companies We Follow#8221; series on IPWatchdog.com, we normally see electronics, mobile devices, wireless technologies and a variety of processes and methods that relate to computers and the Internet. An interesting patent application of a different sort recently published to Samsung caught my attention. The patent application is [#8230;]
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Published: 2014-06-17T06:00:00.000-07:00

Can Government Official Put Copyrighted Work "On the Record"?

Dear Rich: I am a librarian and I was recently handed this question. A government official read a journal article and wants to know if he can “introduce it to the public record if it provides relevant information the government needs to make a decision.” I am trying to clarify what he means, but let’s take two possibilities: Hand out copies to his fellow councilors and their staff. Or: scan it int...
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Published: Tue, 17 Jun 2014 12:39:00 GMT

BLOG: Judge Tesla CEO Elon Musk on his actions, not his words

In the last week two prominent people in the business and IP communities have voiced their opinions on the state of the patent system. Elon Musk the head of electric car pioneer Tesla Motors has grabbed headlines and stimulated plenty of debate around the companyrsquo;s decision not to initiate patent litigation against anyone who, in ldquo;good faithrdquo;, wants to use the companyrsquo;s technol...
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Published: Tue, 17 Jun 2014 12:11:18 +0000

SpicyIP Weekly Review (9th June to 15th June)

#160; The week was a relatively slow one at SpicyIP. The first story to be reported this week was Spadika’s post on Atlantic Industries v. Simon Food Processors, a May 2014 judgment where the Delhi High Court awarded punitive damages in an ex parte order against the defendants for infringement of copyright and trademark; Spadika observed that the basis (‘attempted piracy’) on which the punitive da...
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Published: Tue, 17 Jun 2014 08:44:36 +0100

Canadian Copyright Notice-and-Notice System to Take Effect in 2015

The government today announced that there will be no additional regulations associated with thenotice-and-notice rules that provide rights holders with the ability tohave Internet providers forward notifications to subscribers alleginginfringement. The government had delayed implementation of the rules amid a consultation on the issue. The notice-and-notice system does not require the IS...
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Published: Tue, 17 Jun 2014 06:50:00 +0000

Rights of representation before the Unified Patent Court - Get your response in!

This Kat has been following with great interest (and indeed some personal stake) the question of who will be entitled to represent before the Unified Patent Court (see for example previous post here ). Well, he has just noticed that there has been posted for consultation a draft proposal, complete with explanatory memorandum in relation to the "European Patent Litigation Certificate", which is wha...
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Published: Tue, 17 Jun 2014 07:11:40 +0100

Global Deletion Orders? B.C. Court Orders Google To Remove Websites From its Worldwide Index

In the aftermath of the European Court of Justice "right to be forgotten" decision, many asked whether a similar ruling could arise in Canada. While aprivacy-related ruling has yet to hit Canada, last week the SupremeCourt of British Columbia relied in part on the decision in issuing an unprecedented order requiring Google to remove websites from its global index. The ruling in Equustek Solu...
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Published: 2014-06-16T23:33:48-05:00

Triton Tech of Texas, LLC v. Nintendo of America, Inc. (Fed. Cir. 2014)

By Michael Borella -- A very experienced patent attorney once told me that you should never write means-plus-function claims unless there is a Luger at your temple. This, the first opinion addressing indefiniteness to come from the Federal Circuit since the Supreme Court weighed in on the subject in Nautilis v. Biosig Instruments, does nothing to make one question the wisdom of that advice. Triton...
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Published: Tue, 17 Jun 2014 03:01:00 +0000

Do US patent examiners consider applicant-submitted prior art?

What do US patent examiners do with the prior art that is submitted by the applicant? Under U.S. law, as part of their duty of candour, applicants are obliged to submit any prior art of which at they are aware (although applicants are not under any obligation to carry out a search out for prior art). After all, a US patent examiner seems to have only a limited amount of time to search for, evaluat...
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Published: Mon, 16 Jun 2014 23:39:19 +0000

Show me the money

Originally posted 2007-12-27 16:33:41. Republished by Blog Post PromoterJust registering or making minimal use of a domain name, much less #8220;parking#8221; it, is not #8220;use in commerce.#8221; There#8217;s got to be some#8230; commerce! Most lawyers practicing in the area of trademark law know this, but LIKELIHOOD OF CONFUSION® exceeds ordinary aspirations and speaks directly to [...]
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Published: Mon, 16 Jun 2014 23:39:18 +0000

The Seventh Circuit solution

Matthew David Brozik wrote here about the December 2013 Holmes copyright expiration decision out of the U.S. District of Illinois shortly after it came out.  Go there to understand what the case is about, as I did. Today that District Court opinion was affirmed by the Seventh Circuit.  Here#8217;s a link to the Seventh Circuit [...]
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Published: 2014-06-16T16:33:38-04:00

Update on Our Satellite Offices

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee Welcome to the latest in a regular series of updates on the status of our satellite offices in Dallas, Denver, Detroit, and Silicon Valley. As you know, the Leahy-Smith America Invents Act of 2011 (AIA), signed into law by President Obama, requires the USPTO to establish regional...
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Published: Mon, 16 Jun 2014 19:49:28 +0000

Bringing Manufacturing Jobs Back: A Policy for America’s Future

Short-sighted decisions by CEOs and the lack of any leadership, let alone meaningful leadership, in Washington, DC, has placed America on the path of economic ruin. The lack of manufacturing in America coupled with the increasing loss of associated intellectual property and innovation explains the "new normal," which is represented by stagnant growth, high unemployment and substantial under employ...
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Published: Mon, 16 Jun 2014 18:54:00 +0000

Making the Abstract concrete: some readers' responses -- and a lovely surprise!

An academic Kat* In "Not just an academic question -- but an Abstract one", this Kat kick-started what has turned out to be quite a lively discussion about the function of abstracts for journal articles -- particularly within the context of intellectual property. This discussion has spilled over into the jiplp weblog and its associated LinkedIn Group , where many of the readers and members respec...
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Published: Mon, 16 Jun 2014 18:37:55 GMT

China lets slip Microsoft's Android patent licensing details

Hundreds of patents which secure Microsoft lucrative Android licensing deals have been published by the Chinese government.
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Published: Mon, 16 Jun 2014 18:36:00 +0000

BREAKING NEWS: 7th Circuit confirms that Sherlock Holmes is in the public domain

Poppy's fashionable twist to the traditional Sherlock Holmes ensemble: but will it be sufficiently original? Today the US Court of Appeals for the 7th Circuit issued its decision in Leslie Klinger v Conan Doyle Estate , in which it held that #freesherlock is the answer to the fascinating copyright saga that has kept Sherlock Holmes and Dr Watson's fans in an almost unbearable state of suspense fo...
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Published: Mon, 16 Jun 2014 13:40:00 +0000

Now you view it, now you don't: no YouView questions for Court of Justice

How we used to turn on TVs before they had remotes Here's a bit of breaking news: today Mr Justice Sales, sitting in the Intellectual Property Enterprise Court, England and Wales, became the third person to break a bit of bad news to YouView TV concerning its catchy name when he gave judgment today in Total Limited v YouView TV Limited [2014] EWHC 1963 ( Ch ) . There was always likely to be troub...
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Published: 2014-06-16T06:00:00.000-07:00

Can We Use YouTube Clips for EAP Nonprofit?

Dear Rich: I work for a non-profit Employee Assistance Program and we provide short-term therapeutic counseling for workplaces. As part of our services, we have a small training department consisting of two trainers and a catalog of approximately sixty trainings we developed on a variety of topics. Some of these have small clips, two-to-five minutes, of TV shows, movies or maybe a YouTube clip. Wi...
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Published: Mon, 16 Jun 2014 05:49:02 -0500

You Keep Using That Phrase

While I'm on the topic of linguistics I thought I'd note that Tesla Motors' announcement of some form of openness of its patent portfolio is raising some eyebrows. Specifically, it's the part where Elon Musk says: Tesla will not initiate patent lawsuits against anyone who,in good faith, wants to use our technology.If Tesla was really "giving away" its patents, why the "in good faith" qualifier...
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Published: Mon, 16 Jun 2014 10:16:00 +0000

Monday miscellany

Beyond the Commission's powers: cats in Europe will not be standardised New policy brief on standard essential patents (SEPs) . To this Kat the words "Competition Policy Brief" seem vaguely oxymoronic, since "competition policy" within the European Union is anything but brief. However, the June 2014 issue of the EU Commission's Competition Policy Brief relates the exciting news that the Commissio...
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Published: Mon, 16 Jun 2014 10:01:00 +0000

Betty Boop: a belated sequel

It's a little while since the sequel to the first ruling in the recent British Betty Boop litigation [noted here by the IPKat] came to light, but the Kats have had a very busy month, so we apologise to anyone who has been waiting to discover what happened next in this curious dispute. Anyway, now we can put you out of your misery: the sequel is Hearst Holdings Inc amp; Another v A.V.E.L.A. Inc amp...
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Published: Mon, 16 Jun 2014 04:42:00 +0000

The Whirlpool-Videocon Designs Saga- Part I

At the end of May, the Delhi High Court pronounced judgment on a Notice of Motion in the matter of Whirlpool of India Ltd. v. Videocon Industries Ltd. The main issues in this case were twofold, first, whether a suit for infringement of design is maintainable against a registered proprietor of a design and secondly, in the event that such a suit is maintainable, whether there was infringement of de...
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Published: 2014-06-15T23:01:34-05:00

All Our Patents Still Belong to Us

By Michael Borella -- On June 12, Tesla CEO Elon Musk announced that the company "will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology." This move was hailed by some as a win for those who support reform of an allegedly broken patent system. But the truth is more complicated. Tesla is not dedicating its patents to the public. Instead, Tesla appears to be...
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Published: 2014-06-15T22:46:03-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Glenmark Generics Ltd. et al. v. Ferring, B.V. 3:14-cv-00422; filed June 9, 2014 in the Eastern District of Virginia • Plaintiffs: Glenmark Generics Ltd.; Glenmark Generics Inc., USA • Defendant: Ferring, B.V. Declaratory judgment of unenforceability of U.S. Patent No. 7,022,340 ("P...
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Published: 2014-06-15T22:28:26-05:00

Conference & CLE Calendar

June 16, 2014 - "Limelight Networks, Inc. v. Akamai Technologies, Inc. -- Implications of the Landmark Patent Decision" (Law Seminars International) - 2:00 to 3:00 pm (Eastern). June 17, 2014 - "Indefiniteness after In re Packard and Nautilus" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET) June 18, 2014 - "Reviewing Fact Issues of Claim Construction -- Will the Supreme Court Def...
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Published: Mon, 16 Jun 2014 01:18:20 GMT

New drug called Snapchat hospitalising users

Australian police have issued a warning about a new drug called Snapchat, branded with the Snapchat logo and based on bath salts.
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Published: 2014-06-15T17:41:00.000+01:00

Proof of Trademark Use or was the Community Trademark Mis-sold

Proof this Brand is in Use ? One of the significant selling points when the Community Trademark was introduced was that use in one country was enough to sustain the registration and therefore it was a great investment for those businesses who might want to exploit the common market in future. Now that the CTM system is mature and has more business than it can cope with, there is a different attitu...
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Published: Sun, 15 Jun 2014 16:29:00 +0000

When it comes to pomegranates, it's not enough to be legal

"Pom" is an evocative word. For many Australians, it is the denigratory epithet of choice when referring to the British. For others, it's half of the expression "pom-pom", so eloquently described in its Wikipedia entry [why would anyone bother to create a Wikipedia entry for "pom-pom"? Merpel would love to know] as "a loose, fluffy, decorative ball or tuft of fibrous material". Some folk think of ...
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Published: Sun, 15 Jun 2014 14:00:42 +0000

Obvious Inventions Patentable: The Australian Innovation Patent

Essentially, innovation patents are 8 year short form patents available in Australia as an alternative, or in parallel with standard, or utility, patents. An innovation patent can be filed on an obvious invention, is hard to invalidate and, when filed as a divisional from a standard patent application, can be infringed from a date before the standard patent application was published.
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Published: 2014-06-15T14:59:00.001+01:00

Abstracts for IP articles: a discussion is underway

As with art, so too with legal writing: not all abstracts are easy to understand A recent blogpost on the IPKat has raised an interesting and important series of questions concerning abstracts that accompany articles that are published in specialist journals. What is their function? Is it to lay the subject matter of the article open to the point that anyone with a general interest in the subject...
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Published: Sun, 15 Jun 2014 06:48:58 -0500

You Keep Using That Word

I do not think it means what you think it means . Nice post this week from Gabriel J. Michael this week at the To Promote The Progress? blog . In it, Michael demonstrates that he knows more about US Copyright law than the US Chamber of Commerce. This is not surprising, but kind of disappointing. The CoC posted that "A fair use of a work is an infringement" which is directly contradicted at 17 U....
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Published: Sun, 15 Jun 2014 02:19:43 +0000

Is PRIDE property?

Group claims trademark rights in NYC PRIDE, sues competing promoters for using the phrase during NYC#8217;s #8220;Pride Month.#8221; Plaintiff#8217;s complaint and moving papers at this link. Defendants#8217; response here: UPDATE: Defendants#8217; reply submission of June 16th at this link.  Hearing is Wednesday, June 18th at 10:30 at the SDNY.
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Published: Sun, 15 Jun 2014 02:19:43 +0000

Is PRIDE property? (UPDATED)

Group claims trademark rights in NYC PRIDE, sues competing promoters for using the phrase during NYC#8217;s #8220;Pride Month.#8221; Plaintiff#8217;s complaint and moving papers at this link. Defendants#8217; response here:  UPDATE: Plaintiff#8217;s reply submission of June 16th at this link.  Hearing is Wednesday, June 18th at 10:30 at the SDNY. UPDATE:  This injunction issued on June 19th. [...]
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Published: Sat, 14 Jun 2014 18:51:00 +0000

Not just an academic question -- but an Abstract one

Here's a little challenge for readers . The Oxford University Press International Journal of Law and Information Technology ( IJLIT ) has just published an article, "Regulatory failure of copyright law through the lenses of autopoietic systems theory", by scholars Katarzyna Gracz and Primavera De Filippi. This Kat hasn't yet had a chance to read the article which, he expects, will be excellent sin...
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Published: Sat, 14 Jun 2014 16:37:20 +0000

Elon Musk Launches the Tesla-Patent Commons

About six years ago, a handful of tech companies launched the Eco-Patent Commons.  This initiative to share environmentally friendly patented technologies is administered by the World Business Council for Sustainable Development (WBCSD), a Geneva-based organization that promotes sustainability in business. Last week, of course, Elon Musk, CEO of Tesla Motors, made quite a splash by announcing on t...
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Published: Sat, 14 Jun 2014 14:00:28 +0000

The Patent Process on a Tight But Realistic Budget

There are ways that inventors can file for patent protection on their inventions with a limited budget, but even then you have to be realistic in the costs of this undertaking. It is critical to remember though that this is a process, and in order to do it right there are several steps that need to take place and each of these steps will take time and money. You cannot simply write down on a piece...
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Published: 2014-06-13T23:55:35-05:00

IPO Webinar on Indefiniteness after In re Packard and Nautilus

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar on "Indefiniteness after In re Packard and Nautilus" on June 17, 2014 beginning at 2:00 pm (ET). A panel consisting of Prof. Dennis Crouch of the University of Missouri School of Law; Stephen Maebius of Foley amp; Lardner LLP, and Micky Minhas of Microsoft Corp. will help practitioners understand the bottom line for p...
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Published: 2014-06-13T23:54:30-05:00

CLE on Limelight Networks, Inc. v. Akamai Technologies, Inc.

Law Seminars International (LSI) will be offering a one-hour telebriefing on "Limelight Networks, Inc. v. Akamai Technologies, Inc. -- Implications of the Landmark Patent Decision" on June 16, 2014 from 2:00 to 3:00 pm (Eastern). Scott M. Alter of Faegre Baker Daniels LLP will moderate a panel that includes David M. Rosenblatt, Assistant General Counsel/Intellectual Property, Thomson Reuters Corpo...
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Published: Fri, 13 Jun 2014 16:54:59 +0000

Weekly Review (2nd June to 8th June, 2014)

We started this week with Gopika’s post on the dispute between Anchor Health and Proctor and Gamble over the mark ‘ALL ROUND’ that was applied to their respective toothpaste products. She notes that the Single Judge’s decision was based on three primary issues – whether the mark was descriptive, whether it had fallen into disuse and lastly as to whether there was any infringement at all. The court...
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Published: Fri, 13 Jun 2014 16:05:00 +0000

BREAKING - Copyright exhaustion does not apply to digital goods other than software, Hamm Court of Appeal says

A peculiar building in Hamm Good news for digital content providers come from a German Court of Appeal ruling that excluded exhaustion of the distribution right for digital subject-matter other than software. As readers will remember, the Court of Justice of the European Union (CJEU)’s ruling in Case C-128/11 Oracle v UsedSoft [on which see Eleonora’s first historical post as a guest Kat here...
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Published: Fri, 13 Jun 2014 15:34:00 GMT

BLOG: New study of PAE litigation and VC investment omits too much to be taken seriously

A recently published paper - The Effect of Patent Litigation and Patent Assertion Entities on Entrepreneurial Activity - funded by the Computers and Communication Industry Association, a prominent supporter of patent litigation reform legislation, has garnered wide publicity with a claim that ldquo;VC investment would have been at least $8.1 billion higher over the course of five years but for lit...
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Published: Fri, 13 Jun 2014 14:49:25 +0000

Federal Circuit Reverses Summary Judgment in Golf Club Infringement Case

On September 16, 2010, Nassau Precision Casting Co., Inc., owner of U.S. Patent No. 5,486,000, entitled “Weighted Golf Iron Club Head,” brought a patent infringement lawsuit accusing Acushnet of infringing claims 1 and 2 of the ’000 patent by making, offering to sell, and selling its Cobra S9, Cobra S9 Second Generation, King Cobra UFi, and [#8230;]
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Published: Fri, 13 Jun 2014 13:00:15 +0000

Apple Seeks Patent on Lifestyle Companion Fitness System

As always, we start with a close look at one featured patent application, and we were intrigued by one technology designed to encourage group completion of fitness activities. This lifestyle companion system can also suggest fitness activities to users based on personal interviews conducted by the system. Other inventions directed at personalized services, including a method of creating avatars re...
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Published: Fri, 13 Jun 2014 11:05:00 GMT

BLOG: The problems posed by bad patent actors are best dealt with by the market

In the debate around US patent reform ndash; both while it was being considered in Congress and after it was taken off the agenda by Senator Leahy ndash; several members of the patent community have voiced the opinion that the market is best placed to handle the issues that legislators tried to address. Through a mixture of self regulation and new business models, the argument goes, the patent com...
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Published: Fri, 13 Jun 2014 08:52:00 +0000

Friday fantasies

Readers of this weblog will instantly recall this Kat's blogpost of 21 January on Société Des Produits Nestlé SA v Cadbury UK Ltd [2014] EWHC 16 (Ch) , in which Mr Justice Arnold referred the following questions to the Court of Justice of the European Union for a preliminary ruling before deciding on the registrability of the image (right) of the Kit Kat chocolate fingers as a three-dimensional tr...
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Published: Fri, 13 Jun 2014 07:35:00 +0000

Name your non-registered trade mark -- The GC on Ronaldinho's 'R10' CTM

A few hours before the World Cup’s kick-off match, the General Court wrote another Chapter of the “R10” saga, concerning a trade mark related to one of the funniest Brazilian football players ever [ Case T‑137/09 RENV , Nike International Ltd v OHIM , available in French and Spanish ] . For those who are not familiar with the game, “R10” is the distinctive sign that is almost universally evocati...
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Published: 2014-06-12T23:59:00-05:00

Braintree Laboratories, Inc. v. Novel Laboratories, Inc. (Fed. Cir. 2014)

Whither the Meaning of "a" as a Claim Term By Kevin E. Noonan -- Every once in a while a Federal Circuit panel construes a common claim term contrary to how it has been construed in prior precedent, usually based on the particular situation or circumstance the Court is addressing and consistent with the scope and meaning of the claim as supported by the claim term's plain meaning, use in the speci...
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Published: Fri, 13 Jun 2014 01:32:47 GMT

Samsung Galaxy Tab S' phone-syncing feature SideSync isn't new, but it is improved

Samsung made such a big deal out of the SideSync feature on its Galaxy Tab S tablet, you'd think it was a brand-new Samsung feature. This may not be its first time around the block, but the feature is expanded and potentially quite useful.
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Published: Thu, 12 Jun 2014 20:45:00 +0000

Save Les Misérables!

The Association Littéraire et Artistique Internationale (that's the International Literary and Artistic Association for those of you who, like my friend the IPKat, can't speak a word of French), is an international organization devoted to the promotion of authors’ rights. According to its website: Not much fun if there's no fund ... Founded in 1878 [that's 19 years before the AIPPI and the sa...
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Published: Thu, 12 Jun 2014 18:33:00 GMT

BLOG: Dividend-doubling announcement confirms InterDigital’s remarkable turnaround

At times, running a PIPCO in a market that doesnrsquo;t always appear to understand the patent business can be an arduous task. Stock performance often seems to be governed more by perception and sentiment than hard facts about business performance.It is in that context that InterDigitalrsquo;s impressive recent run should be viewed. Today the company announced that it is doubling its quarterly ...
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Published: 2014-06-12T19:33:00.002+01:00

The published patent application – a basis for injunctive relief?

The guest Editorial for the July 2014 issue of JIPLP is by editorial board member Karsten Königer (Harmsen Utescher). This is what he has to say: The published patent application – a basis for injunctive relief? The reader of the European Agreement on a Unified Patent Court (UPCA), which might enter into force some day, learns in Article 32(1)(f) that the Unified Patent Court shall have exclusive ...
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Published: 2014-06-12T19:12:00.000+01:00

July JIPLP now online: check it out!

The July 2014 issue of the Journal of Intellectual Property Law amp; Practice (JIPLP) is now available online to those folk who have subscribed to the electronic edition. The printed version will be out in a couple of weeks. As usual, non-subscribers can purchase temporary access to articles and Current Intelligence notes via the JIPLP website, here . This month's Editorial will be posted on this ...
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Published: Thu, 12 Jun 2014 18:00:32 GMT

Tesla Motors offers all its patents for good faith use

In order to boost the electric car industry, Tesla CEO Elon Musk vowed that the company would not sue when other companies use its patents.
Read more
Published: Thu, 12 Jun 2014 15:56:14 GMT

Apple envisions smarter iPad cover to display alerts

A newly-published Apple patent filing describes a tablet cover or screen protector that would alert you to new information without having to open it up.
Read more
Published: Thu, 12 Jun 2014 13:43:24 +0000

Hon Hai / Foxconn Seeks Patent on Method of Simulating Boomerang Flight on Mobile Device

Other patent applications describe some fairly unique innovations which stirred our imaginations, including an electronic blackboard as well as a method of simulating boomerang flight paths through a mobile device. Hon Hai Precision is constantly patenting new technologies and our search of patents recently issued to this corporation from the USPTO rendered up a number of patents protecting some u...
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Published: Thu, 12 Jun 2014 13:33:39 +0000

IAM Patent 1000 Released – 2014 Edition

Intellectual Asset Management (IAM) magazine has released the IAM Patent 1000:  The World’s Leading Patent  Practitioners 2014.  Each year, IAM surveys its readers and asks them to recommend patent licensing and prosecution attorneys for inclusion in the guide.  According to IAM: [The IAM Patent 1000 is] a #8230; Continue reading #8594;
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Published: Thu, 12 Jun 2014 11:12:10 +0000

Webinar on ‘How to Avoid Worthless Patents and Develop a Strong Patent Portfolio?’

We’re happy to bring our readers news of a free webinar on #8216;How to Avoid Worthless Patents and Develop a Strong Patent Portfolio?#8217; hosted by ipMetrix Consulting Group. Please see their invite below: LIVE WEBINAR Date/Time: Tuesday, Jun 24, 2014; 11.30 AM to 12.30 PM IST (Approx. 1 hr) Event Details: Have you ever tried googling “most patents are worthless”? You will find a lot of good in...
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Published: Thu, 12 Jun 2014 10:27:00 GMT

BLOG: IAM names the world's leading IP strategists

The IAM Strategy 300: The Worldrsquo;s Leading IP Strategists, which identifies the worldrsquo;s leading IP strategists, is now available online. The guide lists individuals that in-depth research has shown to possess the skill-sets necessary to work with IP owners to maximise the value of their patents, copyrights, trademarks and other rights.IAM researchers in the United States, Europe and Asi...
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Published: 2014-06-11T23:59:00-05:00

Guest Post: USPTO Public Forum on Patent Guidance: My Thoughts as a Speaker and Attendee

[Ed. On May 9, the U.S. Patent and Trademark Office held a four-hour long forum to receive public feedback on the Myriad-Mayo Guidance, which was issued by the Office on March 4. According to the Office's Guidance webpage, the forum was intended to provide an opportunity for stakeholders to present their interpretation of the impact of Supreme Court precedent on the complex legal and technical iss...
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Published: Thu, 12 Jun 2014 03:13:00 +0000

A test-drive for the Unified Patent Court

This Kat has had his share of reservations about the Unified Patent Court system which has been foist on the European Union's patent fraternity and which has been met by a wide spectrum of responses, from the ecstatic to the apoplectic. However, he must confess that, since the system is not yet up and running, all his anxieties have a somewhat hypothetical flavour to them. He therefore awards full...
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Published: Wed, 11 Jun 2014 21:44:34 +0000

Increasing Patent Damages: A Discussion with Mark Lemley

The way that many plaintiffs argue damages has always amazed me, and this shift to reasonable royalties at least somewhat vindicates my long held position. The law on lost profits makes it extremely difficult for a patentee to prevail, although historically lost profits has been where big awards have come. Still, reasonable royalties are guaranteed as a minimum for a victorious plaintiff. I have l...
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Published: Wed, 11 Jun 2014 19:25:41 +0000

It’s Payback Time- Punitive Damages Awarded in a Trademark/Copyright Infringement Case (Atlantic Industries v. Simon Food Processors)

On 26th May, 2014, the Delhi High Court, has recently awarded punitive damages amounting to Rs. 2 Lakh in an ex parte order against the absconding defendant Simon Food Processors for infringement of trademark and copyright (read the judgment here). The case deals with trademark and copyright over the name and stylised logo of SCHWEPPES owned by Atlantic Industries, a wholly owned subsidiary of The...
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Published: Wed, 11 Jun 2014 14:25:00 +0000

IP laws that discriminate against minorities: can you help us list them?

