Patent & IP news for April 30, 2017

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In re Apple Inc. (Fed. Cir. 2017) from

Acting as Lexicographers Saves Patent from Being Found Invalid By Joseph Herndon -- In a recent Federal Circuit decision, the Court highlighted an old rule in that the inventors may act as their own lexicographers to ...

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Conference & CLE Calendar from

May 2, 2017 - "Protecting Trade Secrets, Confidential Information and NDAs in China -- Maintaining Confidential Information, Preventing Infringement, and Enforcing Trade Secret Rights" (Strafford) - 1:00 to 2:30 pm (EDT) May 2, 2017 - "The Halo ...

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post image Italian court finds Google and YouTube liable for failing to remove unlicensed content (but confirms eligibility for safe harbour protection) from

Topazio, one of the soap operas
produced by Delta TV
Is YouTube an active host and, if so, ineligible for the safe harbour protection within Article 14 of the E-commerce Directive?
As readers with an ...

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post image Never Too Late: If you missed the IPKat last week! from

This Kitten is delighted to bring you the 144th edition of Never Too Late!
It’s Never Too Late to catch up!Around the IP blogsInternKat Hayleigh Bosher covers the latest posts from some ...

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Axiom of the day — Claims construed the same for purposes of assessing patent validity and patent infringement from

In the recent oral argument of TVIIM v. McAfee, the appellant argued that claims must be construed the same way for purposes of validity as they are for infringement.  The Federal Circuit acknowledged that principle ...

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Qualcomm reduces quarterly forecast by $500 million as Apple stops license fee payments from

Bloomberg reports that Apple confirms having "suspended [license fee] payments [via its contract manufacturers in China to Qualcomm] until the correct [fair, reasonable and non-discriminatory = FRAND] amount can be determined by the court" and that ...

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Federal Circuit: eBay creates a four-element test (not “four-factors”) from

Nichia Corp v. Everlight Americas (Fed. Cir. 2017) Nichia is the world’s largest supplier of LEDs.   The defendant here also sells LEDs and was accused of infringing three Nichia patents. U.S. Patent Nos ...

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At CAFC, Nintendo wins 101 judgment on the pleadings from

This was an "Alice" case:

In March 2015, Nintendo filed a motion for judgment
on the pleadings, asserting that the claims were ineligible
under 35 U.S.C. § 101. Section 101 provides that
“[w]hoever ...

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CAFC denies Nichia an injunction; patentee licensing weighs against a finding of irreparable harm from

The CAFC affirmed Judge Gilstrap of ED Texas in the Nichia case,
so no injunction for Nichia but infringement still stands:

Nichia Corporation sued Everlight Electronics Co.,
LTD., Everlight Americas, INC., and Zenaro Lighting,
Inc ...

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Major Issues in Trade Secret Law: Part 1 from

I was thrilled to attend The New Era of Trade Secret Law: The DTSA and other Developments, hosted by the IP Institute at Mitchell/Hamline School of Law and its Director, Sharon Sandeen, Robins Kaplan ...

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No Modification of Injunction Against Direct Competitor to Allow Infringing Sales for Orders Placed Before Trial from

The court denied defendant's motion to modify a permanent judgment to allow it to fulfill orders of infringing products that were placed long before trial. "[T]he evidence at trial indicated that [the parties ...

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European Court Of Justice Tightens Screws On “Streaming” from

In a judgment this week, the European Court of Justice ruled that „the sale of a multimedia player which enables films that are available illegally on the internet to be viewed easily and for free ...

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New Open Source Licence For Seeds from

The Germany-based OpenSourceSeeds initiative this month started to offer open source-licensed seeds in an effort to strengthen a form of “copyleft” for new plant varieties. The goal, according to the organisation established by academics, activists ...

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New USPTO Quick Reference Sheet on Patent Eligibility from

The USPTO issued a new Quick Reference Sheet yesterday on its patent eligibility page.  The new eligibility quick reference guide is available here: Decisions holding claims eligible and identifying abstract ideas (quick reference sheet updated ...

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