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Published: 2014-12-19
Source: The IPKat

Friday fantasies

Forthcoming events. Plenty fresh events have been added to the IPKatsForthcoming Events pagein recent days, including a three-week course (13 to 31 July 2015) entitled International IP Transactions: Practical skills and industry insights run by UC Hastings together with Bucerius in Hamburg, Germany....
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Published: 2014-12-19
Source: Patent Docs

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 v. Sandoz Inc. 1:14-cv-02008; filed December 5, 2014 in the Southern District of Indiana Infringement of U.S. Patent No. 7,772,209 (Novel Antifolate Combination ...
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Published: 2014-12-19
Source: CNET News

Flickr ends sale of prints uploaded under Creative Commons

Photo-sharing site apologizes for offering professional quality reprints of images uploaded for free use.
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Published: 2014-12-18
Source: Director's Forum: A Blog from USPTO's Leader

IP Stakeholders Discuss Harmonization of Substantive Patent Law at USPTO Roundtable

Guest blog by Chief Policy Officer and Director for International Affairs Shira PerlmutterOn Wednesday, November 19, 2014, the USPTO hosted a roundtable on International Harmonization of Substantive Patent Law at our headquarters in Alexandria, Virginia. Roundtables like this one are essential tools...
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Published: 2014-12-18
Source: Trading Secrets

2014 Trade Secrets Webinar Series Year in Review

Throughout 2014, Seyfarth Shaw LLPs dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever changing area of law. The series consisted of 10 webinars:Continue Reading2013 N...
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Published: 2014-12-18
Source: IPWatchdog.com | Patents & Patent Law

An Exclusive Interview with Robert Litan

LITAN: Cross industry variation in the use of patents shouldnt mean that we should just junk the patent system. As I said, the alternatives to go to a system of trade secrets which has very, I think, suboptimal social implications relative to patents. Indeed I think when people object to patents the...
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Published: 2014-12-18
Source: IPWatchdog.com | Patents & Patent Law

The Disclosure Revolution A Report from the Front, 2014

The Disclosure Revolution is an ongoing process that has transformed patent law over the last couple of decades. While courts continue to say, The claims define the invention, decision after decision rewrites broad claim terms to conform to the scope of disclosure. A single embodiment once served as...
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Published: 2014-12-18
Source: The IPKat

A Kats 2014 Copyright Awards

Its Katwards day!With the holidays and end of the year quickly approaching, it seems about time to think of what has been and what will be next in the world of the greatest IP right,iecopyright.Likelast year, this Kat has decided to review the copyright year, and award a number of[symbolic]prizes to...
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Published: 2014-12-18
Source: The IPKat

BREAKING NEWS: breakfast ruling on unfertilised eggs

Ova and out!AG Villalns parthenotes Opinion in IMC could provide stem cell research certainty (at least for now...) was the title of ahelpful noteby Shohta Ueno (an Associate with Allen & Overys IP Litigation team in London) on the first stage of the Court of Justices ruling inCase C-364/13Internati...
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Published: 2014-12-18
Source: Spicy IP

Novartis sues Cipla over infringement of Onbrez patents: HC reserves judgement

Close on the heels of the health ministrys statement regarding patent revocation, Novartis has sued Cipla for infringing patents covering Onbrez (Indacaterol-drug used to treat chronic obstructive pulmonary disease) and sought damages. Onbrez is protected by 5 patents in India IN222346 (product pat...
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Published: 2014-12-18
Source: The IPKat

The independence of the Boards of Appeal: Merpel roars again

Still troubled by goings-onat the European Patent OfficeThere are many aspects of the recent events (Seehereand links concerning the suspension of a member of the Board of Appeal, andhereand links concerning the strikes and demonstrations) at the European Patent Office that trouble Merpel. One is th...
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Published: 2014-12-17
Source: The IPKat

Wednesday whimsies

A time forGOLDENBALLS ...The Court of Justice of the European Union(CJEU) will be to all intents and purposes closed from 22 December to 6 January, though this Kat has no doubt that several of the CJEUs judges, and particularly those of the General Court, will be contemplating the wonderful world of...
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Published: 2014-12-17
Source: Trading Secrets

Arizona Supreme Court Holds that UTSA Does Not Preempt Common Law Claims for Misuse of Confidential Information That Is Not a Trade Secret

The nineteenth century English juristLord Ellenboroughonce observed that it is difficult to struggle with the common law.Kerr v. Willan, 171 Eng. Rep 570 (K.B. 1817). Nearly two centuries later, struggling with the common law is still a formidable task especially in cases involving claims of trade ...
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Published: 2014-12-17
Source: Trading Secrets

USPTO To Host Trade Secret Symposium

The U.S. Department of Commerces Patent and Trademark Office (USPTO) will host its first Trade Secret Symposium on Thursday, January 8, 2015, at USPTO Headquarters in Alexandria, Virginia. The symposium will provide an opportunity for members of the public to hear from representatives of academia, g...
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Published: 2014-12-17
Source: The IPKat

Be careful with your requests, especially if you want to appeal

This moggy noticed areporton the Deltapatents blog of a salutary little decision ofT 2157/10from the Technical Boards of Appeal of the European Patent Office, dated 14 November 2014, and posted on 3 December 2014 [so some work is still being done at the EPO, despite the strikes, notes Merpel].In opp...
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Published: 2014-12-16
Source: Creative Commons » Commons News

Happy birthday, CreativeCommons

Help build the next era of sharing online.Make a donation to Creative Commons. 12 years ago today, we launched the first Creative Commons license suite. The internet was changing the way people share, and changing what it meant to be a creator. But copyright law hadnt caught up. The Net was making s...
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Published: 2014-12-16
Source: The IPKat

2015: the year of blocking injunctions?

Improving the legal framework for online enforcement of IP rights, notably copyright, has been probably the most debated policy topic in a number of jurisdictions in 2014, and will likely be so also in 2015.The recent decision of the Court of Justice of the European Union (CJEU) inTelekabel[hereandh...
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Published: 2014-12-16
Source: The IPKat

Playing by the Rules: or a tale of Fault and Default in infringement proceedings

We all need rules ...After the momentous world-shaking blogposts of last week,its great to get back to the nitty-gritty and to focus once again on the small picture. In this vein, this Kat considersAhmet Erol v Global Fashion Links Ltd,another of those small, almost unnoticed and unreported decision...
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Published: 2014-12-15
Source: The IPKat

Monday miscellany

Forthcoming events. Several new items have been added to the IPKatsForthcoming Events listfor 2015, including a little batch of IBIL events. Do check out this list when you get the chance. If you like secrets, Trade Secrets Protection & Enforcement: powering business growth by protecting your conf...
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Published: 2014-12-15
Source: The IPKat

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

Last week was the busiest in the IPKats history, with a total of 29 blogposts. Were all a bit exhausted and expect that our readers are too. Thanks so much for sticking with us during this fascinating but definitely difficult period in the history of intellectual property governance. Anyway, sweet a...
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Published: 2014-12-15
Source: IPWatchdog.com | Patents & Patent Law

Diverse Patent Portfolio for 3M: Digital Sticky Notes, Dental Innovations and Monitoring Criminal Offenders

3M Company (NYSE: MMM) is a major American corporation involved with the development of a wide range of consumer personal care products as well as medical systems, vehicle care and other industries; its also a member of the Dow Jones Industrial Average.... Patent applications disclose anti-fogging ...
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Published: 2014-12-15
Source: The IPKat

Come rain or come shine: wetter.de vs. wetter.at

The Higher Regional Court of Colognerecently had to decide in a dispute of the use of the sign wetter.de on a smartphone app for weather news. By way of background and as you may have guessed, the German word weather translates into the English word weather.Wetter.de or wetter.at?The dispute had ens...
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Published: 2014-12-15
Source: Dear Rich: Nolo's Intellectual Property

Can I Turn Master and Margarita into Opera?

Mikhail BulgakovDear Rich: I am contemplating composing an opera in English based onThe Master and Margaritaby the Russian author Mikhail Bulgakov. Bulgakov died in 1940.The Master and Margaritawas published posthumously in two parts in the Soviet Union in 1966 and 1967. With the help of a Russian f...
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Published: 2014-12-14
Source: Against Monopoly

Patent: Lets See: Pallas, Pan, Patents, Persephone, Perses, Poseidon, Prometheus...

When people think of patents, if they do at all, they usually picture a crazed inventor who looks a lot like Christopher Lloyd in %26lt;b%26gt;Back to the Future%26lt;/b%26gt;, working late nights in the lab to come up with something completely crazy and absolutely amazing, that no one else would ev...
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Published: 2014-12-14
Source: The IPKat

Oracle v Google: are certain elements of the Java platform entitled to copyright protection?

With so much happening in the field of IP,even the best-organised of IP blogs is hard-pressed to cover all the major issues that arise around the world. The IPKat and Merpel do their best, but are always grateful to receive a little outside assistance from time to time. Heres a guest post, brought t...
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Published: 2014-12-14
Source: IPWatchdog.com | Patents & Patent Law

Secret Examination Procedures at the USPTO: My Experience with SAWS

The patent examiner stated that, when he had tried to allow the patent application, the USPTO system returned a thread SAWS case cannot be allowed. The application was indeed rejected... The USPTO explained that our counsels law firm (a respected IP law firm) had never heard of the Sensitive App...
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Published: 2014-12-14
Source: IPWatchdog.com | Patents & Patent Law

Internet Technologies a Continuing Focus for Microsoft

Today we focus on recently published patent applications with an emphasis on technologies and innovations relating to the Internet, social media and cloud computing. Microsofts recently published patent applications include a number of Internet-based products and services, such as a method for ident...
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Published: 2014-12-14
Source: The IPKat

The Battle of Trumpton: parody, or protection of kippers?

Many a nostalgic soul hankers for the comfort and security of the days of his or her youth, when the sun always shone and life was incomparably easier. However, while the recently- and fondly-remembered past has much to commend it, most political parties would be hard-pressed to deliver it on a plat...
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Published: 2014-12-12
Source: IP Law Chat

Court Dismisses Copyright Claims Alleging Infringing Use of the Word Oh

This copyright infringement case involved plaintiffs allegation that defendants use of the word oh in an audio recording and music video infringed plaintiffs copyrights in a composition and recording in which oh appears once.The allegedly infringed works were a composition calledHook & Sling Part Ia...
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Published: 2014-12-12
Source: The IPKat

Friday fantasies

This is such a one-sided debate due to IPKAT censorship of contradictory comments.This extraordinary statement was posted by an anonymous commenter today at 11:32:00, referring to the string of comments received in the wake of the Communique issued this morning by the Administrative Council of the E...
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Published: 2014-12-12
Source: The IPKat

More on Product-by-Process claims - what is the law, why is it, and what should it be?

Mypost on Wednesday morninghas attracted a large number of comments, including many thoughtful contributions, and so I would like to follow up concerning the wider issue of product-by-process claims (independent of the specificHospira v Genentechcase), gathering up, and responding to, some of the co...
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Published: 2014-12-12
Source: The IPKat

BREAKING NEWS: EPO Communique -- Boards of Appeal independent in principle; precautionary suspension approved; concern expressed

Here is the text of the communique issuedthis morningon the European Patent Office website:Munich, 12 December 2014Communique on decisions taken by the Administrative Council at its 142nd meeting concerning senior employees and appointments and reappointments to the Boards of AppealThe Administrativ...
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Published: 2014-12-12
Source: jiplp

Taiwan IP Court asked to designate how TIPO assists litigants

Author: Hsiu-Ru Chien (Lee and Li, Attorneys-at-Law)Aten International Co, Ltd v Wavekee International Co, Ltd,Taiwan Supreme Court, 2013-Tai-Shang-1800, 25 September 2013Journal of Intellectual Property Law & Practice(2014) doi: 10.1093/jiplp/jpu197, first published online: December 11, 2014The Tai...
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Published: 2014-12-11
Source: Creative Commons » Commons News

Are you on#teamopen?

Stay up-to-date with CC by subscribing to our newsletter and following us on Twitter. Are you on #teamopen? Were proud to present Series Two of Team Open, our ongoing project to tell the stories of people who use Creative Commons. In Series Two, youll meet a musician who used Creative Commons licens...
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Published: 2014-12-11
Source: Creative Commons » Commons News

Team Open: Stories of how we use CreativeCommons

A few weeks ago, we published a report showing that there are nearly a billion Creative Commonslicensed works. Thats an impressive number, but it only hints at how powerful and widespread CC licenses have become. The real story of Creative Commons is the story of the people who use CC licenses. Its ...
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Published: 2014-12-11
Source: Creative Commons » Commons News

48 Civil Society Groups Demand Public Release of TPP AgreementText

Today Creative Commons and 47 civil society organizations and academics released a letter (PDF) calling on negotiators of the Trans-Pacific Partnership (TPP) to publish the draft text of the agreement. Up until now the text of the TPP has been developed mostly in secret by the 12 negotiating countri...
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Published: 2014-12-11
Source: IAM Magazine

BLOG: The EPO must embrace transparency and move into the 21st century world

Theres big trouble at the European Patent Office, it seems. While we have ben away in Shanghai for IPBC Asia, a number of European-based blogs the IPKat, EPLaw, FOSS Patents and IP-Watch among them - have been reporting on a series of explosive developments at the agency. These include strike actio...
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Published: 2014-12-11
Source: IPWatchdog.com | Patents & Patent Law

Alice in Blunderland: The Supreme Courts Conflation of Abstractness and Obviousness

The problem with this analytical approach lies not in the two-step Mayo algorithm, but rather in framing the analysis in terms of subject matter eligibility under Section 101 rather than patentability under 103. Section 101 is intended to deal with the eligibility of the claimed subject matter for p...
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Published: 2014-12-11
Source: The IPKat

Catch-up with Caoutchouc as Dalsouples clash in court

Right illustration,wrong case ...Until very recently this Kat did not have the pleasure of knowingthe magnificent name Dalsouple Socit Saumuroise Du Caoutchouc. What an enchanting, mysterious title, how mellifluously it rolls off the tongue -- and how surprised he was, as a feline with very little F...
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Published: 2014-12-11
Source: CNET News

Xiaomi reportedly banned from selling smartphones in India due to patent issues

The Chinese handset maker has supposedly been served with an injunction and will be unable to import or sell its smartphones until infringement issues with Ericsson are resolved.
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Published: 2014-12-11
Source: Patent Docs

News from Abroad: Research Exemptions and Active Ingredient Manufacture

By Ralph Cox* & Kinjal Kondhia** -- After a series of papers, reports and consultations on the scope of the research exemptions to patent infringement stretching over 10 years, section 60 of the Patents Act 1977 was finally amended on 1 October 2014 by the introduction of new subsections 6D to 6G. T...
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Published: 2014-12-10
Source: Creative Commons » Commons News

FreeBassel

Bassel / Joi Ito / CC BY As of today, Creative Commons Syria lead Bassel Khartabil has been in prison for 1000 days. Today, we take a moment to honor Bassel and his contributions to Creative Commons. And we stand with our peers in the free software and free culture communities in demanding that he [...
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Published: 2014-12-10
Source: Trading Secrets

Webinar Recap! Protecting Trade Secrets and Intellectual Property in Business Transactions

We are pleased to announce the webinar Protecting Trade Secrets and Intellectual Property in Business Transactions is now available as apodcastandwebinar recording.In Seyfarthsninth installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys focused on considerations involving protectin...
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Published: 2014-12-10
Source: IPWatchdog.com | Patents & Patent Law

Toxic Asset: The Gradual Demise of the American Patent

Not such a long time ago, owning a US patent was worth something! A patent was often the foundation for new and exciting startups, as well as a source of pride and hopefully profits- for inventors. These assets promised competitive and strategic advantage in the market; conduits to new investment an...
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Published: 2014-12-10
Source: Michael Geist

Too Little, Too Late?: Access Copyright Finally Acknowledges the Reduced Value of Its Licence

Access Copyrightannounceda shift in its licensing approach for universities and colleges yesterday, unveiling what it described as new market-focused services. Access Copyright CEO Roanie Levy isquotedas saying we recognize the advances many institutions have made on content dissemination and the ce...
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Published: 2014-12-10
Source: IPWatchdog.com | Patents & Patent Law

The Evolution of Modern Ballpoint Pen: A Patent History

Br was not the first inventor to conceive the use of a rolling ball in socket mechanism for an ink writing utensil. By the latter part of the 19th century, a few designs for this type of utensil would be developed and even patent-protected by their inventors. Although none of these became truly comm...
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Published: 2014-12-10
Source: CNET News

Inventor of the Web wanted to call websites psychohistory

Sir Tim Berners-Lee had a sci-fi inspired name in mind for his invention, according to innovator Professor Dame Wendy Hall, who spoke to CNET about the evolution of the World Wide Web.
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Published: 2014-12-10
Source: The IPKat

Wednesday Whimsies From Across the Pond

While Jeremy is returning from the INTA conference in Munich, here is a few bits of information gleaned here and there.A Trademark Infringement Suit is Not Easy to Wipe OffI learned about this story reading thistweetfrom New York trademark attorney Roberto Ledesma.The father of two teenage entrepren...
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Published: 2014-12-10
Source: SOLO IP for sole and small IP practices

Sally Cooper in Munich finding that Small is Beautiful

Munich ? December ? Trade Marks ?From Heather CowperBut surely Munich =EPO?And surely Munich / December = Christmas Markets ?YES - but Munich in December in 2014 was logo host-City forINTAs last Conference of the year :When Trademarks Overlap with Other IP Rights. TheConferencetook place in the nic...
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Published: 2014-12-10
Source: The IPKat

Hurray for judicial sense on product by process claims - Birss triumphs in Hospira v Genentech

This Kat did not have time to get round to readingHospira v Genentechwhen it first emerged, and did not immediately notice that it was an entire new case in its own right, and not simply a codicil to the decision that he reportedhere. Now that he has had chance to read it, he is sorry that he did no...
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Published: 2014-12-10
Source: IAM Magazine

REPORT: IP court finds second medical use claims to be medical treatment methods

The Istanbul IP Court, evaluating a patent infringement claim filed by the patentee of a Swiss-type European patent, has rejected the claim on the grounds that the patent was a medical treatment method which should not have been registered under Article 52(4) of the European Patent Convention 1972, ...
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Published: 2014-12-10
Source: IAM Magazine

REPORT: CIPO-EPO PPH pilot programme set to begin in January 2015

In another step towards building stronger bilateral relations and fast tracking the examination of counterpart patent applications, the Canadian Intellectual Property Office and the European Patent Office have signed a memorandum of understanding to establish a patent prosecution highway pilot progr...
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Published: 2014-12-09
Source: Spicy IP

Breaking News: Delhi High Court grants injunction against Xiaomi

Yesterday, the Delhi High Court granted anex parteinjunction order against Chinese operator Xiaomi for infringement of Ericssons patents. The patents in question are Standard, Essential Patents (SEPs) which are subject to FRAND (Fair, Reasonable and Non-Discriminatory) terms. However, they may also ...
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Published: 2014-12-09
Source: The IPKat

Pay it again scam

This morningsTuesday Tiddlywinks postincluded an example of a renewal scam letter of the kind which savvy applicants and their advisors are all too aware, but which are targeted at smaller and less experienced applicants who may only have one or a few IP rights.The letter, purporting to come fro...
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Published: 2014-12-09
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 10

The final session of the INTAs two-day conference marathoncontinued the theme of the previous session, but looked at the trade mark/publicity overlap from the perspective of some trade mark owners which rely on taking licences from well known celebrities and sportsmen: Joseph J. Conklin (Coty) and A...
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Published: 2014-12-09
Source: IPWatchdog.com | Patents & Patent Law