A distinguished academic intellectual property professor who quite by chance also happens to be a good friend of the IPKat has asked him to crowd-source a request for information that has been troubling her. She asks: Heaven forfend! “Does anyone know if some countries have IP laws with provisions discriminating against minorities, such against women, against certain sexual orientations or re...
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Published: 2014-06-11T10:09:25-04:00

More Details on Trademark Fee Reductions

Guest blog by Commissioner for Trademarks Deborah Cohn Recently, Deputy Director Lee blogged about the status of the USPTO’s operating reserves . I want to tell you more about our proposal to reduce total trademark fee collections. The reduction is possible due to efficiencies that have allowed the office to create an operating reserve. The proposed reduction maintains a reserve sufficient to ma...
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Published: Wed, 11 Jun 2014 13:26:00 +0000

How do we refer to CJEU cases now? A Kat's lament

This Kat has spotted something that surprised him on the Curia website. When browsing Case C‑97/12 P , Louis Vuitton Malletier v OHIM , a 15 May ruling of Court of Justice of the European Union (CJEU) on registrability of an illustration of a lock for goods which either did or didn't have locks, he noticed that some of the cases cited in the CJEU's judgment had odd-looking citations for reference ...
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Published: 2014-06-11T06:00:00.000-07:00

Post Production Documentary Fair Use

Dear Rich: We are in post-production on a documentary in which we use two campaign ads and limited news footage. One of the ads is an attack ad on one of our character (subjects) from 1996. We use about :20 of a :30 piece. Our character is in favor of using it as it demonstrates an outrageous lie against her and provides historical evidence of slander in political campaigns of the '90s. The other ...
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Published: Wed, 11 Jun 2014 12:00:29 +0000

A NAFTA Challenge to Canada’s Patent Utility Doctrine is Necessary

Canada is not the first country that comes to mind as a threat to U.S. trade. After all, Canada is our largest goods trading partner, with $632 billion in total goods traded bilaterally during 2013. . . Over the last decade U.S. pharmaceutical companies have faced trade challenges in the form of a narrow interpretation of patent eligibility in Canada. Canada’s patent utility provisions are a serio...
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Published: Wed, 11 Jun 2014 07:02:46 GMT

Brands talk like 10-year-olds on Facebook, study says

A study of 5,804 brand Facebook pages and 1,578,006 total posts throws up some fascinating conclusions. Some 67 percent of posts are at a 5th grade reading level or below.
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Published: 2014-06-10T23:17:54-05:00

In re Dinsmore (Fed. Cir. 2014)

Court Upholds PTO Determination That Reissue Cannot Cure Improper Terminal Disclaimer By Kevin E. Noonan -- Despite thirty years of efforts by the Federal Circuit to bring consistency and transparency to patent law (and the last dozen years of the Supreme Court's efforts to the contrary), in many respects patent law remains "full of traps for the unwary." A recent Federal Circuit decision, affirmi...
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Published: Wed, 11 Jun 2014 02:43:00 +0000

Court in the Act: UK Intellectual Property Office IS a court, rules another court

Here's a nice and easy decision on an issue arising from a patent dispute litigated in the Intellectual Property Enterprise Court, England and Wales: is the UK's Intellectual Property Office (UKIPO) a "court" in any meaningful sense of the word for the purposes of deciding the jurisdiction within Europe within which the courts should hear an action that spills over, beyond the convenient national ...
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Published: Wed, 11 Jun 2014 00:00:00 GMT

REPORT: Patchy conference report enough to put a bullet in Richter Gedeon’s morning-after pill patent

The UK High Court has held Richter Gedeon’s patent for a single dose of the emergency contraceptive levonorgestrel to be invalid in view of a report published a few months before the priority date, revealing the preliminary results from an incomplete study of the drug.
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Published: Tue, 10 Jun 2014 21:58:00 GMT

BLOG: RPX hires AST’s and PatentFreedom’s Dan McCurdy

In a major move in the IP market, patent aggregator RPX is hiring Dan McCurdy the CEO of AST and the founder and chairman of PatentFreedom. McCurdy, who features in our top 40 market makers published in the latest issue of IAM, has headed AST since 2008. Prior to joining AST he was a founder and CEO of IP advisory business Thinkfire and before that was president of Lucent Technologiesrsquo; IP bus...
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Published: Tue, 10 Jun 2014 18:39:00 +0000

BREAKING NEWS: Ireland leads EU in plain packaging initiative

Laetitia Lagarde (Jacobacci Avvocati), Class 46 blogger and former guest Kat, is also a member of the plain packaging (PP) task force of INTA's Limits on Trademark Rights Committee. Here she makes a welcome guest contribution on a bit of breaking news: Plain packaging in Ireland: towards a total ban on cigarette brands? Following the publication of the Tobacco Products Directive ( TPD ) on 3 ...
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Published: Tue, 10 Jun 2014 16:52:39 +0000

Is that Next RCE Really Going to Work?

Knowing when to give up on a patent application is one of the most critical questions facing for any patent applicant… When faced with the decision regarding whether to file an RCE or file an Appeal, the desire to not give up and to hopefully obtain a patent can easily lead any application to elect to the file a Request for Continued Examination (RCE). This is true for the cost reasons already sta...
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Published: Tue, 10 Jun 2014 16:40:00 GMT

BLOG: Google’s evolution from IP refusenik to major patent owner continues

Google may have come late to the patent game and established itself as one of the most high-profile voices in the call for litigation reform in Washington DC, but its portfolio of assets continues to grow exponentially. According to numbers released today by the IPO, Google was granted the tenth most US patents last year with 2,190, up 90.3% on 2012.To put that into perspective, Google first app...
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Published: Tue, 10 Jun 2014 16:25:05 +0000

Satellite Patent Office Update: Denver Opens June 30, 2014

The America Invents Act furthered the era of the satellite Patent Office. The law signed by President Obama on September 16, 2011, laid the foundation for the establishment of at least three satellite offices in addition to the one already planned for Detroit, Michigan. The cities selected for those three satellite offices were Denver, San Jose and [#8230;]
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Published: Tue, 10 Jun 2014 16:07:23 GMT

Apple iWatch could tap into patented weightlifting sensor

A newly-approved patent points to a sensor that could track weightlifting and send it to a mobile device, notably a watch.
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Published: Tue, 10 Jun 2014 15:54:00 +0000

Should Search stop sharing? Mike Weatherley MP ponders on piracy

Over the past few years of evolution of the Section 97A blocking injunction jurisdiction in the UK, this Kat has always thought it peculiar that while 41 websites are now blocked by the major UK ISPs, all of those websites still appear prominently in search results when you look for them on search engines. MP Mike - cooler than your average MP? This is on the mind of Mike Weatherley MP , Intel...
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Published: Tue, 10 Jun 2014 15:42:25 GMT

Apple iWatch could tap into patented weightlifting sensor

A newly-approved patent from Apple points to a sensor that would track your weightlifting abilities and send its findings to a mobile device, notably a watch.
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Published: Tue, 10 Jun 2014 12:09:00 +0000

Passing off? It would take a Miracle ...

A hearty katpat goes to guest blogger Rebecca Gulbul for providing the following analysis of a fascinating decision in a passing-off action that forms part of the growing body of case law in which this Kat's favourite doctrine of 'initial interest confusion' is raised -- and then lowered again. Rebecca writes: "Last week, Judge Hacon of the Intellectual Property Enterprise Court, England and Wale...
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Published: Tue, 10 Jun 2014 10:44:24 +0000

Joint ownership of patents can create enforcement risks; here’s how to avoid them

When two or more research institutions, corporations or other entities collaborate on an invention, it is common for them to agree that any patents resulting from the collaboration will be jointly owned. However, a jointly owned patent can be nothing #8230; Continue reading #8594;
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Published: Tue, 10 Jun 2014 09:53:08 +0000

Benefits of Parallel District Court Litigation and Patent Office Review

I wrote this article for IP Law360.  I am cross-posting it here with permission #8212; thank you Law360 #8212; because inter partes review (#8220;IPR#8221;) is increasingly a valuable strategy for patent defendants in Chicago, as it is for defendnats across the country. Inter partes review has become a popular, powerful tool for patent defendants. In many... Continue Reading
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Published: Tue, 10 Jun 2014 07:00:00 +0000

CJEU Trade Mark Jurisprudence: the Hansen survey

Today's your last chance! As reported last week in Friday Fantasies , Katfriend Hugh C. Hansen (Professor of Law and Director of the feared and revered Fordham IP Institute amp; IP Conference) is preparing a paper that addresses the trade mark jurisprudence of the Court of Justice of the European Union and its effects in the EU. To this end, Hugh has been running a short, anonymous survey via Sur...
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Published: Tue, 10 Jun 2014 05:27:56 GMT

Australian science history in pictures

Australia's government-funded research institute, CSIRO, has opened up its photo archives under Creative Commons. Here's a selection of some fascinating images showing the history of scientific research in Australia.
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Published: Tue, 10 Jun 2014 03:17:52 GMT

Sony PlayStation takes center stage at E3 2014 (pictures)

At an E3 press event in Los Angeles, Sony holds a keynote to discuss new game titles and sequels, updates to its Now service, and its branded set-top box, PlayStation TV.
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Published: Mon, 09 Jun 2014 17:07:58 -0800

Mann Law Group Hires

The Mann Law Group today announced that attorney Timothy J. Billick, Esq. has joined the firm as an associate attorney. Billick focuses his practice on all aspects of intellectual property and copyright matters including litigation and represents clients in industries spanning technology, healthcare and media. ldquo; Tim has a broad range of experience though his government and policy work and b...
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Published: Mon, 09 Jun 2014 16:57:16 -0800

Hershey's Chocolate Wants to Kill Your Buzz

Hershey's Chocolate, Inc. filed suit (Case No. 2:14-cv-00815-RSL) for Trademark Infringement in U.S. District Court in Seattle against Conscious Care Cooperative (Seattle CCC), a Seattle company which describes itself as quot;a non- profit cooperative that is dedicated to providing its members the highest quality of organic medicine or Medical Marijuana in Seattle.quot; What's bugging Hershey's ...
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Published: Tue, 10 Jun 2014 00:00:00 +0000

CIPA announces how newly qualified kittens can get Basic Litigation Qualifications

The IPKat is delighted to have received this contribution from Vicki Salmon, CIPA council member , and Chairman of the litigation committee . Merpel is likewise delighted to hear news of an issue that she raised recently . Over now, with great pleasure, to Vicki: How did Merpel not see this deadful pun before? In May, Merpel posted a request as to how a newly qualified kitten was supposed to co...
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Published: Mon, 09 Jun 2014 22:12:58 +0000

Narrow Internet Personal Jurisdiction Leads to Trademark Infringement Case Dismissed

The United States Federal District Court for the District of Nevada has dismissed a trademark infringement lawsuit against a foreign Internet poker site in a ruling that signals a rather substantial win for Internet businesses at large… Judge Robert C. Jones granted iBus Media Holdings’ motion for dismissal of Best Odds Corp.’s trademark infringement lawsuit. Judge Jones said the plaintiff failed ...
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Published: Mon, 09 Jun 2014 19:43:00 +0000

Monday miscellany

Forthcoming events . Do please remember to check out the IPKat's forthcoming events page. There's plenty of fascinating stuff on it, including events for which readers of this weblog are entitled to substantial discounts on their registration fees. One forthcoming event that has just been added to the list is coming up later this month in Milan: it's all about limitations and amendments of patent ...
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Published: Mon, 09 Jun 2014 16:59:05 +0000

Toshiba Seeks Patent on a Method for Generating an E-Check

We begin our look at Toshiba’s recent inventions with a thorough look at today’s featured patent application, which describes a system designed to increase the speed with which transactions via check can be reconciled with a financial institution. This system creates a digital image of a check which can be analyzed for quick financial reporting, reducing typical delays in processing checks. An app...
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Published: 2014-06-09T11:59:00-05:00

Guest Post -- Obvious To Try My Patience: Federal Circuit's Evolving Measure of Obviousness under 35 U.S.C. § 103

By Jon Schuchardt* -- Nothing endures but change. –Heraclitus Plus ça change, plus c'est la même chose. –Jean-Baptiste Alphonse Karr When I was your age, and Pluto was a planet, "obvious to try" was not the standard for evaluating patentability under 35 USC § 103. In KSR v. Teleflex, the US Supreme Court qualified this by rejecting the Federal Circuit's "TSM" test in favor of a more flexible stand...
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Published: Mon, 09 Jun 2014 16:50:00 GMT

BLOG: Cantor's IP auctions move could be the start of something big

Investment bank Cantor Fitzgerald has announced plans to create what it terms a ldquo;Global Intellectual Property Auction Marketplacerdquo; that will ldquo;provide a suite of solutions to patent owners, acquirers and those seeking to secure rights in intellectual propertyrdquo;. According to a press release that the firm has put out today: ldquo;Cantor is developing its Intellectual Property Auct...
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Published: Mon, 09 Jun 2014 15:14:00 +0000

Luxembourg, we have a problem: Where have the Advocates General gone?

... Or that I need you at all? What is the story with the Court of Justice of the European Union (CJEU), its references for a preliminary ruling, and what looks like a sentiment of increasing uneasiness of the Court towards its Advocates Generals, at least in the area of copyright? Over the past few months the CJEU has ruled on key copyright issues, that spanned from the scope of exclusive righ...
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Published: Mon, 09 Jun 2014 13:06:00 +0000

BREAKING NEWS: missing UK copyright exceptions are back

Probably sooner than expected Via Katfriend and 1709 Blog team member John Enser (Olswang LLP) comes the exciting news that proposed UK copyright exceptions for private copying, parody caricature and pastiche, and broader quotation are back and scheduled for entry into force on 1 October 2014. This morning new draft Statutory Instruments on private copying , and quotation and parody have been in...
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Published: 2014-06-09T06:00:00.000-07:00

How Do I Register Cover Songs With BMI?

use Limelight when covering a song Dear Rich: So, my first question is whether your answer to the question about registering a song with BMI and ASCAP is still the right information. I mean I signed with BMI but my co writer, the singer, he is with ASCAP. My second question is how do I register a cover song with BMI? I heard I can do that with Limelight. But if I do that with Limelight do I still...
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Published: 2014-06-09T08:53:38-04:00

An Update on Sustainable Funding for the USPTO

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee I’d like to take some time today to follow up a recent guest blog about our FY 2015 budget by our Chief Financial Officer, Tony Scardino. That blog gave an overview of what the USPTO anticipates collecting in fees in FY 2015, what we plan to spend, our staffing levels, and what w...
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Published: Mon, 09 Jun 2014 10:40:00 +0000

Looking for some discussion on IP enforcement? Two events for you

Living in a beautiful enforcement world: London ... Is IP enforcement and its effectiveness - or lack thereof - what you think of all day long? Then these two events might be for you. IP Enforcement in London Like this Kat, you might be thrilled to attend this week's International IP Enforcement Summit taking place in London. But what is this event about? David Barker (UK Intellectual Proper...
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Published: 2014-06-08T23:09:02-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Amarin Pharma, Inc. et al v. Teva Pharmaceuticals USA, Inc. 3:14-cv-03558; filed June 4, 2014 in the District Court of New Jersey • Plaintiffs: Amarin Pharma, Inc.; Amarin Pharmaceuticals Ireland Ltd. • Defendant: Teva Pharmaceuticals USA, Inc. Infringement of U.S. Patent Nos. 8,293...
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Published: 2014-06-08T22:40:56-05:00

Conference & CLE Calendar

June 9-10, 2014 - Hatch-Waxman Boot Camp*** (American Conference Institute) - Chicago, IL June 10, 2014 - "'Standing Out' -- The Supreme Court's Redefined Standard for Fee Shifting in Patent Litigation, and How It Might Impact 'Patent Troll' Litigation" (McDonnell Boehnen Hulbert amp; Berghoff LLP) - 10:00 am to 11:15 am (CT) June 10, 2014 - "Patent Dispute Resolution at the ITC and PTAB: Alternat...
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Published: Mon, 09 Jun 2014 00:27:00 +0000

FIFA's unfair catenaccio on World Cup's IP

Is it? With less than three days to go before the FIFA World Cup’s kick-off [the first match, Brazil v Croatia, is due on 12 June; the final, England v Italy, is surprisingly scheduled only two days later -- the complete calendar can be found here ] , a focus on the IP-related aspects of the event is in order. To help businesses and common people to deal with the issue, the Fédération Internation...
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Published: Sun, 08 Jun 2014 23:00:06 GMT

Woman drops cell phone in toilet, two die in rescue attempt

In China, a woman's husband and her mother-in-law are overcome by the stench of a cesspit, all because a brand-new phone was feared lost.
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Published: Sun, 08 Jun 2014 20:51:00 +0000

AIPPI Report: Are you sitting comfortably? Mellor QC recounts soft IP's 2013 "unfinished business"

The AmeriKitten transfixed by the summer rain against her window pane On a rainy June afternoon last week, raincoat-clad IP lawyers and AIPPI members made their ways to the offices of Allen amp; Overy, to hear James Mellor QC’s round up of the big ‘soft IP’ judgments of last year. Joined on stage by His Honour Judge Hacon, Mr Mellor QC took the audience through some ‘unfinished business’ and note...
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Published: Sun, 08 Jun 2014 07:39:00 +0000

IP in Crimea: an update

Few readers of this weblog can have read the unfolding drama of recent events in the East of Ukraine and in the Crimea without a sense of deep concern and foreboding. News and commentary on the political and military dimensions of these events are extensively covered elsewhere, on both the traditional and the social media. There is also an intellectual property aspect to the annexation of any terr...
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Published: Sun, 08 Jun 2014 06:26:00 +0000

Online video content: all future and no present?

It is popular to eulogize the ultimate demise of television as a distribution platform for video content. According to this view, the television screen may survive, but the distribution channel for content will increasingly be online rather than channel-driven. Facts on the ground (or on the couch) point to a different reality, at least for the moment. How many hours do Kat readers reckon the aver...
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Published: Sat, 07 Jun 2014 17:50:57 +0000

Guest Post: Book Review of Bugging Cancer – Daring to dream

Our very own Prashant brings for our readers a succinct and insightful review of a new book, ‘Bugging Cancer’, penned by the noted scientist Dr. Ananda Chakrabarty, who, as Prashant introduces adroitly, is “THE Chakrabarty from Diamond v. Chakrabarty.” So read on, folks! Book Review: Bugging Cancer – A story of cancer, love, research and patents Over the last few years the conversation about cance...
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Published: Sat, 07 Jun 2014 15:15:13 +0000

The Risk of Not Immediately Filing a Patent Application

I do not begrudge anyone their point of view, or suggest that there is but one right way to successfully get from point A where you have an idea or invention to point B where you dreams of commercial success are coming true, but with every choice there are associated risks. Unfortunately, many inventors still have not received the message about the importance of filing a patent application as quic...
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Published: Sat, 07 Jun 2014 06:52:39 -0500

Interesting Views on Two Ongoing Stories

There are two stories grinding their way along, most of the action being out of sight. The first being Oracle v Google arguing over the APIs for the Java language , and the second being Amazon and Hachette arguing over (probably e)book pricing. I haven't said anything about either case because there wasn't a lot going on that wasn't repetition of the basic points. I found a couple pieces that did ...
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Published: 2014-06-07T09:55:00.001+01:00

Dear President of the Chartered Institute of Patent Attornies

Andrea Brewster CIPA VP and Catriona Hammer, President After the excitement of the CIPA elections , it is time to learn what we can expect of the new Presidency. Our new President works full time for a large corporate GE Healthcare so the three priorities she highlights in her address (printed in the CIPA Journal for May which may eventually appear online here but is briefly noted now on her CIPA...
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Published: Sat, 07 Jun 2014 08:03:00 +0000

Get a licence if you wish to have your tattoos featured in a video game!

The discreet tattoo every IPKat contributor gets upon joining the Kat team Is there copyright in tattoos? As IPKat readers will remember, this fascinating question was addressed in a number of posts [ here , here , here , here , and here ] last year. Most of them were prompted by publication on Forbes of an article that reported rumours that the NFLPA [this is the organisation that represents...
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Published: 2014-06-06T22:53:02-05:00

Webinar on Nautilus and Limelight Decisions

McDonnell Boehnen Hulbert amp; Berghoff LLP will be offering a live webinar entitled "Nautilus and Limelight: The Supreme Court Keeps Chipping Away at Patentees" on July 9, 2014 from 10:00 am to 11:15 am (CT). MBHB attorney Grantland G. Drutchas and Patent Docs author and MBHB attorney Donald L. Zuhn, Jr., Ph.D. will discuss the impact of Nautilus, Inc. v. Biosig Instruments, Inc. and Limelight Ne...
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Published: Fri, 06 Jun 2014 17:41:29 +0000

Supreme Court Says Raging Bull Copyright Case To Go Another Round

In one corner, Paula Petrella, the daughter of Frank Petrella, co-author of the 1963 Raging Bull screenplays and book.  In the other corner, MGM, the owner of the copyright in the critically acclaimed motion picture Raging Bull, based on the life of boxing champion Jake LaMotta.   At issue, a 2009 copyright infringement suit against MGM... Continue Reading
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Published: Fri, 06 Jun 2014 15:48:31 +0000

Universities are NOT Patent Trolls

Jane Muir, AUTM President: "[U]niversities are not the next patent troll because at the end of the day, university tech transfer offices were put into place to ensure that the new discoveries that happen in the research laboratories ultimately get out into the marketplace by way of product and services that improve the human condition. The big difference is with patent trolls. They’re not interest...
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Published: Fri, 06 Jun 2014 15:25:00 GMT

BLOG: Research reveals the entities that have assigned most patents to Intellectual Ventures

Late last year Intellectual Ventures embraced an enhanced level of transparency when it made available details of around 33,000 patents that it owns; this represented over 80% of its entire portfolio. In the latest issue of IAM, published last week, Kent Richardson and Erik Oliver of the Richardson Oliver law firm reported on what they found when they took a look at the assets IV had opened up for...
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Published: 2014-06-06T11:21:41-04:00

IT Modernization at the USPTO Drives Productivity and Creates New Jobs

Guest blog by Chief Information Officer John Owens Information Technology (IT) is fueling our work in an era of escalating demand for patents and trademarks, and to face this challenge, our team is continuously looking for ways to operate more nimbly and deliver services rapidly. This year, we have been working to modernize the systems that support patent and trademark examination and fee proces...
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Published: 2014-06-06T15:34:00.000+01:00

Application for central amendment of a patent after revocation at first instance does not of itself render an appeal an abuse of process

Author: Matthew Jones (EIP) Samsung Electronics Co LTD v Apple Retail UK LTD amp; Another [2014] EWCA Civ 250, Court of Appeal, England and Wales, 11 March 2014 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu074, first published online: June 4, 2014 The Court of Appeal for England and Wales has ruled that an application for limitation (which is an application for ...
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Published: 2014-06-06T06:00:00.000-07:00

Star Trek Makeup and Emblems

Dear Rich: I wanted to get your advice on Star Trek costumes and Star Trek character makeup designs: Klingons, Vulcan's etc... I understand movie and television costumes are not protected under copyright law, but are the chevrons or emblems on the costumes protected under copyright or trademark laws? I have just completed an abstract comedy that involves actors from those Star Trek series. The act...
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Published: Fri, 06 Jun 2014 12:21:00 +0000

German Federal Patent Court's 2013 annual report - with English language case law summary

A fun read - for some... This Kat is a bit of fan of the German Federal Patent Court's annual report ... last but not least due to the fact that it always includes an excellent English language summary - and the 2013 report is no exception. The 2013 edition of the report is now available in PDF format and can be downloaded here . The goods news is that the "... current state of business of the Fe...
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Published: Fri, 06 Jun 2014 10:30:00 +0000

Friday fantasies

Katfriend Hugh C. Hansen (Professor of Law and Director of the much-loved Fordham IP Institute amp; IP Conference) has been busy again. He is currently working on a paper about the trade mark jurisprudence of the Court of Justice of the European Union and its effects in the EU. Says Hugh: "I have my views, of course [as this Kat knows, since they had quite a sharp exchange of views on this very to...
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Published: Fri, 06 Jun 2014 09:00:42 +0000

Distributed infringement issues under US patent law decided – lessons for India?

