Patent & IP news for June 24, 2011

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post image Bundesgerichtshof on the "lawfulness of a press report" from

The German Federal Supreme Court (Bundesgerichtshof) this week had to decide on the lawfulness of a press report about a book presentation by former news reader, journalist and author Eva Herrman (shown to the left ...

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post image Genuine Intention to Use - Practitioners Speak Out from

Only a few hours after the AmeriKat posted her article last night (or this morning, depending how accurate one wishes to be) on Mrs Justice Macken's speech at IBIL's Annual Hugh Laddie Lecture ...

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post image Oracle v Google (2) from

Interesting fresh news in this case. I read Wednesday in Groklaw:

“In the reexamination of U.S. Patent 6192476 the USPTO has issued an office action in which it rejects 17 of the patent's ...

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post image Troubled Times from

Especially in these difficult economic times, it's crucial to help the largest corporations. They don't create jobs like small companies, nor do they pay taxes, but that's what peasants citizens are for ...

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UNCITRAL, IP and security interests from

The most recent issue of the Uniform Commercial Code Law Journal, Vol. 43, No. 2 April 2011, published in coordination with the Penn State Dickinson School of Law, contains at p.601 a most interesting ...

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Raising the bar – some differences between the Exposure draft and the Bill from

As noted previously, the Intellectual Property Laws (Raising the Bar) Amendments Bill was introduced earlier this week, following fairly extensive consultations on an exposure draft of the Bill. Patentology has now looked at some of ...

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Patent Reform Clears Another Hurdle from

It is getting harder and harder for me to not pay attention to patent reform: Yesterday, the House approved its version of Patent Reform (H.R. 1249, the America Invents Act).   The next step is ...

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First to file, and simultaneous invention from

Techdirt writes of issues with first to file [ That is, they [first to invent supporters] were defining inventor by being only the very first person to come up with it. ] and gets into the simultaneous ...

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“Most of the plagiarism is a copy and paste from a website like Wikipedia.” from

In Original story ideas prevent plagiarism, one has advice on original writing:

“Student stories must be so laser-focused on the lives of the school and community that no one else can write them.”

Laser focus ...

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June 30 Entrepreneurial Thursday: International Hour from

If you are in the Pittsburgh area and interested in international business issues, I will be a panelist at this week’s Entrepreneurial Thursday interview session, where the theme is “International Hour.”  Entrepreneurial Thursday is ...

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Special Report: A Quick Summary Of The New US Supreme Court Decisions On Patents from

For the past ten years, the United States Supreme Court has steadily chipped away at patent rights. But this term, the court abruptly reversed direction. In two weeks, the high court issued rulings in three ...

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Absent "Unique or Unexpected Burden" Defendant's Incorporation in Delaware Precludes Transfer of Venue for Convenience from

The court denied defendants' motion to transfer venue for convenience where some of the defendants had incorporated in the forum state. "[T]he Court emphasizes that three of the four domestic Defendants chose to incorporate ...

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Top 5: Stress Relief Patents from

While Article One hopes that our researchers never get too stressed out, stress is also an unavoidable part of life.  Luckily, innovators throughout history have invented ways to combat and reduce that pressure.  Here are ...

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Invalidity (Burden of Proof) from


  • "[W]e now hold that an accused infringer cannot obtain the benefit of the lower burden of proof that prevails in an interference proceeding simply by alleging, as a ...

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Smith & Nephew Endoscopy Awarded $85M in Patent Infringement Case Against Arthrex, Inc. from

The following is excerpted from a June 23, 2011 post at citybizlist of Boston: Smith & Nephew, Inc., Endoscopy Division, a subsidiary of Smith & Nephew plc (NYSE: SNN) (London Stock Exchange: SN) announced today that the ...

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I Say App Store You Say Appstore! App Store! from

By: Rene Dial Is App Store a generic term? Apple filed for the “App Store” trademark on July 17, 2008.  Sage Networks filed for a trademark to use the term “Appstore” in August 26, 1998 ...

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Love it or leave it: “Buffalo For Real” slogan from

The Buffalo Niagara Visitor’s Bureau recently unveiled a new slogan for the city: Buffalo For Real. The new slogan is, like those slogans of many cities and regions, meant to attract business and tourism ...

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WIPO Committee Sees Breakthrough On Audiovisual Treaty After 11-Year Delay from

An international treaty on the protection of audiovisual performances might be back on track after a hiatus of over 10 years, as World Intellectual Property Organization delegates today reached an agreement on a text and ...

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No stay of injunction for Bridgeport Fittings; CAFC cites criminal case from

In denying a stay of a permanent injunction, the CAFC cited Hilton v. Braunskill, 481 US 770 (1987).

If you don't remember that one, this was a CRIMINAL case out of New Jersey: In ...

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FLFMC v. Wham-O Appeal Set for July 7th Oral Argument at Federal Circuit from

FLFMC, LLC v. Wham-O, Inc. (Fed. Cir. No. 2011-1067)

On Thursday, July 7th, the Federal Circuit will hold oral argument in the FLFMC v. Wham-O case concerning the constitutionality of the false marking statute, 35 ...

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Nortel-runners and riders from

The auction takes place on Monday 27th. The results may not be disclosed for few days afterwards, from what we can tell the sellers have up to 5 days to decide on the winning bid ...

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