Trade Secrets A Viable Alternative to Patents

While trade secrets cannot fully replace patent protection in all respects, they do offer a viable alternative to patents for protecting intellectual property in some cases. In addition, while the value of patents in protecting IP has been under attack this year, trade secret protection has been on ...
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Published: 2014-12-09
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 9

After another ample and delicious lunch, the assembled registrants reconvened for the final stretch of Day Two of INTAs European winter conference, the topic being Trademarks and the Right of Publicity, moderated by Kenneth Wilton (Seyfarth Shaw JJP).First up was Anne Lauber-Rnsberg (Technical Unive...
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Published: 2014-12-09
Source: IPWatchdog.com | Patents & Patent Law

Sony Patents: From Internet Television to Athletic Performance

A couple of these technologies are related to mobile phone use, including a microphone device wearable in a speakers ear which does a better job of blocking out distracting noise. Another patent application discusses a program guide for accessing Internet video through a television set. We were also...
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Published: 2014-12-09
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 8

The final session before a very, very late lunch saw something of a novelty act: an interview by INTA stalwartRonald van Tuijl(JT International) with Christoph Ernst (Ministerialdirigent, German Federal Ministry of Justice, left) and Mihaly Ficsor (Vice-President for Legal Affairs, Hungarian IP Offi...
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Published: 2014-12-09
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 7

Apologies: I couldnt make detailed notes on this session: a combination of screen-freezes and poor internet connection proved too great a challenge ...Fortunately we no longer live in Feudal times, said ProfessorAnselm Kamperman Sandersin his opening comments on the session entitled Trademarks and U...
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Published: 2014-12-09
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 6

If you missed yesterdays blog posts reporting on When Trademarks Overlap with Other IP Rights, you can access them as follows:Session One (Welcome and Jeremys keynote address)hereSession Two (Trademarks and Copyright I)hereSession Three (Trademarks and Copyright II)hereSession Four (Trademarks and D...
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Published: 2014-12-09
Source: Patent Docs

DDR Holdings, LLC v. Hotels.com, L.P. (Fed. Cir. 2014)

By Michael Borella -- DDR Holdings (DDR) sued Hotels.com and several other defendants in the United States District Court for the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,993,572 and 7,818,399. DDR eventually settled with all defendants except for National Leisure Group...
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Published: 2014-12-09
Source: The IPKat

Tuesday tiddlywinks

European Patent Office (EPO) latest.There have been further developments in the saga of the continuing troubles of one of Europes most important institutions. As Merpelreported last night, the EPOs Enlarged Board of Appeal has written to seek the Administrative Councils intervention to protect its j...
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Published: 2014-12-08
Source: IPWatchdog.com | Patents & Patent Law

12 Questions the Senate Should Ask Michelle Lee

This will be the first time that Lee has had a confirmation hearing. The timing suggests that the Obama Administration and Senator Reid think that they can get Lee confirmed prior to the end of this Congressional session, which may well be the case. Assuming that this hearing will be more than just ...
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Published: 2014-12-08
Source: The IPKat

Breaking News: Enlarged Board appeals - direct to the Administrative Council

The suspension of a Board of Appeal member by EPO President, under the guise of a house ban,reported here,has generated enormous disquiet, not only among bloggers, attorneys and EPO union officials, but now also within the Enlarged Board of Appeal.Merpel has been provided with a letter which is unpr...
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Published: 2014-12-08
Source: Trading Secrets

Court Thwarts Employers Effort To Block Vested Profit-Sharing Plan Participant from Obtaining Employment with a Competitor

Other than to protect good will or trade secrets, a non-compete provision intended to prevent a former employee from acquiring an interest in, or becoming an officer or director of, a competitor of the ex-employer may not be enforceable.Summary of the case: A stand-alone agreement executed by employ...
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Published: 2014-12-08
Source: The IPKat

More misinformation on the Unified Patent Court - this time from the Law Society of Scotland

This Kat was readingthis press releasefrom the Law Society of Scotland, and he choked on his catfood on the degree to which it is misleading and just plain wrong. He haswritten in indignationbefore when politicians do this, but his indignation rises higher when it is lawyers who propagatedrivelmater...
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Published: 2014-12-08
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 5

Following a thoroughly well-deserved and very much appreciated coffee break,Mark Owen(Taylor Wessing) took over the chair and introducedKenneth Wilton(Seyfarth Shaw LLP). Kenneth continued the Trademarks and Designs overlap by giving an explanation of trade dress and product configuration in the Uni...
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Published: 2014-12-08
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 4

Opening the Trademarks and Designs session after lunch,Katfriend and internationally respected scholarAnnette Kurreminded us that some of the things we are prone to label problems are often capable of being construed as opportunities too. Describing trade mark protection as the finger that is pointe...
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Published: 2014-12-08
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 3

The session which bridged coffee break and lunch was dedicated to a panel discussion on the issues raised in theprevious session. in which the panellists worked their way through a matrix of topics in which trade marks and copyright were differently treated. Michael Ritscher (Meyerlustenberger Lache...
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Published: 2014-12-08
Source: IPWatchdog.com | Patents & Patent Law

Financial Innovation: From Smarter ATMs to Investing Casino Winnings

Today, we thought that we would spend some time scoping out a wider breadth of invention from entities outside of the two banking giants which typically earn most of our focus... Most of the technologies we explore below are directed at improvements to ATMs, including ATM platforms on mobile devices...
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Published: 2014-12-08
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 2

The second session, Trademark and Copyrights,was chaired by former guest Kat Tara Aaron. First to speak was ProfessorAnsgar Ohly, who gave a breathtaking account of conflicts between trade marks and the public domain such as RaphaelsPutti(registered by a prostitute, Jeannette, for the supply of unsp...
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Published: 2014-12-08
Source: The IPKat

When Trademarks Overlap With Other IP Rights: conference report 1

The Westin Grand: a lot warmer in than out ...When Trademarks Overlap with Other IP Rights, the International Trademark Association (INTA) European winter conference, opened today in the lovely if somewhat chilly city of Munich in the serene comfort of the Westin Grand Munich Hotel. Unlike the hotel...
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Published: 2014-12-08
Source: Patent Docs

Court Report

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Reckitt Benckiser Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA Inc. 1:14-cv-01451; filed December 2, 2014 in the District Court of Delaware Plaintiffs: Reckitt Benckiser P...
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Published: 2014-12-07
Source: The IPKat

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

Bright and early this Monday morningcomes the 23rd weekly Never Too Late round-up of the previous weeks Katpost features. As usual the author is our good friend and colleagueAlberto Bellan.This is what you may have missed last week:* VOLVO vs LOVOL: a visual dictionary in the consumer brain...?Birgi...
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Published: 2014-12-07
Source: The IPKat

Sunday sweeteners

Two regular members of the IPKats blog team (Jeremy and Neil)are in Munich, Germany, for the next couple of days, participating in the International Trademark Associations winter conference on the theme of When Trademarks Overlap with Other IP Rights. This weblog will do its best to bring the salien...
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Published: 2014-12-07
Source: Against Monopoly

Patents: Claiming Countability Cancels Claims Creates a Cacophony of Cantankerous Counterexamples?

In the previous posts we described an alternative way of thinking about patents, where we abandon patent claims. Instead, we try to measure the differences between what is described and what has gone before by counting the changes one makes to the instructions by which a person is taught how to mak...
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Published: 2014-12-07
Source: Spicy IP

US Fed. Cir. rules on FRAND royalty determination -Ericsson v. D-Link

In what might be the most definitive guiding judgment till date on determining RAND (RAND in US, and FRAND elsewhere) royalties, the US Federal Circuit gave its opinion re theirdetermination in a case involving Ericsson against defendantsD-Link, Acer, NetGear, Gateway, Toshiba. Intel Corp. intervene...
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Published: 2014-12-07
Source: Patent Docs

ACI Conference on Life Sciences Patents

American Conference Institute (ACI) will be holding an Advanced Summit on Life Sciences Patents on January 13-14, 2015 in New York, NY. ACI faculty will offer sessions on: Protecting patents in light of increasingly strict 101 patentability standards post-Myriad and USPTO patent eligibility guidel...
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Published: 2014-12-06
Source: IPWatchdog.com | Patents & Patent Law

A Devotion to Robot Innovation at Samsung

Perhaps more so than any other technology company that we focus on, Samsung seems to have a real fascination with robots. It is no great surprise that once again robots are seen as a recurring theme in the Samsung portfolio... The robot innovations being developed by Samsung are also more generally ...
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Published: 2014-12-06
Source: The IPKat

TF1 v Dailymotion: meet third generation hosting providers

Alberto BellanSome might think that the past few weeks have been fairly intense for internet serviceproviders (ISPs) in the UK alone, with Arnold Jclarifying, first, that blocking orders can be issued against websites that advertise and sell counterfeit goods[here]and, then,issuingthe biggest blocki...
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Published: 2014-12-05
Source: The IPKat

The Alicantation of the European Patent Office

News is coming in thick and fast from the European Patent Office, and so Merpel once again finds herself gracing the pages of this blog (following earlier postshere,hereandhere). This time, a kind Katfriend has pointed Merpel in the direction ofa most fascinating article on the website of the German...
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Published: 2014-12-05
Source: Spicy IP

New Chapter in Bayer-Natco Saga: Delhi High Court Rules on Indias Bolar Exemption

The Bayer v. Natco dispute created jurisprudence for being Indias first post-TRIPS grant of a Compulsory License. Last month, it has done so again by prompting the Delhi High Court to affirmatively decide the scope of Indias Bolar Exemption. S.107A of the Indian Patent Act, known as Indias Bolar Exe...
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Published: 2014-12-05
Source: The IPKat

Swiss cheese, calcium salt, partial priority and poisonous divisionals: an exotic feast for patent enthusiasts

It is a pleasure when this weblog can reporton something to do with European patents that has nothing to do with power politics and everything to do with what the patent system is all about: operating a system of rules that is designed to separate the novel wheat from the previously-disclosed chaff ...
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Published: 2014-12-04
Source: The IPKat

Second Circuit Hears Argument in Authors Guild v.Google Fair Use Case

A three-judge panel from the Second Circuit, composed of Judges Leval, Cabranes, and Parker, heard arguments from both parties last Wednesday in theAuthors Guild, et al.v. Google, Inc. case, docket number 13-4829-cv.Since 2004, Google has been scanning entire copies of books held in several research...
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Published: 2014-12-04
Source: Patent Law Practice Center

Samsung Pursues Alternative Energy Innovations

Periodically, we take a look at some innovative companies on IPWatchdog.com as a part of what we call the Companies We Follow series. Recently, when reviewing the latest published patent applications and issued patents for Samsung, we stumbled across a number of innovations that broadly relate to al...
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Published: 2014-12-04
Source: jiplp

General Court holds K-Swiss five-stripe mark invalid

Author: Matthew Dick (D Young & Co LLP)K-Swiss, Inc v OHIM and Knzli SwissSchuh AG, Case T-85/13, EU:T:2014:509, General Court of the European Union, 14 June 2014Journal of Intellectual Property Law & Practice(2014) doi: 10.1093/jiplp/jpu224, First published online: December 3, 2014The General Court...
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Published: 2014-12-04
Source: The IPKat

Is house of mirrors a bad reflection on a famous artist? Post-mortem moral rights in Poland

This post is kindly brought to youby Katfriend and enthusiastic young lawyer Ewa Laskowska, who has been inspired to write this piece by her interest in a curious episode in the ongoing saga of unharmonised moral rights in the New Europe of the 21st century. This is what Ewa tells us:Authors moral r...
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Published: 2014-12-04
Source: IAM Magazine

BLOG: Europe is set to replace the US as the worlds go-to venue for patent litigation

Over the past few months Bristows partner Alan Johnson has provided regular pieces for the IAM blog on Europes soon-to-be introduced Unified Patent Court (UPC) and unitary patent. Although he has identified many uncertainties and challenges users of the new system will face - in particular, major pr...
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Published: 2014-12-04
Source: The IPKat

In suspense about the European Patent Office? Youre not the only one ...

Merpel catches up on herincoming EPO mail ...In recent postshereandhereMerpel has been spreading the word concerning the increasing disquiet and anxiety felt by her and many others regarding the running of the European Patent Office, its staff relations, finances and other issues. These posts, as we...
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Published: 2014-12-04
Source: CNET News

Secret patent review system raises innovation concerns

A law firm obtains documents that it says reveals potential problems with the US Patent Offices secret system for red-flagging controversial applications.
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Published: 2014-12-04
Source: Creative Commons » Commons News

Internet Censorship Editathon in SanFrancisco

Join us in San Francisco on December 14 for a Wikipedia Editathon on interent censorship. If youve never edited a Wikipedia article, dont worry! There will be experts there to help you through the process. From the announcement: Join volunteers from the Electronic Frontier Foundation, Creative Commo...
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Published: 2014-12-04
Source: Creative Commons » Commons News

Internet Censorship Editathon in SanFrancisco

Join us in San Francisco on December 14 for a Wikipedia Editathon on interent censorship. If youve never edited a Wikipedia article, dont worry! There will be experts there to help you through the process. From the announcement: Join volunteers from the Electronic Frontier Foundation, Creative Commo...
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Published: 2014-12-03
Source: The IPKat

Audit clauses in IP licences: how easy it is to go astray ...

While IP abounds with exciting and sexy topicslike infringement, damages and protectable subject matter, much of the really important work done by intellectual property practitioners goes more or less unloved and unnoticed -- until something goes wrong. Nick Briggs and Kerry Russell (of Shakespeares...
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Published: 2014-12-03
Source: The IPKat

Merpel revisits the EPO strike

Merpelreported yesterdayon the demonstration at the European Patent Office, with some recently received photographs. The post attracted lots of comments. Some -- whose content appeared to suggest that they were written by disgruntled examiners -- were in English so poor that Merpel thinks that they ...
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Published: 2014-12-03
Source: The IPKat

Wednesday whimsies

If you are involved in IP, bioscience and agriculture, having a surname like Berryis no bad thing. Dominic Berry has alerted the Kats to the existence ofCultivating Innovation, and this is his big attempt to get people to help shape an agenda for his workshop this April by asking them what they migh...
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Published: 2014-12-03
Source: IPWatchdog.com | Patents & Patent Law

Bank of America Patents: From Customer Loyalty to Cybersecurity and Social Networking

In this edition, we found a number of patent applications filed with the U.S. Patent and Trademark Office to protect technologies for customer loyalty rewards programs, including one innovative system for encouraging account holders to achieve long-term goals... Social networking platforms were at t...
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Published: 2014-12-03
Source: Chicago IP Litigation

Illinois Savings Clause Revives Third Party Claims

Fujitsu Ltd. v. Tellabs Ops., Inc., No. 12 C 3229, Slip Op. (N.D. Ills. Apr. 18, 2014) (Holderman, Sen. J.). Judge Holderman denied defendants (collectively Tellabs) Fed. R. Civ. P. 12(c) motion to dismiss two Fujitsu entities trade secret and other tort counterclaims based upon the relevant statute...
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Published: 2014-12-03
Source: IPWatchdog.com | Patents & Patent Law

Toward a More Favorable Patent System: European Patent Reform

Sherry Knowles: If a company identifies a weak patent now, it might file an inter partes review or post grant review at the U.S. Patent Office. Ten years ago I dont think any of us would have imagined that the best jurisdiction in the world to invalidate a patent would be the United States.
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Published: 2014-12-03
Source: IAM Magazine

REPORT: Draft patent law creates barriers to patent protection

Since Turkey joined the European Patent Convention in 2000, it has had a bifurcated system for national and European patents validated in Turkey. In order to harmonise procedures, a draft patent law amending Decree-Law 551 on the Protection of Patent Rights has been prepared. However, the latest ver...
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Published: 2014-12-03
Source: IAM Magazine

REPORT: CETA what does it mean for Canadian intellectual property?

Almost a year after an agreement in principle between Canada and the European Union, the official full text of the Canada-EU Comprehensive Economic and Trade Agreement (CETA) has now been released. In the IP domain, CETA stands to affect pharmaceuticals with respect to patent term restoration, appea...
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Published: 2014-12-02
Source: Creative Commons » Commons News

#SharingEveryday

#SharingEveryday December marks the time of year when many of us start thinking about making year-end gifts to our favorite charities, and #GivingTuesday has become one of the most popular days for donating. As youre thinking about which organizations youll support this year, we hope youll think abo...
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Published: 2014-12-02
Source: Creative Commons » Commons News

#SharingEveryday

#SharingEveryday December marks the time of year when many of us start thinking about making year-end gifts to our favorite charities, and #GivingTuesday has become one of the most popular days for donating. As youre thinking about which organizations youll support this year, we hope youll think abo...
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Published: 2014-12-02
Source: Trading Secrets

Has the Patent Fee Shifting Analysis of Octane Fitness Influenced Fee Shifting in Trade Secret Cases?

In TNS Media Research, LLC v. TiVo Research & Analytics, Inc., 2014 U.S. Dist. LEXIS 155914 (S.D.N.Y. Nov. 4, 2014), the Southern District of New York applied the Supreme Courts recent Octane Fitness decision in awarding awarded attorney fees to patent defendant Kantar. Octane Fitness v. ICON Health...
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Published: 2014-12-02
Source: The IPKat

Idenix v Gilead - Patent profoundly invalid

If you heard the sound of groaning on Monday morning, it was probably this Kats desk struggling to support the immensity of the latest offering of Mr Justice Arnold, adjudicating a leviathan struggle between Idenix and Gilead. The judgment isavailable here on BAILII, and the case is properly calledI...
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Published: 2014-12-02
Source: The IPKat

Unrest in Eponia as staff take to the streets

Merpel has just heard that European Patent Office employees are taking to the streets of Munich to express their extreme anxiety and disquiet at the state of governance of the office that, if things go according to plan, will soon be responsible for administering the unitary patent system that will ...
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Published: 2014-12-02
Source: The IPKat

Senior Trade Mark UBER Deluged by Phone Calls from Ride-Sharing UBERs Customers

Uber Technology is a ride-sharing company which allows users to book their urban trips using a proprietary app matching customers with available drivers. The drivers are not professionals but instead are private individuals supplementing their income by offering rides in their personal vehicles.The ...
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Published: 2014-12-02
Source: The IPKat

3G standard essential patent valid and infringed: irrelevant whether Vringo is a troll

With all Kats working flat out, its always a reliefto know that we have our friends who help us out from time to time. One such friend is former guest Kat andPatLitteam memberStefano Barazza, who is now Lecturer in Law in the Faculty of Business and Society at the University of South Wales. While bl...
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Published: 2014-12-02
Source: Dear Rich: Nolo's Intellectual Property

News Aggregation and Fair Use

Dear Rich: Were interested in aggregating entertainment news for a new app. Is there any formula to use to figure how much can you take from a news site.Sorry, but theres no way to quantify how much is too much. Its more helpful to look at thehandful of public disputes over news aggregators (website...
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Published: 2014-12-02
Source: Spicy IP

Pre grant opposition: Combination Antibiotics

Venus Remedies Ltd. (the applicant) filed an application for an invention titled Parenteral Composition Comprising Ceftriaxone and Vancomycin for Bacterial Resistance and Process of Preparation Thereof (Decision). This invention is directed to overcome resistance caused by Methicillin resistant Stap...
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Published: 2014-12-01
Source: Trading Secrets

Seyfarth Team Co-Edits and Co-Authors Prominent New Trade Secret Protection and Litigation in California Treatise

A Seyfarth team just finished co-editing and co-authoring a prominent new California trade secret treatise that is now available for purchase.Los Angeles trade secrets partner Robert Milligan co-edited and co-authored a chapter in the recently released Third Edition of Trade Secret Protection and Li...
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Published: 2014-12-01
Source: Creative Commons » Commons News

German appellate court upholds common-senseattribution

All six Creative Commons licenses require licensees to attribute the original creator. Although we provide guidelines for attributing a work, we also recognize that standards for how and where licensees should provide attribution vary a lot from medium to medium. Thats why CC licenses allow licensee...
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Published: 2014-12-01
Source: Creative Commons » Commons News

German appellate court upholds common-senseattribution

All six Creative Commons licenses require licensees to attribute the original creator. Although we provide guidelines for attributing a work, we also recognize that standards for how and where licensees should provide attribution vary a lot from medium to medium. Thats why CC licenses allow licensee...
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Published: 2014-12-01
Source: The IPKat

Those new European patent litigation rules: a report on the Oral Hearing on the 17th draft

This Kat is grateful to Dr Stephan Dorn(a lawyer with Hogan Lovells Int. LLP, Dsseldorf, Germany, who works with Dr Andreas von Falck in that firms Patent Litigation Department) . As he reminds us (as if we could forget), Europe is preparing for a major change in its patent litigation system, this...
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Published: 2014-12-01
Source: The IPKat

Monday miscellany

The cost of a name-change.From Christopher Morcom QC (Hogarth Chambers) comes an interesting observation. He writes:Readers of your weblog may have noted the recent publication by the Office for Harmonisation in the Internal Market (OHIM) of an Implementation Analysis on the Legal Reform[readhere, d...
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Published: 2014-12-01
Source: Trading Secrets

Proposed New Rules on Trade Secrets in Europe the European Commission Proposal on the Protection of Know-How

As a special feature of our blog special guest postings by experts, clients, and other professionals please enjoy this blog entry by Bartosz Sujecki, an attorney from Bavelaar Advocatenin the Netherlands,on the European Commissions proposed Directive to provide harmonized trade secret protections in...
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Published: 2014-12-01
Source: jiplp

Federalism and localisation in intellectual property law-making

Federalism and localisation in intellectual property law-making is the title of the December JIPLP guest editorial by Phillip Johnson (Professor of Commercial Law, Cardiff University). It reads like this:Had there been a Yes vote in the Scottish independence referendum on 18 September 2014 all sorts...
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Published: 2014-12-01
Source: The IPKat

VOLVO vs LOVOL: a visual dictionary in the consumer brain...?