It seems that patent law decisions by the Supremes are the flavour for the month of June.  Our Supremes issued the decision in the Enercon matter and Aparajitha had posted about it here.  The US Supreme Court also issued two patent law decisions this week covering distributed infringement (Limelight Networks v. Akamai Technologies) and on indefiniteness analysis #8211; i.e. level of support in spe...
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Published: Fri, 06 Jun 2014 07:55:00 +0000

International jurisdiction for CTM infringement and unfair competition -- the CJEU speaks

Following the Advocate General’s opinion [on which see Jeremy’s post here ] , yesterday the Court of Justice of the European Union (CJEU) rendered its decision in Case C-360/12 Coty Germany GmbH v First Note Perfumes NV . It is about a reference from Germany's Bundesgerichtshof concerning international jurisdiction for Community trade mark infringement and unfair competition actions, respectively ...
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Published: Fri, 06 Jun 2014 07:36:00 +0000

Copyright Candies

Any ideas? Following yesterday's excitement for the decision of the Court of Justice of the European Union (CJEU) in Case C-360/13 PRCA v NLA [ here ] , the IPKat has received an email from a very distinguished and learned reader who asks the following question: " H ow is what the CJEU said in PRCA v NLA at [53]ff with regard to Article 5(5) [of the InfoSoc Directive ] to be reconciled with what i...
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Published: 2014-06-05T23:39:26-05:00

Consumer Watchdog v. Wisconsin Alumni Research Foundation (Fed. Cir. 2014)

Appellant's Opposition to Board Decision Not Enough to Establish Injury in Fact By Donald Zuhn -- Yesterday, the Federal Circuit dismissed an appeal by Consumer Watchdog from a decision of the Patent Trial and Appeal Board affirming the patentability of claims 1-4 of U.S. Patent No. 7,029,913. In dismissing the appeal, the Federal Circuit determined that Consumer Watchdog had failed to establish a...
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Published: 2014-06-06T05:29:00.000+01:00

A hyperlink can be both a permissible and an infringing act at the same time

Author: Paul Stevens (Olswang LLP) C-466/12 Nils Svensson and Others v Retriever Sverige AB , Court of Justice of the European Union, 13 February 2014 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu087, first published online: June 4, 2014 This much-anticipated decision of the Court of Justice of the European Union sets out when it might be an infringement of copy...
Read more
Published: 2014-06-06T00:45:00.000+01:00

The INTA Experience

Michael Factor has finally returned from the International Trademark Association (INTA) Meeting in Hong Kong, gathered his thoughts and committed them to posterity. This is what he writes: For those of you have never tried it, and for those of you that have, I share my thoughts on the INTA Experience. INTA is billed as a trade mark conference. I suspect that approximately 2% of participants go t...
Read more
Published: Thu, 05 Jun 2014 12:51:26 -0800

Mann Law Group Gets Jury Verdict in Patent Case

We've been exceptionally busy lately, so this is the first time we've had some time to actually take a look at what we've accomplished. The Mann Law Group, now with a new associate Timothy Billick (bio and press release to come later), partnered up with John Whitaker to obtain a unanimous jury verdict award in the case Brilliant Instruments Inc v. GuideTech Inc. in the Northern District of Calif...
Read more
Published: 2014-06-05T09:21:00.000-07:00

Selling on Teachers Pay Teachers

Dear Rich: I am a teacher who creates many worksheets/handouts and I am looking to sell my work on a site called teachers pay teachers. When it comes to comprehensions or poems, where one creates a worksheet based on a text or written piece, how does it work in terms of copyright? If I find an online article that I want to use for a comprehension to create a worksheet and sell on TpT, and I give r...
Read more
Published: Thu, 05 Jun 2014 16:20:00 +0000

Exclusive Interview with AUTM President Jane Muir

Jane Muir, AUTM President: "[T]he majority of all the discoveries that come out of universities and research institutions are very early stage. They’re at the stage where they’re patentable. They are a new discovery, but they’re not yet a product. In order to get them from that patentable early discovery stage to a product that can actually be taken to the market requires an additional investment ...
Read more
Published: Thu, 05 Jun 2014 16:13:20 +0000

A Belated Weekly Review (May 26th to June 1st, 2014)

We started the week with Spadika’s post on Teklo Corporation v. Survo Ghosh, a case of the Delhi High Court in which Justice Endlaw ruled that misuse of copyright is not a defence to infringement. The plaintiffs alleged that their copyrighted software was being infringed by the respondents. The respondents, instead of relying on the usual defences available under the copyright act, instead set up ...
Read more
Published: Thu, 05 Jun 2014 14:49:02 +0000

IBM Seeks Patent on Automatically Determining Content Security

IBM is renowned for its development of supercomputing programs, which is the focus of today’s featured patent application. This filed application describes a system of analyzing digital content in various forms in order to automatically determine the appropriate security level for that content, eliminating the need for network users to manually apply security measures on their own. We also found a...
Read more
Published: Thu, 05 Jun 2014 14:20:00 +0000

Vampire vodka Dracula spectacular: a Transylvanian tale of non-use juice

This one is about proving genuine use of a Community trade mark. The decision is of the General Court, and it is Cases T‑495/12 to T‑497/12 European Drinks SA v OHIM, SC Alexandrion Grup Romania Srl intervening , handed down today. European trade mark law operates a “use it or lose it” policy with Community and national trade marks. Once your mark has been registered for more than five years, if y...
Read more
Published: Thu, 05 Jun 2014 09:19:00 +0000

BREAKING NEWS: CJEU says that you can keep browsing the internet without (copyright owners') permission

The Court of Justice of the European Union (CJEU) has just issued the decision everybody was waiting for, this being the decision in Case C-360/13 Public Relations Consultants Association v Meltwater . Similarly to what happened - quite surprisingly but increasingly frequently [ see the 2013 Annual Report ] - in Case C-466/12 Svensson [on which see here , here , here , here and here ] , it di...
Read more
Published: Thu, 05 Jun 2014 08:18:00 +0000

BREAKING: AG Jääskinen says that a Member State may authorise libraries to digitise individual works without rightholders' consent

Today it's Copyright Thursday at the Court of Justice of the European Union (CJEU). Not only is the Court just about to rule in in Case C-360/13 Public Relations Consultants Association v Meltwater , but Advocate General (AG) Jääskinen has just released his Opinion [not yet available] in Case C-117/13 Technische Universität Darmstadt v Eugen Ulmer KG. This is a reference for a preliminary ruli...
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Published: 2014-06-04T23:37:06-05:00

Guest Post: Myriad -- An Obvious and Patent-Friendly Interpretation

By Paul Cole* -- Is Myriad truly authority for the proposition that naturally occurring nucleic acid sequences and a host of other naturally occurring materials are no longer patent-eligible? Was it really the intention of the Supreme Court to strip away by a side wind protection for future small molecule innovations of the stature of adrenalin (US 730,176; Parke-Davis v Mulford, 189 F. 95, 103 (1...
Read more
Published: Wed, 04 Jun 2014 21:22:26 +0000

Making the Case for Libraries in Latin America: A New School of Open Course

Read about this course in Spanish on the CC Uruguay blog. ABC of Copyright for Librarians in Latin America, or ABC del derecho de autor para bibliotecarios de América Latina, is a free, online course that launches today as part of the School of Open. This Spanish language course seeks to help librarians and library [#8230;]
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Published: Wed, 04 Jun 2014 20:43:29 +0000

CSIR-URDIP announces admission for PG Diploma in Patinformatics(Patent Informatics)

CSIR-URDIP has been working in the field of Patinformatics for more than a decade. Patinformatics is fast emerging as a science of analyzing patent information which supports decision making in research, technology and business planning. #160; CSIR – URDIP is now launching for the first time in the country a one year full time post-graduate diploma course in the field of Patinformatics. The course...
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Published: Wed, 04 Jun 2014 20:06:21 +0000

Hatch Writes President Over Lack of PTO Director

On Monday, June 2, 2014, Senator Orrin Hatch (R-UT) wrote to President Obama expressing concern with the fact that the United States Patent and Trademark Office has been without a director for more than 16 months. The letter from Senator Hatch to President Obama is reproduced below. In the letter, Senator Hatch also questions whether [#8230;]
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Published: Wed, 04 Jun 2014 17:15:20 +0000

USPTO Launches Glossary Pilot to Promote Patent Claim Clarity

Pilot participation requires an applicant to include a glossary section in the patent application specification to define terms used in the patent claim. Applications accepted into the pilot will get expedited processing, be placed on an examiner’s special docket prior to the first office action and have special status up to issuance of a first office action.
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Published: Wed, 04 Jun 2014 15:31:08 +0000

Yahoo Seeks Patent on Method of Recommending Advertising Services

We start today’s check into Yahoo!’s innovations with an in-depth look at one patent application describing an online marketplace for advertising services which can be bought for business purposes. This marketplace enables advertising services to bid for rates and can analyze consumer interactions with a business website to suggest effecting online marketing tools. Other patent applications descri...
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Published: 2014-06-04T06:00:00.000-07:00

Compilation in Founding Father Letters?

Dear Rich: Universities and libraries often publish the collected papers of long-dead public figures, such as George Washington or Alexander Hamilton. If I quote one of their letters in a book, I'll want to cite the source of the letter that I took from a volume published by, say, a university press. But if I quote excerpts from several letters, do I need to seek permission from the press that com...
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Published: Wed, 04 Jun 2014 10:27:50 +0000

Webinar Recap! Barbarians at the Gate: Class Action Avoidance and Mitigation for Data Breach

We are pleased to let you know that the webinar “Barbarians at the Gate: Class Action Avoidance and Mitigation for Data Breach” is now available as a podcast and webinar recording . In Seyfarth’s third installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys took a closer look at avoidance and mitigation techniques for data breaches, including where the #8230; Continue Reading
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Published: Wed, 04 Jun 2014 06:38:55 +0000

European patent office to include Indian patents in their search database.

An invention can be the subject of a number of patent applications worldwide, in a variety of languages. Patent equivalents are a list of similar patent documents; with the same priority dates from throughout the world (for example see here). Searching for Indian patent equivalents is a herculean task! I#8217;ve always wondered why Indian patents never featured in free online databases like WIPO’s...
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Published: 2014-06-03T23:59:00-05:00

Nautilus, Inc. v. Biosig Instruments, Inc. (2014)

By Kevin E. Noonan -- In the universe of the toxic interplay between the Federal Circuit and the Supreme Court, an affirmance or even a begrudging acknowledgement of the Federal Circuit's "special expertise" in patent law has become as rare as the apocryphal newspaper headline "Man bites dog." Once again, in an opinion rendered yesterday in Nautilus, Inc. v. Biosig Intruments, Inc., the mythical p...
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Published: Wed, 04 Jun 2014 04:26:16 +0000

Employees Strike Back Against Former Employer For Alleged Bogus Claim of Trade Secret Misappropriation

A state court issued a preliminary injunction for alleged trade secret misappropriation, but the enjoined parties successfully used post-injunction discovery to convince the court that the complaint was baseless.  Those parties then filed a federal court lawsuit for abuse of process and other torts.  In Peek v. Whittaker , Case No. 2:13-cv-01188 (W.D. Pa., May 22, 2014), the court held #8230; Cont...
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Published: Wed, 04 Jun 2014 00:00:00 GMT

REPORT: UK clinical trials given immunity from patent infringement

New legislation drafted by the UK government should shield clinical trials in the United Kingdom from the risk of patent infringement in the near future. The current UK Patents Act includes two provisions aimed at exempting certain experiments from infringement. However, these provisions are limited, so at present many UK clinical trials would not be sheltered from patent infringement by a statuto...
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Published: Tue, 03 Jun 2014 16:35:19 -0500

EFF Making Mountains out of (CAFC) Molehills

Seems to be CAFC month around here. One more viewpoint in the debate from Jason Rantanen at the PatentlyO blog : the CAFC's record isn't that bad. In particular, Rantanen takes issue with how the EFF appears to be keeping score. By noting that the CAFC has lost decisions unanimously, Vera Ranieri of the EFF claims that the CAFC is now "0-45" . Well, yes, but. Rantanen points out that SCOTUS deni...
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Published: Tue, 03 Jun 2014 18:30:00 GMT

BLOG: SCOTUS provides more light for patent reformers; Justice Alito scolds CAFC

If you are a member of the pro-patent reform community, still licking your wounds from Senator Leahyrsquo;s decision to shelve proposed legislation, then the US Supreme Court might have given you some cause for celebration yesterday. After it lowered the bar on fee shifting in the Octane and Highmark cases, SCOTUS handed down two decisions in patent cases including one, in Nautilus v Biosig, which...
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Published: Tue, 03 Jun 2014 16:45:04 +0000

Can you parody me now?

Pamela Chestek, as is her wont, asks a great question in this post.  As usual, however, before repeating her question we need the background, to wit (footnotes omitted): The Office of the Lieutenant Governor for Louisiana owns a state trademark registration for LOUISIANA PICK YOUR PASSION: The Louisiana Department of Culture, Recreation and Tourism, which is under [...]
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Published: Tue, 03 Jun 2014 14:55:18 +0000

Supreme Court reverts to stricter standard for finding induced patent infringement

Continuing its string of reversals of Federal Circuit patent decisions, the United States Supreme Court has done it again.  In  Limelight Technologies, Inc. v. Akamai Technologies, Inc., the Court ruled that a defendant can be liable for induced infringement of #8230; Continue reading #8594;
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Published: Tue, 03 Jun 2014 13:41:30 +0000

The dispute between Anchor Health & Beauty Care and Proctor & Gamble Manufacturing- Part II

Yesterday, I had published a post about the Single Judge#8217;s decision of 9 May, 2014 with respect to the trademark dispute between Anchor and Proctor #38; Gamble. One of the major issues involved therein was whether the plaintiff#8217;s mark #8220;ALLROUND PROTECTION#8221; was descriptive or not. The Single Judge decided this issue and rightly so, using the principle of approbate and reprobate....
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Published: Tue, 03 Jun 2014 13:01:52 GMT

Apple wins patents on 3D technology in desktop user interfaces

The company's technology might not actually come to future versions, however, given the "flatter" design in Apple's latest OS X launch, Yosemite.
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Published: 2014-06-03T06:00:00.000-07:00

What's Needed for EFS-WEB Filing of Design Patent?

Dear Rich: What documents do I need to file a design patent online? Do I only need drawinsg and specification? Or do I need to upload the oath/declaration, too? Do I need the Application Data Sheet? Where can I find a template? Templates and detailed instructions on preparing and filing design patents can be found at the USPTO website or at our design patent website . To file a design application ...
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Published: Tue, 03 Jun 2014 12:38:00 GMT

BLOG: Federal Circuit hammers final nail in the coffin for BT’s outed privateering campaign

British Telecomrsquo;s (BT) attempts to monetise a patent covering internet server technology have been derailed after the Court of Appeals for the Federal Circuit (CAFC) affirmed the assetrsquo;s invalidity last week.The case in question is of particular interest since it is, as far as this correspondent is aware, the first time that the details of a confidential privateering relationship betwe...
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Published: Tue, 03 Jun 2014 12:12:24 GMT

Samsung acquiesces to InterDigital demands in new licensing deal

The companies had fought for years over licensing terms on patents held by InterDigital, but it appears that battle is now over.
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Published: Tue, 03 Jun 2014 12:00:30 +0000

Patent Litigation Damages Awards: Trends, Strategies & Tactics

According to data from Lex Machina, in 2013, average patent infringement awards increased 28% and median patent infringement awards increased 22% when compared with infringement damages awards during 2012. The question for in-house attorneys, as well as for plaintiffs attorneys, is whether this trend will continue in 2014 and beyond.
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Published: Tue, 03 Jun 2014 06:04:13 -0500

If the CAFC Isn't Listening, Maybe Other Judges Are

When the Supreme Court overturned the CAFC in a case known as Octane Fitness earlier this year, I noted that SCOTUS was telling the CAFC that the Federal Circuit had the wrong idea about when attorney fees could be awarded in baseless patent suits. Now, according to Joe Mullin for Ars, we have our first ruling 1 putting the Octane principle into action . The case involved another 'fitness' comp...
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Published: Tue, 03 Jun 2014 10:00:09 +0000

SCOTUS Overrules Federal Circuit on Induced Infringement

Akamai argued Limelight ''provides instructions and offers technical assistance'' to its customers regarding how to tag. The Federal Circuit dodged the question about whether there was direct infringement under 35 U.S.C. 271(a), but instead found that there was induced infringement under 35 U.S.C. 271(b). The problem with this ruling was that it was a legal impossibility. Well settled law had long...
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Published: Tue, 03 Jun 2014 09:22:00 +0000

US Supreme Court "Definitely" At It Again

Yesterday was a patent double bill from the US Supreme Court. As our dear blogmeister Jeremy has just posted , it was confirmed that for there to be inducement of infringement, there has to be a direct infringement of the patent by a single entity. The Supreme Court also issued its decision in Nautilus, Inc. v. Biosig Instruments, Inc., Docket No. 13-369 (2014) . This Kat will write about it very ...
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Published: Tue, 03 Jun 2014 07:44:00 +0000

US Supreme Court in the Limelight, casts shadow over patent inducement liability

Forget for a minute topics as such quality patents, mechanisms for examination and grant, patent prosecution highways and all that stuff: it's the quality of relief for patent infringement which is the motor that drives the entire patent system. If there is no effective relief for infringement, or if it is too narrow, expensive or slow, justification for filing for patent protection diminishes and...
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Published: 2014-06-02T23:59:00-05:00

Limelight Networks, Inc. v. Akamai Technologies, Inc. (2014)

By Donald Zuhn -- Today, in Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court determined that a defendant is not liable for inducing infringement of a patent under 35 U. S. C. § 271(b) when no one has directly infringed the patent under § 271(a) or any other statutory provision, and reversed a decision of the Federal Circuit finding that Limelight Networks, Inc. had infringe...
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Published: Tue, 03 Jun 2014 02:05:51 +0000

Supreme Court: Patents require “reasonable certainty” or may be invalid

With the much-publicized issue of vague patent claims square in its sights, the United States Supreme Court has issued a new standard by which courts may find patents invalid for indefiniteness. The  new standard may give defendants another tool in their arsenal to challenge the validity of patent #8230; Continue reading #8594;
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Published: Tue, 03 Jun 2014 01:15:42 +0000

SCOTUS Overrules “Insolubly Ambigous” Indefiniteness Standard

The district court determined that the term was indefinite, the Federal Circuit reversed. According to the Federal Circuit, a claim is indefinite "only when it is not amenable to construction or insolubly ambiguous." Under that standard, the majority determined, the ’753 patent survived and was not indefinite. The Supreme Court characterized this test as the Federal Circuit tolerating "some ambigu...
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Published: Mon, 02 Jun 2014 19:16:41 -0500

More CAFC Volleyball

The Supreme Court unanimously overturned the CAFC twice (again) this week, continuing to highlight how dysfunctional this court has become . The cases were Limelight v Akamai and Nautilus v Biosig . You can read about the details of the cases if you like, but the key point is that the CAFC and SCOTUS continue to disagree about major elements of, and interpretations of precedents for, patent law...
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Federal court stakes new ground for reach-through claims

Reach-through claims – whichallow broad protection foran invention – have been acontentious issue for years. TheGerman Federal Court’s recentdecision on dipeptidyl-peptidaseinhibitors suggests that the matteris far from settled
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Effective patent first - filing approaches for international teams of inventors

Companies with Ramp;D operations inboth China and the United Statescan choose the best jurisdictionin which to file their initial patentapplication. This can have a majorimpact not only on priority andgrant dates, but even on the qualityof the initial patent draft
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: IP valuation in the digital economy

With more consumer activity takingplace online than ever before,it is imperative to find ways ofmeasuring the economic valueadded by technologies that enablee-commerce, especially when itcomes to calculating awards forpatent damages
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: What’s inside IV’s patent portfolio?

At the end of last year, IntellectualVentures launched a publicdatabase providing details of33,000 patent assets that itcurrently owns and manages,allowing an in-depth analysis of itsportfolio for the first time
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Portfolio princes – the entities that own over half of all active US patents

Last issue, we revealed thecompanies that own the 100 largestportfolios of active US patents. Here,we expand the list to name each ofthe 344 entities holding portfolios ofover 1,000 assets, representing 55%of all US patents currently in force
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Chinese patent law and protection for genetic resources

New clauses on the protection ofgenetic resources were added tothe amended Chinese Patent Lawfour years ago. So far, it appearsthat the new filing requirements – inparticular, the genetic source form –are not placing an undue burden onapplicants
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Using a patent roadmap to lay the ground for an IP strategy

While an IP strategy is the goldstandard, it is not always possible dueto constraints on time and resources.However, a patent roadmap and partialdeployment by IP teams can still make adifference to an organisation’s bottom line
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Supreme Court lowers the bar for attorneys’ fees in patent litigations

The US Supreme Court has rejectedthe existing standard set by the Courtof Appeals for the Federal Circuit forattorneys’ fees under 35 USC §285and mandated a more deferentialstandard of review for district courtfee determinations. As a result, courtswill likely see an increase in claims forattorneys’ fees under the US Patent Act
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Let the shake-out begin

Over the next three to five years, halfor more of the 30 or so public patentlicensing companies are likely to merge,go private or otherwise disappear.That’s not necessarily bad news for IPinvestors or holders
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Australia sets its own course on the patentability of biotechnology

Judicial, legislative and politicalscrutiny of the patentability ofbiotech and pharmaceuticaltechnologies is presentingsignificant global challenges tothese sectors
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Big data solutions to determining IP risk and value

The significant increase in thevolume and availability of dataabout intellectual property,combined with major advancesin data science, make this theperfect time to apply big datasolutions in order to producepowerful analytics and IPvisualisations
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Patent issues for the Indian life sciences industry

As the Indian patent regime iscontinually evolving, applicantsseeking to protect their inventionsin India must pay careful attentionto the legislation and Patent Officeguidelines
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: The G20 innovation race

Emerging markets are closing in ontheir more developed counterparts, withChina’s patent and research growth nowdwarfing that of the United States, writesBob Stembridge of Thomson Reuters
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Key issues for senior life sciences executives

Deciding whether to proceed withlitigation or to forgo or settle aninfringement claim requires thata broad number of factors becarefully weighed
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Sign of the times: trends in technology IP licensing

While large portfolios oraggregations of valuable patentscontinue to earn record-breakingroyalties, some rights holders arelooking at alternative means – suchas outright sale or privateering dealsto patent aggregators – to extractvalue from small patent portfolios
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: South Korea’s Patent - Approval Linkage System

Although South Korea’s new Patent-Approval Linkage System will not befully implemented until 2015, thereis already keen interest from globalpharmaceutical companies. Yetwhile the system should strengthenpatent rights, it may also increasethe number of disputes
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Published: Tue, 03 Jun 2014 00:00:00 GMT

ARTICLE: Employee-inventor monetary award laws put Japan at a competitive disadvantage

Article 35 of Japan’s Patent Law –giving employees patent rights intheir inventions – has come under firefor its failure to define ‘reasonableremuneration’ and lack of clear guidance,which risks impeding economic growth
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Published: Mon, 02 Jun 2014 21:00:51 +0000

Breaking News: SC streamlines patent revocation procedures in Enercon litigation

Yesterday, the Supreme Court rendered a significant decision in the Enercon patent litigation. The court addressed the issue of multiplicity of proceedings in patent cases with regard to opposition, invalidation and revocation. The judgement goes a long way in streamlining the procedural aspects of patent cases. A patent can be annulled in three ways #8211; either by way of an opposition (pre or p...
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Published: Mon, 02 Jun 2014 18:41:00 GMT

BLOG: The most comprehensive guide to the world's leading patent practitioners and firms now online

The 2014 edition of the IAM Patent 1000 ndash; The Worldrsquo;s Leading Patent Professionals is now available online. This is the third edition of our unique guide to leading private practice patent professionals and firms in 41 of the worldrsquo;s key jurisdictions (with national and regional rankings for the US).To the best of our knowledge the IAM Patent 1000 remains the only one-stop-shop gu...
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Published: 2014-06-02T10:14:00.000-07:00

If Lyrics Are Added Later ...

Dear Rich: I purchased and enjoyed reading your book "Getting Permission," but I can't find an answer to the following question: I am a lyricist, and a composer has asked me to write lyrics for his songs with the intention that we would each own 50% of the copyright in the resulting song (music + lyrics). I have done this with other composers and registered the song (music + lyrics) copyright in o...
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Published: Mon, 02 Jun 2014 16:58:59 +0000

Anchor Health and Beauty Care Pvt Ltd. v. P&G Manufacturing Co Ltd- a trademark dispute over descriptiveness and more!

Last month, the High Court of Delhi decided a trademark dispute between Anchor Health and Beauty Care Pvt Ltd and Proctor and Gamble Manufacturing Co Ltd. The plaintiff (Anchor Health) had a registered trademark #8216;ALLROUND#8217; and they stated that the defendant#8217;s use of the mark #8220;ALL-AROUND PROTECTION#8217; vis-a-vis their toothpaste brand ORAL-B constituted an infringement of the ...
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Published: Mon, 02 Jun 2014 15:44:00 +0000

Colour colour colour colour colour Chameleon

Unlike the new Common Practice... Back in April, this Kat reported on the new European trade mark Common Practice as regards black and white trade marks, and how they are to be compared to colour versions of the same: Red and yellow and pink and green… or just black and white? Important new European Common Practice on black and white trade marks (also considered in this guest post No fudge? Gener...
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Published: Mon, 02 Jun 2014 14:23:00 +0000

Monday miscellany

Photo by Mo LI The OHIM IP Mediation conference in Alicante last week received a fair bit of attention on this blog (see posts here , here , here , here and here ), as well as on Twitter (under the hashtags #ohim and #ipmediation). One aspect of this event that received little attention on the blogosphere but which was a source of some keen interest at the time was the technique employed by this ...
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Published: Mon, 02 Jun 2014 14:00:05 +0000

Mformation Patents to be Auctioned by ICAP Patent Brokerage

Recently the ICAP Patent Brokerage announced that at the end of July 2014 it will auction via sealed bid several patent families in the area of remote, over the air (OTA) mobile end point management... It should be noted, however, that this portfolio does not include the patent asserted by Mformation against RIM – U.S. Patent No. 6,970,917... Mformation has appealed that decision to the United Sta...
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Published: Mon, 02 Jun 2014 12:00:58 +0000

World Intellectual Property Indicators 2013: Design Patent Highlights

The past decade has seen tremendous growth in design patent filings, increasing from 582,000 in 2004 to over 1,217,000 in 2012 worldwide. In 2012, the 17% growth over the prior year in applications was the highest one year growth seen since reporting started in 2004... President Obama signed the Patent Law Treaties Implementation Act of 2012 into law in December of 2012. With the inclusion of the ...
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Published: Mon, 02 Jun 2014 07:33:00 +0000

Surprising growth of support for Europe's Unitary Patent Court, but ...

