Patent & IP news for November 22, 2014

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Columbia Journalism Review on plagiarism from

David Uberti has a post in the Columbia Journalism Review titled Journalism has a plagiarism problem. But it’s not the one you’d expect

The "unexpected" problem seems to be the variability in responding ...

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Program on Role of Patents in Pharmaceutical Innovation from

The American University Washington College of Law Program on Information Justice and Intellectual Property is hosting a program entitled "The Role of Patents in Pharmaceutical Innovation: Lessons to Be Learned" from 4:30 to 6 ...

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Abracadabra . . . Abstract Idea from

As I read Judge Lourie’s opinion for the court in Ultramercial et al. v. Hulu et al., 2010-1544 (Fed. Cir. Nov. 13, 2014), I was reminded of these previous comments by Judge Lourie with ...

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Attorneys’ Fees, Costs, and an Enhancement! Oh My! from

We have previously posted on the judiciary’s attempts to address frivolous and unwarranted suits brought by patent holding, non-practicing entities (“NPEs”). To deter such litigation, courts have the power to award attorneys’ fees and ...

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Damages Expert’s Linear Valuation of User Activations Excluded from

The court granted in part defendant's motion in limine to exclude the opinion of plaintiff's damages expert concerning the value of user activations. "The Court grants the Motion with respect to [the expert ...

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The patent numbers game: "my stack is bigger than your stack" arguments are so gone... from

On October 24, 2014, InsideCounsel had a post "Assessing IP Assets," with the text:

The importance of due diligence historically has been downplayed. For the most part, it didn’t matter what condition an asset ...

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post image Standard Essential Patents Loose Ground from

Colm AhernPatLit has received the following item from Spain, written by Colm Ahern (of Elzaburu, Madrid) including Colm's comment on the Advocate General's opinion outlined in the previous post:
The Advocate General ...

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Court finds that ambiguous assignment agreement does not break chain of title from

It’s always important to ensure that intellectual property agreements are carefully drafted.  However, on rare occasions a court will see past a drafting error and interpret an agreement to match the apparent intent of ...

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post image ZTE-Huawei and FRAND ( Case C 170/13) - The Advocate General has spoken from

In the case ZTE-Huawei, the Düsseldorf District Court had referred a number of questions to the Court of Justice. It is seeking to ascertain whether — and, if so, in what circumstances — an action for infringement ...

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post image Les Mignardises du Vendredi from

Wine and Donuts 

 Yesterday was Beaujolais Nouveau day and the celebrations may have lasted late into the night. Hopefully, the libations will help France forget the issues that the release by ICANN of two new ...

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Google and Android OEMs apparntly close to settlement with Rockstar over ex-Nortel patents from

About a year after the Rockstar Consortium's Halloween 2013 lawsuits against Google and a host of Android device makers, and only days after a $188 million settlement between Rockstar and Cisco became known, the ...

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Building the Perfect Employee Agreement from

It’s sometimes very difficult to draft that perfect employee agreement – you know – the kind that fully protects your rights to intellectual property and inventions created by your employees while at...


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Tun-Jen Chiang on Patentable Subject Matter from

Patent law is usually justified on utilitarian grounds. To be sure, significant contrary views have appeared in recent scholarship. For example, Professor Robert Merges’ work provides a partly Lockean  account of intellectual property. The dominant ...

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UK High Court Orders ISPs To Block Trademark-Infringing Websites from

In what may be a test case for trademark owners battling counterfeiters, the UK High Court has ordered five internet service providers (ISPs) to block websites that were advertising and selling bogus goods. The ruling ...

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