Decisions that relate to Article 8(5) of Regulation 207/2009 on the Community Trade Mark (CTM)-- and the question of conceptual similarity -- and which are likely to develop this field of law further are far and few between.In CasesT-524/11andT-525/11(both of 12 November 2014) the General Court rece...
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Published: 2014-12-01
Source: jiplp

December JIPLP now out

The December 2014 issue of theJournal of Intellectual Property Law & Practiceis now available online for the benefit of the journals e-subscribers. You dont need to subscribe, though, if you wish to peruse the contents (below) -- and even if youre not a subscriber you can still purchase short-term a...
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Published: 2014-12-01
Source: The IPKat

Never too late! If you missed the IPKat last week

With this, the twenty-second weekly round-up of the previous weeks blog posts, brought to you by our noble and gracious friendAlberto Bellan, we tidy up our last batch of November blogposts. From now till Christmas and the New Year, the constant toll of office parties,hangovers, furious attempts to ...
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Published: 2014-12-01
Source: The Trade Secrets Vault

Jury rules for FLIR Systems in trade-secrets case

A jury decided favorably for FLIR Systems after Raytheon Corp. filed a lawsuit alleging that FLIR subsidiary Indigo Systems Corp. (now known as FLIR Commercial Systems) misappropriated trade secrets. A jury in U.S. District Court for the Eastern District of...
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Published: 2014-12-01
Source: The Trade Secrets Vault

Intel wants government to strengthen protection for trade secrets under IPR policy

Intel, the worlds largest manufacturer of computer chips, has called on the Indian government to strengthen protection for trade secrets under the intellectual property rights policy, raising concerns that the current regime is not strong enough. It has even asked...
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Published: 2014-12-01
Source: IAM Magazine

ARTICLE: Patenting software in China

As China pursues innovation-driven development, IP issues are under growing scrutiny. Multinationals would be well advised to protect their software by following best practice when it comes to applying for patents
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Published: 2014-12-01
Source: IAM Magazine

ARTICLE: IP lawyer: Australian court rules isolated gene sequences are patentable

The Full Court of the Federal Court of Australia has distanced itself from the position of the US Supreme Court and confirmed that isolated gene sequences do represent patentable subject matter in Australia
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Published: 2014-11-30
Source: IPWatchdog.com | Patents & Patent Law

The History of Software Patents in the United States

Software patents have a long history in the United States. Computer implemented processes, or software, has been patented in the United States since 1968... Originally in Benson, the Supreme Court decided that software was not patentable, but then later retracted the blanket prohibition against pate...
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Published: 2014-11-30
Source: Spicy IP

Patent Office Decision: Pre-grant Opposition on Traditional Knowledge

The Development Center for Biotechnology (a Taiwanese Company) filed a patent application on 16th November 2007 for an invention titled as A Pharmaceutical Composition And Process Thereof For The Preparation Of Plant Extracts For Treating Skin Disorders And Enhancing Healing Of Wounds (provisionally...
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Published: 2014-11-30
Source: Against Monopoly

Patents: From Blocks to Block Diagrams

In the previous post, we looked at an archetypal invention, the interpenetrated wall block building, from the point of view of claimless patents. Now lets try applying the principles developed there to the more difficult case of a real patent.The patent well look at is US 8,698,473, uninformat...
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Published: 2014-11-29
Source: Spicy IP

Pudin Hara Advertisement Dispute: A Fiery Duel-Time to Cool It?

The present case (here) deals with a trademark and copyright infringement dispute related to an advertisement campaign. Unlike traditional trademark cases, where the mark in issue is used on the product and literally in the course of trade, the marks in this case are used only in the advertisement a...
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Published: 2014-11-29
Source: IPWatchdog.com | Patents & Patent Law

Inventor Spotlight Alexei Novitzky, Inventor of The Skatecase

Avid skateboarder Alexei Novitzky was at the festival to display his unique invention. As a graduate student in the Mechanical Engineering program at USF, Alexeiwantedto solve his problem of needing to carry around a backpack in addition to his skateboard. For many students bicycles or scooters are ...
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Published: 2014-11-28
Source: The IPKat

Love the treatise, but what about those indices?

One thing that tends to happen when IP Kittens become hoary IPKats is that we do less and less hands-on legal research. This is particularly so when it comes to researching an issue in a multi-volume treatise. We become so reliant on talented young legal kittens that gradually the very tactile sensa...
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Published: 2014-11-28
Source: The IPKat

Never mind the Oreos and Black Friday: heres a readers cry for trade mark help

On the whole, this Kat enjoys all that is best about US cultureand has few problems with it. Yes, there are exceptions. He sees no basis for importingBlack Fridayinto a country that has no tradition for it and no Thanksgiving immediately preceding it, and he is definitely not enthusiastic aboutOre...
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Published: 2014-11-28
Source: The IPKat

Where in the world ...? Mercks clash over law governing coexistence deal

It is only a short time since this Katthunderedabout the awful consequences of parties entitled to use the same name not getting together to settle their differences by negotiation and mediation rather than litigation. Sadly, even when those parties do get together and sort things out between themse...
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Published: 2014-11-27
Source: The IPKat

Aldi and the likelihood of consumer confusion: a lesson in self-interest

Sadly this Kat, as is well known to readers of this weblog,is not the worlds most talented modern linguist. Accordingly he will occasionally grapple with a foreign language text but generally in order to be baffled by it. However, there are times when actions -- legal actions at any rate -- speak l...
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Published: 2014-11-26
Source: Creative Commons » Commons News

CC goes to #Mozfest2014

Creative Commons staff, affiliates, and supporters were active participants and contributors at this years Mozilla Festival, which has become an annual rallying point for the Open Web and our shared values. Our sessions covered a wide range of issues, from new technology, to open education and scien...
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Published: 2014-11-26
Source: Creative Commons » Commons News

CC goes to #Mozfest2014

Creative Commons staff, affiliates, and supporters were active participants and contributors at this years Mozilla Festival, which has become an annual rallying point for the Open Web and our shared values. Our sessions covered a wide range of issues, from new technology, to open education and scien...
Read more
Published: 2014-11-26
Source: The IPKat

From Earls Court to High Court: when litigation is far from Ideal

Left to oneself and without any knowledge of law,the typical sentient human being, being of sound mind and average judgement, might be prepared to assume that, when one business has been using its name since 1908 and another has been using the same name since 1920, it would be difficult to establish...
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Published: 2014-11-26
Source: SOLO IP for sole and small IP practices

A visit to CIPA towers with Darts-IP

I had a chance to see where CIPA allowNeil Lampert, our media guru, to chill out in CIPA towers today during the coffee break in the free training seminar (complete with mini-croissants, Belgian chocolates and 2 CPD points) given byDarts IP. I havepreviously discussedthe wonderful statistics you can...
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Published: 2014-11-26
Source: The IPKat

Wednesday whimsies

Far, far too slow.Readers of this weblog will recall that this Kat has been complaining endlessly about the absolutely unjustifiable amount of time that it takes before a contested Community trade mark application gets as far as a ruling on appeal to the General Court. Well, it seems that he is not ...
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Published: 2014-11-26
Source: jiplp

Failure to show breach of implied licence and secondary passing-off of airline goods by advertising agency

Author: Sophie Arrowsmith (Hamlins LLP)Orvec International Limited v Linfoots Limited[2014] EWHC 1970 (IPEC), 18 June 2014, Intellectual Property Enterprise Court (IPEC), England and WalesJournal of Intellectual Property Law & Practice(2014) doi: 10.1093/jiplp/jpu219, first published online: Novembe...
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Published: 2014-11-26
Source: IPWatchdog.com | Patents & Patent Law

How Thanksgiving Leftovers Lead to the Invention of LASIK

Sitting at the dinner table with his family on Thanksgiving in 1981, Srinivasan looked at his turkey dinner and a brilliant thought occurred to him: a leftover bone with cartilage would provide the perfect test subject. The cartilage and other tissues attached to the turkey bone could approximate th...
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Published: 2014-11-26
Source: Chicago IP Litigation

Lack of Local Rule 56.1 Support Prevents Summary Judgment

Panoramic Stock Images, Ltd. d/b/a Panoramic Images v. John Wiley & Sons, Inc., No 12 C 10003, Slip Op. (N.D. Ill. Sep. 2, 2014) (Feinerman, J.). Judge Feinerman granted in part plaintiff Panoramics partial summary judgment motion and denied defendant Wileys partial summary judgment motion as to Pan...
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Published: 2014-11-26
Source: The IPKat

Can you be liable for third-party copyright infringements if you offer password-free free internet access? New case referred to CJEU!

Smart idea?Via Katfriend and copyright aficionadoTom Ohta(Bristows) comes the news that a newdepressingexciting case has just been referred to everybodys favourite court,iethe Court of Justice of the European Union (CJEU).It isCase C-484/14McFadden, a reference for a preliminary ruling from CJEU-lov...
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Published: 2014-11-26
Source: The IPKat

Peppa Pig peppered with claims from Gabriella Capra

I would like to thank Chris Torrero for sending us the followingstory.The Italian news last week concerned one of Peppa Pigs cartoon friend, Gabriella Goat. Gabriella Capra, a 40 year old Italian business woman decided to sue the producers of the Peppa Pig cartoons for defamation and has asked for a...
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Published: 2014-11-25
Source: The IPKat

ECR-Award - BGH on the registrability of acronyms

A recently publisheddecision by the German Federal Supreme Court (BGH) concerning the registrability of acronyms as trade marks (case reference I ZB 64/13, ECR-Award, of 22 May 2014, seehere in PDF)was quite widely reported (here,here,here)by Germanlegal commentators since itindicates that the highe...
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Published: 2014-11-25
Source: Creative Commons » Commons News

The best community we could askfor

The best community we could ask for November 25, 2013, was a day we had looked forward to for years the official launch date of Version 4.0 of the Creative Commons licenses. But despite months of planning, something unexpected started to happen just after we hit publish: our website started to fail....
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Published: 2014-11-25
Source: Creative Commons » Commons News

The best community we could askfor

The best community we could ask for November 25, 2013, was a day we had looked forward to for years the official launch date of Version 4.0 of the Creative Commons licenses. But despite months of planning, something unexpected started to happen just after we hit publish: our website started to fail....
Read more
Published: 2014-11-25
Source: Director's Forum: A Blog from USPTO's Leader

USPTO Establishes Special Examination Unit for Pro Se Applicants

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeThe United States Patent and Trademark Office (USPTO) is committed to assisting inventors by offering education and tools to those who file U.S. patent applications without the help o...
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Published: 2014-11-25
Source: The IPKat

Wah-the-ley on Wah-way: a matter of Opinion

He is Melchior Wathelettoo ...The Opinion of Advocate General WatheletinCase C-170/13Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbHhas already attracted a lot of attention, not least because some good souls have rather forgotten that, while the Advocate General is a member of the Cour...
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Published: 2014-11-25
Source: Against Monopoly

Patents: Hamming It Up*

Every real thing that is made, if it is made by more than one person, involves instructions given from one person to another to describe what is to be made. Those instructions assume shared ideas and knowledge, which in total characterize the skill needed to give and receive them. Each instruction...
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Published: 2014-11-25
Source: The IPKat

In a flap about bats: when trade marked chiroptera come home to roost

It is well known to all felinesthat a bat is nothing other than (i) a flying mouse and (ii) an annoyingly named creature that rhymes with cat but precedes it in the alphabet. So when bats come to blows over their respective intellectual property rights, cats watch with detached amusement. Here, than...
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Published: 2014-11-24
Source: The Trade Secrets Vault

Halliburton acquires Baker Hughes and its trade secrets

By Francesca Buzzi This October, oilfield company Baker Hughes made a surprising announcement that the company would begin disclosing the contents of its frac fluid. Oilfield companies like Baker Hughes, Halliburton, and Schlumberger provide drilling and well completion supportincluding the...
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Published: 2014-11-24
Source: Patent Law Practice Center

Collateral Estoppel Prevents Reexam Claim from being Enforced

On November 19, 2014, the United States Court of Appeals for the Federal Circuit issued a decision in e.Digital Corporation v. Futurewei Technologies, Inc. e.Digital appealed from a judgment of non-infringement made by the U.S. Federal District Court for the Southern District of California. The dist...
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Published: 2014-11-24
Source: The IPKat

EPO video-conferencing: good for the planet -- but is it good for patent applicants too?

In recent times Merpel has become increasingly interested in the workings of the European Patent Office (EPO).This interest is not, as some might believe, confined to the political and financial dimensions of its operations, since Merpel has also taken quite a fancy to the EPOs functionality. In thi...
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Published: 2014-11-24
Source: The IPKat

Never too late! If you missed the IPKat last week

Never too late ...?In theunlikelysadly all-too-common event that you were so busy last weekthat the IPKats output somehow passed you by, you will be relieved thatAlberto Bellans diligent pursuit of the immediate past will help you catch up. Astound your colleagues with your grasp of current IP issue...
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Published: 2014-11-24
Source: The IPKat

Monday miscellany

Well done Neil.Fellow Kat and trade mark transactional guruNeil J Wilkof(for it is he) has just been elected to a three-year term of office on the International Trademark Association (INTA) Board of Directors. This is the first occasion on which a Kat has occupied such a position and we are sure tha...
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Published: 2014-11-24
Source: Chicago IP Litigation

Substantial Differences Doom Design Patent Claim on the Pleadings

Young v. Stone, No. 13 C 4920, Slip Op. (N.D. Ill. Aug. 28, 2014) (Guzman, J.). Judge Guzman granted defendants Fed. R. Civ. P. 12(c) motion to dismiss plaintiffs design patent infringement claim regarding defendants Putt-A-Round golf practice target. The patented design and the accused golf practic...
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Published: 2014-11-24
Source: The IPKat

Struggling to understand how to address a copyright infringement issue? Heres my checklist

If you are new to the enchanting world of copyright (say you are a student or a trainee who has just started his/her time in the IP department of a law firm), and you have to deal with issues of alleged infringement (say a problem question in an exam paper or the problem of an actual client), what c...
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Published: 2014-11-24
Source: Dear Rich: Nolo's Intellectual Property

Does TM Law Limit Supermans PD Reproduction?

Dear Rich: In another entry, you mentioned that there were public domain Superman strips. If someone published a book of the public domain Superman strips, would that be infringing upon Superman as a trademarked character? Or would it infringe (if at all) only if the book title included Superman? Wo...
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Published: 2014-11-23
Source: The IPKat

Cats and Bags? The importance of trade secrets protection -- and a conference

Confidentiality is a bit of a delicate issue for felines,since a metaphor that we consistently encounter when dealing with the protection of trade secrets is that of not letting the cat out of the bag. The metaphor is an apt one, however. As anyone who has had a cat will know, in the unlikely event...
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Published: 2014-11-21
Source: Creative Commons » Commons News

Bill & Melinda Gates Foundation to require CC BY for all grant-fundedresearch

Philanthropic foundations fund the creation of scholarly research, education and training materials, and rich data with the public good in mind. Creative Commons has long advocated for foundations to add open license requirements to their grants. Releasing grant-funded content under permissive open ...
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Published: 2014-11-21
Source: Creative Commons » Commons News

Bill & Melinda Gates Foundation to require CC BY for all grant-fundedresearch

Philanthropic foundations fund the creation of scholarly research, education and training materials, and rich data with the public good in mind. Creative Commons has long advocated for foundations to add open license requirements to their grants. Releasing grant-funded content under permissive open ...
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Published: 2014-11-21
Source: jiplp

Redskins marks cancelled: offensive to Native Americans

Author: Mira T. Sundara Rajan (Professor of Intellectual Property Law, CREATe and Glasgow Law School and Honorary Member, Magdalen College, Oxford)Blackhorse v Pro Football, Inc,TTAB Cancellation No 92046185, 18 June 2014, available at http://pub.bna.com/ptcj/TTABBlackhorseJune18.pdfJournal of Intel...
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Published: 2014-11-21
Source: Chicago IP Litigation

Settlement in First Does Not Bar Discovery in a Second Related Suit

Fasteners for Retail, Inc. v. Andersen, No. 11 C 2164, Slip Op. (N.D. Ill. Aug. 22, 2014) (Durkin, J.). Judge Durkin granted in plaintiff Fasteners for Retails (FFR) motion to enforce the parties settlement agreement against defendant K International (Kinder) in this patent, Lanham Act and trade sec...
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Published: 2014-11-20
Source: IAM Magazine

BLOG: A decade ago the EUs Community patent plans fell on the issue of fees. It must not happen again

Last week, in his regular commentary slot on developments affecting the EUs unitary patent and Unified Patent Court, Bristows partner Alan Johnson looked at the delay to the announcement of the fees relating to the patent. This week, he focuses on the reasons for the delay and wonders whether the ho...
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Published: 2014-11-20
Source: Dear Rich: Nolo's Intellectual Property

Can Someone App My Reading Program?