"But WHY?" It's not quite a case of turkeys voting for Christmas, or even of sane and ostensibly unbribed humans voting to play the 2022 World Cup in Qatar, but here's a survey the results of which leave this Kat quite surprised. The figures come from a press release from the highly respectable magic circle law firm Allen amp; Overy but this press release does not indicate the methodology by whic...
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Published: Sun, 01 Jun 2014 23:48:02 GMT

Three Dyson inventions you'll never see in stores

Dyson just recently announced plans to expand beyond its trademark vacuums, but it turns out that the brand has been working on non-vacuum prototypes all along.
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Published: Sun, 01 Jun 2014 23:01:40 GMT

These Dyson inventions didn't make it to market (pictures)

Take a closer look at three Dyson prototypes that will never be.
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Published: Sun, 01 Jun 2014 22:00:06 GMT

Artist trademarks Pi, geeks tear hair out

A Brooklyn artist claims to have trademarked the Greek letter Pi for all sorts of apparel, causing T-shirt site Zazzle to remove thousands of geeky designs.
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Published: 2014-06-01T11:25:45-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cephalon Inc. v. Breckenridge Pharmaceutical Inc. et al. 1:14-cv-00671; filed May 27, 2014 in the District Court of Delaware • Plaintiff: Cephalon Inc. • Defendants: Breckenridge Pharmaceutical Inc.; Natco Pharma Ltd. Infringement of U.S. Patent Nos. 8,445,524 ("Solid Forms of Benda...
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Published: 2014-06-01T11:00:37-05:00

Conference & CLE Calendar

June 4, 2014 - "Patent Due Diligence Post-AIA: Avoiding Dangers of Inadequate Investigation -- Evaluating Validity of Key Patents, Identifying Enforceability Issues, Addressing New Considerations Under the AIA" (Strafford) - 1:00 to 2:30 pm (EDT) June 4-6, 2014 - Biosimilars*** (American Conference Institute) - New York, NY June 5, 2014 - "Secondary Use Pharmaceutical Patents: Litigation and Trade...
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Published: Sun, 01 Jun 2014 10:28:28 -0500

What Do "Real" Authors Do?

A study in contrasts and similarities, related to the previous post about creator experiences . Author John Sundman noted that his publishing adventure from Creative Commons to traditional publishing got an interesting summary from a blogger . Sundman's publishing journey is unusual, probably unique. He began with a Creative Commons-licensed work ( Acts of the Apostles ) that got a positive revi...
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Published: Sun, 01 Jun 2014 13:00:12 +0000

An Agency Responds: USPTO’s Challenge to Create Post-Myriad Examination Guidelines that Translate Supreme Court Decision into Day-to-Day Action

Written by David J. Kappos, former Director of the USPTO: "The language of the Myriad decision did not on its face mandate drastic, innovation-dampening action. The Supreme Court chose to narrowly decide the Myriad case, stating that a DNA segment merely “found” from nature without further human innovative intervention is not patentable subject matter... Indeed, the stakes are high – the decision ...
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Published: Sun, 01 Jun 2014 12:00:32 +0000

USPTO To Host IT Career Fair For Veterans

The U.S. Commerce Department’s United States Patent and Trademark Office (USPTO) will host a career fair for veterans with specialized IT experience on Friday, June 13 and Saturday, June 14, 2014 at the USPTO headquarters in Alexandria, Virginia. There are available positions in the areas of cybersecurity, data architecture, desktop support, software engineering development, systems development an...
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Published: Sun, 01 Jun 2014 11:00:06 GMT

Dead and buried: Microsoft's holy war on open-source software

Qamp;A: Years ago, Microsoft's CEO described open source as a cancer. Times have changed. Just ask 22-year Redmond veteran and open-source proponent Mark Hill.
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Published: 2014-06-01T09:00:00Z

ZeniMax says Oculus VR and founder Palmer Luckey stole trade secrets, files lawsuit

In the latest legal battles raging across Silicon Valley and the tech world, ZeniMax Media is taking Oculus VR to court. The lawsuit deals with trade secrets being exchanged and instrumental to the Oculus Rift VR headset becoming a reality...
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Published: 2014-06-01T02:30:42Z

Indian National Stole Trade Secrets From Two New Jersey Companies

Mr. Ketankumar Maniar worked as an engineer at C.R. Bard, from 2004 to 2011, and at Becton, Dickinson and Co., from 2012 to 2013. While working for the medical technology companies, Maniar downloaded files with product information onto computer storage...
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Published: Sun, 01 Jun 2014 00:00:00 GMT

EVENT: 44th World Intellectual Property Congress

14-18 September, Toronto
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Published: Sat, 31 May 2014 23:01:00 +0000

The dawn of a new era? New UK copyright exceptions enter into force today

Contemplating a new beginning for UK copyright At last! The " strictly embargoed " media release from the UK Intellectual Property Office (IPO) can be finally disclosed. As copyright aficionados will know just by looking at their marked special-event calendars, today is the day when new exceptions to UK copyright enter into force. But let's read it from the IPO press release: "Reforms to copyri...
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Published: Sat, 31 May 2014 13:42:00 GMT

BLOG: IPNav breakaway commits to best practices in another NPE self-regulation move

Dominion Harbor Group, a licensing company formed by eight former-IPNav employees, has published a list of six best practice principles, in another attempt by a monetisation business to help improve standards in the patent market. The principles are designed to distinguish DHG from bad actors in the market and to encourage greater self-regulation among the patent community.In a statement DHG sai...
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Published: Sat, 31 May 2014 13:00:31 +0000

Patent Drafting: Top 5 Critical Things to Remember

Many times inventors fail to adequately describe their inventions because the invention is obvious to them, and they think it will be equally obvious to others. The law, however, requires that a patent application explain the invention to someone who is not already familiar with the invention. One of the best way to do this is to explain it like a child explains things when doing a show and tell a...
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Published: Sat, 31 May 2014 10:13:24 +0000

Wockhardt v Remed Healthcare: Trademarks and Medicines

There have been many recent trademark cases (e.g. Merck Kgaa #38; Anr vs Abhinav and Ashok Trading, 2014- where Carbophar was held to be deceptively similar to the trademark Carbophage and a permanent injunction was granted.) surrounding infringement suits over trademarks related to medicines. Trademark law assesses similarity of marks from the lens of an ‘average man of ordinary intelligence’ who...
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Published: Sat, 31 May 2014 10:13:00 +0000

A matter of intended or actual laugh? The parody exception under EU and UK laws

Gigi is invariably great fun to watch ... A few days have passed since Advocate General (AG) Cruz Villalon issued his Opinion [not yet available in English: will it ever be?] in Case C-201/13 Deckmyn [ here ] , and even more time since UK IP Minister Lord Younger announced that adoption of proposed parody, caricature and parody exception had been [indefinitely?] delayed. While waiting for furthe...
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Published: 2014-05-30T23:30:14-05:00

ABA IP Roundtables on Reviewing Fact Issues of Claim Construction

The Intellectual Property Litigation Committee of the American Bar Association (ABA) Section of Litigation will be holding a number of luncheon roundtable discussions at various locations around the country to address the topic: "Reviewing Fact Issues of Claim Construction -- Will the Supreme Court Defer to Federal Circuit Precedent?" Roundtables have been scheduled on the following dates at the f...
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Published: 2014-05-30T23:28:38-05:00

Webinar on Post-Grant Patent Proceedings

Strafford will be offering a webinar/teleconference entitled "Leveraging Post-Grant Patent Proceedings Before the PTAB: Best Practices for Patentees and Third Parties in Inter Partes Review, Post-Grant Review and Covered Business Method Patent Challenges" on June 12, 2014 from 1:00 to 2:30 pm (EDT). Greg H. Gardella and Scott A. McKeown of Oblon Spivak McClelland Maier amp; Neustadt will discuss p...
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Published: Fri, 30 May 2014 23:16:09 +0000

Federal Circuit Gives GE LED Patents New Life in Suit Against AgiLight

A previous post discussed AgiLight#8216;s summary judgment win at the district court level where the LED lighting developer#8217;s products were found not to infringe two GE patents, U.S. Patent Nos.7,633,055 (#8217;055 Patent) and 7,832,896 (#8217;896 Patent) Two other GE patents  - 7,160,140 entitled “LED string light engine” (#8217;140 Patent) and 7,520,771 entitled “LED string light engine and...
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Published: Fri, 30 May 2014 19:04:57 GMT

How to set up and start using Cortana

These tips will help you get started with Microsoft's brand new voice assistant in Windows Phone 8.1.
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Published: Fri, 30 May 2014 18:41:12 +0000

Best of Luck to California Chrome!

Let me start with a disclaimer.  This column is not really about intellectual property.  It’s about the unexpected – what happens when people stick to their principles and challenge the way it’s always been done.  Actually, this column is about a horse.  (But I’ll say something about intellectual property along the way.) I have a... Continue Reading
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Published: Fri, 30 May 2014 15:58:01 +0000

USPTO Announces Denver Satellite Office to Open June 30

The new USPTO permanent satellite office in Denver, Colorado, will officially open on June 30, 2014. Located in the Byron G. Rogers Federal Building in Denver’s central business district, Denver satellite office will also soon begin hiring patent trial judges and patent examiners—creating new, high-skilled jobs in the Rocky Mountain region.
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Published: Fri, 30 May 2014 15:48:36 +0000

Google Seeks Patent on Method for Brokering Know-How

A specialized type of content management system for brokering knowledge between experts and individuals who need various kinds of technical help is the focus of today’s featured patent application. Google is trying to protect a system for requesting know-how from an expert in return for virtual credits. Other patent applications have been filed to protect systems for better ranking of news stories...
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Published: Fri, 30 May 2014 15:29:00 GMT

BLOG: Microsoft's Gutierrez named as most influential driver of the global IP market

Horacio Gutierrez of Microsoft is placed number one in a ranking of the 40 most influential global IP market makers in issue 66 of IAM, which was published today. In charge of the Microsoft worldwide intellectual property group since 2006, Gutierrez tops a list of pioneering chief IP officers, deal-makers, financiers, investors and company CEOs whose collective expertise has helped create what is ...
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Published: Fri, 30 May 2014 13:59:00 +0000

Three coins in the fountain; three coffee shops in a block?

After a post-INTA, do-it-ourselves visit to China with Mrs Kat, this Kat is pleased to be back on domestic terra firma. Oddly, perhaps, this Kat’s most lasting trade mark memory of the INTA meeting in Hong Kong was not directly connected to the meeting itself, but rather to a recurring image of three coffee shops, one more or less next to the other, located on a main road in the Wan Chai neighbour...
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Published: Fri, 30 May 2014 10:36:48 +0000

Taking down websites hosting infringing content

Last week, popular torrent tracking website torrentz[dot]eu was in news after the UK Police Intellectual Property Crime Unit (PIPCU) got the domain name suspended.  Surely, to the disappointment of the right holders, the site was back online the next day.  The site#8217;s Polish registrar restored the domain name#8217;s server (#8220;DNS#8221;) entries after Torrentz#8217; legal team pointed out t...
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Published: Fri, 30 May 2014 05:52:00 +0000

Friday fantasies

Nagoya in the news again. "We need to talk about Nagoya", by fellow Kat Darren Smyth, has just been published in the Royal Society of Chemistry's Chemistry World ; you can read it here . If you are puzzled about the Nagoya Protocol, research, intellectual property, biodiversity and natural resources and are not a lawyer, this is a good place to start reading. As Darren explains: "It is the most hi...
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Published: Fri, 30 May 2014 05:12:57 +0000

Heritage Trademark: The Race Over Rice

Only talk doesn#8217;t cook the rice! Rice, a source of a number of culinary delights, especially in India, is now the fodder for a legal battle. A trademark dispute over the use of the mark ‘Heritage’ with respect to rice is unfurling before the Delhi High Court. The plaint was first rejected by a single judge but was recently restored. In 2011, LT Foods ltd filed a suit seeking permanent injunct...
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Published: 2014-05-29T23:59:00-05:00

USPTO Issues Final Rule to Implement PTA Provisions of AIA Technical Corrections Act and Provide Optional Procedure for Requesting PTA Recalculation

By Donald Zuhn -- On May 15, the U.S. Patent and Trademark Office published a Federal Register notice (79 Fed. Reg. 27755) to adopt as final changes to the rules of practice implementing the patent term adjustment (PTA) provisions of section 1(h) of the Leahy-Smith America Invents Act (AIA) Technical Corrections Act. The changes were originally set forth in an interim final rule issued by the Offi...
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Published: Thu, 29 May 2014 22:05:05 +0000

CC News: Why Creative Commons must succeed

Stay up to date with CC by subscribing to our newsletter and following us on Twitter. Ryan Merkley / Rannie Turingan / CC0 Why Creative Commons must succeed #8220;Why am I joining CC? Because its success is so vital, and I want to ensure we succeed. Creativity, knowledge, and innovation need a public commons#160;#8211; a [#8230;]
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Published: 2014-05-29T13:23:36-04:00

USPTO to Launch a Glossary Pilot Program That Will Support a Better Patent System

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee When President Obama last year announced a handful of executive actions to build a better patent system, one of those actions focused on improving clarity in patent claims. The president recognized that patents with clearly defined boundaries help others avoid costly and needless...
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Published: Thu, 29 May 2014 16:01:00 +0000

OHIM IP Mediation Conference 4: Mediation -- making the most of it

Thinking outside the box can lead to surprises ... Following a brief break, Isabelle Leroux (Partner, Dentons) took the baton of moderator from James Nurton. There then came a presentation by Richard A. Mac Bride (Mediator/Attorney, Executive Director of the UAIPIT Project at the University of Alicante), "Roles of lawyers and corporate representatives". Both lawyers and corporate representatives ...
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Published: Thu, 29 May 2014 14:30:00 +0000

OHIM IP Mediation Conference 3: mediation and its alternatives

First to speak after lunch, in a session moderated by Managing Intellectual Property Editor James Nurton, was vintage Katfriend and one-time Patents County Court judge Michael Fysh QC, on "Advantages of mediation over court proceedings". This paper was principally focused on costs. "What is perceived to be the value of the litigation?" Asked Michael. "How much is a case worth? In an IP case this i...
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Published: Thu, 29 May 2014 14:07:51 GMT

Apple applies for patent on 'presence sensors' in time for Beats buy

The technology is designed to determine whether a person's ear is in the vicinity of the earbuds or headphones to play audio.
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Published: 2014-05-29T06:00:00.000-07:00

Will "TM" Protect Mark?

Dear Rich: I was wondering if you could clarify the legal use of "TM."So if a word say "ABCSOMEBRAND" is a registered trademark since 10 years and is active, in use and not abandoned, is it okay for an unrelated third party to use a "ABCSOMEBRAND" TM, with a service that is similar to the registered mark? For example Party A registered a mark, and Party B starts using this same mark with TM and is...
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Published: Thu, 29 May 2014 12:00:40 +0000

Innovation Focus: Financial Sector Giants Like Patents Too

Rather than profile a single company we looked at patents and patent applications from the likes of Bank of America, American Express, Capital One and more. Our recent review of the sector continues to show us some astonishing inventions. Today’s featured patent application comes from Capital One and protects an attachment to mobile devices which establishes a network for handing digital transacti...
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Published: Thu, 29 May 2014 11:22:00 +0000

OHIM IP Mediation Conference 2: Institutional ADR and responses to it

The second session of today's OHIM IP Mediation Conference, moderated by this Kat, featured a stellar list of representatives of institutional IP mediation. Ignacio de Castro (Deputy Director, WIPO Arbitration and Mediation Center) opened the session, pointing out that more than half of the disputes before the Center go to mediation. 33% of WIPO mediations lead to arbitrations, which can be quite ...
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Published: Thu, 29 May 2014 10:28:01 +0000

Guest Post: Google, ARA and Open Source Licensing

Kartik Chawla brings us an extremely interesting post on the new #8216;free and open hardware platform#8217; for modular smart phones that Google is developing. In this post he focuses on MDK#8217;s IP licensing policies and their implications, and discusses Google#8217;s deviation from its initial Open source approach. Kartik is a 3rd year student at Nalsar. You can view his previous guest posts ...
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Published: Thu, 29 May 2014 08:24:00 +0000

OHIM IP Mediation Conference 1: the EU Mediation Directive

Note to readers: there won't be more than four posts on this topic today -- and there will be none tomorrow unless this Kat can persuade anyone to guest a piece for him. If IP dispute resolution is not for you, please bear with us! Today the IPKat is participating in the first conference on intellectual property mediation to be organised by the Office for Harmonisation in the Internal Market (OH...
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Published: Thu, 29 May 2014 05:48:54 +0000

Stupid law?: Sandwich edition

Originally posted 2012-07-09 13:55:32. Republished by Blog Post PromoterAnother installment, unplanned but utterly unsurprising, in the Stupid Lawsuit series #8212; see my most recent previous post.  Tim Bukher takes apart the widely-reported HEART ATTACK SANDWICH and TRIPLE BYPASS BURGER decision over at his blog.   Tim#8217;s bullet points: This is an interesting trademark dispute for [...]
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Published: Thu, 29 May 2014 05:48:53 +0000

Overreaching, Part XXVII — Major League Bozos, confirmed

Originally posted 2006-08-09 10:22:48. Republished by Blog Post PromoterSometimes we#8217;re not only right, but a judge agrees with us. The AP reports: Fantasy baseball leagues are allowed to use player names and statistics without licensing agreements because they are not the intellectual property of Major League Baseball, a federal judge ruled Tuesday. Baseball and its [...]
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Published: Thu, 29 May 2014 05:48:52 +0000

What a Mess

Originally posted 2007-05-30 21:46:35. Republished by Blog Post PromoterDennis Crouch surveys the latest developments on the patent doctrine of #8220;Inequitable Conduct Based on Failure to Submit.#8221;  If you#8217;re not a patent lawyer (by which I mean someone who writes and prosecutes patents), that combination of words may not move you, but believe me, this much-linked [...]
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Published: Thu, 29 May 2014 05:48:51 +0000

Trademark suit threats to shut down free speech? Shocking.

Originally posted 2007-02-03 22:22:15. Republished by Blog Post PromoterKansas City infoZine News reports (link added): The Electronic Frontier Foundation (EFF) warned the Chicago Auto Show to back off attempts to muzzle protestors [sic] who posted a parody of the show#8217;s website. The parody site, autoshowshutdown.org, is a clearinghouse for information about the #8220;Auto Show SHUTDOWN [...]
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Published: Thu, 29 May 2014 05:48:49 +0000

Where nobody knows your name

Originally posted 2010-05-07 17:49:58. Republished by Blog Post PromoterI subbed for a more important lawyer on a panel for the American Intellectual Property Association Spring Meeting in New York today.  This is an outfit I joined years ago until I realized that they#8217;re pretty much all patent lawyers.  Nothing personal, of course, but if I#8217;m [...]
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Published: Thu, 29 May 2014 05:48:48 +0000

Justice served cold

Originally posted 2010-06-08 15:23:50. Republished by Blog Post PromoterWhen I was in law school, my trademark law seminar instructor was a practicing lawyer who has his share of war stories, some involving actual weapons. He had accompanied federal customs officers on warehouse raids to identify and confiscate bootleg goods bearing marks that belonged to or [...]
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Published: Thu, 29 May 2014 05:48:47 +0000

If you can’t beat ‘em

Originally posted 2008-01-29 11:57:17. Republished by Blog Post PromoterName Wire: In what Agenda Inc. refers to as a #8220;highly ironic move,#8221; notorious brand naming counterfeit hotspot Silk Street Market in Beijing has applied for a trademark to its own SilkStreet clothing label and warned counterfeiters not to copy it. In what must be the most [...]
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Published: Thu, 29 May 2014 05:48:46 +0000

How to describe a Catch 22

Originally posted 2009-04-02 16:00:41. Republished by Blog Post PromoterMichael Hall considers the PTO#8217;s #8220;Heads I Win, Tails You Lose#8221; policy, by which it uses trademark registrations as evidence to refuse new applications on the basis of #8220;descriptiveness#8221;: [T]he Office routinely relies upon them in issuing merely-descriptive refusals, yet when an applicant introduces thir...
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Published: Thu, 29 May 2014 05:48:45 +0000

Some intel on INTEL®

Originally posted 2010-04-07 03:15:14. Republished by Blog Post PromoterBUMPED from January 1, 2010 and UPDATED due to decision (scroll to the bottom for the stunning conclusion): Had you heard about this one from Mike Masnick? Chip giant Intel has a bit of a reputation for being a trademark bully at times, threatening or suing many companies [...]
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Published: Thu, 29 May 2014 05:06:31 +0000

Madras HC: Prosthetics patent and design infringement case

The following post discusses a patent and design infringement case (M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI) rep. by its Managing Director, Apollo Hospitals) decided by the Madras High Court in January 2014. The court upheld the validity of the patent and design but also found no infringement by the defendants. [*long post] Facts The plaintiff along with Professor Mayilvahanan Natar...
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Published: 2014-05-28T23:59:00-05:00

News From Abroad: Australia Is a Favourable Jurisdiction for Innovator Pharmaceutical Companies Seeking Interlocutory Injunctions

By Andrew Mullane, Craig Humphris, Todd Shand -- Due to the complexity of Australian patent litigation, it can take more than 18 months for a patent dispute to be finally determined by a judge. This is more than enough time for an infringing competitor to irreversibly damage the patentee and its exclusive market. Interlocutory injunctions (also known as preliminary injunctions) are designed to pre...
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Published: Wed, 28 May 2014 22:47:00 +0000

Wednesday whimsies

New body for patent litigators. From Katfriend, scholar and eminent practitioner Micaela Modiano comes news of a new association -- EPLIT (the European Patent Litigators Association). According to Micaela, the goal of the association is to promote fair patent litigation in Europe. Good news for anyone who enjoys joining new societies is that all European patent attorneys who have an "appropriate q...
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Published: Wed, 28 May 2014 21:16:00 +0000

EU Council's opinion on the Trade Secret Directive -- minimal harmonisation, greatest results?

As the IPKat reported , on 28 November 2013, the EU Commission submitted to the Council and to the Parliament a Draft Directive on the protection of trade secrets (the ‘Commission Draft’). While the European Parliament has not started discussing it, yesterday the Council rendered its opinion on the draft directive (the ‘Council Draft’) [press release here ; opinion here ] . While the main aims o...
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Published: Wed, 28 May 2014 18:32:50 GMT

Copyright trolls suffer big loss

Commentary: Electronic Frontier Foundation's Parker Higgins explains why a federal appeals court in Washington DC decision has knocked out the underpinnings of the business model used by copyright trolls in their campaigns to shake down accused infringers.
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Published: Wed, 28 May 2014 17:47:10 GMT

Alan Moore sparks Electricomics create-your-own digital comics app

The latest creation from "Watchmen" legend Alan Moore is a digital comics "open source toolkit". Meanwhile, the app Comixology is giving away free funny books for your phone.
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Published: Wed, 28 May 2014 16:56:06 +0000

Disbanding the Federal Circuit is a Bad Idea

Given the anti-patent climate that has been created by major Silicon Valley technology companies, the Obama Administration and certain Members of Congress, the news that Judge Rader will step down as Chief Judge comes at a difficult time... While I do hope the Federal Circuit can find common ground, there is no doubt that making sense of Supreme Court precedent on patent law issues is virtually im...
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Published: Wed, 28 May 2014 16:27:39 GMT

Alan Moore sparks Electricomics create-your-own digital comics app

The latest creation from "Watchmen" legend Alan Moore is a digital comics "open source toolkit", while leading app Comixology gives away free funny books for your phone.
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Published: Wed, 28 May 2014 13:21:13 +0000

Tekla Corporation v. Survo Ghosh: An Attempt at Introducing the “Misuse of Copyright” Doctrine in Indian Jurisprudence

On 16th May, 2014, in the case Tekla Corporation v. Survo Ghosh,  Justice Endlaw of the Delhi High Court held that “copyright misuse” does not constitute a legitimate defense for copyright infringement in India. In this post, I analyse the decision in Tekla Corporation in light of how the doctrine of copyright misuse is evolving in the USA. The judgment does not delve into the facts in detail. Wha...
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Published: 2014-05-28T06:00:00.000-07:00

Who Owns Sound Recording Copyright in Cover Version?

photo: Barry Mulling Dear Rich: I have a follow up to my original question from December regarding a cover version of a Beck song. I just submitted my mechanical licensing paperwork to Kobalt (Beck's music publisher) for the Beck songs. Does a cover artist normally retain copyright to their recording/performance? The agreement says that Kobalt retains the copyright to all use of the song. Even th...
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Published: Wed, 28 May 2014 12:57:00 +0000

APO and DPMA agree on Patent Prosecution Highway pilot programme

After Merpel's news relating to "unrest" at the EPO yesterday (see here ), some much less controversial, indeed happy patent news. Happy patent-loving kittens The German Patent and Trade Mark Office (DPMA) and Austrian Patent Office (APO) have agreed on a Patent Prosecution Highway (PPH) pilot programme, the DPMA proudly reports on its website: from 1 June 2014 onwards this Austrian-German PPH...
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Published: Wed, 28 May 2014 12:00:13 +0000

The Patentability of Software: Myths, Facts and a Proposed Test

There are those who argue against the patentability of software as a whole – never mind finding a test as to what software (or computer-implemented) claims should be patentable. We disagree. Why? Well, the notion that software should not be patentable necessarily indicates that the software industry itself is not capable of innovation worthy of patent protection! Yet, in a country where patent rig...
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Published: Wed, 28 May 2014 11:24:34 GMT

How LG's G3 plans to break the iPhone-Galaxy S stranglehold

The G3's key brand dilemma: it's not an iPhone or Galaxy S. LG's US marketing chief tells CNET how that will change.
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Published: 2014-05-27T23:07:44-05:00

PTAB Grants First Motion for Leave to Amend in Inter Partes Review

By Kevin E. Noonan -- Representatives from the U.S. Patent and Trademark Office, led by Janet Gongola, Senior Advisor to the Deputy Director of the U.S. Patent and Trademark Office, spent the better part of last month traversing the U.S. presenting a Roundtable on the activities and preferred modes of practice before the Patent Trial and Appeal Board, the successor under the Leahy-Smith America In...
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Published: Wed, 28 May 2014 00:00:00 GMT

