Patent & IP news for February 20, 2018

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Recent Patent & IP Blogs

Meritless Invalidity and Unenforceability Claim Justifies Award of Attorney Fees from

Following dismissal of plaintiff's invalidity and unenforceability claims for lack of standing and failure to state a claim, the court granted defendants' motion for attorney fees under 35 U.S.C. § 285 because plaintiff ...

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Data on the firs tyear of the Defend Trade Secrets Act from

In preparing for the Evil Twin Debate on the DTSA, David Levine (Elon) and Chris Seaman (Washington & Lee) were kind enough to share a draft of their empirical study of cases arising under the first ...

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New Chair’s Text On WIPO Broadcasting Treaty Reflects Country Proposals from

The chair of the World Intellectual Property Organization committee on copyright issued revised language last week on core articles of a potential treaty protecting broadcasting organisations against signal piracy. The document shows a trimmer set ...

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post image Around the IP Blogs! from

It is time for the IPKat's tour of IP around the web! [Week 5-11 February]

Let's first focus on copyright. Can You Copyright a Pose? In the past, this question has already been ...

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Isolating and Measuring a Natural Phenomenon from

by Dennis Crouch Ex Parte Simons, APPEAL 2016-002684 (Patent Tr. & App. Bd. Jan. 31, 2018) (Decision on Rehearing) In this case pending before the USPTO, Australian company Haplomic Technologies is seeking to patent a method ...

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IAM blog quotes Lemley from

From IAM's Patent owners in the US get a big boost after the Federal Circuit hands down a key 101 decision

Just how significant might this shift be? Well, Stanford Law School’s Professor ...

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Listing of agencies with the most Administrative Law Judges from

The US government’s office of personnel management keeps a list of how many administrative law judges are employed by each administrative agency.  The OPM does not include the USPTO’s administrative patent judges on ...

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Who's in Charge Here? Or Is the PTAB Bound by USPTO Guidances? from

By Kevin E. Noonan -- In a decision from an appeal before the Patent Trial and Appeal Board following rejection of claims to an isolated nucleic acid apparently (to applicants) falling within the scope of U ...

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Contributors: Japan Patent Office Decides “TE’ CON MIEL” (Tea With Honey) Is Distinctive In Relation To Tea from

In a recent trademark opposition, the Opposition Board of the Japan Patent Office (JPO) decided to overrule the opposition against TM Registration no. 5951823 for word mark “TÉ CON MIEL” designating tea in class 30 ...

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Some Laws Regarding Laws of Nature from

United States Declaration of Independence When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers ...

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post image Apology to Judge Reyna from

I want to pause here for a moment to make an apology to Federal Circuit Judge Reyna on what could be perceived as my poor taste humor.  I continue to have the highest respect for ...

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post image Has Europe turned into the Eastern District of Texas? New study shows NPE activity has risen 19% year-on-year from

Are the rain clouds of US NPE litigation gathering
over Europe and will Brussels act?  
Does Europe have a patent troll problem? It depends on who you ask and if you think trolls, non-practicing entities ...

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Aatrix Software, Inc. v. Green Shades Software, Inc. (Fed. Cir. 2018) from

By Michael Borella -- Aatrix brought an infringement action against Green Shades in the Middle District of Florida, alleging infringement of U.S. Patent Nos. 7,171,615 and 8,984,393. Green Shades filed a ...

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DNJ analyzes "puffery" in WILLIAM T. HOEY v. INSMED INCORPORATED from

On the subject of "puffery," note a recent decision in the District of New Jersey in the case
WILLIAM T. HOEY v. INSMED INCORPORATED, 2018 U.S. Dist. LEXIS 24907, which included text:

Lead Plaintiff ...

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