Dear Rich: I have written a reading program and created written materials as well as manipulatives that go with it. I have received a lot of questions from teachers as to whether I will make much of it into apps. Can someone create an app from my program without permission? I learned during my wr...
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Published: 2014-11-18
Source: Director's Forum: A Blog from USPTO's Leader

Patent Pro Bono Program Expansion to Benefit Inventors Nationwide

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeHelping small businesses and independent inventors with limited resources is an important goal of the USPTO, and supports the Administrations commitment to balance the playing field f...
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Published: 2014-11-18
Source: The Trade Secrets Vault

In Trade-Secrets Case, HP Ordered To Pay $6.5M to Security Company

A Delaware jury has ordered Hewlett-Packard Co. to pay $6.5 million in damages to a corporate security company for misappropriation of trade secrets, breach of the covenant of good faith and fair dealing, and defamation. The jury returned the verdict...
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Published: 2014-11-18
Source: The Trade Secrets Vault

Start-ups Lyft Sues Former Executive, Saying He Stole Trade Secrets

Lyft, a San Francisco-based hail-a-car start-up, filed a lawsuit on Wednesday evening against a former executive, arguing that he stole confidential company information in the weeks before he left the company. We are disappointed to have to take this step,...
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Published: 2014-11-18
Source: The Trade Secrets Vault

DPI releases RBA salary info marked confidential, trade secret

The North Carolina Department of Public Instruction has released to several media outlets including WWAY salary information submitted by a Leland-based educational management company for employees who work at four area charter schools even though it was submitted as confidential...
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Published: 2014-11-17
Source: Trading Secrets

Seyfarth Attorneys to Present Paper on Trade Secrets and Lawyer Mobility at AIPLA Trade Secret Summit

At some point in his or her legal education, every law student discovers one of the more strikingly unique rules about the profession that he or she aspires to enter. Unlike laws governing physicians, accountants, engineers, and virtually all other professions, rules governing the practice of law im...
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Published: 2014-11-17
Source: IP Spotlight

Yes or No

A method of providing advertising in connection with streaming media is not eligible for patenting, according to the latest decision of the Federal Circuit in the long-running Ultramercial v. Hulupatent saga. Ultramercials patent claimed a method of distributing media over Continue reading
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Published: 2014-11-16
Source: Creative Commons » Commons News

SciDataCon 2014Recap

Photo by Puneet Kishor published under CC0 Public Domain Dedication Earlier this month, CODATA and World Data System, both interdisciplinary committees of the International Council for Science, jointly organized SciDataCon, an international conference on data sharing for global sustainability. The c...
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Published: 2014-11-16
Source: Creative Commons » Commons News

SciDataCon 2014Recap

Photo by Puneet Kishor published under CC0 Public Domain Dedication Earlier this month, CODATA and World Data System, both interdisciplinary committees of the International Council for Science, jointly organized SciDataCon, an international conference on data sharing for global sustainability. The c...
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Published: 2014-11-15
Source: Against Monopoly

Patents: Claim Jumping

In the last post we proposed claimless patenting as an alternative to todays system of allocation. Lets fill in some details of how this could be done.Under this alternative system, a patent filing consists of a specification, which must contain at least a description of a working model impleme...
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Published: 2014-11-14
Source: The IP Law Blog

9th Circuit Agrees to En Banc Rehearing of Garcia v. Google, Inc.

In March 2014, this column analyzed a decision by a Ninth Circuit panel in Garcia v. Google, Inc., in which the Court held that an actress, who believed she was appearing in a minor role in an Arabian adventure movie, could maintain a copyright infringement claim against the producers when they used...
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Published: 2014-11-13
Source: jiplp

CJEU says that Member States may grant public libraries the right to digitize works in their collections

Author: Eleonora Rosati (e-LAWnora and University of Southampton)Technische Universitt Darmstadt v Eugen Ulmer KG,Court of Justice of the European Union, Case C-117/13, ECLI:EU:C:2014:2196, 11 September 2014Journal of Intellectual Property Law & Practice(2014) doi: 10.1093/jiplp/jpu215, first publis...
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Published: 2014-11-11
Source: IAM Magazine

BLOG: Indias patent policies may have to change for its companies to move forward

The latest figures released by the Indian patent office indicate that 74.5% of the applications it has received during the 2013-2014 period have been filed by foreign entities, the Times Of India reports. Although this represents something of an increase in thedomestic share, the continued dominance...
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Published: 2014-11-10
Source: Patent Law Practice Center

Willful Infringement Center Stage at Federal Circuit

TheUnited States Court of Appeals for the Federal Circuit recently issued a unanimous panel decision inHalo Electronics, Inc. v. Pulse Electronics, Inc.This decision may have more far-reaching implications for patent reform than any other decision reached by any court in recent memory. The issue of ...
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Published: 2014-11-10
Source: Trading Secrets

Dont Come to a Trade Secret Fight with a Patent Law Defense

In what is at heart a trade secret misappropriation case, some Patent Law periodically materializes, like the smile of the Cheshire Cat.This concept was evidenced by a recent case out of Texas. Bianco, M.D. v. Globus Medical, Inc., 2:12 CV 147 (E.D. TX 10/27/14).Dr. Bianco had an idea for a continuo...
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Published: 2014-11-10
Source: Chicago IP Litigation

Experts Do Not Prevent Summary Judgment of Design Patent Noninfringement

Voltstar Techs., Inc. v. Amazon.com, No. 13 C 5570, Slip Op. (N.D. Ill. Jul. 28, 2014) (Lee, J.). Judge Lee granted defendant Amazons motion for summary judgment of noninfringement of plaintiff Voltstars design patent to an electrical charger and denied Voltstars cross-motion for summary judgment. A...
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Published: 2014-11-10
Source: Dear Rich: Nolo's Intellectual Property

Upcycled Band T-Shirts Pulled from Etsy

Dear Rich: Can we revisit this topic of upcycling/repurposing of band t-shirts? Specifically relating to transformativeness and or derivative works relating to intellectual property and copyright infringements. Im curious how the laws or interpreting of laws have evolved around this topic since your...
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Published: 2014-11-09
Source: Against Monopoly

Patents: Clarity and Aimlessness Make...

In the last few posts, weve looked at ways to change how patent are examined and litigated -- by having people who know the field review them, and by actually testing their conformance to the standards they are supposed to meet. Now were going to get even more extreme, and look at changes in the fu...
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Published: 2014-11-09
Source: IAM Magazine

BLOG: Bessen and Meurer change their minds about trolls and render their previous, flawed work completely meaningless

Compare and contrast two statements. Lets start here:NPEs are individuals and firms who own patents but do not directly use their patented technology to produce goods or services, instead they assert them against companies that do produce goods and services.Now lets move to this one:Trolls are...
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Published: 2014-11-09
Source: Creative Commons » Commons News

The Voyager GoldenRecord

Voyager Golden Record Cover Explanation by NASA Jet Propulsion Laboratory NASA Jet Propulsion Laboratory. Licensed under Public domain via Wikimedia Commons The Voyager Spacecrafts are carrying with them sounds of the earth, of our civilization, recorded on a 12 gold plated copper disc, a golden re...
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Published: 2014-11-07
Source: The IP Law Blog

Attorneys Fees for Patent Infringement Easier to Obtain!

One of the more important intellectual property cases decided in 2014 is the U.S. Supreme Courts decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc. (2014) 134 S.Ct. 1749. In that case, the Supreme Court announced a new test for awarding attorneys fees in patent infringement cases, holdin...
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Published: 2014-11-06
Source: Creative Commons » Commons News

CC in a world of worthycauses

Creative Commons wasnt done after we created our first license suite, or even after hundreds of millions of licensed works were shared. The web is changing and so are the ways we get, share, and use content so were trying new things. One new idea is our mobile app, The List, supported by a prototype...
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Published: 2014-11-06
Source: IP Law Chat

Dispute Over Rights to Zorro Dismissed on Jurisdictional Grounds

A dispute over the rights to the nearly 100-year-old fictional character Zorro has been quietly dismissed on jurisdictional grounds by the Western District of Washington.According to thecomplaint, the Zorro character first appeared in 1919 in a story titled The Curse of Capistrano by Johnston McCull...
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Published: 2014-11-06
Source: Trading Secrets

Upcoming Webinar: Protecting Trade Secrets and Intellectual Property in Business Transactions

On Tuesday, December 2, 2014 at 12:00 p.m. Central, in the final installment of our 2014 Trade Secrets Webinar Series, Seyfarth attorneys Michael Baniak, Joseph Lanser and Randy Bruchmiller will focus on considerations involving protecting trade secrets and intellectual property in business transact...
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Published: 2014-11-05
Source: IAM Magazine

REPORT: Court decides milk bottle patent case without trial

The UK courts have the power to dispose of all or part of a case without a trial if there is no real prospect of success. In a decision upheld by the Court of Appeal, Alpla UK Limited has successfully made use of these powers, receiving a favourable declaration of non-infringement from the High Cour...
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Published: 2014-11-04
Source: SOLO IP for sole and small IP practices

The Professional Meeting

The Anti-Slavery Society Convention, 1840 by Benjamin Robert HaydonTomorrow (Bonfire night) there will bean Ordinary General Meeting of the Chartered Institute of PatentAgentsAttorneys. The agenda is essentially a vote to allow the entry of new members. The meeting is scheduled directly after the co...
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Published: 2014-11-03
Source: IP Spotlight

31220041_s

Private entities cannot be liable for patent infringementwhen performing quasi-governmental actions with the express or implied consent of the U.S. government, according to a recent decision of the U.S. Court of Appeals in Iris Corporation v. Japan Airlines Corporation(Fed. Cir. Continue reading
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Published: 2014-11-02
Source: Against Monopoly

Patent: Empirical Testing: Challenges and Benefits

In the previous posts we discussed the possibility of requiring applicants to prove that practitioners of the relevant art can, aided by the application, solve a problem that they could not solve without it. What are the challenges in implementing such an enterprise, and what do we get in return?...
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Published: 2014-10-31
Source: Copyfight

Eleventh Upholds Case-by-Case Infringement Review Concept

This month the 11th Circuit handed down a copyright decision on professors rights to make and use copies of material excerpting copyrighted books.The case involved three big houses (Cambridge U Press, Oxford U Press, and Sage) that sued Georgia State University over a policy that allowed copied exce...
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Published: 2014-10-31
Source: SOLO IP for sole and small IP practices

He who pays the piper dresses the worst

Does How You Dress and Look Impact Your Career? is the title of a LinkedIn Pulse post (A Must-Read for Jeremy) which, since I received it, has probably been received by most if not all of the readers of the SOLO IP weblog. Thanks to the growth of the social media and the increasing level of informal...
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Published: 2014-10-29
Source: The Trade Secrets Vault

Mayo Clinic Executive Accused of Stealing Trade Secrets

Mayo Clinic filed a lawsuit alleging misappropriation of trade secrets and breach of contract against Dr. Franklin R. Cockerill III, who was president and CEO of the for-profit Mayo Medical Labs for eight years. The case was filed Tuesday in...
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Published: 2014-10-29
Source: The Trade Secrets Vault

Top Agent Network Sues Zillow

Terry Garrison Housing Wire San Francisco-based Top Agent Network filed suit Monday in U.S. District Court for the Northern District of California against Zillow (Z), alleging theft of its proprietary trade secrets to create the highly touted Coming Soon feature....
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Published: 2014-10-29
Source: Patent Law Practice Center

Failure to Argue Waives Infringement on Proper Claim Construction

Recently, the Federal Circuit issued a decision in CardSoft v. Verifone, in which the Court overturned the district courts claim construction. Overturning a district courts claim construction is hardly unusual, and perhaps more typical than it really should be. What was unique about this particular ...
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Published: 2014-10-29
Source: IAM Magazine

REPORT: The value of a sound trademark

The worlds most valuable trademarks are APPLE ($98 billion), GOOGLE ($93 billion) and COCA-COLA ($79 billion). Not only does the standard word mark or logo of these brands represent great value to the balance sheet of the business, but certain sound trademarks may achieve even greater recognition an...
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Published: 2014-10-28
Source: SOLO IP for sole and small IP practices

Legal 500 or Famous Five? When the holiday option is best

Managing Intellectual Propertypublishes league tables for IP firms in different countries. Sole practitioners are unlikely to be mentioned. The more clients one has, the more likely it is that a number of clients will recommend one. One practitioner is likely to have fewer clients than two -- and tw...
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Published: 2014-10-28
Source: IAM Magazine

BLOG: Domestic patent applications drop again in Taiwan and that could be good news

The Taiwan IP Office (TIPO) saw the fifth consecutive quarterly drop in patent applications from domestic entities between April and June this year, the China Post reports.Despite retaining its top spot as Taiwans most prolific patent filer, Hon Hai Precision Industry (trading as Foxconn) submitte...
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Published: 2014-10-28
Source: SOLO IP for sole and small IP practices

The new approach to correspondence with the EPO earns 5 stars

Forgive me if you are already up and away with the delights of thenew case management system (CMS) from the EPObut if not here he is a brief review from a tentative user.In the past to file electronically with the EPO you needed their stand aloneon line filing application. Now this was a brilliant p...
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Published: 2014-10-27
Source: Dear Rich: Nolo's Intellectual Property

Speedy Scaffolding: Long Wait for Registration

Dear Rich: I wrote a book for contractors and in it I describe a unique and speedy way to erect scaffolding. I was going to self-publish the book but I wanted to wait until I get the copyright registration. The Copyright Office said that it could take up to eight months to process my application. Im...
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Published: 2014-10-27
Source: Against Monopoly

Patents: Testing 1-2-3

In the previous post, we considered the proposal that every patent filing ought to be tested to see if it provides the two complementary benefits of being non-obvious and enabling. Lets see how such a requirement might work.The idea is that every application to be examined shall be exposed to ...
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Published: 2014-10-24
Source: Patent Law Practice Center

False Statements to CAFC Lead to Attorney Discipline

Each year,PLI holds its annual Patent Litigation seminar. I will be speaking at theNew York Patent Litigation 2014program, which will take place from November 10-11, 2014. There will be an earlier presentation of the program in Chicago, IL, from October 6-7, 2014. In addition to discussing the relat...
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Published: 2014-10-24
Source: The IP Law Blog

What is and What Should Never Be: Led Zeppelin Not Feeling a Whole Lotta Love in Pennsylvania

On May31, 2014, members of the band Led Zeppelin and its publishers were sued for copyright infringement by Randy California, the former guitarist and front man of the band Spirit. The lawsuit, filed in the state of Pennsylvania, alleges that a significant portion of Led Zeppelins Stairway to Heaven...
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Published: 2014-10-23
Source: Dear Rich: Nolo's Intellectual Property

Let My Copyright Go: The 3D Moses

Michelangelos original 3D copyDear Rich: Im part of the open source 3D printer community and this question was posted to a forum hosting 3D designs. Someone photographed an exact replica of Michelangelos Moses at a local college. Someone else, using software, generated a 3D version of t...
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Published: 2014-10-21
Source: Dear Rich: Nolo's Intellectual Property

Can I Sell Clothing Made From Copyrighted Fabric?

silk fabric weaving circa 1914Dear Rich: This question pertains to copyright images on fabric bought from the store. There have been a lot of questions regarding this because of crafters listings being taken down from Etsy. I believe the ones being taken down are violating copyright by using importe...
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Published: 2014-10-20
Source: The Trade Secrets Vault

Law of Cards: COMC Alleges Beckett Has No Trade Secrets

The last time we checked on the Beckett v. COMC case, Beckett had requested permission to file an amended complaint to add a breach of contract claim against COMC. COMC opposed Becketts request, which I theorized was a COMC strategy...
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Published: 2014-10-20
Source: The Trade Secrets Vault

Protecting Trade Secrets in the Cloud

The business communitys growing use of cloud-based computing services provides great benefits due to cost-savings and mobile information access. However, business leaders should understand the risks of storing valuable trade secrets in the cloud. This article provides the business community...
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Published: 2014-10-20
Source: The Trade Secrets Vault

Convicted of Trade Secret Theft from Medical Technology Company in NJ

A former engineer for medical technology giant Becton Dickinson and Co. of Franklin Lakes was sentenced Thursday to 18 months in prison for stealing trade secrets from BD and another New Jersey company. U.S. Attorney Paul Fishmann said Maniar had...
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Published: 2014-10-20
Source: Dear Rich: Nolo's Intellectual Property

Can I Embed YouTube Video at For-Profit Site?

Judge PosnerSeventh CircuitDear Rich: Is it safe to embed YouTube videos in courses that are developed for-profit? The YouTube terms and service page indicates that the embed code they offer is designed to make sharing/embedding possible regardless of use.We noticed that your email was from Canada ...
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Published: 2014-10-20
Source: jiplp

The typical licence royalty rate: a time of change

Heres the Editorial for the November 2014 issue of JIPLP, which we are pleased to post in full and at no expense to readers of this weblog. For once, this is not a guest editorial but is actually written by the journals editor!The typical licence royalty rate: a time of changeThe Curies: garden shed...
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Published: 2014-10-20
Source: jiplp

November JIPLP now available online

The November 2014 issue of theJournal of Intellectual Property Law & Practiceis now available in full online to the journals e-subscribers. The full list of contents appears below and can also be accessedhere. If you dont subscribe to the journal but still wish to access any of the items below, you ...
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Published: 2014-10-19
Source: Against Monopoly

Patents: Does Empirical Mean Pertaining to Empires?

Non-obviousness and enablement are the two complementary aspects of the idea that a patent has social value: without the patent a person of ordinary skill cannot practice an invention, but with the patent they can. But how do we know if and when this is true?The answer is rather disheartening. ...
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Published: 2014-10-17
Source: SOLO IP for sole and small IP practices

S for Service

I am horrified to recall that it is now a whole fortnight since the famous Congress of the CharteredInstitute of Patent Attorneys broke up. The final event was a dazzling introduction of the CIPA Strategic Plan. As you can see from the picture this has caused the need for much study. The debate on t...
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Published: 2014-10-17
Source: jiplp

Blowing the whistle on copyright in public sculptures

Authors: Earl Gray and Raymond Scott (Partner, Simpson Grierson, New Zealand; Associate, Simpson Grierson, New Zealand)Journal of Intellectual Property Law & Practice(2014) doi: 10.1093/jiplp/jpu194, first published online: October 14, 2014Controversy surrounding two recent Fdration Internationale d...
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Published: 2014-10-16
Source: Patent Law Practice Center

When Patent Trolls ARE Innovators

The term patent troll conjures up all kinds of images and ideas, butwhat is a patent troll? Unfortunately, there is really no universally accepted definition of what a patent troll is, although if you are getting sued for patent infringement by a non-practicing entity, you probably think you are bei...
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Published: 2014-10-15
Source: Dear Rich: Nolo's Intellectual Property

What the Supreme Court Didnt Say About eBooks

Dear Rich: I recently received a takedown notice for posting free eBooks. Why do publishers still hassle people now that the Supreme Court has said its okay to digitize and scan books?Perhaps it occurred in a parallel universe ... but we dont find any caselaw from the Supreme Court that states its o...
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Published: 2014-10-12
Source: Against Monopoly

Patents: Whatever Happened to Peer Review?

%26lt;img src=http://www.enigmatic-consulting.com/IP_blog/PierReview1.png%26gt;Oooops, conceptual typo.%26lt;img src=http://www.enigmatic-consulting.com/IP_blog/PierReview2.png%26gt;Aaaack, blew it again.Third times the charm:%26lt;img src=http://www.enigmatic-consulting.com/IP_...
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Published: 2014-10-11
Source: SOLO IP for sole and small IP practices

WIPO go to Manchester to visit Sally Cooper

My thanks toWIPOandthe IPOfor coming to Manchester. WIPO in the persons of Mr Yo Takagi, Mr Victor Vazquez, Mr Michael Richardson and Ms Asta Valdimarsdottir, and the IPO in the persons of Mr Tom Walden, Dr Hazel Craven, Mr Mike Foley and Mr Gareth Woodman.Though the formal title for the Seminar was...
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Published: 2014-10-09
Source: Patent Baristas

IQPCs Global Patent Strategies Summit

Challenges abound with regards to litigation, outsourcing and monetization; and are currently increasing on a national and international level. It is essential to understand these issues in order to have an upper-hand in overcoming these obstacles. IP and patent professionals are planning to invest ...
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Published: 2014-10-08
Source: Patent Baristas

PatentStat.com to Rank Patent Attorneys and Patent Examiners

PatentStat.com is a new patent-related website that claims to usepeer-reviewed patent valuation methodologies to rank patent attorneys and to profile patent examiners. PatentStat uses comprehensive data-mining and cutting-edge analysis to help you choose the most appropriate patent attorney, and pro...
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Published: 2014-10-08
Source: jiplp

Federal Circuit rules that cloned animals are not patentable

Author: Eddy D. Ventose (School for Graduate Studies and Research, University of West Indies)In Re Roslin Institute (Edinburgh)Fed Cir 2014, 8 May 2014Journal of Intellectual Property Law & Practice(2014) doi: 10.1093/jiplp/jpu151, first published online: September 30, 2014The Federal Circuit has he...
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Published: 2014-10-07
Source: SOLO IP for sole and small IP practices

Lawyers: loyal, or lucky?