REPORT: Overlap of copyright and design law continues to prove tricky for litigants

It has long been common in India to assert copyrights in industrial drawings or blueprints to prevent the manufacture of three-dimensional models of such drawings or blueprints. Although such lawsuits have been successful in the past, Indian courts are increasingly disallowing relief if the work in question is capable of being registered as a design under the Designs Act 2000.
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Published: Wed, 28 May 2014 00:00:00 GMT

REPORT: Appeal board finds Swiss-type claims have different scope from EPC 2000 second medical use claims

A new decision of the European Patent Office Technical Board of Appeal indicates that Swiss-type claims provide a different scope of protection from EPC 2000 second medical use claims. Swiss-type claims are widely used in European patents directed to new medical indications of known compounds, so this decision could have important implications for the enforcement of many patents in national courts...
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Published: 2014-05-27T16:25:02-04:00

National Day of Civic Hacking 2014

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. Lee The second annual National Day of Civic Hacking will take place on May 31 - June 1, 2014, in communities around the world. This event brings together technologists, social activists, entrepreneurs and others to grow communities of innovation across the nation. As an agency that h...
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Published: Tue, 27 May 2014 17:42:43 GMT

150 reasons why bacon smells so good

Why oh why do those salty fried strips have such a hypnotic power over us? Scientists from the American Chemical Society are all over it.
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Published: Tue, 27 May 2014 16:37:06 GMT

How OLED lighting aims to be the star of the glow (Q&A)

As costs drop for the easy-on-the-eyes, next-gen tech, Acuity Brands pushes a new range of lighting products. This week, it'll announce the Nomi.
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Published: Tue, 27 May 2014 16:30:40 +0000

Xerox Invents: Ink, Copiers and Respiratory Function Estimator

Today we take our first in-depth look at the inventions which have lately sprung from the minds of researchers and developers working at Xerox. We start with an extensive look at one patent application filed by Xerox that would protect a method for less intrusive monitoring of a patient’s respiratory functions. This system uses 2D video in conjunction with a distortion pattern worn on the subject’...
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Published: 2014-05-27T17:04:00.001+01:00

Replacing the Barrister's Clerk

A new directory business called MyBarrister to help clients find barristers to give them direct access advise has sold shares on Crowdcube valuing the baby business at close to £4million. The trademark was registered by Ronald DeKoven the CEO back in 2012 as an ordinary as opposed to a collective mark and the investors are not getting equity in that asset. According to their press release: The fun...
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Published: Tue, 27 May 2014 15:42:14 +0000

Upcoming Webinar: Trade Secret and Non-Compete Legislative Update

O n Tuesday, June 17, 2014 at 12:00 p.m. Central, In Seyfarth’s fourth installment of our 2014 Trade Secrets Webinar Series, Seyfarth attorneys Kate Perrelli, Dawn Mertineit and Daniel Hart will discuss the significant statutory changes to several jurisdictions’ laws regarding trade secrets and restrictive covenants and pending legislation proposed in additional jurisdictions over the past year.  ...
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Published: Tue, 27 May 2014 14:56:53 GMT

Behold the new OLED lighting (pictures)

Acuity Brands has introduced four products for places like hotel lounges and meeting rooms. This week it'll debut the Nomi, an OLED light fixture for tighter budgets.
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Published: Tue, 27 May 2014 14:04:00 +0000

More news of EPO unrest reaches the IPKat

Alas, it was not to be Merpel was trying to spend her May bank holiday sunning herself on Mediterranean beaches, but she has been dragged back from her intended vacation by a flood of emails to the IPKat that have demanded her attention as International Kat of Mystery. Readers will already have seen the news from across the Atlantic . But, closer to home, there have been two fascinating developme...
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Published: 2014-05-27T06:00:00.000-07:00

Hospitals and Fair Use

Dear Rich: We are part of a team working on an article for nurses who work in professional staff development, trying to clarify when the doctrine of fair use would apply to our jobs. We have been referencing the 5th edition of your book, Getting Permission , and it stated that hospitals also are considered educational institutions under most educational fair use guidelines. This brought up some qu...
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Published: Tue, 27 May 2014 12:58:26 GMT

Apple granted patents on Game Center, iPhone Burst Mode, among others

The company was granted a total of 59 patents on Monday by the USPTO, adding to an already huge collection of patents.
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Published: Tue, 27 May 2014 06:16:01 -0500

Grinding Copyright Wars Grind on

As David Kravets reports for Ars , ISPs who are now part of the Cartel's enforcement arm have sent over 1.3 million infringment notices to customers in the last year. Is it working? Depends on what you think "working" looks like. If you're the RIAA you spin this as "cautiously optimistic". If you're capable of looking at a calendar you might flip back to the dark ages of 2001 and note that it's ...
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Published: Tue, 27 May 2014 10:33:00 +0000

A manifestly b***ocks fairy-tale falls apart in post-NewzBin piracy fall-out

Piracy doesn’t pay, or rather it does pay millions until the rights owners catch up with you and bring the full force of English law down upon you. Twentieth Century Fox Film Corporation v Harris [2014] EWHC 1568 is a judgment of Mr Justice Barling (the president of the Competition Appeal Tribunal, when he’s not hearing IP cases), the next chapter in the Newzbin piracy saga. Background – Newzbin a...
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Published: Tue, 27 May 2014 10:07:00 GMT

BLOG: There may be less to China’s overseas patent expansion than meets the eye

Xinhua reported last week on the rapid rise in foreign patent applications being filed by Chinese entities since the turn of the century. Citing a recent World IP Organization (WIPO) study, the news agency stated that the annual average growth rate in Chinese patent filings abroad reached 40% between 2000 and 2005 and has remained at 23% since 2005. Furthermore, over 80% of Chinese-owned, foreign-...
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Published: Tue, 27 May 2014 09:00:52 +0000

The Evolution of Patent Jurisprudence, from Giles Rich to Howard Markey to Randall Rader

Written by Don Dunner: ''Fifty-four years ago, a lawyer in the prime of his career was appointed by President Eisenhower to serve as a judge on the Court of Customs and Patent Appeals (CCPA). Within weeks if not days of that appointment, then Chief Judge of the CCPA, Noble Johnson, chose as his sixth and last law clerk a second year law student. Giles Sutherland Rich was the new judge; I was the n...
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Published: Tue, 27 May 2014 07:15:00 +0000

No compensation, no consolation -- or no thanks, Shanks

While she may be officially on sabbatical, Catherine Lee (alias Cat the Kat) has not taken her eye of the array of recent judicial attractions that have flowed like water into a host of eager in-boxes. One such attraction has ended up in a blogpost from her. It's Shanks v Unilever Plc amp; Others [2014] EWHC 1647 (Pat) , a Patents Court for England and Wales ruling of the indefatigable Mr Justice ...
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Published: 2014-05-26T23:59:00-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Otsuka Pharmaceutical Co. v. Aurobindo Pharma Ltd. et al. 1:14-cv-03306; filed May 23, 2014 in the District Court of New Jersey • Plaintiff: Otsuka Pharmaceutical Co. • Defendants: Aurobindo Pharma Ltd.; Aurobindo Pharma USA, Inc.; Aurolife Pharma LLC Infringement of U.S. Patent Nos...
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Published: 2014-05-26T23:55:00-05:00

Conference & CLE Calendar

May 28, 2014 - "Double Patenting After Gilead: Prosecution and Litigation" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET) June 4, 2014 - "Patent Due Diligence Post-AIA: Avoiding Dangers of Inadequate Investigation -- Evaluating Validity of Key Patents, Identifying Enforceability Issues, Addressing New Considerations Under the AIA" (Strafford) - 1:00 to 2:30 pm (EDT) June 4-6, 20...
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Published: Tue, 27 May 2014 04:13:08 GMT

Thumbs up: Samsung patents gesture control for wearable devices

Newly published patents from Samsung show the company is considering a smartwatch-style device that could interpret mid-air hand gestures and much more.
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Published: Tue, 27 May 2014 01:18:09 GMT

Uncanny X-Men get the artistic treatment

Together with a bunch of his artist friends, total legend Brandon Bird has created a gallery exhibition, based on an Uncanny X-Men colouring book
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Published: Tue, 27 May 2014 01:17:01 GMT

Brandon Bird's uncanny X-Mans

Together with a bunch of his artist friends, total legend Brandon Bird has created a gallery exhibition, based on an Uncanny X-Men colouring book.
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Published: Mon, 26 May 2014 20:08:00 +0000

Chief Judge Rader leaves his US Patent Chiefdom behind following ethical breaches

It surely can't be true! Merpel, who rarely raises much of a long eyebrow for IP celebrity gossip , was forced off her cashmere-clad bed to check that the news she heard on Friday was true. Surely Chief Judge Randall R Rader of the US Court of Appeals for the Federal Circuit (CAFC) hadn't really just resigned from his role as the head of the CAFC. But as each email and news alert was displayed ac...
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Published: Mon, 26 May 2014 19:57:00 +0000

Monday miscellany

Forthcoming events. Here's another reminder that the IPKat's Forthcoming Events page contains all sorts of attractive distractions from the grind of daily life: conferences, lectures, seminars, even the occasional webinar. Do check out the Forthcoming Events page, which you will find conveniently located at the other end of this hyperlink . You may find some delightfully stimulating and none-too-s...
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Published: Mon, 26 May 2014 06:28:10 -0500

Is it Time to Abolish the CAFC?

That's the question raised in a Gigaom piece this week from Jeff John Roberts . The proximate cause is that the Chief Justice of the CAFC is stepping down from the Chief spot and the Court has had to re-issue two opinions in which soon-to-be-ex Chief Judge Randall Rader was involved. Rader recused himself from those cases, but not before he had been involved in the decisions (oops!). To make mat...
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Published: Mon, 26 May 2014 05:04:34 +0100

In Defence of the Government Tracking Social Media Activity

For most of the past decade, many people concerned with digitalrights have used the Internet and social media to raise awareness in the hope that the government might pay closer attention to their views. The Canadian experience has provided more than its fair share of successstories from copyright reform to usage based billing to the Vic Toewslawful access bill. Yet in recent weeks, there ...
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Published: 2014-05-25T22:07:25-05:00

Program on Secondary Use Pharmaceutical Patents

Public Citizen and the American University Washington College of Law are sponsoring a program entitled "Secondary Use Pharmaceutical Patents: Litigation and Trade Policy Briefing" from 9:00 am to 1:30 pm (Eastern) on June 5, 2014 at the offices of Sterne, Kessler, Goldstein amp; Fox, 1100 New York Avenue, NW, Washington, DC. The program will consist of two panels: • Panel 1: Eli Lilly and the Cana...
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Published: 2014-05-25T22:05:22-05:00

IPO Webinar on Double Patenting after Gilead

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar on "Double Patenting After Gilead: Prosecution and Litigation" on May 28, 2014 beginning at 2:00 pm (ET). A panel consisting of Robert Armitage, Eli Lilly and Co. (retired); Annemarie Hassett of Goodwin Procter, LLP; and Jane Love of Wilmer Cutler Pickering Hale and Dorr, LLP will discuss the implications of Gilead fo...
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Published: 2014-05-25T22:04:27-05:00

Webinar on Drafting Patent Claims after In re Packard

Strafford will be offering a webinar/teleconference entitled "Drafting Patent Claims After In re Packard: Navigating the New PTO Regime for Evaluating Indefiniteness" on June 30, 2014 from 1:00 to 2:30 pm (EDT). Erika H. Arner of Finnegan Henderson Farabow Garrett amp; Dunner; John J. Cheek, Senior Corporate Counsel for Caterpillar; and Thomas L. Irving, Partner of Finnegan Henderson Farabow Garre...
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Published: Sun, 25 May 2014 14:50:00 +0000

Legal Designs on the Outline: a report

On Monday night, Katfriend Adrian Dykes attended a lecture at the Royal College of Art , London, given by another Katfriend, David Stone, partner at Simmons amp; Simmons and author of European Union Design Law: A Practitioners’ Guide (OUP, here ). This gave David the opportunity to give some air to his thesis: “less is more” when considering registered Community design rights. The lecture was atte...
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Published: Sun, 25 May 2014 14:43:00 GMT

BLOG: The truth about US patent reform is that it failed because proposed legislation was deeply flawed

In the wake of the decision by Patrick Leahy to pull wide-ranging patent reform from the Senate Judiciary Committeersquo;s agenda, there is a narrative emerging from sections of the pro-reform camp that it was all down to an unholy alliance of patent trolls, plaintiff lawyers and the pharmaceutical industry. Between them, so the story goes, they crushed a united front of technology companies to en...
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Published: Sun, 25 May 2014 03:33:56 +0000

Karim’s Mughlai Cuisine- A spicy trademark dispute

The case of MD IFTEKHAR v. M/s KARIM HOTELS Pvt Ltd. was an appeal to the Delhi High Court decided early this month.This case essentially deals with the issue of the ownership of  trademarks The privileged position that the Court accords to registration of trademarks is made apparent in this case, even when there are suggestions that the registration is invalid. It is also a testament to the legal...
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Published: Sun, 25 May 2014 00:16:55 GMT

Apple looking to ban sale of Samsung products

Early-May trial verdict found Samsung infringed three Apple mobile patents. Apple wants gadgets using the features banned.
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Published: Sat, 24 May 2014 12:00:03 +0000

Obtaining Exclusive Rights for Your Invention in the United States

Unlike copyright and trademark protection, patent protection will only exist upon the issuance of a patent, which requires you to file a patent application. Simply stated, if you do not obtain a patent you have no exclusive rights. This is why inventors should never disclose their invention outside of a confidential relationship... Furthermore, despite what you may have been told or read, keeping ...
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Published: Fri, 23 May 2014 18:59:33 GMT

2014 Maserati Ghibli S Q4 (pictures)

The Maserati Ghibli S Q4 trades a bit of the brand's supercar mystique for a broader appeal, but doesn't lose any of its style in the process.
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Published: Fri, 23 May 2014 18:53:00 +0000

No love lost? - the right to have "initmate" photographs deleted

An intriguing little personality rights (" privacy ") case has this week been decided by the High er Regional Court of Koblenz (Germany) in relation to "intimate" photos and videos that had been taken by the defendant (a photographer and ex-partner) of the claimant during a personal relationship ( case reference 3 U 1288/13 ). What had happened ? During happier days, t he defendant had taken...
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Published: Fri, 23 May 2014 18:07:00 +0000

Raging Bull Revisited – Copyright Infringement and the Laches Defense

This column addressed the Ninth Circuit’s decision in the case Petrella v. Metro-Goldwyn-Mayer, Inc., et al., approximately 18 months ago.  The Ninth Circuit held that the equitable defense of laches could be asserted to bar a claim for copyright infringement even if it was filed within the three-year statute of limitations.  As the column pointed... Continue Reading
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Published: Fri, 23 May 2014 17:50:00 GMT

BLOG: Without thorough due diligence PIPCO stocks are Las Vegas-style gamble, says investor

Last week we ran a story about an open letter that investor Barry Honig had written to the board of directors of the PIPCO, Internet Patents Corporation. In it Honig demanded that the board take action to either return cash to the companyrsquo;s shareholders or to start buying back the stock. Earlier this week, Honig talked to the IAM blog about why he contacted IPC and his general views on the pa...
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Published: Fri, 23 May 2014 17:42:49 +0000

CAFC Surprise: Rader Stepping Down as Chief Judge

Chief Judge Randall R. Rader today announced that he will step down as Chief Judge of the United States Court of Appeals for the Federal Circuit on May 30, 2014. This surprise announcement by Judge Rader, who turned 65 on April 29, 2014, means that Judge Sharon Prost will become the next Chief Judge of the Federal Circuit... This alone will draw a sharp contrast between Judge Prost and Judge Rader...
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Published: Fri, 23 May 2014 16:53:58 +0000

Apple not the Apple of TigerDirect’s Eye

Originally posted 2005-05-03 20:15:00. Republished by Blog Post PromoterColin Samuels of the Infamy or Praise blog writes about the odd trademark lawsuit by Internet computer discounter TigerDirect.com, which is where the Coleman Law Firm PC gets almost all of its computing and electronics equipment. Colin#8217;s treatment is terrific, but check out this excerpt from the [...]
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Published: Fri, 23 May 2014 14:22:00 +0000

Friday fantasies

Have you checked out the IPKat's Forthcoming Events page lately? There are some recent additions, several of which offer enticing prospects of registration fee discounts for readers of this weblog. In case you missed it, you can find it just here . IPT Ball. This Kat has alluded on occasion ( here and here ) to the Intellectual Property Trainees' Ball, which takes place on 19 July in the sumptuo...
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Published: 2014-05-23T14:54:00.000+01:00

A five-star debate

Author: Deborah R. C. Jackson (Allens) Cantarella Bros Pty Limited v Modena Trading Pty Ltd [2014] HCA Trans 53, High Court of Australia, 18 March 2014 Journal of Intellectual Property Law amp; Practice (2014), doi: 10.1093/jiplp/jpu089, first published online: May 22, 2014 For the first time ever, Australia's highest court will consider the inherent distinctiveness of foreign laudatory trade ma...
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Published: 2014-05-23T06:00:00.000-07:00

Can Content Owners Demand High License Fees?

Dear Rich: I am working as a researcher for an educational publishing company. We use different materials (text, photos and illustration) in our textbooks. And, as a researcher, I have to secure permission from the owners of those materials. Some copyright holders grant us permission, but for some it would take many months before they give their response. Sometimes, we would receive their messages...
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Published: Fri, 23 May 2014 12:00:55 +0000

Lawsuit Charges Infringement of Digital Cinema System Patents

RealD Inc. (NYSE: RLD) filed separate patent lawsuits in the United States District Court for the Central District of California against MasterImage 3D and Volfoni. The lawsuits allege that both the MasterImage 3D MI-Horizon3D products and the Volfoni SmartCrystal Diamond product infringes four patents owned by RealD. The lawsuits seek monetary damages as well as preliminary and permanent injuncti...
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Published: Fri, 23 May 2014 10:10:00 +0000

UPDATE: Birss J refuses permission to appeal in Genentech's Herceptin battle

The name "Hospira" is, according to their website , derived from the words hospital, spirit, inspire and the Latin word spero, meaning hope. A few weeks ago, fellow Kat Darren alerted readers to the fact-packed judgment of Mr Justice Birss in Hospira's revocation action of two of Genentech's follow-on patents protecting its blockbuster cancer drug, Herceptin. Readers will recall that the judge fo...
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Published: Fri, 23 May 2014 09:12:15 +0100

Canada Ratifies WIPO Internet Treaties

Canada has formally ratified the WIPO Copyright Treaty and the WIPO Performances and PhonogramsTreaty. The ratification was a key part of the copyright reform process, leading to contentious debate over the Canadian approach to providing legal protection for digitallocks. The treaties will enter into force on August 13, 2014.
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Published: 2014-05-22T23:59:00-05:00

USPTO Holds Forum on Subject Matter Eligibility -- Part IV

By Donald Zuhn -- On May 9, the U.S. Patent and Trademark Office held a four-hour long forum to receive public feedback on the Myriad-Mayo Guidance, which was issued by the Office on March 4. According to the Office's Guidance webpage, the forum was intended to provide an opportunity for stakeholders to present their interpretation of the impact of Supreme Court precedent on the complex legal and ...
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Published: Fri, 23 May 2014 02:35:05 +0000

In GE Wind Patent Fight Federal Circuit Affirms Wilkins Inventorship Story is Incredible

In previous posts (here, here, here, and here), I discussed a significant ancillary battle in the GE-Mitsubishi wind patent war.  In this entertaining sideshow, GE and a former employee, Thomas Wilkins, have been fighting over ownership of two of the patents involved in the larger litigation. The patent-at-issue in this case is U.S. Patent No. 6,921,985 (’985 Patent).  The ’985 Patent is [...]
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Published: 2014-05-22T23:29:00.000+01:00

CJEU on communication to the public and national systems of collective rights management

Author: Eleonora Rosati (e-LAWnora—Copyright Law amp; Policy Consultancy) Case C-351/12 Ochranný svaz autorský (OSA) pro práva k dílům hudebním o.s. v Léčebné lázně Mariánské Lázně a.s. (not yet published), 27 February 2014 Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu096, first published online: May 22, 2014 In this ruling the Court of Justice of the European U...
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Published: Thu, 22 May 2014 21:35:40 +0000

FTC Testifies on Legislation to Prohibit Deceptive Patent Demand Letters

The Federal Trade Commission testified on consumer protection issues involving patent demand letters, patent assertion entities (PAEs), and proposed legislation to prohibit deceptive patent demand letters. Delivering testimony before the House Subcommittee on Commerce, Manufacturing, and Trade of the Committee on Energy and Commerce, Lois Greisman, Associate Director of the FTC’s Division of Marke...
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Published: Thu, 22 May 2014 21:11:54 +0000

Patent Reform Dies in Senate Judiciary Committee

After many delays in the Senate, Senator Patrick Leahy (D-VT) announced on May 21, 2014, that patent reform is officially off the table for now and will not be considered in the Senate Judiciary Committee. Those in favor of patent reform who read Senator Leahy#8217;s statement, which lamented the lack of consensus within the industry, may [#8230;]
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Published: Thu, 22 May 2014 18:39:28 +0000

A Note on M/S. Jagdamba Impex v. M/S. Tristar Products Pvt. Ltd

Background The Delhi HC, in M/S. Jagdamba Impex (“Appellant” who is the original defendant) v. M/S. Tristar Products Pvt. Ltd (“Respondent” who is the original plaintiff) (FAO No. 128/2014 #38; CM Nos. 7778-79/2014 #38; FAO No. 129/2014 #38; CM Nos. 7782-83/2014), examined the applicability of Section 15(2) of Copyright Act, 1957. The first appeal was filed under Order 43 Rule 1(r) CPC impugning t...
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Published: Thu, 22 May 2014 16:09:03 +0000

Johnson & Johnson: Innovating Skin Care and Contact Lens

What we’re seeing today is a preponderance of research and development in the fields of skin and optical care. Our featured patent application today describes a system meant to enable consumers to better find skin care products and assess the probable results of use. This Internet-based recommendation system involves multiple filtering methods for helping the system more accurately provide product...
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Published: Thu, 22 May 2014 15:44:00 +0000

Dosage regime patent revoked in a Salesian judgment

That Kat can barely move for the number of interesting cases emerging from the Patents Court at the moment. The latest offering, out today, is the Salesian (geddit?) judgment in the case of Generics (UK) Ltd (t/a Mylan) v Richter Gedeon Vegyeszeti Gyar RT [2014] EWHC 1666 (Pat) (22 May 2014) . Merpel has decided to use the term Salesian to refer to judgments that are in either the literal or figur...
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Published: Thu, 22 May 2014 14:48:32 +0000

Best of 2011: What “beating Righthaven” means

Originally posted 2012-01-01 00:01:43. Republished by Blog Post PromoterFirst posted November 3, 2011. Instapundit links to Donald Douglas#8217;s blog post, Beating Righthaven.  Excerpt: Righthaven files #8220;no warning#8221; lawsuits. That is, it gives no advance notification to defendants, which violates the norm of providing #8220;take down notices#8221; to those suspected of copyright violati...
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Published: Thu, 22 May 2014 14:48:28 +0000

“The Endless Summer”: The king of bar review and copyright sense

Originally posted 2011-06-20 17:38:02. Republished by Blog Post PromoterNote:  This was first published in June of 2011, but if I#8217;m going to recycle anything once a year, it#8217;s this.  And this is the right time, in view of all the graduating around here. #8212; RDC In 1989, when I was still a contributing editor to [...]
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Published: Thu, 22 May 2014 14:25:57 GMT

Apple patent application adds key feature to bendable OLED displays

The feature could eventually find its way to future iPhones if Apple decides to bring bendable features to the devices.
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Published: Thu, 22 May 2014 13:01:00 +0000

BREAKING: AG Cruz Villalon says that certain parodies may be prohibited if against fundamental values of society

The original work ... Shortly preceded by the AdvoKat's Opinion , this morning Advocate General (AG) Cruz Villalon released his much-awaited Opinion [only available in a handful of EU languages, including this Kat's native Italian, but not English yet] in Case C-201/13 Deckmyn . As readers will remember, this reference for a preliminary ruling from the Brussels Court of Appeal concerns a number ...
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Published: 2014-05-22T06:00:00.000-07:00

Can I Use Poems in My Divorce Book?

Dear Rich: I have been writing book about my divorce experience. Over the last few years my family and friends have sent me inspirational quotes and poems (found on the internet) that have helped me through this difficult crisis. I would like to use/print some of the poems in the chapter entitled "Life, Self Esteem and Spiritual Affirmations" and want to give full credit to the author. I have the ...
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Published: Thu, 22 May 2014 12:52:00 GMT

BLOG: Patent reform delayed, not dead; pause could mean better legislation, says market

Efforts to introduce wide-ranging reforms to the US patent litigation system came to an end in Congress yesterday, but it is unlikely that this is the end of the story. The forces lined up in favour of change, including the vast majority of the tech community, are too well resourced and too committed to seeing reforms enacted for this to fizzle out now. In fact, when you consider that reform had b...
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Published: Thu, 22 May 2014 11:58:00 +0000

When structure is wrong, patents may fall?

