Patent & IP news for November 20, 2017

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US NAFTA Negotiating Objectives For IP: Go Big On Digital IP Protection, Fend Off GIs from

The Office of the United States Trade Representative (USTR) has issued a set of negotiating objectives for renegotiating the 1994 North American Free Trade Agreement (NAFTA) that include its hopes for elevating intellectual property in ...

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Rise Of Global Value Chains Propels Intangible Capital Revenues, WIPO Report Says from

A World Intellectual Property Organization report released today shows the growing global importance of intangible capital and its share in the value of end products. The report does not however provide a geographical repartition of ...

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1877 Supreme Court Thought’s on Oil States? from

Cochrane v. Deener, 94 U.S. 780 (1877) It would, perhaps, be desirable if all cases of this sort [i.e., patent cases] could be referred to a commission of intelligent experts and practical men ...

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New USPTO fee schedule increases fees for challenging granted patents, adds streamlined reexamination option from

The USPTO recently published an adjusted fee schedule for certain patent fees. The new schedule significantly increases the fees for challenging the validity of a patent in inter partes review (IPR), post-grant review (PGR) and ...

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Athens Court of Appeal applies CJEU GS Media linking decision and interprets 'profit-making intention' restrictively from

Linking after GS Media, available hereLast week, while I was attending the REDA [as Regulation and Enforcement in the Digital Age, not MEP Reda] 2017 Conference in Nicosia (Cyprus), I found out that after ...

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Build-Up, Scale Up: Fostering Innovation in Canada from

Recently, IP Osgoode founder and director Prof. Giuseppina D’Agostino sat down with TVO’s The Agenda with Steve Paikin to discuss “Fostering Innovation in Canada”. For the discussion, which aired October 25, Prof. D ...

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Amgen Inc. v. Sanofi (Fed. Cir. 2017) from

By Kevin E. Noonan -- Last month, the Federal Circuit rendered a decision in Amgen Inc. v. Sanofi that brought clarity to how the Court (and U.S. Patent and Trademark Office) should apply the written ...

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Conference <span class="amp">&amp;</span> CLE&nbsp;Calendar from

November 27, 2017 - Post-argument discussion on SAS Institute Inc. v. Matal (American University Washington College of Law Program on Information Justice & Intellectual Property) - 4:00 pm (Eastern), Washington, DC. November 27, 2017 - Post-argument discussion on ...

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post image Sunday&nbsp;Surprises from

The Online content regulation at the crossroads of automation and injunctions: the way forward event is taking place on 20 November 2017 at the University of Southampton. The speakers are Dr. Micheál Ó Floinn, Dr ...

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post image Court Issues TRO: Enjoining Infringer from Filing a Reexamination&nbsp;Petition from

by Dennis Crouch Columbia Sportswear v. Serius Innovative (S.D.Cal. 2017) I previously wrote about Columbia Sportswear design patent verdict and damages award against Serius.  The patent – D657,093 – covers a wavy-pattern as part ...

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post image Common Features of Real Written Languages and the Anthon&nbsp;Transcript from

Michael Price's news story, "Why Written Languages Look Alike the World Over" in Science magazine's online edition (, might be of interest to some readers here. He discusses a recent publication on ...

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On comments within Facebook groups comprising possibly defamatory social media&nbsp;statements from

From Cory Batza, 44 Pepp. L. Rev. 429 (2017)

In another case dealing with an allegedly defamatory tweet, Feld v. [page 456] Conway, n182 the court considered whether a tweet was defamatory in the context ...

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From Federal Circuit Clerk to Supreme Court&nbsp;Fellow from

You might have noticed today two rather succinct opinions issued by the Federal Circuit.  One wonders if that is in response to recent criticism of the Federal Circuit for issuing so many Rule 36 opinions ...

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Omission of Venue Challenge From First Rule 12(b) Motion Precludes Defendant From Invoking Intervening Change of Law to Excuse&nbsp;Waiver from

The court denied defendant's motion to dismiss or transfer plaintiff's consolidated patent infringement actions for improper venue because defendant waived its venue defense. "It is well settled that an improper venue defense is ...

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