Results of the The 2014 Robert Walters Career Lifestyle Survey have now been published, though the email circular announcing them didnt have any obvious link to them. According to the circular:Legal professionals are more likely to stay with their employer for longer[especially when theyre self-emp...
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Published: 2014-10-07
Source: Dear Rich: Nolo's Intellectual Property

Beachbody is Coming After Me!!

Dear Rich: I am a stay at home mother of three children who was looking to earn a few extra dollars by reselling on eBay. I recently sold some Beachbody DVD sets on eBay that I acquired from a person on Craigslist. This person explained to me in writing by a text that these disk sets were a surplus...
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Published: 2014-10-06
Source: SOLO IP for sole and small IP practices

Where is all the patent work coming from?

Last week this blogger spoke at Sowing and Reaping, billed as a PCTea Party. This event marked the 10th anniversary of Michael FactorsIP Factorblog. Michael, in his inimitable style, has reported the whole thinghere. Most of the people who attended were either working for themselves or in small IP ...
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Published: 2014-10-06
Source: jiplp

Another batch of books to review

Asmentioned on Friday, JIPLP has a vigorous and proactive policy regarding book reviews, inviting suitable prospective reviewers to step forward and offer to review books within their field of expertise and asking them to return them if, within a fairly short time, they have not committed themselves...
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Published: 2014-10-06
Source: Dear Rich: Nolo's Intellectual Property

Prior Art Question

Dear Rich: I am testament to the quality of Pressmans Book Patent it Yourself. I submitted my patent application in 2013 and received my first Office Action Nov 14, 2013. I submited an Amendment to my Claims, prompting a Second Office Action on June 26, 2014. I spoke with my examiner and submited A...
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Published: 2014-10-06
Source: SOLO IP for sole and small IP practices

gTLDs: are patent and trade mark lawyers legal professionals?

This blogger has recently received an email circular from Minds + Machines regarding two of the no-doubt attractive but (in his opinion) troublesome and unnecessary generic top-level domains that readers of this and other IP blogs may be queuing up to throw their money at. It reads, in relevant part...
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Published: 2014-10-03
Source: jiplp

More books for review

JIPLP has a vigorous and proactive policy regarding book reviews, inviting suitable prospective reviewers to step forward and offer to review books within their field of expertise and asking them to return them if, within a fairly short time, they have not committed themselves to delivering a reason...
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Published: 2014-10-02
Source: jiplp

Do ask, do tell, do nothing: the EU Commission and all those copyright consultations

Do ask, do tell, do nothing: the EU Commission and all those copyright consultations is Deputy Editor Eleonora Rosatis editorial for the October 2014 issue of JIPLP, which we are delighted to reproduce below in full:Following the big wave of 1990s-early 2000s EU copyright reforms (Directive 2001/29/...
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Published: 2014-10-02
Source: jiplp

October issue available online

The October 2014 issue of theJournal of Intellectual Property Law & Practiceis now available in full online. A list of the contents of this issue features below. As usual, you dont have to be a subscriber in order to enjoy its articles and current intelligence notes -- you can access them on a payme...
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Published: 2014-10-01
Source: IP Spotlight

Jim Singer

Recent U.S. Patent and Trademark Officeactions relating to software patents have confused and frustrated many patent applicants.After the U.S. Supreme Courtpublished its opinioninAlice Corporation Pty Ltd. v. CLS Bank Intl,the USPTOs application of the Court decision to software inventionshas been C...
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Published: 2014-10-01
Source: SOLO IP for sole and small IP practices

a new role for the Treasury Solicitors Department (Bona Vacantia Division) ?

Sally Cooper is feeling compassionate.There are many good things in theOrphan works diligent search guidance for applicants published by the UK Government on 17th September 2014Its three key documents areOrphan works diligent search guidance : Film and sound andOrphan works diligent search guidance ...
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Published: 2014-09-30
Source: The Trade Secrets Vault

Can Your LinkedIn List Be a Trade Secret?

As a LinkedIn user, the decision concerning whether to share your entire list of connections with any individual connection can often implicate a number of strategic questions. As of May 2014, LinkedIn boasts 300 million users globally and access, or...
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Published: 2014-09-29
Source: SOLO IP for sole and small IP practices

Be Prepared for the UK IPO website migration

On the 6th October the UK Intellectual Property Office is scheduled to fall into line with other governmentThe original result of searching IP on www.gov.ukdepartments and feature only on .gov.uk. The ipo.gov.uk URL will be no more and instead we will be headed tohttps://www.gov.uk/government/organi...
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Published: 2014-09-29
Source: jiplp

A new President for GRUR

JIPLP is delighted to learn that DrGert Wrtenberger, founding parter of the law firm WrtenbergerKunze, Munich, has been elected as the new President ofGRUR.Subscribers with long memories will recall that, apart from his other contributions to the intellectual property community, Gert is a founder me...
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Published: 2014-09-26
Source: The IP Law Blog

Patents Must Provide Clear Notice of Their Scope

The patent laws require that the claims of a patent (which define the boundaries of what the patent owner can protect) particularly point out and distinctly claim the subject matter of the invention. 35 U.S.C. 112, 2. This requirement is referred to as definiteness. A patent that fails to satisfy t...
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Published: 2014-09-23
Source: The Invent Blog

USPTO First To File Roadshows

Via this USPTO webpage: The USPTO will be hosting seven half-day roadshows across the country during September-October 2014 to increase the understanding of the First Inventor to File (FITF) provisions of the America Invents Act (AIA). In prosecuting patent applications according to the FITF provisi...
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Published: 2014-09-22
Source: jiplp

David versus Goliath chocolate trade mark dispute: does size count when applying the concept of genuine use?

Author: Valentina Torelli (Salvador Ferrandis & Partners, Madrid, Spain)Reber Holding GmbH & Co KG v OHIM, Wedl & Hofmann GmbH,C-141/13 P, EU:C:2014:2089, Court of Justice of the European Union (CJEU), 17 July 2014Journal of Intellectual Property Law & Practice(2014) doi: 10.1093/jiplp/jpu175, first...
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Published: 2014-09-19
Source: jiplp

How is patent eligibility of computer-implemented inventions to be determined in the United States in view of Alice v CLS Bank?

Author: Susan Keston (HGF Limited)Alice Corporation Pty Ltd v CLS Bank International and others,Docket No 13-298, Supreme Court of the United States, 19 June 2014Journal of Intellectual Property Law & Practice(2014) doi: 10.1093/jiplp/jpu154, first published online: September 18, 2014The US Supreme ...
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Published: 2014-09-18
Source: IP Law Chat

SDNY Concludes That ReDigi Corporate Officers May Be Held Liable for ReDigis Copyright Infringement

Back in January 2012, Capitol Records filed a copyright infringement suit in the Southern District of New York against ReDigi Inc., which offered an online service allowing users to buy and sell digital music lawfully purchased from iTunes. I covered the case when it was originally filed (original p...
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Published: 2014-09-16
Source: Director's Forum: A Blog from USPTO's Leader

Expanded 2014 Edison Scholars Program to Focus on Litigation Issues

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeIm delighted to welcome our 2014 Thomas Alva Edison Visiting Scholars to the USPTO. The Edison Scholar program, whichbegan in 2012, enlists the services of distinguished academic rese...
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Published: 2014-09-15
Source: Director's Forum: A Blog from USPTO's Leader

USPTOs Plain Language Toolkit Empowers Public on Patent Litigation

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeFollowing President Obamas 2014 State of the Union call to curb abusive patent litigation, I joined with the National Economic Council and Secretary of Commerce Penny Pritzker to anno...
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Published: 2014-09-14
Source: jiplp

Beware of Predatory Publishers

Contributors to JIPLP sometimes email to say that they have been invited to write for often impressive-sounding journals of which they have never heard, and which offer to charge them for the privilege of publishing their work. These publications are appropriately termed predatory publishers. As Wik...
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Published: 2014-09-14
Source: The Trade Secrets Vault

Red Cross Reverses Stance on Sandy Spending Trade Secrets

In June Pro Publica reported that the Red Cross was resisting our request that the New York attorney generals office release information provided by the group on how it spent money after Superstorm Sandy, arguing that documents we sought contained...
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Published: 2014-09-14
Source: The Trade Secrets Vault

U.S. steel company files trade case over trade secrets

A U.S. steel company on Monday filed a petition with the U.S. International Trade Commission, seeking to block imports of some stainless steel products from India, Germany and Taiwan, claiming competitors are using stolen trade secrets. Valbruna Slater Stainless and...
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Published: 2014-09-14
Source: The Trade Secrets Vault

Senate Meeting on Trade Secret Federal Private Right of Action

Industry experts and academics advised on the legislation, which is pending in the U.S. House of Representatives and Senate and known as the Trade Secrets Protection Act of 2014 and the Defend Trade Secrets Act of 2014, respectively. The bills,...
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Published: 2014-09-14
Source: SOLO IP for sole and small IP practices

#AIPPI2014 Canada joins the 21st Century

I am writing this at an airport boarding gate on my way to Toronto for the AIPPI conference. I am mainly thinking trade mark issues as I contributed to the UK response on Madrid system central attack Question 239. You can findall the national Group reports here.Although Canada is hosting the confere...
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Published: 2014-09-10
Source: The Invent Blog

The use of characterized in that in claims filed in the United States

PCT Rule 6.3(b) states that: Whenever appropriate, claims shall contain: (i) a statement indicating those technical features of the invention which are necessary for the definition of the claimed subject matter but which, in combination, are part of the prior art, [and] (ii) a characterizing portion...
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Published: 2014-09-10
Source: jiplp

Karen Millen v Dunnes Stores: CJEU clarifies individual character requirement for Community designs

Author: Nina OSullivan (King & Wood Mallesons SJ Berwin, London)Karen Millen Fashions Ltd v Dunnes Stores, Dunnes Stores (Limerick) Ltd, C-345/13, EU:C:2014:2013, Court of Justice of the European Union, 19 June 2014Journal of Intellectual Property Law & Practice(2014) doi: 10.1093/jiplp/jpu153, firs...
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Published: 2014-09-09
Source: jiplp

Parody and damages for wrongful oppositions: two calls for articles

JIPLPs Readers and Writers Linked-In group is a forum for the exchange of ideas by contributors, readers and subscribers to theJournal of Intellectual Property Law & Practice.Right now it has 272 members and it has already been the source from which a number of articles have been inspired, commissio...
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Published: 2014-09-08
Source: jiplp

Septembers JIPLP now out

The September issue of theJournal of Intellectual Property Law & Practice(JIPLP) is now available in full, online, to its e-subscribers. The print version will be with subscribers in the near future, if they have not received it already. Heres a reminder to readers: you dont have to be a subscriber ...
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Published: 2014-09-07
Source: SOLO IP for sole and small IP practices

Grace Periods for Patent Applicants

Safety net byAndrew SkudderWe have been here before,last year when AIPPI decided to support the ideaand more recently when theUK IPO held a round table on the subject on 1 July 2014.Now the UK IPO is trying to decide which scenario to support and their relative desirability.We are offered various de...
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Published: 2014-09-04
Source: The Invent Blog

Upcoming USPTO Webinar: Patent Litigation Tool Kit

The USPTO has announced a new webinar entitled the PATENT LITIGATION ONLINE TOOL KIT: Main street business owners and consumers have received letters accusing them of using a patented invention, along with demands for money to settle the dispute. The USPTO will be hosting a webinar discussing the Pa...
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Published: 2014-09-03
Source: The Invent Blog

Patent Application Paragraph Numbering in Microsoft Word

Rule 1.52(b)(6) provides: Other than in a reissue application or reexamination proceeding, the paragraphs of the specification, other than in the claims or abstract, may be numbered at the time the application is filed, and should be individually and consecutively numbered using Arabic numerals, so ...
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Published: 2014-09-03
Source: SOLO IP for sole and small IP practices

So whose non-law job are you supporting?

This bloggers attention was riveted by a media release from the Law Society for England and Wales, which reads in relevant part:Every 100 legal services jobs support 67 more in the wider economyIn his first speech[which you can read in fullhere]as Law Society deputy vice-president, Robert Bourns tol...
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Published: 2014-09-02
Source: IP Spotlight

Electrode

Tohelpa patent attorney preparea patent application, inventors often provide a copy of a manuscript for an upcoming technical journal, research publication or white paper. The manuscript often goes into great detail to explainwhat features of the invention are essential, critical, Continue reading
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Published: 2014-08-29
Source: SOLO IP for sole and small IP practices

Diversity for Solos

TuftyWe have been having ever such fun over on twitter debating diversity in the patent profession. Our newest, youngest, most diverse CIPA council member,Simone Ferrarais concerned about the diversity of the profession. His interest was triggered by theBBC news post about the elitism in British soc...
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Published: 2014-08-27
Source: SOLO IP for sole and small IP practices

Background Copyright troubles Sally Cooper

From time to time I remember the essay question :Original research = intelligent plagiarism. Discuss. Particularly, it comes to mind whenever I come across disparate pieces of information and want to link them. The link in what follows is Sunday (day of the week) and buildings (or rather pictures of...
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Published: 2014-08-22
Source: SOLO IP for sole and small IP practices

Whither WHOIS ?

Sally Cooper writes again ..Summer is a time for Summer Newsletters and, in the present case, the excellentSummer Newsletter of Com Laudeis my inspiration.A new business will usually review available company names and available Domain Names before it reviews available trade marks. When considering l...
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Published: 2014-08-15
Source: IP Spotlight

Question

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 forpatenting software inventions, the question is becoming even more important Continue reading
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Published: 2014-08-14
Source: IP Law Chat

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 Clean Slate, 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 the clean slate, which Catwoman is told is capable of erasing all trace...
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Published: 2014-08-05
Source: Director's Forum: A Blog from USPTO's Leader

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. LeeThe USPTO remains committed to helping Americas inventors, small business owners, and entrepreneurs accelerate their innovative products and technologies to the marketplace. Earlier t...
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Published: 2014-07-29
Source: IP Litigation Blog

IP Litigator Philip Mann Named to 2014 Washington Super Lawyers List

IP Litigator Philip Mann Named to 2014 WashingtonSuper LawyersListNormally we dont toot our own horn but we are pleased and honored to announce that our founderPhilip P. Mann was recognizedin the 2014 WashingtonSuper Lawyersranking which lists the top attorneys in the state of Washington. The annua...
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Published: 2014-07-08
Source: IP Litigation Blog

Tyler Perry Snatches What Would Jesus Do Mark

....clearly.Ill avoid the rampant irony of taking a trademark around Jesus name and/or using The Lords name in vain for the sake of financial gain. (Isnt there something about that in the Bible?)Television/movie star and man-of-many-faces Tyler Perry successfully snatched away the mark: WHATWOULDJ...
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Published: 2014-07-07
Source: Intellectual Property Law Blog

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 plaintiffs unreasonable and prejudicial delay in commencing suit plays in relation to a claim of copyright infringement filed within the Cop...
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Published: 2014-06-23
Source: Director's Forum: A Blog from USPTO's Leader

Update on Our Satellite Offices

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeWelcome to the latest in aregular series of updateson the status of our satellite offices in Dallas, Denver, Detroit, and Silicon Valley. As you know, the Leahy-Smith America Invents ...
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Published: 2014-06-12
Source: Director's Forum: A Blog from USPTO's Leader

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. LeeWhen President Obama last year announced a handful ofexecutive actionsto build a better patent system, one of those actions focused on improving clarity in patent claims. The presiden...
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Published: 2014-06-10
Source: IP Litigation Blog

Hersheys Chocolate Wants to Kill Your Buzz

Hersheys Chocolate, Inc. filed suit (Case No. 2:14-cv-00815-RSL) for Trademark Infringement in U.S. District Court in Seattle againstConscious Care Cooperative(Seattle CCC), a Seattle company which describes itself as a non- profit cooperative that is dedicated to providing its members the highest ...
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Published: 2014-06-06
Source: Director's Forum: A Blog from USPTO's Leader

IT Modernization at the USPTO Drives Productivity and Creates New Jobs

Guest blog by Chief Information Officer John OwensInformation 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 b...
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Published: 2014-05-27
Source: Director's Forum: A Blog from USPTO's Leader

National Day of Civic Hacking 2014

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeThe 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, ...
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Published: 2014-05-13
Source: Director's Forum: A Blog from USPTO's Leader

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 PerlmutterIn our Green Paper onCopyright Policy, Creativity, and Innovation in the Digital Economy, the Department of Commerces Internet Policy Task Force promised to reach out to the public for input on a number of crit...
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Published: 2014-05-03
Source: IP Dragon

IEEM IP Seminar 2014 Macau/Hong Kong

The Institute for Globalisation and International Regulation (IGIR) of the Maastricht University, led by Professor Anselm Kamperman Sanders, has organized this year a IEEM IP Seminar 2014onTrade Secrets,Restrictive Covenants and the Knowledge Economy, Macau Cultural Center, May 19-20, 2014. Then Ma...
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Published: 2014-04-29
Source: Director's Forum: A Blog from USPTO's Leader

An Update on Our Satellite Offices

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeAs wevedone in the past, Id like to take a moment to fill you in on the status of our satellite offices in Dallas, Denver, Detroit and Silicon Valley. Having spent the last year leadi...
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Published: 2014-04-25
Source: Director's Forum: A Blog from USPTO's Leader

World IP Day

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeToday I had the opportunity todiscuss the importance of intellectual propertyduring a World IP Dayevent at the Benjamin N. Cardozo School of Law.I want to share my remarks with you th...
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Published: 2014-04-18
Source: Duncan Bucknell

duncanbucknell

fools are able to ruin a friendship but wise people know how to profit even from enmities. (Plutarch 46-120AD) You can do business so as to avoid bumping into other companies, or you can focus on your goals (and your strategy) and realise that inevitably, you are going to annoy others. You can belie...
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Published: 2014-04-17
Source: Director's Forum: A Blog from USPTO's Leader

Inspiring the Next Generation of Inventors

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeWhat do physicistCharles Hull, chemistRichard DiMarchi, and the late silver screen starHedy Lamarrhave in common? For one, they each patented inventions that revolutionized their indu...
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Published: 2014-03-30
Source: Contemporary Intellectual Property, Licensin

DMCA 512 may have some bite for copyright owners - but very small

Section 512 and the interpretation courts have given it have shifted too much of the burden to the rights owners.Every little step back to a better balance is welcome.In that spirit, the courts decision inColumbia Pictures Industries, Inc. v. Fung, 710 F3d. 1020 (9thCir.2013) is welcome.In Fung, the...
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Published: 2014-03-26
Source: Sharp Innovation

Chinese Paper Company Relies on IP to Gain 7.9 Billion RMB Loan

March 6, 2014:I recently learned of important news from the Province of Shandong in northern China. A Chinese paper company,Quanlin Paper(also known as Tralin Paper) has used its portfolio of patents and trademarks to secure a loan of 7.9 billion RMB (about $1.3 billion). The story was reported on M...
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Published: 2014-03-22
Source: Contemporary Intellectual Property, Licensin

Transformative fair use compared to transformative purpose infringement, some cases get this totally wrong including in Google Books