This moggy noticed this morning this article in Chemical amp; Engineering News (the magazine of the American Chemical Society ) concerning an error that has been found in the structure of a compound known as TIC10 or ONC201. The compound, which is the subject of various patents including US 8673923 and the pending EP 2701708 (in the name of Penn State Research Foundation, but apparently licensed t...
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Published: 2014-05-21T21:13:07-05:00

Patent Reform Legislation Off The Table -- For Now

By Andrew Williams -- Earlier today, Senator Patrick Leahy (D-VT), Chairman of the Senate Committee on the Judiciary, announced that he was taking the Patent Transparency and Improvements Act of 2013 (S. 1720) off the Committee's agenda. He cited as the reason a lack of "sufficient support behind any comprehensive deal" to address the problem of so-called patent trolls who are misusing the patent ...
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Published: Thu, 22 May 2014 00:32:37 GMT

Patent reform bill targeting patent trolls shelved in Senate

Bill aimed at reducing patent litigation removed from agenda after lawmakers failed to reach agreement on key details.
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Published: 2014-05-22T09:03:00.000+10:00

Grace Period - Australia

This is the first in a series of posts concerning grace periods around the world. Australia is a good place to start. But first of all, let's consider what is meant by "grace period". This is not the convention period governed by the Paris Convention . I see that confusion often. Rather, it is a period of grace for a public disclosure made by the inventor(s) before filing the first patent applicat...
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Published: Wed, 21 May 2014 22:51:02 GMT

'Brandalism' rampage leaves subversive damage in its wake

Forty street artists wreak havoc on more than 365 ads in a matter of days. But why?
Read more
Published: Wed, 21 May 2014 21:31:36 +0000

Patent Reform Dead – Off the Senate Agenda

While Senator Leahy said that he hopes to be able to return to patent reform this year, the legislative calendar does not look good. Now removed from the Committee calendar patent reform seems to dead for this Congress. No vote will be taken on the Senate version of patent reform until the next draft is released and voted on by the Judiciary Committee, which doesn't seem likely to happen anytime s...
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Published: Wed, 21 May 2014 19:45:02 GMT

ZeniMax sues Oculus over virtual reality Rift tech

Following heated legal exchanges earlier this year, ZeniMax is taking the VR company and its 21-year-old founder to court for allegedly misappropriating trade secrets.
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Published: Wed, 21 May 2014 17:42:37 GMT

See Rube Goldberg gizmo zip a zipper the (really) hard way

You may never want to zip up your zipper like a commoner again, after seeing how this crazy invention built by students does it. Genius.
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Published: Wed, 21 May 2014 17:33:34 GMT

Print out breakfast with a pancake printer

Brunch for geeks is now even more impressive with this Open Source PancakeBot which makes elaborate pancake designs.
Read more
Published: Wed, 21 May 2014 16:20:38 GMT

Apple's best iWatch strategy: reinvent the iPod

iWatch? What about iPod? Apple's most forgotten big brand seems ripe for a makeover.
Read more
Published: Wed, 21 May 2014 15:37:31 +0000

IBM Inventors Join Hall of Fame for Pioneering Programmable Computing

As the Supreme Court contemplates the patent eligibility of computer systems, the National Inventors Hall of Fame will induct three IBM (NYSE: IBM) engineers for their invention of the Automatic Sequence Controlled Calculator (ASCC), which was developed more than 70 years ago to rapidly and accurately perform complex mathematical calculations. The ASCC was a precursor to today's cognitive computin...
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Published: Wed, 21 May 2014 15:24:10 +0000

Seeds of Change

I received a fat packet in mail, full of seeds with unusual names—Magma Mustard; Flashy Lightning Lettuce; Lemon Pastel Calendula; Cherry Vanilla Quinoa—and an even more unusual but evocative note stuck on the packets. This Open Source Seed pledge is intended to ensure your freedom to use the seed contained herein in any way you [#8230;]
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Published: Wed, 21 May 2014 13:57:51 +0000

Employee’s Competition With Former Employer Restricted Despite Absence Of Signed Non-Compete

The former employer failed to prove that the parties entered into an effective non-compete agreement, and also failed to prove that the ex-employee had disclosed or had threatened to disclose trade secrets.  But, an Ohio federal judge entered a preliminary injunction forbidding her, until further order, from contacting her former employer’s clients and certain of its prospects.  PharMerica Corp. v...
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Published: 2014-05-21T06:00:00.000-07:00

Depositing Copies With Library of Congress

Dear Rich: On the same day that I sent you a question regarding copyright law, (I self-published a novel in September 2013. Is it too late to register my book with the Library on Congress?) I sent the same question to the Library of Congress website. I never thought that they would get back to me, but they did and their answer is more confusing than ever. What does this mean? And does your origina...
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Published: Wed, 21 May 2014 05:29:55 +0000

Webinar On Patenting strategies for Start-ups in the IT and ITES domains

We#8217;re happy to announce a free webinar by IPMetrix on Patenting Strategies for Start-ups in the IT and ITES domains. Please see the details as below. LIVE WEBINAR ON PATENTING STRATEGIES FOR START-UPS in the IT AND ITES DOMAINS Date/Time: Tuesday, May 27, 2014; 11.30 AM to 12.30 PM IST (Approx. 1 hr) Event Details: Did you know that it is easier to obtain patent rights for your invention in t...
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Published: Wed, 21 May 2014 05:58:36 +0100

The Copyright Board of Canada Music Streaming Decision: The Good, the Bad, and Ugly

The Copyright Board of Canada issued its long-awaited music streaming decision late last week, setting royalties to be paid by Internet music streaming services such as Pandora fornon-interactive and semi-interactive streaming for the years 2009 to 2012. This covers passiveInternet radio services and services that allow users to influence whatthey listen to. Given that Pandora left the...
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Published: Wed, 21 May 2014 04:53:35 GMT

Apple dethroned by Google as world's most valuable brand

Apple's brand value fell by 20 percent, according to a survey by Millward Brown research company.
Read more
Published: 2014-05-20T22:56:00-05:00

Tobinick v. Olmarker (Fed. Cir. 2014)

By Kevin E. Noonan -- Interferences are not yet dead, although their echo is expected to attenuate over the next decade or so as a result of the provisions of the Leahy-Smith America Invents Act that converted the U.S. from a first-to-invent country to a first-inventor-to-file country. In Tobinick v. Olmarker, the Federal Circuit addressed one of the more arcane points of interference practice, re...
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Published: Wed, 21 May 2014 00:24:19 +0000

Procter & Gamble: An Innovator Who Needs Patents

We begin with an extended look at one patent application development to comply with strict guidelines in the field of disinfecting solutions for public health concerns. Procter #038; Gamble has developed a cleaning solution designed to meet tough standards in the field of sanitation developed by the European Union. Products for incontinence and tooth whitening, along with some aesthetic improvemen...
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Published: Wed, 21 May 2014 00:00:00 GMT

REPORT: EDS Ltd v Synergy Health plc: be clear about technical fields

A recent decision of the Intellectual Property Enterprise Court demonstrates the importance of parties being clear in their pleadings about the technical field of the skilled person when seeking to invalidate a patent for obviousness in the United Kingdom. It also highlights problems that can arise in selecting expert witnesses.
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Published: Wed, 21 May 2014 00:00:00 GMT

REPORT: Michelangelo’s David and Botticelli’s Venus – an attractive couple

The German Federal Patent Court has delivered a groundbreaking decision concerning the distinctiveness of a device mark. The applicant had applied for a device mark showing images of Michelangelo’s David and Botticelli’s Venus. Although the German Patent and Trademark Office had previously rejected the application for lack of distinctiveness, the court has now overturned that decision.
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Published: Tue, 20 May 2014 23:49:53 GMT

The 500L is a Fiat super-sized (pictures)

Fiat is a brand best known for its small cars, which is what makes the super-sized and spacious 2014 500L Trekking so strange.
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Published: 2014-05-20T20:58:00.000+01:00

CHE S'RA S'RA ...

Overtaken by events, this blogger has just rediscovered a media release dating back to 7 May from the Law Society for England and Wales which reads, in relevant part: Over-regulation is bad for the profession and the public The Law Society has welcomed today's announcement by the Solicitors Regulation Authority ( SRA ) that it is launching an initiative [details of which are available here ] to...
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Published: Tue, 20 May 2014 19:03:00 GMT

BLOG: Funder with more than $300 million launches new fee-shifting product

It has been less than a month since the US Supreme Court issued its decisions in two cases which lowered the bar over fee-shifting in patent cases, but one litigation funder has already launched a new product to underwrite the possible cost of losing a court case.Gerchen Keller Capital, which was established last year and has already pulled in more than $300 million over two rounds of fund raisi...
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Published: Tue, 20 May 2014 16:25:48 GMT

Samsung trademark could point to Google Glass rival

A trademark application lists a device called "Gear Blink" that could be Samsung's answer to Google Glass.
Read more
Published: Tue, 20 May 2014 15:26:28 +0000

CAFC Sends Dismissed Interference Back to Board

The United States Court of Appeals for the Federal Circuit recently decided a case arising out of an interference proceeding before the Patent Trial and Appeal Board (PTAB) relating to drug treatments for spinal nerve injuries. See Tobinick v. Olmarker (Fed. Cir., May 19, 2014). Kjell Olmarker and Bjorn Rydevik (collectively “Olmarker”) are the named [#8230;]
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Published: Tue, 20 May 2014 15:22:44 GMT

Apple and Samsung to kiss and make up? Not so fast

In the wake of a report that the two are trying to patch up their patent squabbles, both companies are still playing the blame game.
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Published: Tue, 20 May 2014 13:26:00 +0000

MAPPING: the debate continues

After lunch, MAPPING's programme for its Extraordinary General Assembly was reshuffled a bit in order to accommodate further questions and answers arising out of the morning session. Enforcement and monitoring of the terms of a possible convention, as well as discussion of which convention might be invoked, were among the topics raised. This blogger's impression is that the sentiment of the meetin...
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Published: 2014-05-20T06:00:00.000-07:00

Can Political Opponent Use Cake Throwing Photo?

Dear Rich: I have a question related to misuse of a photo from a personal profile on Facebook. I have a friend who is running for a public official seat. Someone took pictures of my friend in a party where someone throws a cake on his face. His opponent used this photo in a political ad in another context. Does my friend have a case of invasion of privacy, copyright infringement or defamation? It'...
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Published: Tue, 20 May 2014 11:05:00 +0000

More on MAPPING: taking a deeper peep or two at the internet

Joe Cannataci The second session of the MAPPING Assembly (on which see earlier Katpost here ) addressed mass surveillance on the internet and the balance between the interests of security and privacy, asking whether there was a need for an international treaty on the topic. Following a discussion during the coffee break, at which this Kat pressed for abrogation of the Chatham House Rule, it was d...
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Published: Tue, 20 May 2014 10:00:26 +0000

Today in Patent History: Blue Jeans Patented May 20, 1873

On May 20, 1873, an icon American fashion was born, or at least patented, when the United States Patent and Trademark Office issued U.S. Patent No. 139,121, titled Fastening Pocket-Openings. The ’121 patent, which was granted to Jacob W. Davis and jointly assigned to himself and to Levi Strauss #038; Company, ushered in the era of denim blue jeans. The ’121 patent specifically related to copper ri...
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Published: 2014-05-20T06:57:00.001+01:00

Bio-law articles now have two homes at OUP

JIPLP's new sister journal, the Journal of Law and the Biosciences (JLB), is the first fully open access peer-reviewed legal journal to focus on the advances at the intersection of law and the biosciences. A co-venture between Duke University, Harvard University Law School and Stanford University, this interdisciplinary online academic journal publishes cutting-edge scholarship in this important n...
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Published: Tue, 20 May 2014 05:31:00 +0000

Horizon 2020 and beyond: where digital technologies hit cultural heritage

Katfriend and occasional guest blogger Valentina Torelli -- she of the warring chocolate cows -- has been turning her attention to new horizons, indeed to the European Commission's Horizon 2020 programme and some other initiatives that have been vested with memorable acronyms. Haven't heard about Horizon 2020? You may not be the only one, it seems, since not many people are talking about it -- but...
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Published: Tue, 20 May 2014 05:29:57 +0100

European 'Right to be Forgotten' Ruling Fails to Strike Free Speech - Privacy Balance

The European Court of Justice shook up the privacy and Internet worldlast week by ruling that European data protection law includes a rightto be forgotten with respect to search engine results that are"inadequate, irrelevant or no longer relevant." As a result of thedecision, search companies such as Google will be required to removeresults from its index that meet this standard upon req...
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Published: 2014-05-19T22:58:12-05:00

U.S. Trade Representative Issues 2013 Special 301 Report

By Kevin E. Noonan -- On April 30th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR) issued the 2014 Special 301 Report. According to the USTR website, the "USTR is fully committed to unlocking opportunity for those Americans to share their inventions and creations with people all over the world without their work being infringed or misappropriated." Further, "[t]he Obama Administ...
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Published: 2014-05-20T02:32:02Z

US Publicly Accuses China of Trade Secret Theft

Members of China’s People’s Liberation Army hacked into the systems of Westinghouse Electric, Alcoa and other corporations, U.S. officials allege. U.S. officials also linked the loss of jobs with China's aggressive practice. "All around the country there has been a...
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Published: Tue, 20 May 2014 01:53:40 GMT

Basic SLR set up tips for beginners

Just got your hands on a brand new digital SLR? Here are some tips to help set up your camera for first-timers.
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Published: Mon, 19 May 2014 20:34:12 +0000

Grapefruit Juice and Gunpowder:  Practicing Under The New USPTO Guidance

Last chance to register for a free webinar is available on the new US Patent #38; Trademark Office Guidelines. When:                 This Wednesday, May 21st from 1pm #8211; 2pm EDT. Presented by:   Dr. Anthony Sabatelli, Partner at Dilworth IP.  On March 4th the US Patent and Trademark Office issued guidelines [#8230;]Related posts: USPTO Sends Interim Guidance Memo To Examiners Regarding Bi...
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Published: Mon, 19 May 2014 19:18:23 GMT

The weird, wonderful world of tinkerers: Maker Faire 2014 (pictures)

Every year, lifehackers everywhere gather together in the San Francisco Bay Area and New York to peddle their own special brand of DIY genius.
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Published: Mon, 19 May 2014 18:07:00 GMT

BLOG: AppSung settlement talks resume as Apple looks for a face saving end to the war it started

Just days after Google and Apple signed off on their ceasefire agreement, reports in Korea suggest something much more significant may be back on the cards. According to a news story in todayrsquo;s Korea Times, Apple and Samsung are around the table again discussing a possible settlement of their long-running, global patent dispute. ldquo;Samsung has recently resumed working-level discussions wit...
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Published: Mon, 19 May 2014 17:57:17 +0000

Robert Milligan Explaining the Defend Trade Secrets Act of 2014

As we discussed  on the blog not too long ago, a significant new bill was recently introduced in Congress seeking to add a federal civil cause of action for trade secret theft.  In a bipartisan effort, Senators Christopher Coons (D-Del) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the bill in late April 2014. On May #8230; Continue Reading
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Published: Mon, 19 May 2014 17:40:00 +0000

Breaking news: SCOTUS casts shadow on Led Zep defence to Taurus claim

Katfriend and occasional guest blogger Lucas Michels (Ironmark Law Group PLLC) has again furnished readers of this weblog with some fascinating and highly topical food for thought -- this time with regard to what some music critics would appear to have established as a copyright infringement long ahead of any judicial ruling on the subject (eg Guitar World Magazine , April 1997, which writes: "(Ra...
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Published: Mon, 19 May 2014 17:36:35 GMT

Verizon rebrands AWS spectrum as XLTE

XLTE will essentially offer faster peak data speeds and make more bandwidth available during heavy traffic times.
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Published: Mon, 19 May 2014 17:00:21 GMT

Apple, Samsung reportedly want to settle all patent disputes

In the wake of peace between Apple and Motorola, Apple and Samsung want to reach a truce, Korea Times says.
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Published: Mon, 19 May 2014 16:59:05 GMT

Verizon rebrands AWS spectrum as XLTE, nods cap to Sprint Spark

XLTE will essentially offer faster peak data speeds and make more bandwidth available during heavy traffic times.
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Published: Mon, 19 May 2014 16:35:03 GMT

Apple, Samsung reportedly trying to settle all patent disputes

In the wake of peace between Apple and Motorola, Apple and Samsung are trying to bring an end to their current patent skirmishes, says the Korea Times.
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Published: Mon, 19 May 2014 16:00:00 +0000

O Deckmyn, what's in a parody? Waiting for Advocate General's Opinion this week

Busy checking the sizes of their 'I ♥️ CJEU' T-shirts At last! Following a few copyright-free weeks at the Court of Justice of the European Union (CJEU), some relief is finally coming to an EU copyright enthusiast near you on Thursday, when Advocate General (AG) Cruz Villalon issues his Opinion in Case C-201/13 Deckmyn , and the CJEU hears Case C-419/13 Artamp;Allposters . The latter [ here and...
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Published: Mon, 19 May 2014 15:32:00 +0000

To Oblivion, and Beyond! Google and the Right to be Forgotten

This one contains a few thoughts on the Court of Justice of the European Union’s (CJEU’s) Google Spain decision, examined from a copyright perspective by Eleonora last week. The case is about data protection, not IP, but it is of such importance to the way the Internet works that (in this Kat’s view at least) every IP practitioner needs to be aware of it. In essence, the decision says that Google ...
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Published: Mon, 19 May 2014 15:17:39 GMT

Samsung Galaxy S5 hops on Boost, Virgin Mobile for $600

The quad-core smartphone with its 16-megapixel camera and heart-rate sensor joins Sprint's prepaid brands.
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Published: 2014-05-19T15:11:00.000+01:00

Now that INTA is over ...

Last week's International Trademark Association Meeting in Hong Kong provided an excellent opportunity for members of the JIPLP editorial, production and sales team to meet contributors, subscribers and readers, and to hear what they had to say about the journal. We were encouraged to hear that JIPLP's structure and content are both still finding favour, and that the format of the Current Intellig...
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Published: Mon, 19 May 2014 13:04:35 GMT

Apple's original logo boards up for auction

Bidding at the June 4 auction will start at $10,000 for the two logo boards, which once hung at Apple HQ.
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Published: Mon, 19 May 2014 12:25:40 GMT

Apple's original logo boards, once hanging at HQ, up for auction

The starting bid will hit $10,000 when the auction goes live on June 4. Two logo boards will be available.
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Published: Mon, 19 May 2014 12:00:05 +0000

The Evolution of the Clean Room: A Patent History

On Wednesday, May 21, 2014, the National Inventors Hall of Fame will induct its latest class of inventors into its ranks. One of these inventors is Willis Whitfield, creator of the system we today know as the clean room... the early days of air filtration systems and clean room technology to learn about how this invention develop. Early patents in the field of air filtration show us that an incred...
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Published: 2014-05-19T08:51:00.000+01:00

Two gaps instead of one: the CJEU's effect on Supplementary Protection Certificate jurisprudence

This is the Guest Editorial for the June 2014 issue of JIPLP, written by editorial board member Darren Smyth (EIP, London). Two gaps instead of one: the CJEU's effect on Supplementary Protection Certificate jurisprudence Richard Dawkins reports an observation of interactions with proponents of creationism, who point to gaps in the fossil record as showing that evolution by natural selection is no...
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Published: 2014-05-18T23:20:22-05:00

In re Packard (Fed. Cir. 2014)

By Kevin E. Noonan -- Oft times it appears that, serendipitously or by design, the Federal Circuit issues an opinion on an aspect of patent law that the Supreme Court is also considering. And sometimes the shadow of the Court's impending decision, like an unobserved new planet or dark star bends the appellate court's decisions in ways consistent with the likely view of the law expected to issue fr...
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Published: Mon, 19 May 2014 04:04:00 +0000

Canada's proposed trade mark "no use" provisions: are they no use?

When an intellectual property personality whose hallmark is a quiet, reasoned effectiveness in debate chooses to raise his voice, it's time to listen. The quiet, reasonable and effective person is Dan Bereskin, Canada's sole inductee to the IP Hall of Fame and a man to whose every word we pay close attention. It is Dan's voice that has been raised, last week at the International Trademark Associat...
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Published: 2014-05-18T22:42:52-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alza Corp. et al. v. Mylan Pharmaceuticals Inc. et al. 1:14-cv-00085; filed May 15, 2014 in the Northern District of West Virginia • Plaintiffs: Alza Corp.; Janssen Pharmaceuticals, Inc. • Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc. Alza Corp. et al. v. Mylan Pharmaceuticals ...
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Published: 2014-05-18T22:33:52-05:00

Conference & CLE Calendar

May 22, 2014 - "Patent Infringement: Structuring Opinions of Counsel: Leveraging Opinion Letters to Reduce the Risks of Liability and Enhanced Damages" (Strafford) - 1:00 to 2:30 pm (EDT) May 22, 2014 - "Amending Claims: Assessing the Options Right Now at the USPTO" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET) June 4, 2014 - "Patent Due Diligence Post-AIA: Avoiding Dangers of ...
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Published: Sun, 18 May 2014 10:39:48 -0500

TB on "Attack of the (Game) Clones"

TotalBiscuit, one of my favorite game commenters, put out a video this week on the issues of intellectual property and games . It's a complex subject and can't really be covered in a 15-minute YouTube segment, but I think TB's views are similar to my own and the vid is worth watching. He notes that IP in games can involve multiple regimes: patent, copyright, and trade dress , which covers elemen...
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Published: Sun, 18 May 2014 15:00:07 GMT

New Cricket customers can kiss Muve Music goodbye

As ATamp;T folds Aio and Cricket into one and relaunches its prepaid brand, the signature Muve Music service as we know it will be no more.
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Published: Sun, 18 May 2014 12:00:15 +0000

The Evolution of the Modern Athletic Shoe: A Patent History

Among this year’s inductees into the National Inventors Hall of Fame is William Bowerman, the creator of the modern athletic shoe. Bowerman’s portfolio of patents include some of the foundational innovations that made Nike, the company that he helped to establish, such a force in the sporting equipment industry... We take a long view at the development of casual sneakers for use in athletic and re...
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Published: Sun, 18 May 2014 12:00:06 GMT

AT&T relaunches Cricket prepaid, kills off Aio brand

The telecom giant re-introduces the new Cricket service with some competitive offers.
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Published: Sat, 17 May 2014 19:24:00 GMT

BLOG: Intellectual Ventures on the side of the angels with new product launch

Intellectual Ventures is in the unusual position of basking in what can only be described as a hugely positive press. So often derided as the worldrsquo;s biggest patent troll or worse, IV finds itself glowingly referred to as the company ldquo;that helps inventors commercialize their ideasrdquo; and ldquo;the big Bellevue investment firmrdquo; with nary a critical word to find anywhere. The reaso...
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Published: Sat, 17 May 2014 12:00:13 +0000

Patent Drafting: Not as Easy as You Think

If you are considering moving forward on your own the first question you should ask is whether you should even be pursuing an invention. The cost of filing for and obtaining a patent is typically quite minor in comparison to the amount of money required to create, market and distribute the invention. So if you can only muster several hundred dollars and need to file your own application because th...
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Published: 2014-05-16T23:59:00-05:00

NAPP Annual Meeting

The National Association of Patent Practitioners (NAPP) will be holding its 2014 Annual Meeting amp; Conference on July 20-22, 2014 in Alexandria, Virginia. A "Nuts amp; Bolts" short-course will be offered on July 20. Topics to be covered during the short course include: • Do-It-Yourself Patent Searching • Patent Application Preparation • Responding to an Office Action • Arguing Against Combining ...
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Published: 2014-05-16T23:55:00-05:00

IPO Webinar on Amending Claims in IPR Proceedings

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar on "Amending Claims: Assessing the Options Right Now at the USPTO" on May 22, 2014 beginning at 2:00 pm (ET). A panel consisting of Scott McKeown of Oblon Spivak McClelland Maier amp; Neustadt, PC; Lissi Mojica of Dentons US LLP; and Karl Renner of Fish amp; Richardson, PC will examine all the options for amending cla...
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Published: 2014-05-16T23:50:00-05:00

Webinar on Defeating Double Patenting Rejections

Strafford will be offering a webinar/teleconference entitled "Double Patenting: Defeating Double Patenting Rejections and Avoiding Terminal Disclaimer" on June 19, 2014 from 1:00 to 2:30 pm (EDT). Thomas L. Irving of Finnegan Henderson Farabow Garrett amp; Dunner; Donna M. Meuth, Associate General Counsel - Intellectual Property for Eisai; and Margaret J. Sampson of Vinson amp; Elkins will provide...
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Published: 2014-05-16T23:45:00-05:00

Pharma Patent Extensions Conference

C5 (UK) will be holding its 13th International Forum on Pharma Patent Extensions on June 25-26, 2014 in London, England. The conference will provide optimal strategies to help attendees maximize their patent portfolios, including: • The radical SPC decisions in Georgetown University, Actavis and Eli Lilly; • Capitalise on second medical use patents by implementing proven strategies and utilising t...
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Published: Sat, 17 May 2014 00:40:46 GMT

Truce time: Apple, Google's Motorola dismiss patent suits against each other

The two handset vendors agreed to settle existing lawsuits but don't cross-license each other's technology.
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Published: Fri, 16 May 2014 23:36:59 GMT

Truce time: Apple, Motorola dismiss patent suits against each other

The two handset vendors agreed to settle existing lawsuits but don't cross license each other's technology.
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Published: Fri, 16 May 2014 22:30:09 +0000

Attention game designers: Public Domain Jam!

If you#8217;re a videogame designer and you have nothing to do over the next week (or if making cool games is more fun than your day job), why not spend the week developing a public domain game? The idea of The Public Domain Jam is to encourage developers to create games based on public domain [#8230;]
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Published: Fri, 16 May 2014 17:27:57 GMT

Stephen Colbert on Amazon's crazy photo patent: A fecal mistake

After Amazon is granted a patent for photographs taken on a white background, Colbert decides to one-up the company.
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Published: Fri, 16 May 2014 15:58:00 +0000

Another one bites the dust - Rovi v Virgin

As several posters of comments over the last couple of days have noticed, there has been a bit of a flood of patent-related news and a corresponding spike of blogposts. So this moggy is enormously grateful to his EIP colleague Matthew Jones , for preparing a report of this case, which came out at the same time as the Actavis v Lilly decision. Over to Matt: Another day, another defeat for Rovi in t...
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Published: 2014-05-16T16:35:00.001+01:00

June JIPLP now online: check it out!

