Patent & IP news for August 23, 2012

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post image Featured Study: Self-Testing Medical Devices Improve User Results from

Some electronic devices have programs that allow users to perform a diagnostic test on the device or system. These self-tests, or diagnostic, can be extremely important in things such as medical devices. You can help ...

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post image New York State Bar Assoc. IP Conference to feature panel on trademark bullying from

The New York State Bar Association’s Intellectual Property Law Section Annual Meeting will be held September 14-15, 2012 in New York City.  I will be speaking on a panel  called “INITIATIVES TO ADDRESS TRADEMARK ...

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Is the changing workplace diminishing human capital? from

Following up on yesterday's posting on the changing labor market, here is an interesting report from Knowledge@Wharton, "Declining Employee Loyalty: A Casualty of the New Workplace." The article reinforces my earlier point that ...

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CAFC decides jurisdictional issue in Gemstar case from

The bottom line:

The district court erred in finding original patent jurisdiction over Gemstar’s contract claims but did not err in declining to exercise supplemental jurisdiction. As such, this court reverses the finding of ...

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A new highest patent court for Europe? Not as long as the Court of Justice of the EU is here from

This guest post is by Angelos Dimopoulos, Assistant Professor at Tilburg Law School and Petroula Vantsiouri, Doctoral Candidate at the University of Cambridge, Faculty of Law. I invited the pair to write this post to ...

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Whitserve v. Computer Packages from

By Jason Rantanen Whitserve, LLC v. Computer Packages, Inc. (Fed. Cir. 2012) Download 11-1206-1261 Panel: Prost, Mayer (dissenting), O'Malley (majority author) Much of this opinion deals with relatively typical appeal issues of infringement, anticipation ...

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Plagiarists caught by peers from

A post titled Why Students Who Plagiarize Get Away With Nothing contains the text

Coursera is the online venture that has partnered with Stanford, Princeton and other elite institutions of higher education to offer web ...

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Samsung Avoids Adverse Jury Instruction for Spoliation of Evidence from

The court granted defendants' motion for relief from the magistrate judge's order denying as untimely defendant's motion for a mirror spoliation adverse inference instruction against plaintiff. However, the court granted the parties' request ...

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Ten Years of Inter Partes Reexamination Data from

Guest Post by Eric Rogers. Eric is a recent graduate of Chicago Kent's JD program and also holds a PhD in molecular genetics. Eric has conducted an extensive analysis of inter partes patent reexaminations ...

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Zombie Trademarks: Bringing a Trademark Back From The Dead from

Unlike patents and copyrights, a trademark can exist in perpetuity so long as it is being used. And a mark has to be used to stay alive. But sometimes, and for a variety of reasons ...

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No Fruit for You: EU Trademark Board finds Fruit of the Loom’s use of the mark “fruit” to be invalid from

Although not as exciting as a Victoria’s Secret Fashion Show, the latest trademark case involving undergarment company Fruit of the Loom has grabbed the trademark world’s attention. Founded in 1851 in Rhode Island ...

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Recapture from

Xicor got a patent (5,977,585) for an incremental improvement relating to EEPROMs (static computer memory chips). Xicor sought a reissue, to recapture subject matter previously surrendered during prosecution, because the original claims were ...

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SCP's Questionnaire on Exceptions and Limitations to Patents from

Recently WIPO's Standing Committee on the Law of Patents (SCP) sent out a questionnaire to member states regarding member state's exceptions and limitations to patent rights. The responses have come in and inadvertently ...

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4 Fun Back to School Patents from

Depending on where you live, it’s starting to get to be that time again. No, I’m not talking about the EPL (best to ignore that for now) or American football starting up again ...

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Patent Eligibility and Biology from

By Kevin E. Noonan -- Earlier this month we asked for examples of instances where claims to isolated DNA interfered with basic research (The Proper Scope of DNA (or "Gene") Patent Claims). We posited that the ...

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