In Acuff v. Rose, 510 U.S. 569, 114 S. Ct. 1164 (1994), the Supreme Court set out the rule that transformative use (copying) of a small part of a work could be fair use even if done for commercial purposes (the case involved a parody). Since then, the idea of transformative fair use has been the mos...
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Published: 2014-03-14
Source: Director's Forum: A Blog from USPTO's Leader

Our Vision for 2014-2018

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K. LeeIm pleased to announce today the publication of the U.S. Patent and Trademark Offices2014-2018 Strategic Plan. We appreciate the helpful feedback we received on the draft we released ...
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Published: 2014-03-13
Source: Director's Forum: A Blog from USPTO's Leader

USPTO Submits its Fiscal Year 2015 Congressional Budget Justification

Guest Blog by Chief Financial Officer Tony ScardinoIm pleased to announce that the USPTO has published itsfiscal year 2015 Congressional Budget Justification. The USPTO budget is formulated every year to gain access to our agencys operational funds. Each year the USPTO submits a budget justification...
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Published: 2014-03-13
Source: Director's Forum: A Blog from USPTO's Leader

Calling on the Crowd to Help Increase Patent Quality

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle K.LeeProtecting and promoting our ideas-driven economy is essential to economic growth. By issuing patents for novel and non-obvious inventions, the United States Patent and Trademark Offic...
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Published: 2014-03-08
Source: IP Law Chat

Michael Jordan Defeats Supermarkets First Amendment Defense in Dispute Over Congratulatory Ad

In September 2009, Michael Jordan was inducted into the Naismith Memorial Basketball Hall of Fame, at which timeSports Illustratedproduced a special commemorative issue ofSports IllustratedPresentsdevoted exclusively to his legendary career. Jewel Food Stores--the operator of 175 supermarkets in and...
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Published: 2014-03-06
Source: IP Law Chat

Ninth Circuit: No Presumption of Irreparable Harm For Preliminary Injunctions in the Trademark Context & No Cause of Action for Contributory Cybersquatting Under the ACPA

As I slowly work through a backlog of cases, there are two trademark related cases from the Ninth Circuit in the not-too-distant past that are worth at least brief mentions.Herb Reed Enters., LLC v. Florida Entmt Mgmt., Inc., Appeal No. 12-16868 (9th Cir. Dec. 2, 2013):The first case involved a disp...
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Published: 2014-03-05
Source: IP Law Chat

Ninth Circuit Concludes That Trademark Registration Cancellation Claim Does Not Provide Independent Basis for Federal Jurisdiction

This isnt a case thats likely to draw you in with its tantalizing facts (at least as recited by the Ninth Circuit), so anyone interested in the facts can read the Ninth Circuits short and fairly concise opinion.But the Ninth Circuit did address an interesting question of law on which it admittedly h...
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Published: 2014-03-05
Source: IP Law Chat

Third Circuit Concludes That Courts Have No General Authority To Cancel Copyright Registrations

The Third Circuit recently addressed two issues of first impression in that circuit relating to two copyright issues: (1) when an authorship claim arises and accrues; and (2) whether courts have authority to cancel copyright registrations.Since the facts arent necessary to the Third Circuits answer ...
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Published: 2014-03-05
Source: IP Law Chat

Ninth Circuit Orders Google To Remove Innocence of Muslims Film Based on Copyright Claim of Actress

This opinion from the Ninth Circuit has created quite a stir and for good reasons, some of which are touched upon below.Cindy Lee Garcia was cast in a minor role for a film with the working title Desert Warrior, which she was told was an adventure film set in ancient Arabia. She received the four pa...
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Published: 2014-03-01
Source: Bob Brill patent IP lawyer with business sen

These Are a Few Patent-Ineligible Things

This post may especially interest people seeking insight into whether or not certain subject matter is eligible for patenting.The patent applications I handle are generallydirected toelectrical, computer, or mechanical inventions. Related to computers, the discussion below outlines the favorite thin...
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Published: 2014-02-24
Source: Director's Forum: A Blog from USPTO's Leader

Progress Continues in our Transition to an Improved Patent Classification System

Blog by Commissioner for Patents Peggy FocarinoWe remain hard at work implementing the Cooperative Patent Classification (CPC) system launched in January 2013. CPC, let me remind you, is a joint patent classification system between the USPTO and the European Patent Office that enables patent examine...
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Published: 2014-02-20
Source: Director's Forum: A Blog from USPTO's Leader

Building a Better Patent System

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Michelle LeeToday I had the opportunity to update the public on the USPTOs continuing efforts to support President Obamas initiatives to build a better patent system through his executive actions. I...
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Published: 2014-02-18
Source: IP Dragon

IP Dragon Teaches CPD Course in HK: Transnational Trademark Issues: Observations from a Century of Budweiser Conflicts

By Dr. Danny Friedmann In 2006 Professor Justin Hughes of Cardozo Law School wrote one of the defining articles on Geographical Indications: Champagne,Feta, andBourbon: The spirited debate about geographical indications, you can find hereand an excellent presentation here. In his presentation Profe...
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Published: 2014-01-13
Source: Sharp Innovation

Trade Secrets and Open Innovation

A culture that can protect trade secrets is vital for innovative companies. Such a culture becomes especially important in collaborative innovation efforts where failure to protect trade secrets can severely damage partners and the offending companys reputation.Chinese companies are increasingly rec...
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Published: 2014-01-13
Source: IP Dragon

Guest Post: International Patent Filing Strategy Survey for Patent Attorneys in Biotech and Pharmaceuticals

By Richard Schurman Dear IP Dragon readers, A Team of law students, who are members of the Intellectual Property law Fellowship at the Thomas Jefferson School of Law in San Diego, California, are working on a Research Project directed toward aiding patent attorneys in developing international pate...
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Published: 2014-01-07
Source: IP Dragon

Baidu In Search of Copyright Solutions After NCA Fine, and Lawsuits May Follow Suit

By Danny Friedmann Baidu Inc. and QVOD were each fined 250,000 RMB on December 27, 2013 for copyright infringement by the National Copyright Administration of China (NCA) and had to enjoin their infringing activities. The NCA started the investigation on November 19, 2013 after receiving complaints...
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Published: 2014-01-06
Source: Maryland Intellectual Property Law Blog

CES Convention Wont Showcase This Trove of Technology

Each year around this time, the biggest names in tech converge on Las Vegas at theannual International CES Show (Jan. 6-10), which organizers tout asa stagewhere break-through consumer electronics innovations are introducedto the marketplace. Wearable technology, tablet computers, and all the latest...
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Published: 2013-12-31
Source: Maryland Intellectual Property Law Blog

Classen v. King: Expanding Patent Laws Pharma Safe Harbor

InClassen Immunotherapies v. King Pharmaceuticals, et al.,No. 04-cv-3521 WDQ (D. Md 2013) (J. Quarles), the U.S. District Court for the District of Maryland denied Classens motion to reconsider the Courts previous (2006) grant of summary judgment that defendant Elan Pharmaceuticals did not infringe ...
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Published: 2013-12-31
Source: The Patent Librarians Notebook

U.S. Patent Statistics and Numbers for 2013

The USPTO issued 305,081 patents in 2013, an increase of 10.2 percent over 2012. The agency also published 347,148 utility and plant patent applications, an increase of 4.7 percent over the previous year. The total number of U.S. patent documents published in 2013 increased to 752,229, another all-t...
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Published: 2013-12-29
Source: The Patent Librarians Notebook

Tangle toy puzzle

A few days ago I took my four-year old daughter to get a flu shot. As a reward for being brave and not crying (too much) the nurse gave her a puzzle-toy called a Tangle(R). Turns out it was patented in 1985 (US 4509929) by Richard Zawitz. There are several interesting things about this toy. First, i...
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Published: 2013-12-29
Source: The Patent Librarians Notebook

Humble Egg Carton Invented by Canadian 100 Years Ago

Canadian newspapermanJoseph Coyleinvented the humble egg carton nearly one hundred years ago. Coyle was not the first inventor to tackle the problem of transporting eggs safely, but his carton design, which he patented in the US (US1269394) and Canada (CA181662) in 1918, was one of the most successf...
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Published: 2013-12-19
Source: The Patent Librarians Notebook

PatentScope Adds Canadian National Collection

An early Christmas present from the WIPO:PatentScopenow includes the Canadian national collection from ~1920 forward. No PDFs yet, it appears, but full text (based on OCR) is available for some patents. A few pre-1970s patents have IPC codes, so keyword searching may be required for some types of se...
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Published: 2013-12-06
Source: Intellectual Property Law Blog

$2.3 Million Trial Verdict Against Newegg

On November 25, 2013, the jury in TQP Development, LLC v. 1-800-Flowers.com, et al., U.S.D.C., E.D. Tex., No. 2:11-cv-00248-JRG-RSP, returned a $2.3 million verdict for plaintiff TQP Development, LLC (TQP) against Newegg, Inc. (Newegg) in TQPs suit for infringement of United States Patent No. 5,412,...
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Published: 2013-11-07
Source: Sharp Innovation

Tortoise Innovation: The Problem with Corporations (and Their Inventors) Hiding in a Shell

Many large companies take a tortoise approach to innovation and stay as hidden within their shells as possible, even some who advocate open innovation. Tortoise companies may have creative R&D staff, including many scientists doing good work, but they keep these inventors hidden in the shell rather ...
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Published: 2013-11-06
Source: Maryland Intellectual Property Law Blog

Book Review: Maryland IP Handbook

Patent, Copyright, Trade Secret, Right of Publicity, Trademark Handbook for Maryland Business and Litigation LawyersbyBrian Higgins, Peter Gunst, Dempsey Nash, Lawrence Sung, Eric Easton, Ned Himmelrich, Julie Rubin, and James Astrachan (editor), MSBA, 2013Though some might say my opinion is biased ...
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Published: 2013-11-06
Source: Sharp Innovation

Review: Prisoners of Hope: How engineers and Others Get Lift for Innovating

Prisoners of Hope: How Engineers and Others Get Lift for Innovatingby Larry Vincent is an unusual book on innovation that I found to be a refreshing guide to strengthening innovation with great practical value. Part of what makes this book unusual and, for some, perhaps highly challenging, is that i...
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Published: 2013-10-07
Source: Sharp Innovation

Chester Carlson and the Xerox Story: Do Great Inventors Really Have to Die Early and Lonely?

The photocopier, one of the most valuable inventions in the modern world, began with the all-consuming passion of one man, Chester Carlson, who sacrificed almost everything he had for years to realize his dream of dry printing using electrostatic means. In the end, he became wealthy and successful, ...
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Published: 2013-09-07
Source: Maryland Intellectual Property Law Blog

Classen v. Biogen: Excluding On-Going Patent Reexamination Evidence From Courts Claim Construction Analysis

InClassen Immunotherapies v. Biogen, slip op., No. WDQ-04-2607 (D. Md Sep. 5 2013)(J. Quarles), the U.S. District Court for the District of Maryland denied defendant Biogens request to introduce, as part of claim construction, evidenceof on-going reexamination of the patent-in-suit. Finding that ree...
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Published: 2013-08-27
Source: IP Law Chat

Framing Issue on Appeal Narrowly, Second Circuit Avoids Copyright Issues in Copyright Infringement Claim Arising From Amended Pleading Filed in Class Action

Unclaimed Property Recovery Service (UPRS) and Bernard Gelb were among the named plaintiffs in a class action in which Norman Kaplan was the plaintiffs attorney. According to the allegations in the later copyright infringement suit, Gelb conducted the research for the class action complaint, hired K...
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Published: 2013-08-27
Source: Bob Brill patent IP lawyer with business sen

Patents Involving Computer-Readable Media

This post may especially interest people seeking insights on the patenting of inventions involving computer-readable media. Refreshers My Handling of Patent Applications My practice involves handling of patent applications, also referred to as patent preparation and prosecution. Please note these ap...
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Published: 2013-08-27
Source: IP Law Chat

A Single Line From a Faulkner Novel Paraphrased in a Woody Allen Movie Not a Copyright Infringement, Court Concludes on a Motion to Dismiss

At issue in this litigation was Woody Allens movie,Midnight in Paris, and William Faulkners book,Requiem for a Nun, or, more specifically, quotes from the movie and the book.The quote from the book was: The past is never dead. Its not even past. The quote from the movie was: The past is not dead. Ac...
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Published: 2013-08-26
Source: The Patent Librarians Notebook

USPTO Adopts PDF for Patent Documents

The USPTO has adopted PDF as thedefault formatfor displaying patent documents from its databases, making it one of the last (if not last) of the major patent offices to switch to the worlds most popular document image format. Since 1998, viewing US patent documents obtained from the USPTO website re...
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Published: 2013-08-23
Source: IP Law Chat

Fourth Circuit Upholds Copyright Assignment Effectuated by Agreeing to Terms of Use Containing Assignment Provision

The parties to this case--Metropolitan Regional Information Systems and American Home Realty Network--are competitors in the real estate listing business.Metropolitan Regional operates a listing service compiling property listings and related information. Paying subscribers upload their real estate ...
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Published: 2013-08-15
Source: Groklaw

Apple v. Samsung I: Case Management Statement, Hearing Aug. 21 ~pj Updated

There will be a hearing inApple v. Samsung Iin Judge Lucy Kohs courtroom, Courtroom 8 on the 4th floor, on August 21 at 2:00 PM, so if any of you stalwarts can attend, that would be fabulous. You dont even have to wake up early.Whats it about? Didnt they just have a case management hearing in Apri...
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Published: 2013-08-07
Source: Groklaw

Apple, Motorola, ITC - Federal Circuit Remands - The Beat Goes On ~pj

The Federal Circuit has just ruled in Apples appeal of a final ruling of the ITC, which had ruled in Motorolas favor, overturning the ITC in part and remanding the case:Apple appeals from the final decision of the International Trade Commission (ITC) that the asserted claims of U.S. Patent No. 7,663...
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Published: 2013-08-03
Source: Groklaw

Six Pro-Viacom Amicus Briefs Filed in the 2nd Appeal in Viacom v. YouTube - Yup. Hollywood Still Wants to Control the Internet

There arent as many amicus briefs in thissecond Viacom appealas there were in the first, less than half, but there are six die-hards supporting Viacoms second appeal who have just filed their amicus briefs inViacom v. YouTube-Google. They dont understand the Internet. They hate the DMCAs Safe Harb...
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Published: 2013-07-28
Source: Groklaw

Samsung Tells the Court: USPTO Final Office Action Finds All 21 Claims of Apples 915 Patent Invalid ~pj Updated

Samsung has justnotified[PDF] the US District Court in Northern California that, according to another USPTO Final Office Action, Apples 915 patent has been found invalid on reexamination. All 21 claims of the 915 patent bit the dust, as you can see inExhibit A[PDF], the USPTO documents The issue i...
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Published: 2013-07-27
Source: Groklaw

Viacom Files A Second Appeal in Viacom v. YouTube/Google - Theyd Like a Trial and a Different Judge ~pj

Viacom cant seem to find a judge to agree with them that theDMCA Safe Harborshould be reinterpreted Viacoms way or that YouTube/Google, specifically, should lose its protection because of its conduct. Their war against Googles YouTube is into its 7th year, and Viacom still thinks that YouTube and ...
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Published: 2013-07-25
Source: Groklaw

Google Files Reply Brief in the Oracle v. Google Appeal - There Is Too a De Minimis Defense and Oracle Knows It ~pj Updated

Google has now filed itsReply Brief[PDF] in the appeal inOracle v. Google. This cross appeal is about alleged copyright infringement for copying by mistake 9 lines of rangeCheck code (out of millions of lines of code) and eight decompiled test files that never made it onto any Android device and wer...
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Published: 2013-07-15
Source: IP Litigation Blog

Why pay for the cow...

Thisinteresting articlein the New York Times regarding a so-called patent troll, raises the obvious question: If the patents are obviously no good and the claims of infringement clearly frivolous, how is it that supposedly top-notch lawyers must charge millions to show that to a judge?I found this s...
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Published: 2013-07-13
Source: Groklaw

The Future of IP Software, with Carl Hewitt

I think you guys will want to see this extraordinarily interestingtalk by Carl Hewitton YouTube. He talks about the future of IP software -- future as in when computers start filing patent applications. If there is no principled way to distinguish computation from human thinking -- then what? H...
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Published: 2013-07-09
Source: Groklaw

Samsung Asks For New Trial on Apples 381 Patent - New Evidence Has Been Discovered ~pj - Updated 4Xs

Samsung has justfiled a motionfor a new trial on liability inApple v. Samsungwith respect to Apples 381 patent. Thats the bounce back patent, which was used by Apple in the first trial in California, and the jury ruled that Samsung infringed that patent with 18 products. As you know, the two compa...
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Published: 2013-07-09
Source: The Patent Librarians Notebook

Roswell-Inspired Inventions

UFO enthusiasts and true believers are celebrating the 66th anniversary of the Roswell Incident, the alleged crash of an extraterrestrial spacecraft outside the small town of Roswell, New Mexico in July 1947. The event marked the start of a wave of flying saucer sightings around the world. Inventors...
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Published: 2013-07-09
Source: The Patent Librarians Notebook

USPTO Launches Global Patent Search Network

The USPTO has launched a new patent search system called theGlobal Patent Search Network(GPSN). Initial coverage includes Chinese published applications, patents, utility models from 2008 through 2011. Users can search patent documents in the English or Chinese language and retrieve full-text Chin...
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Published: 2013-07-05
Source: The Patent Librarians Notebook

Obit: Inventor of Computer Mouse, Douglas C. Engelbart

Douglas C. Engelbart, the inventor of the computer mouse,diedthis week at the age of 88. He patented his simple but highly innovative invention, called an X-Y Position Indicator for a Display System, in 1970. (US 3541541) Engelbarts invention helped launch the age of the personal computer. Millions ...
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Published: 2013-07-05
Source: Groklaw

Oracle Responds to Googles Appeal Brief - There Is No De Minimis Defense ~pj

Oracle has filed itsReply[PDF] to GooglesAppeal and Cross-Appeal Brief. Googles was in response to Oraclesopening appeal brief, so now the 3-section symphony of appellate briefs is complete. Next will come oral argument, and then a decision from the Federal Circuit Court of Appeals.I havent yet re...
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Published: 2013-06-24
Source: Science Progress.