The June 2014 issue of the Journal of Intellectual Property Law amp; Practice (JIPLP) is now available in full online. You can read the contents list below or check it out on the JIPLP website here . As usual, articles and other content are available to non-subscribers on a pay-as-you-read short term access basis. The print edition will be dispatched in a couple of weeks. Darren Smyth's Editorial ...
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Published: Fri, 16 May 2014 15:01:00 +0000

Does the Google data protection ruling mean anything copyright-wise?

Earlier this week the Grand Chamber [this means 13 judges instead of the ordinary 3 or 5 judges] of the Court of Justice of the European Union (CJEU) delivered its shocking [yes, shocking] judgment in Case C-131/12 Google Spain and Google [press release available here ] in which, contrary to the Opinion of Advocate General Jaaskinen [mentioned here ] , it ruled that: " [T]he activity of a sear...
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Published: Fri, 16 May 2014 14:45:00 +0000

BPI, MPA and ISPs go VCAP against P2P while DEA is still MIA

While this Kat was busy in Hong Kong hosting an INTA Table Topic discussion on battling online infringement, news emerged of progress in talks between UK ISPs and rights owners on the development of a voluntary “four strikes” (but no “out”) anti-piracy regime. There’s not much of definitive substance to report yet, but here’s a heads up from my colleague Will Corbett and me. As noted in the 1709 ...
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Published: Fri, 16 May 2014 14:22:00 +0000

Friday fantasies

Apologies for the delay in getting back to our round-ups, but all Kats have been working furiously away in the past week in an attempt to keep up with events as best they can; it's just that sometimes there's more going on than even an entire army of Kats can cope with. Four of us have been attending the International Trademark Association Meeting in Hong Kong (on which see many of this week's ear...
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Published: Fri, 16 May 2014 14:18:04 +0000

Seyfarth Attorneys Lead Discussion of Proposed EU Trade Secrets Directive at ITech Law World Technology Conference

This week, at the ITech Law World Technology Conference in New York, Seyfarth attorney Dan Hart briefed members of the International Technology Law Association’s Intellectual Property Committee about the European Commission’s proposed Directive on trade secret protection.  As we have written , the new Directive, if enacted, will substantially alter the legal landscape in Europe regarding trade sec...
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Published: Fri, 16 May 2014 14:00:31 +0000

RB Pharma Gains Rights to Oral Treatment for Alcoholism

The license agreement grants Reckitt Benckiser Pharmaceuticals Inc., a wholly owned subsidiary of Reckitt Benckiser Group plc, rights for the development and commercialization of XenoPort's promising oral treatment for alcohol use disorders, a condition affecting more than 140 million people worldwide. Under the terms of the agreement, Reckitt will receive exclusive rights to develop and commercia...
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Published: Fri, 16 May 2014 13:27:57 GMT

Samsung rebrands Heathrow Airport terminal to tout Galaxy S5

A two-week ad campaign will change the name seen in the signage at the London airport's Terminal 5 to push the S5 to travelers.
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Published: Fri, 16 May 2014 13:10:53 GMT

Samsung rebrands Heathrow Airport terminal to tout Galaxy S5

A two-week ad campaign will change the name seen in the signage at an airport terminal to push the S5 to travelers.
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Published: 2014-05-16T06:00:00.000-07:00

Can They Make Me Give Up Domain Name?

Dear Rich: I have an LLC (and domain name) and they have been in continual operation/use since 2011. The name of the LLC and domain name are the same. I never applied for a trademark. Recently a company sent me a letter saying they were just issued a trademark for the name; they would pay me $300 and if I refused they would force me to give up the domain name. It looks like they filed for a tradem...
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Published: Fri, 16 May 2014 12:00:23 +0000

Broadcom: A Fabless Manufacturer Focused on Innovation

This system is able to monitor various pieces of data to inform system decisions on whether on-board entertainment, safety or navigational systems should be operated in a low-power state. Another patent we discuss features similar methods of determining whether a device should stop running certain applications... Digital security is a major focus among technology developers, and our coverage of Br...
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Published: 2014-05-16T10:00:00.000+01:00

Reflections on #INTA14

The UK Embassy in Hong Kong, @ITMA invitees saw inside Sally Cooper has safely returned back to the UK so it's time for her to draft a thank you note Dear INTA Thank you for taking the Annual Meeting to Asia for the first time in the history of INTA and, particularly, for holding the Meeting in Hong Kong. [ The central location of the Convention Centre, the ready availability of free wifi and the ...
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Published: 2014-05-15T23:59:00-05:00

USPTO Holds Forum on Subject Matter Eligibility -- Part III

By Donald Zuhn -- Last Friday, the U.S. Patent and Trademark Office held a four-hour long forum to receive public feedback on the Myriad-Mayo Guidance, which was issued by the Office on March 4. According to the Office's Guidance webpage, the forum was intended to provide an opportunity for stakeholders to present their interpretation of the impact of Supreme Court precedent on the complex legal a...
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Published: Fri, 16 May 2014 05:15:07 +0100

Has Canada Caved on Copyright Term Extension in the TPP?

The Trans Pacific Partnership negotiations resume next week and while an agreement does not appear imminent, reports from Japan indicate thatthe copyright term issue may have been resolved. Japan and Canada aretwo of several TPP countries whose term of copyright protection is lifeof the author plus 50 years. According to the Japan News , those countries (which also include New Zealand, Mal...
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Published: Thu, 15 May 2014 21:38:23 +0000

IBM to Develop New Cloud Prioritization Environment for Brazil Ministry of Science

Although the IBM news release did not contain any specific reference to a patent or patent family that represents this innovation, IBM acknowledges that the company holds 1,560 cloud patents. A quick patent search for patents that may relate to the described innovation uncovered U.S. Patent No. 8,429,659 ("the '659 patent"), which is titled Scheduling jobs within a cloud computing environment. The...
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Published: Thu, 15 May 2014 19:02:37 +0000

CEPGI 2013 Year in Review Shows Small Annual Rise But Record High for Green Patents

The Clean Energy Patent Growth Index (CEPGI) recently released its 2013 Year in Review.  Researched and published by the Heslin Rothenberg law firm, CEPGI is a quarterly report on clean energy patents granted in the United States. CEPGI has been tracking green patent trends by technology sector, assignee, and geography since 2002. Most years have seen new record [...]
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Published: Thu, 15 May 2014 18:33:00 +0000

Actavis v Lilly - An Arnoldian Treasure Chest

This moggy has been kept busy over the last 24 hours with matters of partiality at the EPO , Swiss form claims , and Bolar exemption in UK and under unitary patent , and then, no sooner was he thinking of emerging from the deluge, fellow Kat Annsley kindly drew his attention to the eagerly awaited substantive decision in the case of Actavis v Lilly (as we shall call it for short - you may wish to ...
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Published: Thu, 15 May 2014 17:21:00 GMT

BLOG: WiLAN confirms acquisition approaches and puts up to 2,000 patents on sale

If you want an insight into the changed dynamics in the patent market, particularly as they apply to listed companies, then take a listen to the WiLAN investor call from yesterday. Preaching the new mantra that less is more ndash; which means fewer patents and less litigation - CEO Jim Skippen revealed that the company had received a number of expressions of interest over an outright sale and that...
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Published: Thu, 15 May 2014 15:22:34 +0000

GIIP PG Diploma Course in IPR and Patent Management

The wide variety of career opportunities in IP goes far beyond being a lawyer or corporate IP counsel. IP professionals include patent agents, technical specialists, licensing executives, consultants, and IP experts in business, science, education and international development environments. Global Institute of Intellectual Property (GIIP) was founded with the goal of graduating well-educated engin...
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Published: Thu, 15 May 2014 15:22:00 GMT

BLOG: RPX parks its tanks on PatentFreedom's lawn

Earlier this week defensive patent aggregator RPX announced a new service:The first search engine to provide public access to the most complete database that connects patent, litigation, and entity data in one resource. With this free search engine, any company can quickly and accurately search RPX's proprietary database for patents related to litigations, look up co-defendants in a patent litig...
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Published: Thu, 15 May 2014 13:28:45 GMT

Apple aims to prevent misdirected text messages

Patent application suggests surfacing an image of the person you're texting to ensure your text doesn't end up in the wrong hands.
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Published: 2014-05-15T06:00:00.000-07:00

Can I "Own" Yoga Method?

Dear Rich: I just read your answer about Bikram Yoga (yes, the one dating back in 2011, I'm a slow reader :) and I have a related question. I understand that Bikram Yoga cannot restrict competing brands from using heat in their studios. But what is the principle behind this ruling? (I am talking about the environment in which people practice yoga, not the actual postures). If I, for example, come ...
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Published: Thu, 15 May 2014 12:18:19 GMT

Google Glass adds Foursquare and Tripit to help travelers

Along with OpenTable, the apps aim to help people plan their trips, check in at specific locations, and land a table at a right restaurant.
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Published: Thu, 15 May 2014 12:00:57 +0000

Jay Walker’s No-Fault Patent Licensing System Takes Shape

This No-Fault licensing system will price its license products based on the likelihood that a company is using a patented technology rather than on a legal standard of absolute certainty... In order to accomplish the ultimate goal, the Patent Utility will select statistically relevant patents for No-Fault licensing by using sophisticated software. The software compares the terms and concepts in mi...
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Published: Thu, 15 May 2014 10:22:57 +0000

Webinar Recap! Employee Social Networking: Protecting Your Trade Secrets In Social Media

By Scott Schaefers ,  Justin Beyer  and Joshua Salinas We are pleased to let you know that the webinar “Employee Social Networking: Protecting Your Trade Secrets in Social Media” is now available as a podcast and webinar recording . In Seyfarth’s second installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys addressed the relationship between trade secrets and social #8230; Co...
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Published: Thu, 15 May 2014 07:54:00 +0000

Suspicion of Partiality in Enlarged Board of Appeal found justified

This moggy noticed a little while ago an extraordinary interlocutory decision from the Enlarged Board of Appeal of the European Patent Office in case R 19/12 (an application for review of a decision of a Board of Appeal). It is unfortunately in German (and seemingly will stay in German only, since it is not marked for publication in the Official Journal of the EPO), and so he is immensely grateful...
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Published: 2014-05-14T23:59:00-05:00

USPTO Holds Forum on Subject Matter Eligibility -- Part II

By Donald Zuhn -- Last Friday, the U.S. Patent and Trademark Office held a four-hour long forum to receive public feedback on the Myriad-Mayo Guidance, which was issued by the Office on March 4. According to the Office's Guidance webpage, the forum was intended to provide an opportunity for stakeholders to present their interpretation of the impact of Supreme Court precedent on the complex legal a...
Read more
Published: Thu, 15 May 2014 01:54:00 +0000

Swiss-type claims and double patenting: of opportunities and anomalies

A recently published European Patent Office Board of Appeal decision caught this Kat's eye, since it deals with Swiss-style patent claims. One of the first things that ever puzzled him was Swiss-style claims and their place in an otherwise well-run world. Anyway, this decision subsequently caught the attention of Katfriend and occasional blog contributor Suleman Ali (Holly IP), who kindly prepared...
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Published: Wed, 14 May 2014 14:00:26 -0800

Federal Circuit Affirms Refusal to Register the Mark "Stop The Islamisation of America" on Disparagement Grounds

In February 2010, Pamela Geller and Robert B. Spencer sought to register the mark STOP THE ISLAMISATION (apparently sometimes spelled ISLAMIZATION) OF AMERICA in connection with quot;[p]roviding information regarding understanding and preventing terrorism.quot; The PTO examining attorney refused registration on the ground that the mark may be disparaging to American Muslims under Section 2(a) of...
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Published: Wed, 14 May 2014 20:47:39 +0000

Why I joined Creative Commons

Ryan Merkley / Rannie Turingan / CC0 I#8217;m honored to be chosen as CEO of Creative Commons. CC is a giant of the open web, and it#8217;s an organization that I have always believed in and truly admire. I appreciate the confidence shown by the board, and support I have already received from staff and [#8230;]
Read more
Published: Wed, 14 May 2014 20:45:40 +0000

Trademark Talk, next Tuesday in New Yawk

New York, New York #8212; the city so nice they had to name it twice! Always got a kick out of that.  New York is many things, but #8220;nice#8221; is about the least applicable imaginable adjective.  And even granting the point:  How, exactly, does niceness require, or merit, or otherwise connect with redundant nomenclature? I mention [...]
Read more
Published: Wed, 14 May 2014 19:53:22 +0000

A message from Larry: A new CEO and a challenge to the CC community

Lawrence Lessig at ETech 2008 / Ed Schipul / CC BY-SA I am thrilled to welcome Ryan Merkley as the incoming CEO of Creative Commons. This is an important moment in the history of the organization. After eleven years, CC licenses are globally recognized as the definitive tool for sharing creative works. Millions across the [#8230;]
Read more
Published: Wed, 14 May 2014 18:58:52 +0000

Welcoming Creative Commons’ new CEO, Ryan Merkley

Ryan Merkley / Rannie Turingan / CC0 After an extensive search, the Creative Commons board of directors is pleased to announce that Ryan Merkley will be our new CEO. He#8217;ll start work on June 1, and we#8217;re all looking forward to working with him. Ryan joins us after a career working to advance social causes [#8230;]
Read more
Published: Wed, 14 May 2014 18:57:33 +0000

Creative Commons Names Ryan Merkley as Chief Executive Officer

Ryan Merkley / Rannie Turingan / CC0 Download the press release (67 KB PDF) Mountain View, CA May 14, 2014: The board of directors of Creative Commons is pleased to announce the appointment of Ryan Merkley to the position of chief executive officer. Ryan is an accomplished strategist, campaigner, and communicator in the nonprofit, technology, [#8230;]
Read more
Published: Wed, 14 May 2014 16:43:29 +0000

Ninth Circuit Confessions

Originally posted 2005-07-31 21:00:01. Republished by Blog Post PromoterBill Patry expresses the wonder of it all: #8220;I confess to being baffled by the Ninth Circuit#8217;s repeated inability to read the Copyright Act#8221;! In particular he doesn#8217;t get how it is that the Out-There Circuit seems to be the only one that #8220;doesn#8217;t get#8221; an explicit [...]
Read more
Published: Wed, 14 May 2014 16:43:27 +0000

Talking the talk

Originally posted 2011-08-07 23:59:36. Republished by Blog Post PromoterThe Android talk, that is.  Tech News World asked me a couple of days ago about whether it wasn#8217;t pretty unusual to see parties to litigation #8212; in this case, the Android patent litigation #8212; going so public with their positions.  Here#8217;s what I said: [T]here was some [...]
Read more
Published: Wed, 14 May 2014 16:43:24 +0000

Trademarks, free speech and politics

Glenn Reynolds: TRADEMARK LAW SEEMS INCREASINGLY POLITICIZED. Eugene Volokh comments: “My tentative view is that the general exclusion of marks that disparage persons, institutions, beliefs, or national symbols should be seen as unconstitutional.” Perhaps.  But the STOP THE ISLAMIZATION OF AMERICA case was not the one to test that proposition, for a couple of reasons.  As I [...]
Read more
Published: Wed, 14 May 2014 14:47:00 +0000

An elegant way to have different defences to patent infringement under the UPC? UK IPO may have found one...

The IPKat is grateful to Bernie McDonald of GJE , who pointed the Kat to this subject matter and has posted an excellent commentary here , and also to Tim Belcher , new colleague at EIP, for writing assistance with this piece. As previously noted by this Kat, to ratify the UPC Agreement , member states will have to amend their national law to define infringement in a manner consistent with the tre...
Read more
Published: Wed, 14 May 2014 13:48:06 GMT

Why the death of Microsoft's Xbox One vision means we all lose

Commentary: By unbundling Kinect from Xbox One, Microsoft strips away the console's last differentiating element. The industry and gamers will suffer for it.
Read more
Published: Wed, 14 May 2014 13:45:08 +0000

Not Easy Being Green: Trade Secret Holders May Be Singing the Blues Over Green Chemistry

It isn’t easy to change the mindset of a capitalistic society. Although the science of ecology dates back more than 150 years and has its roots in ancient Greece, society as a whole has only become more environmentally aware in the last 40 some years. It remains a struggle to make people aware that, really, we are not the only #8230; Continue Reading
Read more
Published: 2014-05-14T06:00:00.000-07:00

Is It Too Late To Register Copyright?

Dear Rich: I self-published a novel in September 2013. Is it too late to register my book with the Library on Congress? No, you (or your estate) can register any time that the work is protected (your life plus 70 years). If you register before an infringement occurs you can elect statutory damages and may be entitled to attorney fees. Also, you get a neat certificate . Although registration has it...
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Published: Wed, 14 May 2014 12:00:30 +0000

2013 Patent Litigation Year in Review

Trials were held in 128 patent cases in 2013, including 52 bench trials and 63 jury trials. Thirteen cases involved both bench and jury trials. Over half of all trials were held in the District of Delaware (25), the Eastern District of Texas (25) or the Southern District of New York (17). Cases went to trial fastest in the Eastern District of Pennsylvania; its 255-day median time to trial was appr...
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Published: Wed, 14 May 2014 06:45:26 -0500

Could Fandom "Fix" Copyright?

The PBS Idea Channel's May 7 episode looks at The Future of Fandoms . One cannot talk about fandom without running into fan fiction and the entire cadre of (usually not officially sanctioned) derivative works produced by fans. One of the possible futures posed in the episode is whether the growth, robustness, and increasing popularity of fandom will provide a more robust bulwark for fair use. It...
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Published: Wed, 14 May 2014 07:45:01 +0000

Overlapping Intellectual Property Rights

The inimitable IPKat has been very kind to SpicyIP in a recent post, where they noted: #8220;#8230;this Kat notes with pleasure that one of INTA#8217;s media sponsors this year is Spicy IP, a blog which has not merely placed India firmly on the map so far as IP blogging is concerned, but has provided an invaluable source of information, ideas and critical comment at an impressively high level.  It...
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Published: Wed, 14 May 2014 06:48:00 +0000

Kats at INTA 7: Trade Marks at the Breakfast Table

A continental breakfast -- but which continent ...? On this, the final morning of INTA 2014, this Kat let himself in for a completely new experience -- moderating a two-hour Breakfast Table Topic for an expected audience of ten trade mark experts. Table Topics have been around for a while now, and they have certainly grown in popularity. They are also something of a cash cow for INTA, if this Kat...
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Published: 2014-05-13T23:59:00-05:00

Guest Post: How to Patent Grapefruit Juice -- The New USPTO Guidance for Patent Eligible Subject Matter Is Both Sticky and Sour

By Anthony D. Sabatelli* -- What does grapefruit juice, or more specifically pomelo juice, have to do with all this? I will get to that connection in just a bit. For those of you not in the know, a pomelo is a large, grapefruit-like citrus fruit with a mild, sweet flavor, but without the characteristic bitterness of a grapefruit. Now, on to the bitterness of the present situation. On March 4th, th...
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Published: Wed, 14 May 2014 04:29:13 +0100

Why the Canadian Government Should Maintain Its Position on CETA and the ISDS Provision

Media reports last week indicated that finalizing the Canada - European Union Trade Agreement has been delayed by a Canadian demand to exclude intellectual property from the scope of the investor-state disputesettlement system. While that sounds like an arcane, technical issue, it actually involves potentially billions of dollars and the Canadian government deserves kudos for adopting it...
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Published: Wed, 14 May 2014 04:21:10 +0100

Copyright Board Indicates It Will Not Include Mandatory Delete Rule in Tariff

The Copyright Board of Canada has issued an order in the tariff proceedings with Access Copyright that indicates its preliminary view is that it will not support the collective's demand for a provision that would require deletion of digital copies made under a copying tariff where an institution stops relying on the tariff. Access Copyright wants the following included: [w]here the Li...
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Published: 2014-05-14T08:57:00.000+10:00

Particulars for Patent Opposition

Case: Fonterra Co-Operative Group Limited v Leprino Foods Company [2014] APO 24 . In this matter, the delegate of the Commissioner of patents dismissed multiple grounds of opposition. He did so, requiring further and better particulars for the ground of novelty raised with regards to the allegations of prior use. Of interest here are the principles that were set down by the delegate, citing vari...
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Published: Tue, 13 May 2014 21:50:15 +0000

Why Actavis Is Not Limited to Cash: Professors Brief in Lamictal

First, the Actavis decision is not limited to cash. The case itself involved not cash payments, but brand overpayments for generic services. In addition, the Supreme Court’s assertions on payments encompassed value from a generic’s reprieve from competition during its 180-day exclusivity period, as this period “can prove valuable, possibly ‘worth several hundred million dollars.’” Antitrust law ma...
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Published: Tue, 13 May 2014 21:46:00 GMT

BLOG: PIPCO feels the heat from investor

An independent investor who has invested in both Marathon Patent Group and Spherix, has written to the Chairman and CEO of Internet Patents Corporation, demanding that the company either hand its cash back to shareholders or enter into a share buy-back program.In the letter, Barry Honig points out that Internet Patents is the only publicly traded patent licensing company listed on the Nasdaq tha...
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Published: Tue, 13 May 2014 21:03:52 GMT

Fight zombies in a Black Ops Huntsman Hoodie

Whether fighting mutants or other baddies, this hoodie from Betabrand will keep you warm, comfortable, and ready for action.
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Published: Tue, 13 May 2014 18:19:32 +0000

FTC Seeks OMB Permission for Patent Assertion Entity Study

FTC says that it considered and implemented many of these suggestions it did receive in order to sharpen the focus of the study and reduce its likely burden on study respondents. Frankly, I see little evidence that the burden on the responding PAEs has been reduced to anything that approximates a reasonable level. The information that the FTC will seek from 25 different PAEs is extraordinarily det...
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Published: Tue, 13 May 2014 18:03:26 +0000

SpicyIP Weekly Review (5th-11th May, 2014)

The SpicyIP Story of the Week is our interview with Manojna Yelluri, founder of IP start-up Artistik License,   a unique platform that seeks to help artists and creators with their needs and queries in navigating the world of Intellectual Property. The week began with Gopika’s post on 6th May being International Day against DRM. This was followed by my post on Sonu Nigam successfully getting an in...
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Published: 2014-05-13T14:02:06-04:00

We Are Traveling Around the Country to Hear from You on Digital Copyright Issues

Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter In our Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy , the Department of Commerce’s Internet Policy Task Force promised to reach out to the public for input on a number of critical digital copyright issues. In the next few months, the USPTO, along with the National Teleco...
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Published: Tue, 13 May 2014 17:39:16 +0000

What the Media Doesn’t Know about Patents

Can we all agree that the rule of thumb for reading about patents on the Internet should be: if it sounds ridiculous, it is probably not true? Indeed, reading about patents in the popular press, or in most blogs, is practically useless. They get the truth so wrong, but still speak with such conviction that they can [#8230;]
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Published: Tue, 13 May 2014 16:44:00 GMT

BLOG: Patent reform should be a question of what not when

If you read the letter that the Main Street Patent Coalition sent yesterday to the two senior senators on the Senate Judiciary Committee, itrsquo;s clear that they want patent reform to happen sooner rather than later. Despite their interest, the latest delay to the proposed bill (mark-up by the Judiciary Committee was put off again last Thursday) would appear to suggest that the window to get som...
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Published: Tue, 13 May 2014 16:23:00 +0000

Italian courts and torpedo actions in a recent Genoa decision

BREAKING: may not be the only Thorpedo This Kat is so familiar with patent law and related procedural issues that for a very long time, when hearing of torpedos , the only possible connection coming to her mind was that with legendary Australian swimmer Ian Thorpe , aka as the Thorpedo. When she found out that there was no need to think as far as Australia and that torpedos - like many other thi...
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Published: Tue, 13 May 2014 16:06:21 +0000

Amazon: We’re white behind you!

Yesterday I tweeted a link from IP Watchdog to a post called #8220;The Story of How Patents Promote Innovation.#8221;  Now, Gene Quinn loves patents, but he#8217;s never been in denial about just how stupid the PTO can be in its patent decisions.  It#8217;s a good thing, too, in light of how he would otherwise have [...]
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Published: Tue, 13 May 2014 16:02:00 +0000

Kats at INTA 6: some odds and ends

Soaking in the local couture ... The funniest thing this Kat has heard over the past few days of rain and deep humidity in Hong Kong was an unintentional comment made by a lady to someone who was manning a booth in the INTA Exhibit Centre. When asked if she enjoyed travel, she responded : "I love travelling to foreign parts and soaking in the local culture". *************************** Here's a t...
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Published: Tue, 13 May 2014 14:31:00 +0000

Kats at INTA 5: Meet the Bloggers 2014

For some, the venue was a long, long walk ... "Meet the Bloggers" is more than a mere imperative: it's the name of one of the features of INTA week. "Meet the Blogger", or "MTB" as it is often affectionately abbreviated, is is not part of the official INTA programme. This means various things: (i) anyone can attend, even if they are not registered for INTA (not a bad idea,given that IP blogs cove...
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Published: 2014-05-13T06:00:00.000-07:00

Can You Refile a PPA?

Dear Rich: I would like to refile a provisional patent application (PPA). I originally filed a PPA for my invention in 2011 but never filed a regular patent application. May I now refile a new PPA for the same invention given that the first PPA has expired? Yes, you can file a second provisional patent application that's the same as a previously filed PPA. As you're probably aware, you have lost y...
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Published: Tue, 13 May 2014 12:49:07 GMT

Sidewall displays the next frontier in Apple iPhone design?

