Patent & IP news for October 24, 2011

Patent Litigations



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post image Apple and Eve, but no exhaustion says ECJ from

A veritable rose among the thorns, last week's ruling of the Court of Justice in Case C‑140/10, Greenstar-Kanzi Europe NV v Jean Hustin, Jo Goossens is that rarest of treasures, a ruling ...

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post image District Court Rejects Constitutional Challenge to New False Marking Statute from

Serius Innovative Accessories, Inc. v. Cabela's Inc. (S.D. Cal. Oct. 19, 2011)

In this case, the district court rejected a challenge to the constitutionality of the amended False Marking Act, 35 U.S ...

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post image GTL Trademark Lawsuit by The Situation from

Jersey Shore star Mike Sorrentino (aka The Situation) is making sure he stays on top.  Of his trademarks, that is.  Has sued, in the Florida Southern District Court, a newcomer who wants to use Sorrentino ...

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post image Regulatory Reform: REINS Legislation from

Federal regulations take up 81,000 pages and annual compliance costs are now $1.75 Trillion or 12% of U.S. GDP.  This is enough money to hire a quarter of the U.S. workforce ...

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post image Cake or death? The value of an apology in China from

It is not quite on a par with Eddie Izzard’s “cake or death, but there is a chance that more defendants in criminal IP cases in China will be offered a choice of ...

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post image Anatomy of a Trademark Expo exhibit from

I was privileged to work with a client, the City of Falls Church (THE LITTLE CITY®), to produce and host an exhibit as this year’s 2011 National Trademark Expo last week. The event was ...

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post image Featured Resource: National Center for Biotechnology Information from

The National Center for Biotechnology Information (NCBI) is a division of the National Library of Medicine.  Since its founding in 1988, the Center has performed important biomedical research, collected information, and published educational materials.  It ...

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Conference & CLE Calendar from

October 24-26, 2011 - Developing IP Strategies for Crystalline Forms*** (International Quality & Productivity Center) - London, UK October 25, 2011 - Innovation and Commerce -- Global Legal Considerations (U.S. Patent and Trademark Office and Federal Circuit Bar Association ...

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AIA Overview: Changes to Inter Partes Re-examination from

By Kevin E. Noonan -- In addition to an entirely new post-grant review procedure, the AIA contains significant revisions to the current inter partes re-examination proceedings (which are now termed "inter partes review"). Section 6(a ...

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Pharmaceutically Speaking, Part 11: Outlawed Stem Cell Patents from

Danie Roy Any time the subject of stem cells is brought up, I like to try to keep the tone as non-volatile as possible. I try to discuss the facts of the relevant patent(s ...

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Child's-play for Court of Justice as Spanish pogs pip Pepsi's from

Last week's ruling of the Court of Justice of the European Union in Case C‑281/10 P, PepsiCo, Inc. v Grupo Promer Mon Graphic SA, Office for Harmonisation in the Internal Market, has ...

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Leahy-Smith AIA's Retroactive Abrogation of False Marking Claims Lacking Competitive Injury Is Not Unconstitutional from

In granting plaintiff's motion for summary judgment on defendant's false marking counterclaim, the court rejected defendant's constitutional challenges to the America Invents Act. "Congress’ intent that the AIA apply retroactively is clear ...

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WIPO Defends Involvement In IP Enforcement Meeting In The Philippines from

The World Intellectual Property Organization, a United Nations agency with nearly 200 member states, is under criticism for its connection with a Western industry-heavy event this week in the Philippines aimed at fighting intellectual property ...

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Joint Representation in IP Litigation from

Strafford Publications is hosting the above-titled webinar/teleconference on November 30, 2011: Joint representation in intellectual property litigation can provide the parties with significant benefits, including pooling resources and information and cutting costs. Though the ...

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America Invents: The Unintended Consequences of Patent Reform from

Notwithstanding the inherent unreliability of legislative history and the truly scary prospect of trying to get inside the head of Members of Congress, it seems fairly clear to me that the America Invents Act, which ...

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EPO Enlarged Board of Appeal decides on disclaimers for disclosed embodiments from

The case was decided on August 30, 2011 (The Scripps Research Institute) by the Enlarged Board of Appeal of the European Patent Office. The invention underlying the referring decision T 1068/07 (OJ EPO 2011 ...

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ITC staff now advocates six-month exception for 4G devices from potential HTC Android import ban from

The ITC staff's initial position on a potential import ban against HTC's Android-based devices was that such a sanction "is not contrary to the public interest", especially since other devices (devices made by ...

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Europe Visits Canada: What European Copyright Law Has To Offer from

Guillaume Laroche is an LLM candidate at Osgoode Hall Law School. Of all the great policy discussions that can be found in Ottawa on any given day, those seen last Friday, October 21, 2011, at ...

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EU’s Court of Justice: Stem Cells Unpatentable If An Embryo Is Destroyed from

A process which involves removal of a stem cell from a human embryo at the blastocyst stage, entailing the destruction of that embryo, cannot be patented. Last week the Grand Chamber of the Court of ...

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