Your Genes Not for Sale

The Supreme Court, in denying Myriad the ability to patent human genes, has reaffirmed that some discoveries are inventions worthy of private ownership and others are simply part of the laws of nature.
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Published: 2013-06-02
Source: The Patent Librarians Notebook

Statutory Invention Registration Abolished

On March 16, 2013, the Statutory Invention Registration was abolished under the provisions of the America Invents Act. The purpose of the SIR was to allow an inventor who did not wish to get a patent to disclose their invention in a published document, thus preventing others from patenting it. The U...
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Published: 2013-05-28
Source: Maryland Intellectual Property Law Blog

Book Review: Thesaurus of Claim Construction

Thesaurus of Claim Construction, byStuart B.Sofferand Robert C. Kahrl, Oxford University Press, 2013I keep a few dog-eared reference books within arms reach of my computer and work area, includingPleading Causes of Action in Maryland,the Federal Rules ofCivil Procedure,and a copy of the latest paten...
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Published: 2013-05-26
Source: Maryland Intellectual Property Law Blog

States Clarify Reach of Publicity Laws

The personas of comedians, movie stars, football players andnon-celebrities made appearancesinpublicity lawsuits this year. Noteworthy among many of the cases is the use by plaintiffs of publicity lawswhere principles of right of privacy and publicity clearly have no place. But part of thehistorical...
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Published: 2013-05-14
Source: Bob Brill patent IP lawyer with business sen

Qualifying for Reduced Patent Office Fees

This post presents practical information for determining when clients and prospectsqualify for reductions in payment of government fees for patent applications and patents in the US Patent and Trademark Office (USPTO). Size of Fees Absent qualifying for reduced fees, the default category of governme...
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Published: 2013-03-24
Source: Sharp Innovation

My Presentation at IP Counsel 2013: Shenzhen Station

March 19-20 was the5th IP Counsel Congressheld at Shenzhen, one of 3 2013 IP Counsel events in China managed by JFPS Group. This was their first year in Shenzhen, and I think it was highly successful. I think about 150 delegates from China and other nations were present, including IP leaders and inf...
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Published: 2013-02-17
Source: Maryland Intellectual Property Law Blog

Implementing New U.S. Patent Rules: Helpful Resources for Individuals, Corporations, and Universities

Changes in U.S. patent rules since September 2011, when the American Invents Act (AIA) was enacted, have altered patent application preparation, prosecution, and enforcement strategy. For many, however, the most sweeping patent law change is just around the corner, when the AIAs first-inventor-to-fi...
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Published: 2013-01-31
Source: Patentably Defined

The Nonobviousness of Simple Inventions

As regular readers of this blog know, I advocate using the USPTOs Manual of Patent Examining Procedure (MPEP) as primary authority during prosecution. This is by no means a per se rule, however. There are times when I find judicial authority more effective. One situation where judicial decisions hav...
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Published: 2013-01-26
Source: Maryland Intellectual Property Law Blog

Maryland Intellectual Property Lawsuits Sharply Up In 2012, Led By Surge in Copyright Cases

More than 150 intellectual property lawsuits were filed in Marylands federal district court in 2012, a 45% increase over 2011 levels, 75% ahead of 2010. If the individual number of actual plaintiffs and nominal counterclaim plaintiffs in cases with multiple parties are counted, 2012 will be remember...
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Published: 2013-01-22
Source: BlawgIT

Frequently Asked Questions About Patents

What is a patent? A patent is a legal document. It defines the scope of your invention. A patent allows you to prevent others from making, using or selling your invention without paying you. You can see what a patent looks like here. Is everything patentable? No. You cannot get a patent on ideas, ob...
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Published: 2013-01-17
Source: Bob Brill patent IP lawyer with business sen

Its Your Claim Set, Recite Nonobviously, You Should Want To

This post may especially interest people seeking insights on the protection of inventions through approval of patent applications filed in patent offices. Refreshers My Handling of Patent Applications As a friendly reminder, my practice involves handling of patent applications, also referred to as p...
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Published: 2013-01-01
Source: IPPT - Items

IPPT20120619, ECJ, CIPA v Registrar

Goods and services classification needs to be sufficiently clear and precise; use of general indications of class headings not precluded, but in principle specification of particular goods and services required.Permitted test case: actual lodged application for registration of trade mark and obje...
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Published: 2013-01-01
Source: The Patent Librarians Notebook

Jury Awards Carnegie Mellon University $1.16 Billion in Patent Lawsuit

A jury has awarded Carnegie Mellon University more than $1.16 billion in apatent infringement lawsuitagainst a tech firm based in Santa Clara, California. An appeal is expected, but if the verdict stands this could be the largest patent infringement award in U.S. history.
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Published: 2012-12-23
Source: Maryland Intellectual Property Law Blog

Maryland Court Denies Electronic Arts Fair Use Defense in Bouchats Latest Copyright Infringement Case

InBouchat v. NFL et al., the U.S. District Court for the District of Maryland considered Defendants respective motions for summary judgment based upon their copyright fair use defenses (17 U.S.C. Sec. 107). In doing so, the Court granted Defendants NFL Enterprises LLCs and Baltimore Ravens L.P.s mot...
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Published: 2012-12-17
Source: The Patent Librarians Notebook

China Leads US in Patent Applications

In 2011 China surpassed the US in patent application filings, according todatacompiled by the World Intellectual Property Organization and reported inthe Economist. The State Intellectual Property Office of the Peoples Republic of China (SIPO) received 526,412 applications in 2011, compared to sli...
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Published: 2012-11-25
Source: Maryland Intellectual Property Law Blog

Book Review: Keeping Secrets - A Practical Introduction to Trade Secret Law and Strategy

Keeping Secrets A Practical Introduction to Trade Secret Law and Strategy, by Darin W. Synder and David S. Almeling, Oxford University Press, 2012Some forms of intellectual property make headlines from time to time, like the recent Apple v. Samsung patent spat involving smart phone technology, and ...
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Published: 2012-10-19
Source: The Patent Librarians Notebook

Swiss Patent Office Adopts CPC

As of Jan. 1, 2013, theSwiss Patent Officewill classify patents using the CPC.This might be the first office (except for the EPO and USPTO) to officially adopt the CPC as its national classification.
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Published: 2012-10-17
Source: IP Litigation Blog

I Resemble That Remark

It is always amusing to watch the intellectual gymnastics of clever people trying to defend the intellectually indefensible. Seventh Circuit Appellate JudgeRichard Posnerr recent, article, Patent Trolls Be Gone(You talkin to me, Judge?) is entertaining in this regard, as we watch the good judge try ...
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Published: 2012-09-22
Source: Bob Brill patent IP lawyer with business sen

Technology in Your Invention to Allow Patenting of Your Method

A recent inquiry led to my preliminary review of patenting of methods in connection with patent eligibility in the USPTO. As outlined below,the USPTO will look for technology in your invention to allow patenting of your method. Method or Business Method, Choose One Business methods have attracted at...
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Published: 2012-09-17
Source: IPPT - Items

IPPT20120719, ECJ, Pie Optiek v Bureau Gevers

Contractual partner who is solely authorised by proprietor trade mark to register eu-domain name, but not authorised to commercial use, is not a licensee of prior rights for purposes of eu-domain name registration
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Published: 2012-09-17
Source: IPPT - Items

IPPT20120712, ECJ, Solvay v Honeywell

Possibility of irreconcilable judgments (article 6 EEX Convention) if companies are each separately accused of infringement of same national part of European patent with same product. Exclusive jurisdiction regarding validity does not preclude special jurisdiction regarding interim measures
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Published: 2012-09-17
Source: IPPT - Items

IPPT20120705, ECJ, Geistbeck v Saatgut

Reasonable compensation in case of infringement variety right equivalent to C-licence: fee payable in the same area for production under licence of propagating material of same variety. Reasonable compensation does not include costs incurred for monitoring compliance
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Published: 2012-09-16
Source: IPPT - Items

IPPT20120524, ECJ, Lindt v OHIM

Ruling on proper grounds that sign consisting of shape of a rabbit with red ribbon is devoid of any distinctive character. Registrations already made in Member States may be taken into account, but OHIM under no obligation to follow national assessments in relation to Community trade mark
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Published: 2012-09-16
Source: IPPT - Items

IPPT20120524, ECJ, Formula One v OHIM

General Court has incorrectly ruled in opposition proceedings that F1 element in national trademark is generic, descriptive and devoid of any distinctive character. Validity of national trade marks not to be questioned during opposition proceedings Community trade mark. Distinctive character nationa...
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Published: 2012-09-16
Source: IPPT - Items

IPPT20120510, ECJ, LOral v OHIM

Actual and present harm to mark is required, which can be based on prima facie evidence of a future risk, which is not hypothetical. Reputation of the trade mark Botox with respect to each of the categories comprising the relevant public. Reputation examined in relation to the entire territory of th...
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Published: 2012-09-02
Source: Maryland Intellectual Property Law Blog

Review: Rosetta Stone and Google Battle Over AdWords

In a highly anticipated decision from the Fourth Circuit Court of Appeals involvingRosetta Stonestrademark infringement suit againstGoogleconcerning Googles sale ofAdWords(Rosetta Stone v. Google, No. 10-2007 (4th Cir. 2012)), the Fourth Circuit affirmed in part, vacated in part, and remanded to the...
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Published: 2012-07-22
Source: Maryland Intellectual Property Law Blog

Examining U.S. District Court Reversal Rates in Maryland Patent Cases

The number and percentage of appealable issues reversed by the U.S. Courts of Appeals may suggest many things, including how well U.S. District Court judges are doing adjudicating those issues. In patent cases, reversal rates for claim construction issues have been well documented (Schwartz,107 Mich...
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Published: 2012-07-10
Source: The Patent Librarians Notebook

Canadian Invents Device to Help Cystic Fibrosis Patients Breath

Interestingstoryabout a Canadian man suffering from cystic fibrosis who patented a device that helps him breath. His patents for a chest vibrating device includeUS7416536(B2)andCA2563723(C).Medical devices are a bit more challenging to commercialize because they require the approval of various gover...
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Published: 2012-07-04
Source: The Patent Librarians Notebook

Happy 4th of July!

Tonight millions of Americans will enjoy firework shows in celebration of Independence Day. Millions more may even set off a few firecrackers and bottle rockets in their backyards. Many of these pyrotechnics can trace their origins to designs patented decades ago. Patents for fireworks and other pyr...
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Published: 2012-07-04
Source: The Patent Librarians Notebook

RIMs Troubles and Canadian Patents

Reports of RIMs demise may be premature but the companysprecarious situationmight be a concern for officials at the Canadian Intellectual Property Office. For the better part of a decade, RIM has been one of CIPOs best customers; since 2005-2006 it has consistently ranked as thetop patent applicanti...
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Published: 2012-07-04
Source: The Patent Librarians Notebook

USPTO satellite offices; European patent moves forward

Big patent news from Europe and the US:The USPTO is planning to openthree new satellite officesin Dallas, Denver and Silicon Valley, bringing the total number of regional offices to four. The first USPTO satellite office will open in Detroit on July 13. By coincidence, July 13 is also the 176th anni...
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Published: 2012-06-09
Source: Bob Brill patent IP lawyer with business sen

Business Wins Can Boost Patent Prospects

InMintz v. Dietz & Watson, Inc.(Fed. Cir. May 30, 2012), the Federal Circuit found, inter alia, the district court had made a clear error in not considering or making any findings as to Mintzs evidence showing objective indicia of nonobviousness for a patented inventionwhose claims were directed to ...
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Published: 2012-06-07
Source: Patentably Defined

The Analogous Art Requirement and How to Traverse Obviousness Rejections Based on Non-Analogous Art

INTRODUCTION The provisions of 35 U.S.C. 103 limit patent protection to claimed subject matter that would have been nonobvious to a person of ordinary skill in the claimed field of endeavor at the time of filing. This person of ordinary skill is a hypothetical construct an ordinarily skilled artis...
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Published: 2012-05-01
Source: Maryland Intellectual Property Law Blog

Government Issues More Patent Secrecy Orders

More than 5,200 U.S. patents were subject to at least one Secrecy Order by the end of fiscal year 2011, government statistics obtained through the Freedom of Information Act reveal (source: FAS.org). The U.S. Patent & Trademark Office issues Secrecy Orders upon recommendation by various U.S. govern...
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Published: 2012-04-25
Source: Maryland Intellectual Property Law Blog

Kappos v. Hyatt: Supreme Court Rules That New Evidence May Be Introduced In District Court Suits Brought Against Patent Office in Rejected Patent Application Cases

This article was authoredby Jay Lessler, Esq., of Blank Rome LLPThe Supreme Court on April 18, 2012, held inKappos v. Hyatt, slip no. 10-1219, that new evidence, as permissible under the Federal Rules of Evidence (FRE) and the Federal Rules of Civil Procedure (FRCP), may be introduced in a civil sui...
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Published: 2012-04-24
Source: Bob Brill patent IP lawyer with business sen

How Appeals Board Is Viewing Prior Art Anticipation for Patent Claims

This post may especially interest people who seek protection of inventions through application to patent offices. Upstream Handling of Patent Applications My practice involves handling of patent applications, also referred to as patent preparation and prosecution. Please note these applications are ...
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Published: 2012-04-18
Source: Maryland Intellectual Property Law Blog

Caraco Pharmaceutical v. Novo Nordisk: Supreme Court Rules that Generic Pharmaceutical Companies can Counterclaim in Patent Cases to Correct Use Codes

This article was principally authoredby Jay Lessler, Esq., of Blank Rome LLPThe U.S. Supreme Court ruled on April 17, 2012, inCaraco Pharmaceutical Labs. Ltd. v. Novo Nordisk A/S, slip no.10-844, that a generic pharmaceutical manufacturer can counterclaim in a patent infringement action to have a us...
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Published: 2011-12-10
Source: patent circle

Compulsory licensing: some thoughts!

For some time now, we have been reporting on compulsorylicensing case filed by Natco Pharma with respect to IN215758 for anti-cancerdrug Nexavar marketed by Bayer. Natco mainly relied upon on the issues of (1)excessive pricing, (2) non-working of patent, (3) limited circulation ofpatented produc...
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Published: 2011-11-18
Source: patent circle

Nexavar: Compulsory license will severely impact global pharma companies

In what can be described as a major concern forthe global pharma companies, Hyderabad-based Natco Pharma has triggeredstatutory compulsory licensing provision under S. 84 of the Patents Act, 1970to manufacture and sell a generic version of Bayers patented anti-cancer drugNexavar, generically sor...
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Published: 2011-11-18
Source: patent circle

An act to streamline, harmonize US patent law

On September 16, 2011, the US President Barack Obama signed theLeahy-Smith America Invents Act enacting it into law that is widely perceivedas a reform to foster innovation and stimulate US economic growth bystreamlining, harmonizing the US patent process. The new law will speed up thepatent pr...
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Published: 2011-11-05
Source: patent circle

Glivec patent dispute: the case so far Part II

Round Two: Madras High CourtContinuing from our earlier post where we discussedrejection of beta-crystalline imatinib mesylate application by the MadrasPatent Office under S. 3 (d), we will now focus on round two where Novartisapproached the Madras High Court challenging constitutional validi...
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Published: 2011-10-03
Source: patent circle

Glivec patent dispute: the case so far Part I

The high-profileGlivec patent dispute in which Novartis challenged the Madras (Chennai) Patent Office decision ofrejecting its patent application for beta-crystalline version of imatinibmesylate under vaguely interpreted S. 3 (d) is now been heard in the SupremeCourt of India. The dispute has be...
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Published: 2011-09-23
Source: patent circle

Novartis Sues Macleods Over Famciclovir Patent

Novartis has lately filed a civil lawsuit against the Mumbai-based generic manufacturer Macleods Pharmaceuticals Limited for infringement of US Patent No. 5,866,581 listed with the Orange Book for Famvir tablets, generically Famciclovir. The lawsuit is filed in the US District Court for the District...
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Published: 2011-09-23
Source: patent circle

Novartis loses DULERA patent in India

Earlier this month, the Swiss Multinational Novartis lost DULERA post-grant opposition to Mumbai-based Cipla as the Chennai Patent Office revoked Indian Patent Number 202350 on the ground of obviousness/lack of inventive step. The 350 patent protecting FORMOTEROL FUMARATE and MOMETASONE FUROATE inha...
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Published: 2011-09-23
Source: patent circle

Cipla knocks down key patent blocking i-pill

In another post-grant opposition decided earlier this month, the Mumbai Patent Office revoked Indian Patent Number 202297 issued to Richter Gedon protecting emergency contraceptive pill containing 1.5mg Levonorgestrel, the active ingredient of Ciplas money spinner i-pill (recently sold to Piramal He...
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Published: 2011-09-23
Source: patent circle

Application for contraceptive drug Yasmin refused in pre-grant opposition

The Chennai Patent Office lately refused the Application No. IN/PCT/2002/410/CHE filed by Bayer Schering Pharma, AG claiming contraceptive formulation of drospirenone and ethinylestradiol (EE) marketed as Yasmin and Yaz/Yasminelle in Europe and the US. The Application was refused after Bayer failed ...
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Published: 2011-09-23
Source: patent circle

Application for telavancin hydrochloride refused under S.15

The Delhi Patent Office lately refused the Application Number 1770/DELNP/2006 filed by Theravnce, Inc. claiming hydrochloride salt of antibacterial drug Telavancin. The Application was refused on the grounds of lack of novelty and inventive step and not patentable under S.3 (d). Complete review of t...
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Published: 2011-09-23
Source: patent circle

Patent for anti-hypertension combination drug Valturna revoked

The Indian Patent Office lately revoked the Patent Number IN212199 issued to Novartis claiming single-pill combination of aliskiren and valsartan marketed as Valturna. The patent was revoked after Novartis failed to overcome the post-grant opposition filed by Sun Pharmaceuticals Ltd. The decision is...
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Published: 2011-09-23
Source: patent circle

Application for dabigatran polymorphic form II refused under S.15

The Delhi Patent Office lately refused the Application Number 924/DELNP/2006 filed by Boehringer Ingelheim claiming polymorphic form II of anticoagulant drug dabigatran etexilate mesylate, marketedunder the brand namePradaxa. The Application was refused on the grounds of lack of inventive step and n...
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Published: 2011-09-23
Source: patent circle

Patent Office continue refusing pharmaceutical formulations under S.3 (d) and (e)

The Delhi Patent Office lately refused the Application Number 4015/DELNP/2006 filed by Warner Lambert claiming topical formulation of Pfizers potential potassium channel opener UK-157147 for the treatment of alopecia, which got discontinued in phase II trials. The Application got refused on the grou...
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Published: 2011-09-14
Source: Trademark Law Briefs

Court Clarifies Statutory Damages Cap in Contributory Infringement

Lous Vuitton Malletier S.A. v. Akanoc Solutions, Inc. et al., 2011 U.S.App. LEXIS 18815 (9th Cir. 2011)Malletier sued the server hosts of websites that sold counterfeit goods in the US. At jury trial, all defendants were found guilty of contributory copyright and trademark infringement.* The jury a...
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Published: 2011-09-14
Source: Trademark Law Briefs

No more presumption of irreparable harm for trademark preliminary injunctions

Two recentNorthern District of California cases have applied the new Winter preliminary injunction standardin the trademark context.Before 2008, the plaintiff in a trademark infringement case was entitled to a presumption of irreparable harm upon a showing of likelihood of success on the merits. Bu...
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Published: 2011-08-09
Source: Trademark Law Briefs

Look and Feel of trade dress must be plead specifically

Keep A Breast Foundation v. The Seven Group, 2011 US Dist. LEXIS 83004 (S.D. Cal.)Plaintiff sued defendant for trademark infringement, including claims based on trade dress and California unfair business practices. Defendant moved to dismiss these claims. The court granted in part and denied in par...
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Published: 2011-08-08
Source: Contemporary Intellectual Property, Licensin

Trademarks used functionally and not as a mark

Trademark law gives the mark owner a right to protect against conduct that is likely to create confusion about sources or sponsorship of a product or service.But trademark law does not give the mark owner control over all use of the image, word, or phrase that constitutes its mark. Volumes of report...
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Published: 2011-06-23
Source: Trademark Law Briefs

Apples future products not relevant for preliminary injunction based on current products

Apple Inc. v. Samsung Electronics Co., 2011 U.S. Dist. LEXIS 65679Apple sued Samsung for trade dress infringement on its iPhone and iPad product line. Apple sought expedited discovery before a hearing for a preliminary injunction. Samsung asked for reciprocal expedited discovery. While the court ag...
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Published: 2011-06-21
Source: The Prior Art

Hangover Cure: Warner Bros. Settles Copyright Suit Over Tyson Tattoo

By Andrew Goldberg It looks like the tattoo on Ed Helmss face in The Hangover Part II is there to stay after all. Warner Bros. has inked a deal to settle the copyright infringement suit brought by S. Victor Whitmill,...
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Published: 2011-06-17
Source: Trademark Law Briefs

Keywords analysis requires more than application of the Internet Troika

Network Automation, Inc. v. Advanced Systems Concepts 638 F.3d 1137 (9th Cir. 2010)Some more direction on keyword cases. Both companies sell directly competing software programs. Network Automation used Advanced Systems registered trademark as a keyword for sponsored link advertisements for its own...
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Published: 2011-06-10
Source: The Prior Art

