Patent & IP news for March 27, 2015

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Plagiarism not such a big deal anymore from

Plagiarism is not necessarily a career killer.  Laurence Tribe is still at Harvard.  Glenn Poshard is still at SIU.

More recently, from Politico:


In further evidence that plagiarism is no longer a career-ender, Jared Keller ...

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Innovation Act commentary from

Margaret Hosteler on the Innovation Act:

On February 5, 2015, the House Judiciary Chairman, Rep. Bob Goodlatte (R-VA), flanked by a bipartisan group of his peers, reintroduced his “Innovation Act” (H.R. 9). The bill ...

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post image A Message from Merpel from

Readers of this weblog will not fail to have noticed the quantity of blogposts on the legal, administrative and social issues that have turned the European Patent Office (EPO), once a byword for expertise, efficiency ...

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post image The Unitary EU Patent System: a new book from

The Unitary EU Patent System, edited by the dynamic and thoroughly scholarly pairing of Justine Pila and Christopher Wadlow, has just been published by Hart Publishing. According to the web-blurb:
The purpose of this book ...

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Administrative Council offers ' formal recognition of the trade unions within the EPO's legal framework' from

My hopes for some progress resulting from this week's meeting of the Administrative Council (AC) of the European Patent Organisation (EPOrg), the multinational body that runs the European Patent Office (EPO), haven't been ...

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post image When the translation is the prior art: or is it? from

Translations have long engaged IP law and practice. In the 19th century, the fundamental issue focused on whether copyright extended protection to a translation. After an initial period of disagreement (U.S. law said “no ...

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Cadence Pharmaceuticals Inc. v. Exela Pharmsci Inc. (Fed. Cir. 2015) from

By Kevin E. Noonan -- The Federal Circuit availed itself of another opportunity to demonstrate that the Supreme Court's recent decision in Teva v. Sandoz may be relevant in cases that are the exception rather ...

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TTAB Rulings May Have Preclusive Effects in District Court Cases from

In a 7-2 split decision issued on March 24, 2015, the U.S. Supreme Court held that Trademark Trial and Appeal Board (“TTAB”) rulings may have preclusive effects in subsequent federal district court litigation. The ...

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How The Leaked TPP ISDS Chapter Threatens Intellectual Property Limitations and Exceptions from

By Prof. Sean Flynn, Associate Director, Program on Information Justice and Intellectual Property (PIJIP), American University Washington College of Law Reposted with permission from, original here. I released a statement earlier today opining ...

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UN Human Rights Council Approves Expert On Privacy In The Digital Age from

The UN Human Rights Council at its 28th session today in Geneva adopted a resolution that establishes a new mandate for a Special Rapporteur on Privacy in the Digital Age. The Council also approved a ...

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Deputy Director Russ Slifer from

As I mentioned in my twitter feed, Russ Slifer has now been sworn-in as Deputy Director of the USPTO after being nominated by Director Michelle Lee and then appointed by Secretary of Commerce Penny Pritzker ...

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“Shotgun” Infringement Pleading May Support Exceptional Case Finding from

The court denied defendant's motion to dismiss plaintiff's "shotgun" direct infringement claim but warned of a potential exceptional case finding later. "[Plaintiff's] asserted patents are clearly complex. Among the six patents, there ...

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Patent quality — Is a “shared responsibility, says IBM; it does not represent invention quality or IP value from

There is a great deal of agreement that patent quality is lacking, but surprisingly little about how to define and achieve it. Patent quality is typically associated with validity. Good patents are valid upon scrutiny ...

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European Patent Office revokes rubberbanding patent: Google and its partners win, Apple appeals from

Two weeks ago I highlighted some smartphone patent cases that are still ongoing but have almost been forgotten by the public, including, among others, Google's continuing efforts to have Apple's European rubberbanding (overscroll ...

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