A recently granted patent application describes a method by which Apple would place OLED or other flexible displays around the sides of a mobile device.
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Published: Tue, 13 May 2014 12:32:03 +0000

Big Changes May Be Ahead for the Nation’s Trade Secret Laws

By Robert Milligan and Joshua Salinas A significant new bill  was recently introduced in Congress seeking to add a federal civil cause of action for trade secret theft.  On Tuesday, April 29, 2014, in a bipartisan effort, Senators Christopher Coons (D-Del) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the bill. Senators Coons and Hatch’s bill, #8230; Co...
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Published: Tue, 13 May 2014 12:00:17 +0000

Acanya® Patent Litigation Settled, ANDA Approval Awaited

Actavis plc (NYSE: ACT) announced yesterday that it has entered into an agreement with Valeant Pharmaceuticals International (NYSE: VRX) to settle all outstanding patent litigation related to Actavis' generic version of Acanya®... Actavis believes it was the first applicant to file an ANDA for the generic version of Acanya® Gel and, should its ANDA be approved, should be entitled to 180 days of ge...
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Published: 2014-05-13T15:13:00.001+10:00

Game not Patentable in the United States

I came across the interesting case of Gametek LLC v Zynga, Inc (25 April 2014) recently. This matter was heard in the US District Court, San Francisco Division. Gametek sued Zynga and some other defendants for the infringement of US Patent 7,076,445 . The relevant claim reads as follows: 1. A method of managing the operation of a game which includes a game environment, and is programmed to control...
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Published: 2014-05-12T23:59:00-05:00

USPTO Holds Forum on Subject Matter Eligibility -- Part I

By Donald Zuhn -- Last Friday, the U.S. Patent and Trademark Office held a four-hour long forum to receive public feedback on the Myriad-Mayo Guidance, which was issued by the Office on March 4. According to the Office's Guidance webpage, the forum was intended to provide an opportunity for stakeholders to present their interpretation of the impact of Supreme Court precedent on the complex legal a...
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Published: Tue, 13 May 2014 02:10:00 GMT

BLOG: At the INTA meeting in Hong Kong an IP legend announces his plans to sever all links with IP

The IAM team is currently in Hong Kong for the annual meeting of the International Trademark Association. Itrsquo;s a huge event with well over 8,000 attendees. Following is an overview of what I picked up yesterday while walking around the exhibition hall and attending some of the sessions hellip;Jeremy Philips ndash; There have not been many more influential figures in IP law and practice over...
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Published: Mon, 12 May 2014 22:57:00 +0000

Kats at INTA 4: the Scholarship Symposium

Can any reader think of a more appropriate title for this year's INTA Meeting? So far as this Kat is concerned, if the rest of the INTA Meeting faded away into distant memories of dark and forbidding skies, business cards fluttering in the breeze, humid handshakes now happily dried and canapés long digested, the one bit that would endure is the annual Scholarship Symposium. When this event starte...
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Published: Mon, 12 May 2014 21:06:39 GMT

The 404 1,483: Where we doge the draft (podcast)

Amazon gets awarded a ridiculous patent, a video shows what happens when an untreated paranoid schizophrenic gets a smartphone, a health tracker that might help you quit smoking, the US Navy's new eReader, and more.
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Published: Mon, 12 May 2014 20:55:57 GMT

The 404 1,483: Where we doge the draft

Amazon gets awarded a ridiculous patent, a video shows what happens when an untreated paranoid schizophrenic gets a smartphone, a health tracker that might help you quit smoking, the US Navy's new eReader, and more.
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Published: Mon, 12 May 2014 20:03:45 +0000

CAFC: Robot Patents Not Infringed, but Valid

In Intouch Technologies, Inc. v. VGo Communications, Inc., the patent dispute was about robots. InTouch and VGo both manufacture remote telepresence robot systems. In 2012, InTouch filed a First Amended Complaint in the Central District of California alleging that VGo’s remote telepresence robot system infringed several of its patents, including U.S. Patent Nos. 6,346,962 (“the ’962 [#8230;]
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Published: Mon, 12 May 2014 16:59:00 +0000

Kats at INTA 3: A touch of the ceremonials

Today, as grey and humid as yesterday, was the day of the official opening of this year's International Trademark Association (INTA) Meeting -- an opening that curiously takes place almost halfway through the Meeting. While this Kat doesn't blame registrants for not turning out in their thousands for the opening ceremonies, he wishes they would do so if only (i) out of respect for all those people...
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Published: Mon, 12 May 2014 16:13:25 +0000

The Story of How Patents Promote Innovation

Those who claim that patents harm innovation and stifle innovation see a patent at an insurmountable hurdle, or perhaps a brick wall. There is no way around the obstacle. The only option is to infringe or simply not offer the product or service, but to them that is not an option because if they can't sell the product that they want to sell then that has to mean that innovation is being harmed. I h...
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Published: Mon, 12 May 2014 15:04:38 +0000

STAYED TUNED FOR THE COURT’S DECISION IN ABC v. AEREO

On April 22, 2014 the United States Supreme Court heard oral arguments in the case of American Broadcasting Company (“ABC”) v. Aereo.  Although this case has been overshadowed by other matters on the Court’s docket and has received very little media attention, the Court’s decision will potentially have an impact on copyright law that... Continue Reading
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Published: 2014-05-12T06:00:00.000-07:00

Cut-Out Animations, MOOCs, and Copyright

Dear Rich: I am a university professor, preparing some Massive Online Open Courses(MOOC). In my courses, I intend to explore different ways of telling a story, to try to engage as many students as possible with the material. Unfortunately I can't draw, so I have to come up with other cheap and easy solutions. For instance, I want to use cutout animation (Monty Python style) or shots of toy figurin...
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Published: Mon, 12 May 2014 10:03:00 +0000

Full text of leaked IA on review of EU copyright now available: but is it current?

A few days ago this blog reported [ here , here and also here ] that website Statewatch had made available some parts of the draft Impact Assessment (IA) of the Commission on the modernisation of the EU copyright acquis. Yesterday, the same website published the full text of the IA. Last week this Kat's sources warned her that the leaked IA published by Statewatch is just an early version, an...
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Published: Mon, 12 May 2014 07:22:22 GMT

Leica T brings sleek design to the mirrorless market (hands on)

Could this be your first Leica? The coveted camera brand delivers style and substance in collaboration with Audi Design.
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Published: 2014-05-11T23:35:19-05:00

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Kowa Co. et al. v. Orient Pharma Co. 1:14-cv-03336; filed May 7, 2014 in the Northern District of Illinois • Plaintiffs: Kowa Co.; Kowa Pharmaceuticals America, Inc.; Nissan Chemical Industries, Ltd. • Defendant: Orient Pharma Co. Infringement of U.S. Patent Nos. 5,856,336 ("Quinoli...
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Published: 2014-05-11T23:11:56-05:00

Conference & CLE Calendar

May 13-15, 2014 - Fundamentals of Patent Prosecution 2014: A Boot Camp for Claim Drafting amp; Amendment Writing (Practising Law Institute) - Chicago, IL May 14-15, 2014 - EU Pharmaceutical Law Forum*** (Informa Life Sciences) - Brussels, Belgium May 15, 2014 - "Patent Subject Matter Eligibility: Navigating the New 'Myriad' Guidelines -- Analyzing Subject Matter and Avoiding Rejection Under the US...
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Published: 2014-05-11T23:05:49-05:00

IPO Webinar on Patent Litigation Strategy after Octane and Highmark

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar on "Attorney Fees: Patent Litigation Strategy after Octane and Highmark" on May 15, 2014 beginning at 2:00 pm (ET). A panel consisting of Tom Brown of EMC Corp.; Richard Megley of Niro, Haller amp; Niro, Ltd.; and Steven Moore of Kilpatrick Townsend amp; Stockton LLP will discuss: • What will district courts establish...
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Published: Mon, 12 May 2014 01:04:25 GMT

Uber drivers hit with fines for ridesharing

Australian State Government authorities have cracked down on Uber's ridesharing service, issuing "infringement notices" to drivers offering lifts to passengers in Melbourne.
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Published: 2014-05-11T23:43:38Z

Defend Trade Secrets Act

WASHINGTON, D.C. – U.S. Senators Orrin Hatch, current member and former Chairman of the Senate Judiciary Committee, and Chris Coons, a member of the Senate Judiciary Committee, introduced legislation to help combat the loss of an estimated $160 billion to...
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Published: Sun, 11 May 2014 17:46:22 +0000

Hitachi: A Variety of Diverse Innovation, Medical to Construction

Medical technologies are a major focus for many of the Companies We Follow, and our featured application today discuss one novel Hitachi innovation designed to improve patient care. This innovation provides a tile-based interface for providing biological information and medical advice to either patients or doctors, respectively. Improvements to heavy industry vehicle designs as well as an intrigui...
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Published: Sun, 11 May 2014 15:50:18 GMT

Photographers howl at Amazon patent of decades-old idea

A patent that covers a technique for taking photos with no-fuss white backgrounds is decades old, raising a new round of criticisms about the merits of the US patent system.
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Published: Sun, 11 May 2014 14:36:00 +0000

Kats at INTA 2: Monday delights are in the offing

There are easier ways to track down an IP blogger ... Meet the Bloggers! If you happen to be in Hong Kong this Monday, 12 May, why not saunter down to the Royal Hong Kong Yacht Club where you can meet, speak to and even touch a selection of live intellectual property bloggers from many points around the planet. The event takes place from 8 pm to 10 pm and, if previous editions of this meeting are...
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Published: Sun, 11 May 2014 12:42:00 +0000

Kats at INTA 1: Sunday raining cats and dogs

Home to thousands for the next few days Following a few preliminary events on Saturday , it was Sunday that witnessed the first big day of activity at this year's International Trademark Association (INTA) Meeting in Hong Kong (click here for programme). The Hong Kong Convention and Exhibition Centre (right) is the venue: this vast modern cavernous building seems to consist largely of open spaces...
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Published: 2014-05-10T22:58:39Z

Trade Secret or Free Information?

The company that got the multimillion-dollar contract to run the call centers for the health care exchange Access Health CT -- called Maximus -- is refusing to release invoices and contracts to show exactly how much they are paid by...
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Published: 2014-05-10T22:41:49Z

Pizza Business Secrets

Little Caesars and its southern franchise operator, Bravo Food Service LLC, have accused ex-manager Steven Ward and his prospective restaurant Ready To Go Pizza Inc. of stealing trade secrets related to the production and sale of inexpensive pizza. According to...
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Published: Sat, 10 May 2014 20:12:52 GMT

Mozilla reassurance: Firefox new-tab page won't be plastered with logos

The nonprofit organization clarifies its plans for how it'll test sponsored content on the pages that show when users open up new browser tabs.
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Published: Sat, 10 May 2014 19:39:12 +0000

Completely Describe Your Invention in a Patent Application

Simply said, a patent application is only as good as what is included within the application, and general or vague descriptions do nothing more than guarantee that no patent will ever issue. Beyond that, how can you realistically do a patent search on a first level, vague articulation of an invention? At present there have been more than 8.7 million U.S. utility patents granted and over 700,000 de...
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Published: Sat, 10 May 2014 17:25:17 GMT

Why does Apple want Beats? No one really seems to know

Apple’s rumored $3.2 billion takeover of the trendy music brand has left many scratching their heads.
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Published: Sat, 10 May 2014 15:50:07 GMT

Why does Apple want Beats? No one seems to really know

Apple’s rumored $3.2 billion takeover of the trendy music brand has left many scratching their heads.
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Published: Sat, 10 May 2014 13:51:00 +0000

There is (copyright) life on the planet of the APIs

Oh really? Copyright in APIs? By the time this Kat had already swapped her usual Katfur for her Katkini and her laptop for a more friendly copy of Vogue Italia and was thus ready to sunbathe in her native land, Katfriend Tom Ohta (Bristows) broke the news that yesterday the US Court of Appeals for the Federal Circuit issued its much awaited decision in Oracle v Google , a case concerning copyrigh...
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Published: 2014-05-09T22:29:45-05:00

ABA Webinar on Patent Dispute Resolution at the ITC and PTAB

The American Bar Association (ABA) Center for Professional Development, Section of Intellectual Property Law, and Young Lawyers Division will be offering a live webinar on "Patent Dispute Resolution at the ITC and PTAB: Alternatives to District Court Litigation" on June 10, 2014 from 1:00 to 2:30 pm (ET). Joshua Kresh will moderate a panel consisting of Sreekar Gadde of Thomas William Davison and ...
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Published: Fri, 09 May 2014 21:29:15 GMT

Court sides with Oracle over Android in Java patent appeal

Oracle wins big in protracted legal fight over use of Java APIs in Android, as appeals court rejects pro-Google ruling.
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Published: Fri, 09 May 2014 21:17:00 GMT

BLOG: Rockstar and Microsoft move to keep deal details under wraps in Nortel litigation

Given the high stakes around the patent infringement litigation that it has filed against the likes of Samsung, Google and HTC, itrsquo;s not surprising that the Rockstar consortium is fighting hard to keep detailed information relating to the portfolio it picked up from Nortel under wraps. Lawyers representing both the NPE and Ericsson (which as well as being part of the Rockstar group bought add...
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Published: Fri, 09 May 2014 17:49:35 +0000

PTO Proposes Reducing Certain Trademark Fees to Lower Costs

The fee for a new application filed using the regular Trademark Electronic Application System (TEAS) application form will be reduced $50, from the current fee of $325 to $275 per class, if the applicant authorizes e-mail communication with the USPTO and agrees to file documents electronically during the prosecution of the application. The fee for an application for renewal of a registration submi...
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Published: Fri, 09 May 2014 13:22:00 +0000

Patentee prevented from surrender to hearing officer

This Kat recently became aware of a, to him, somewhat surprising decision of the UKIPO ( BL O/170/14 ) to stay the allowance of an offer to surrender a patent pending the outcome of a revocation action before the High Court. For the benefit of those who are not quite so au fait with UK patent practice, surrender of a patent (governed by section 29 of the Patents Act 1977 ) results in the patent ce...
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Published: Fri, 09 May 2014 13:07:21 +0000

Tips for Avoiding Liability for Trade Secret Misappropriation Concerning the Hiring and Departure of Employees

By Robert Milligan and Joshua Salinas As companies face increasing competitive and financial pressures, management is understandably consumed with running the day-to-day operations of the business and working to achieve business objectives and maximize the bottom line. As a result, it is not uncommon for companies to find themselves in situations where important assets are overlooked or taken fo...
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Published: 2014-05-09T06:00:00.000-07:00

Senior Citizen Doesn't Want IP Trouble!

Dear Rich: I live in a not-for-profit retirement community, and am a member of the chorus. For a performance (audience=community residents), I added a verse to the song "Downtown", referencing our facility's location in the "Uptown" neighborhood of Chicago. Now there is discussion of using a clip, recording, or other form of this performance as part of the community's marketing efforts. Would this...
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Published: Fri, 09 May 2014 12:00:09 +0000

Panasonic Invention Increases Efficiency, Reduces Fuel Cell Waste

Fuel cell technologies have become a bigger focus in our world as we seek to get away from fossil fuel emissions, and today’s featured patent application looks to take a big step in that direction. This technology improves the strength of seals within fuel cells, improving the efficient use of fuel gases for energy generation. Other intriguing patent applications we discuss today involve some nove...
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Published: Fri, 09 May 2014 10:12:57 +0000

CLE: 12th Annual Rocky Mountain Intellectual Property & Technology Institute

At the end of this month, I will be heading to the Colorado Rockies for the Annual Rocky Mountain IP #38; Technology Institute.  It will be my fourth year in a row attending and presenting at the Institute, which is consistently one of the two best CLE programs that I attend.  I will be speaking... Continue Reading
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Published: 2014-05-08T23:59:00-05:00

In re Roslin Institute (Fed. Cir. 2014)

Dolly the Sheep Not Patent Eligible Subject Matter By Donald Zuhn -- Earlier today, the Federal Circuit affirmed a determination by the Patent Trial and Appeal Board affirming the rejection of claims 155-159 and 164 of U.S. Application No. 09/225,233 as being directed to unpatentable subject matter under 35 U.S.C. § 101. Coincidentally, the decision comes on the eve of the U.S. Patent and Trademar...
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Published: Thu, 08 May 2014 17:25:13 +0000

Dolly the Cloned Sheep Not Patentable in the U.S.

Earlier today the United States Court of Appeals for the Federal Circuit ruled that Dolly the cloned sheep, and any other genetic clones, are patent ineligible in the United States because the "claimed clones are exact genetic copies of patent ineligible subject matter." --- The holy grail of personalized medicine, at least with respect to organ transplantation, is to create an organ that is ident...
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Published: Thu, 08 May 2014 16:21:57 +0000

Patent Reform in Limbo with Supreme Court Ruling on Patent Fee Shifting

The United States Supreme Court recently issued two much-anticipated decisions on fee shifting in patent litigation. While any cases issued by the Supreme Court are important and relevant, these two decisions have the potential to significantly impact pending patent legislation in Congress. Fee shifting has been articulated as one of the chief driving forces for more patent [#8230;]
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Published: Thu, 08 May 2014 16:12:05 +0000

Expired Patents, Injunctions and Commercialization

The following post discusses two recent patent cases where the relief of permanent injunction became infructuous due to the expiration of the impugned patents. A related issue of commercialization of patents is also briefly discussed. U. Varadaraya Nayak v S.K. Anand, Del HC: In this case, the patentee a retired school teacher obtained a patent for an invention titled ‘twin blade razor’. The inven...
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Published: Thu, 08 May 2014 16:12:03 +0000

David Hricik Joins Taylor English Duma as Of Counsel

Hricik brings with him more than 25 years of experience handling patent infringement suits and complex commercial litigation. Most recently, he served as clerk to the Chief Judge of the Federal Circuit, Randall R. Rader, and now acts as a professor at Mercer University School of Law teaching Patent Law and Litigation, Ethics, and Federal Civil Procedure. He also is a nationally known speaker on pa...
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Published: Thu, 08 May 2014 15:43:00 +0000

BREAKING: IP Minister confirms that private copying and parody exceptions are still on track for adoption (but later than 1 June)

Viscount Younger of Leckie Via a most distinguished Katfriend comes the news that IP Minister Lord Younger has just released the following statement : " The government welcomes the fact that the Joint Committee on Statutory Instruments has concluded its consideration of three of the five copyright exceptions statutory instruments ( SIs ). The Public Administration , Disability , and Research, ...
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Published: Thu, 08 May 2014 15:28:42 +0000

As FTC Revises Rules for Fuel Economy Ads Green Guides Can Guide

A piece published this week on Green Car Reports starts this way: No one wants to buy a brand-new car, only to find out that its real-world fuel economy doesn#8217;t match the numbers on the window sticker. It struck me that this statement describes the plaintiffs in a number of greenwashing lawsuits filed (and covered in this [...]
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Published: 2014-05-08T15:25:00.001+01:00

Snorkel decision breathes life into quasi design protection

Author: Mark Williams (Senior Associate, Allens Patent and Trade Mark Attorneys) Journal of Intellectual Property Law amp; Practice (2014) doi: 10.1093/jiplp/jpu067, first published online: May 7, 2014 A recent decision of the Australian Trade Marks Office has confirmed that composite trade marks consisting of a combination of shape and word/logo elements can be considered inherently capable of di...
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Published: Thu, 08 May 2014 14:25:00 GMT

BLOG: Marathon, IPNav and a potentially very lucrative patent

The markets certainly gave the series of deals announced Monday between Marathon Patent Group and IPNav their seal of approval. Shares in the PIPCO were up 13.5% by the close of the day and remain well above their opening price for the week.Wersquo;ve done a bit more digging into the deal and have found that one of the patents that Marathon has acquired the rights to is the subject of ongoing i...
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Published: Thu, 08 May 2014 13:00:40 +0000

Reality Check: Patents Foster Innovation and Economic Activity

The trouble is the so-called "patent reform" would cripple small businesses that innovate and need patents, while at the same time not offering any relief whatsoever to those small businesses that are being targeted by the bad actors... The inconvenient truth is that there is no evidence that a weaker patent system fosters innovation, but there is overwhelming evidence that a strong patent system ...
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Published: 2014-05-08T06:00:00.000-07:00

Color Me Copyrightable

Swedish artist Sanna Dullaway popularized the colorization of archival black and white imagery. Check out her series on Abraham Lincoln , created for TIME Magazine. Dear Rich: I want to start a business colorizing old photos and maybe selling or distributing them. Almost all of the photos were originally attributed to a photo agency known as Acme and they're all over fifty years ago. Can I copyri...
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Published: Thu, 08 May 2014 12:00:39 +0000

Epson Innovation Focuses on Robotics and Printers

We begin today’s column with a detailed look at our featured patent application, an improved assembly for a horizontal multi-joint robot. This robotic technology, developed for various repetitive job applications, has an electric cable duct of a smaller size that reduces vibrations. We also discuss a couple of other patent applications describing robotics, as well as a couple of other patent appli...
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Published: Thu, 08 May 2014 11:17:00 +0000

Ancient cat sausage dispute ripens: CJEU rules and now it's back to court ...

Case C‑35/13 , Assica — Associazione Industriali delle Carni e dei Salumi and Kraft Foods Italia SpA v Associazione fra produttori per la tutela del ‘Salame Felino’ and others is a decision of the Court of Justice of the European Union (CJEU) which seems particularly apt for coverage on this weblog, for reasons that will soon become apparent. It's a reference from the Corte suprema di cassazione (...
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Published: Thu, 08 May 2014 10:32:00 +0000

IPReg Litigation Qualification for Patent Attorneys - how is a newly qualified kitten supposed to comply?

Although she is an International Kat of Mystery, Merpel is getting rather bored of travel to foreign parts, and overseas corridors are losing their allure as places to prowl. So this week, she has decided to stalk some corridors which are closer to home. Both the IPKat and Merpel have long been perplexed and bewildered by the (somewhat) new IPReg Rule , effective from 1 January 2013, which states:...
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Published: Thu, 08 May 2014 10:31:00 +0000

Doughnuts, rolls (well, roles) and a half-baked set of legal principles

This morning, in Case C‑591/12 P , Bimbo SA v OHIM, Panrico SA , the Court of Justice of the European Union (CJEU) followed the Opinion of Advocate General Mengozzi and dismisssed an appeal which has had Anglophone doughnut-eaters sitting on the edge of their chairs in eager anticipation. To refresh readers' memories, in May 2006 Bimbo applied to register as a Community trade mark the word sign B...
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Published: Thu, 08 May 2014 09:34:00 +0000

Private copying, parody and quotation exceptions: a Gattopardo-esque approach?

The grand ball of UK exceptions One this Kat's favourite books of all time is Giuseppe Tomasi di Lampedusa's Il Gattopardo , known in English as The Leopard , and perhaps even better known in Visconti's movie adaptation [ here the trailer of the recently restored version] , starring a melancholic Burt Lancaster as the Prince of Salina, a handsome Alain Delon as Tancredi, and an enchanting Claudia...
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Published: Thu, 08 May 2014 07:44:58 +0100

Appointment of New Copyright Board of Canada Chair Offers Chance for Change

Copyright Board of Canada chair William J. Vancise will see his term come to an end this month, opening the door for thegovernment to start the process of reforming the much-criticized board.Vancise has served the maximum two terms as chair, with his time markedby the Supreme Court of Canada's rejection of the board's approach to fair dealing, ongoing frustration fromstakeholders about...
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Published: Thu, 08 May 2014 05:48:00 GMT

BLOG: Asia's biggest IP company seeks to cash in on 2012 patent acquisition

An entity called Kinglite Holdings is currently causing quite a stir in Taiwan. Kinglite has been approaching original equipment and original design manufacturers on the island with regard to patents in a portfolio that until 2012 were owned by operating company Phoenix Technologies. This is the same company that sold a portfolio of BIOS patents to Transpacific IP, Asiarsquo;s largest full-service...
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Published: Thu, 08 May 2014 04:38:00 +0000

Two copyright exceptions missing: did the Scrutiny Committee know?

Even though such a long time has passed in investigating digital opportunities, writing reviews, rethinking intellectual property and debating how to foster growth, the last word has apparently not been said on the new UK exceptions to copyright infringement. Late this afternoon, Labour MP Iain Wright tweeted: In response to a question from Katfriend Emily Goodhand [twitterly known as copyrightgi...
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Published: Wed, 07 May 2014 22:29:48 +0000

Welcoming new CC Arab world affiliate coordinators

Naeema Zarif, CC BY 4.0 In February we said goodbye to Donatella Della Ratta, CC’s longtime coordinator for the Arab world. Today we’re pleased to announce that Naeema Zarif and Sami Ben Gharbia have joined Creative Commons as the regional coordinators for the region. Naeema and Sami join CC’s other regional team leaders, who are [#8230;]
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Published: Wed, 07 May 2014 20:03:00 +0000

Italian court says that it's up to rightholders, not YouTube, to monitor

The hate amp; revenge part of any proper telenovela Earlier this week, the Tribunale di Torino (Turin District Court) had some (interesting) say on the Ecommerce Directive and obligations of hosting providers, and was also keen on providing rightholders with some advice. It did so by dismissing Delta TV's application for an interim injunction against Google and YouTube. Delta TV produces and ma...
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Published: Wed, 07 May 2014 15:03:00 +0000

Aldi attacked for fishy facsimile – copycat capers continue

This Kat reported last week on moves to broaden brand owners’ powers to crack down on supermarket copycat packaging, musing that trade mark and passing-off laws might already be fit for just that purpose, were brand owners willing to use them. It turns out that brand owners are willing to flex these muscles. As reported in a number of places, including with characteristic inaccuracy over at the M...
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Published: Wed, 07 May 2014 14:16:36 +0000

SpicyIP Weekly Review (28th April to 4th May)

#160; SpicyIP Highlight of the Week! On 30th April, India signed the ‘Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (MVT)’ which allows for better access to published works by the visually impaired. This is indeed a welcome move to address the problem of “book famine” which is faced by those who are visually impai...
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Published: Wed, 07 May 2014 13:00:02 +0000

European Commission Proposes Directive for Trade Secrets Protection in EU

By Dan P. Hart , Razia Begum , Andrew J. Masak Later this month, voters in the European Union’s 28 Member States will cast their votes for representatives in the European Parliament.  Regardless of the makeup of the European Parliament following the election, trade secret regulation is one of the many issues that members are likely to take up when #8230; Continue Reading
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Published: Wed, 07 May 2014 12:00:15 +0000

Sideways and Backwards: A Broken Patent Process

When reading patents it is not at all unusual for a patent to be issued a number of years after the original patent application was filed, but it isn't every day that you see a patent issue more than 12 years after it was originally filed. Yet, that was exactly what happened with respect to the