This Week in IP: Apps, Tats, and Patent Reform Hits a New Snag

By Andrew Goldberg Apple Steps in for App Developers Good news for app developers and iPhone users! Apple has decided to intervene on behalf of the seven iOs app developers sued for patent infringement by Texas-based patent-holding company Lodsys. In...
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Published: 2011-04-15
Source: Sharp Innovation

Intellectual Assey Strategy That Leads Innovation

The primary problem with most IP management efforts is that they are reactive only. These systems typically focus on incoming invention disclosures and existing patent applications, leading to recommendations on which disclosures to file, which countries to file in, and which existing applications t...
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Published: 2011-04-11
Source: Trademark Law Briefs

A party can challenge the lawfulness of prior users use where prior user fails to follow labeling laws related to the product

The Wine Group LLC v. L and R Wine Company, 2011 U.S. Dist. LEXIS 35405 (E.D. Cal. 2011)After Plaintiff, TWG, sued defendant, LR, for trademark infringement, LR brought a counterclaim for cancellation of TWGs registration based on priority of use. TWG answered with an affirmative defense thatLRs us...
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Published: 2011-04-11
Source: Sharp Innovation

Conducting Innovation Sessions to Generate IP: Preparation is the Key

AtInnovationedge, one of my favorite activities is working with a team in what we call an Edge Session to create new intellectual assets. Its not not brain storming, where a flood of bad ideas are welcome, but an iterative process in which the goal is enabled, good concepts that are fleshed out enou...
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Published: 2011-03-22
Source: Sharp Innovation

Chemical Patent Practice: Resources for Drafting Chemical Patents

Chemical patents pose a number of unique challenges. Many times significant additional work is needed to help the inventor understand the scope of the invention. A successful reaction with a few chemistries could lead to a narrow chemical patent limited to the reactions pursued if the drafter of the...
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Published: 2011-02-23
Source: Contemporary Intellectual Property, Licensin

Infringement and disclosure risk in development on copyleft platforms

While many companies that write apps or develop parallel platforms grounded in open source willingly disclose code and comply with copyleft rules (e.g., some transferees to also disclose their code), others prefer to protect (e.g., not disclose) some of their code and not force customers who resell ...
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Published: 2011-02-09
Source: IP Litigation Blog

Flying Coach

Or, Those Who Live By The Sword...Heres anamusing little class action casefiled in Seattle this week. Seems Coach, Inc., well known purveyors of high end handbags and such, in their never-ending zeal to protect innocent consumers from inferior (and, more reasonably priced) knock off goods, unleashed...
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Published: 2011-02-09
Source: Sharp Innovation

Dangers of First to File in Proposed Patent Reform Legislation: Kudos to Dr. Ron D. Katznelson

In Will first-to-invent always frustrate patent reform?, Dr. Ron D. Katznelson offers an important perspective about the dangers of proposed first-to-file systems in pending US patent reform legislation. He argues that the real agenda of its proponents will be to ultimately include prior user rights...
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Published: 2011-02-08
Source: Sharp Innovation

Due Diligence for Licensing Outside Technologies

Open innovation often leads to licensing external technologies. In-licensing is fraught with pitfalls, many of which can be avoided without too much pain if good diligence is done up front. How do you know if the partner you are looking at really has something of value that they can license to you? ...
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Published: 2011-01-30
Source: Contemporary Intellectual Property, Licensin

Ninth Circuit rejects Chamberlain places DMCA back on a proper track

In 2004, in theChamberlaincase, the Federal Circuit unaccountably grafted a non-statutory element on the access control provisions of the DMCA, requiring that there be some connection to preventing infringement for there to be protection against circumvention of a technology control on access to a c...
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Published: 2011-01-19
Source: Patentably Defined

How To File Color Drawings Electronically Via EFS-Web

Generally, when drawings for utility patent applications are required, they must be black and white line drawings. Color drawings are permitted when they are the only practical medium to disclose a claimed invention and even then an applicant must petition the USPTO to accept them. This petition, al...
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Published: 2011-01-08
Source: Sharp Innovation

Unwise Shortcuts in Patent Preparation: Dont Trust Cheap Provisional or Utility Applicationis

One of my favorite blogs,IPwatchdog, has a new post on the costs of patent preparation: Patent Application Costs: You Get What You Pay For. Well, you may not always get what you pay for, but you certainly arent going to get what you dont pay for, unless you are working with very generous IP professi...
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Published: 2010-11-01
Source: Sharp Innovation

Claiming a System in Your Business Method Patent? Think Apparatus: MPEP Reminder

If you are claiming a computerized system of some kind in a patent application related to software or business methods, be sure to think of the claim in terms of how the PTO will examine it. Your system will probably be viewed as an apparatus and will need to have hardware and tangible elements buil...
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Published: 2010-10-22
Source: Sharp Innovation

Cheaper Drugs or Missing Drugs? Why Patents on Drugs Help Consumers

Many voices are clamoring for abolition of patent protection on drugs or compulsory licensing of patent drugs at reduced rates. Some nations already demand this. The simple-minded thinking behind this is that by eliminating the high royalties that patent holders can command for their drugs or other ...
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Published: 2010-10-13
Source: Sharp Innovation

Score One for the Big Guys: How to Trick a Future Nobel Laureate into Walking Away from a Patent and Giving Away His Rights for Free

Tim OReilly (@timoreilly on Twitter) had arecent tweetabout the Nobel Laureate Andre Geim who discovered graphene and many potential uses for the super strong two-dimensional diamond-like material. His tweet was Puts the lie to the claim that patents help small inventors: Why Geim Never Patented Gra...
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Published: 2010-09-17
Source: Sharp Innovation

Genome Patents Are from Venus, Genome Sharing Is from Mars: The Cocoa Genome Published, not Patented

In the UK,The Independentreports an interesting story about discovery the details of the cocoa genome, a major scientific project that could help cocoa producers worldwide become much more productive in raising this sensitive crop. What I found interesting was the decision by the corporation behind ...
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Published: 2010-08-31
Source: Sharp Innovation

Should Patents Have Background and Summary Sections?

Greg Aharonians recent PATNEWS newsletter mentions that he is reviewing the bookDrafting Patents for Litigation and Licensing, edited by Bradley Wright of Banner & Witcoff. A chapter in that book led Greg to raise the question about whether inventors and patent owners are helped in any way by includ...
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Published: 2010-06-07
Source: I/P Updates

Marking Not Required for Notice in Process or Method Claims

InCrown Packaging Technology, Inc. v. Reexam Beverage CanCo.(March 17, 2009) the Federal Circuit reiterated that thenotice provisions of287do not apply where the patent is directed to a process or method.[A]party that does not mark a patentedarticle is not entitled to damages for infringem...
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Published: 2010-04-24
Source: Contemporary Intellectual Property, Licensin

Has the worm turned on transformative use?

A while ago, I commented about the misreading that courts were doing with respect to fair use, especially with respect to so-called transformative use.Maybe they heard, but at least they have begun to figure it out.The worm may have begun to turn.Fair use is a defense to a claim of copyright infring...
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Published: 2010-04-18
Source: Contemporary Intellectual Property, Licensin

Indirect Trademark Liability - who takes the risk?

Online aggregators, site operators and search engines are in a seemingly endless conflict with content providers and rights owners. This extends to trademark law.The confrontation relates to deciding what obligations aggregators (and others) have to police and prevent advertising and sale of counter...
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Published: 2010-03-24
Source: The Patry Copyright Blog

The Singaporean Cablevision Case

Many countries around the world are wrestling with similar, evolving copyright issues in response to new digital technologies. In facing common issues, courts sometimes share insights, but when they do, its critical that they recognize the full procedural context of a decision from another country, ...
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Published: 2010-03-04
Source: Patentably Defined

The USPTO Announces A New Patent Prosecution Highway Using The PCT

On January 29, 2010, the USPTO began participating in a new Patent Prosecution Highway (PPH) pilot program with the European and Japanese Patent Offices, in their capacities as PCT International Searching and/or Preliminary Examining Authorities. Under this new PCT-PPH program, certain PCT work prod...
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Published: 2010-03-03
Source: I/P Updates

Fair Use Doctrine Under U.S. Copyright Law

Authors rights under copyright lawaresubject to certain limitations, includingthe doctrine of fair usethat wasdeveloped through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.In the U.S.,theFairUsedoctrineallows limited use of cop...
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Published: 2010-02-01
Source: Michael Osofsky on Innovation

RE:invention

TheScary Cowfilm-maker cooperative had its 10th screening event yesterday.Anton Gillhad invited me to see his new filmThe Crosseswhich I enjoyed. But what made a real impact on me was hisotherfilm, RE:invention.RE:inventionis a wonderful short documentary about real people dealing with the effects ...
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Published: 2009-12-16
Source: I/P Updates

USPTO Rules on Special Status Petitions for Green Technology Patent Applications

In aFederal Register noticepublished and effective on December 8, 2009, theU.S. Patent and Trademark Office announced rules for implementing itspreviously-announced pilot program in which an applicant may petition to have an application involvinggreen technologies advanced out of turn withoutmee...
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Published: 2009-10-19
Source: I/P Updates

USPTO Expands and Enhances First Action Interview Pilot Program

Effective October 1, 2009, the United States Patent and Trademark Office (USPTO) is expandingand enhancingtheoriginalFirst Action Interview Pilot Programwhich ended on June 28, 2009.Under theEnhanced First Action Interview Pilot Programending April 1, 2010, the examiner will conduct a prior art ...
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Published: 2009-07-18
Source: The Patry Copyright Blog

Rocky Mountain Ratings

A recent decision by a district court in Colorado,Health Grades, Inc., v.Robert Wood Johnson University Hospital, Inc.(HT toEric Goldmanand MikeMasnickatTechdirt)raises once again courts confusion over foundational holdings by the Supreme Court in its 1991Feistcompilation opinion, confusion that has...
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Published: 2009-05-20
Source: I/P Updates

Website Means Requires Algorithm Disclosure

InEx parte Catlin,__ Westlaw __ (U.S. PTO Bd. App. & Int.February 3, 2009)(precedential), theBoardheld thata method claimfor implementing an on-line incentive system that recitedproviding, at a merchants web site, meansfor a consumer to participate in an earning activityto earn value from a merc...
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Published: 2009-05-20
Source: I/P Updates

UKIPO Green Channel for Expedited Searching and Examination of Eco-Friendly Technology; SIPO to Follow

TheUK Intellectual PropertyOffice has initiated aGreen Channelwhereapplicants will be able to request accelerated processing of their application if the invention relates to a green or environmentally-friendly technology.To enter the Green Channel, the applicant must make a request in writing, ...
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Published: 2009-05-20
Source: I/P Updates

Federal Circuit Standard of Review for ITC Decisions

InErbe Elektromedizin GMBH v. International Trade Commission(Fed. Cir. 2009; May 19, 2009), the courtrestated its standard of review for decisions of the U.S. International Trade Commission:We review the rulings of the ITC under the Administrative Procedure Act, 5 U.S.C. 706. 19 U.S.C. 1337(...
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Published: 2009-04-15
Source: I/P Updates

Dependent Claim Element Insufficient to Trigger U.S. Inventorship

InNartron Corp. v. Schukra U.S.A., Inc. (March 5, 2009)the Federal Circuit court of appeals reiterated that one does not necessarily attain the status of co-inventor by providing the sole feature of a dependent claim. In this case, dependent claim 11 recited The [seat control module for introducing ...
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Published: 2009-04-15
Source: I/P Updates

Utility Model Protection In China

According to Professor Wegner, yesterday, at the opening of the oral hearing in the Zhejiang High Peoples Court in Chint v. Schneider, Chinese utility model holder Chint completed its major victory over French competitor Schneider through an unprecedented $ 23 million settlement (RMB 157 million), a...
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Published: 2009-04-15
Source: I/P Updates

Gasket on Flange Not Equivalent to Gasket on Lid

InFelix v. American Honda Motor Co.(April 10, 2009) the Federal Circuit held thatthe patent was not literally infringed because the accused product mounted a gasket on the automobile trunk lid, not on a flange as claimed in the patent. The patent was not infringed under the doctrine of equivalen...
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Published: 2009-04-06
Source: I/P Updates

Experimental Use Explained

In Clock Spring, L.P. v. Wrapmaster, Inc. (March 25, 2009),the Federal Circuit held that Clock Springs 1989 demonstration was an experimental use and not a prior public use:The experimental use exception is not a doctrine separate or apart from the public use bar.EZ Dock, Inc. v. Schafer Sys. Inc...
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Published: 2009-02-11
Source: IP Litigation Blog

And the beat goes on...

A few years back I wrote about what I saw as a developingWar on Juriesin patent cases. A couple of recent incidents suggest that the war continues.Last week we lost ahard-fought case on summary judgment.That happens, its part of the game, and the lawyer who never loses most likely never accepts a re...
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Published: 2009-01-12
Source: I/P Updates

Pre-1923 Publication Not in Copyright Public Domain

InSociete Civile Succession Richard Guino v. Renoir,(9th Cir., December 2008),the court held that works first published in France no later than 1917 without a U.S.-style copyright noticewere never subject to U.S. copyright under the 1909 Copyright Act, and therefore could not have fallen into t...
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Published: 2009-01-12
Source: I/P Updates

Pre-1923 Publication not in Copyright Public Domain

InSociete Civile Succession Richard Guino v. Renoir,(9th Cir., December 2008),the court held that works first published in France no later than 1917 without a U.S.-style copyright noticewere never subject to U.S. copyright under the 1909 Copyright Act, and therefore could not have fallen into t...
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Published: 2008-11-30
Source: The Patry Copyright Blog

In Memoriam Sir Hugh Laddie

Baruch dyan ha-emet.Blessed is the Judge of Truth, is an expression uttered when one hears news of a terrible loss, especially death. It is the expression I used when I heard of the death of Sir Hugh Laddie,zikhrono livrakha.Sir Hugh was buried today in London. He was born in 1946. His mother is, I...
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Published: 2008-08-25
Source: IP Litigation Blog

Signs of things to come?

Just when it appears things cant get much worse for patent plaintiffs, the Federal Circuit surprises us with a modest string of decisions actually finding in favor of patent holders.Just one week afterMuniauction, Inc.(pdf) took it on the chin by having its $77 Million jury verdict reversed (thats r...
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Published: 2008-08-08
Source: The Patry Copyright Blog

Judge Posner on Attorneys Fees to Defendants

Yesterday, JudgePosnerhanded down an opinion inEagle Services Corp. v. H20 Industrial Servicesthat is sure to cited by many future defendants who prevail and seek their attorneys fees. In a jury case, after Plaintiff rested, the district court granted defendants motion for judgment as a matter of la...
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Published: 2008-08-08
Source: The Patry Copyright Blog

The Strange Copyright World of Warcraft

The trial court has handed down its summary judgment opinion inMDYIndustries,LLCv. Blizzard Entertainment, Inc., involving themultiplayeronline role-playing game World ofWarcraft and a bot program known asWowGlider, created by declaratory judgment plaintiff.WowGliderplaysWoWwhile the player is away ...
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Published: 2008-08-08
Source: The Patry Copyright Blog

Preemption and Mutant Copyright

InDastarCorp. v. Twentieth Century Fox Film Corp., 539 U.S. 23, 31 (2003), JusticeScaliaphrased the question to be decided this way:[A]s it comes to us, the gravamen of respondents claim is that, in marketing and selling [defendants TV series] as its own product without acknowledging its nearly whol...
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Published: 2008-08-08
Source: The Patry Copyright Blog

The Facebook Suit

The lawsuit filed byFacebookin California against the German siteStudiVZ(andStudiVZs declaratory judgment action againstFacebookin a German court) has been all over the newspapers andblogosphere.StudiVZs an abbreviation ofStudentenverzeichnisorStudienverzeichnis, which means students directory.Studi...
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Published: 2008-08-08
Source: The Patry Copyright Blog

The EU Railroads Term Extension

I have avoided commenting on the EUs proposed 45 year extension for sound recordings because the effort is so clearly wrong, so clearly another example of politicians ignoring the public interest in favor of hobnobbing with (in this case aged) stars that there is nothing constructive to say. Term ex...
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Published: 2008-08-08
Source: The Patry Copyright Blog

Infringement and the Foreign Sovereign Immunities Act

May a foreign government be sued in U.S. courts for infringement occurring in the United States? The answer, provided by the Foreign Sovereign Immunities Act, 28 U.S.C.A. 1602 to 1611, is no. Section 1603 states: Subject to existing international agreements to which the United States is a party at ...
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Published: 2008-08-08
Source: The Patry Copyright Blog

Is there such a thing as holding legal title to a registration?

The question in the title was posed by a decision filed yesterday in Tom Bean v. McDougal Littell (a division of the Houghton Mifflin Company) and R.R. Donnelley & Sons Company, No. 07-8063-PCT-JAT (D. Arizona (James Teilborg, Judge).The relevant statutory provision is 17 USC 408(a)At any time durin...
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Published: 2008-08-08
Source: The Patry Copyright Blog

US Government Insists on Right to Violate DMCA

I previously did apostingon the US governments successful invocation of sovereign immunity in a claim alleging copyright infringement and an anti-circumvention claim under the DMCA. The opinion in that case came from the Court of Federal Claims, a trial-level court. The decision has now been affirme...
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Published: 2008-08-08
Source: The Patry Copyright Blog

Educators Forced to Become MPAAs Cops

On July 30th, the House and Senate conferees approved the Higher Education Actreauthorizationconference report, H.R. Rep. 110-803, to H.R. 4137. The bill, expected to become law soon, includes the College Opportunity and Affordability Act. Some may recall efforts last year to condition federal aid t...
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Published: 2008-08-06
Source: The Patry Copyright Blog

Archiving the Blog

It may sound trite to say I am overwhelmed by the response to ending the blog, but I am. I have read all the requests to either restore old posts or create an archive of them. As much care as I gave to the posts (well, most of the time), I regarded them as ephemera. In the past I weeded out old ones...
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Published: 2007-09-28
Source: IP Litigation Blog

Mann Law Group Wins $1.3 Million Jury Verdict in Favor Of Seattle Professional Photographer

Today a Seattle jury awarded Seattle professional photographer Lloyd Shugart a $1.3 Million verdict following a three day jury trial. Philip P. Mann of the Mann Law Group was lead trial counsel for Mr. Shugart.The case arose when Mr. Shugart discovered that his client, Propet USA, Inc., a wholesale...
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Published: 2006-11-07
Source: Patently Silly - The Humor of Invention

Internal Implement Allotropy Sexual Aid Utensil Universal-DISK

You might not have known such standards existed, but this somewhat awkwardly titled patent sets a new standard for internal personal prevention worn in the female vagina. It is an anti-rape device, quite admirable in its thoroughness:This invention is inserted into the vagina of a female wearing it...
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Published: 2006-10-31
Source: Patently Silly - The Humor of Invention

Lap Dance Liner

It is said that Thomas Edisons laboratory went through over a hundred thousand failed prototypes for each successful invention. One can only hope that in the quest for his perfect liner, Wesley K. Johnson went through that many lap dances.I dont think this invention needs much explanation, but one ...
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Published: 2006-06-22
Source: IP Litigation Blog

We Dodged a Bullet!

Today the Supreme Courtdecided NOT to heartheLabCorp v. Metabolitecase after all.Good thing!Patent law is confused enough already without the Good Justices weighing in on matters scientific.A question thats always baffled me is why courts and legislatures are so quick and eager to protect copyright ...
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Published: 1999-11-30
Source: Patently Silly - The Humor of Invention

Patently Sillys First Animation!: a Better Mouse Trap

I am really excited to launch Patently Sillys first animation, in conjunction with my new bookPatently Silly: From the Collapsible Walker to the Incinerating Toilet, the Craziest Inventions Ever Devised! Ive been obsessed with thePortable Electrical Mouse Trapsince I first came across its improbable...
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