Patent & IP news for July 15, 2013

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post image Reach for the Sky? Or Drive more carefully ... from

What is it about the word "sky" that so attracts us? Is it the fact that it is short, simple to remember and easy to pronounce? Or is it the aspirational pull that attaches to ...

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post image Do you care if the food at the restaurant is labeled "fait maison"? from

What happens when creativity and innovation are poorly served by the standard IP framework -- and to what extent
should IP professionals seek to engage in this murky IP netherworld? A prime example is the world ...

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post image Golden Eye: "If you are reading this, then more than likely you have infringed our rights already" from

The Kats engage in purr-to-purr file-sharing A little more than a year ago, the IPKat reported on Golden Eye (International) Ltd and others v Telefonica UK Ltd, Consumer Focus intervening [2012] EWHC 723 (Ch). In ...

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post image Monday miscellany from

Final reminder: this coming Thursday is the day of CLT's "Intellectual Property and the Digital Entertainment Industry" conference. If you've been vacillating about whether to register, be brave -- take the plunge!  Click here ...

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Micro Entity Status For Universities And AIA Rulemaking On Power Of Attorney from

The authors write: "The US Patent and Trademark Office recently introduced a discounted “micro entity” rate on official fees for qualifying universities. Unfortunately, recent changes in the USPTO’s rules on applicants and powers of ...

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Board finds swear-behind with redacted dates insufficient to show conception before critical date from

Takeaway: An Applicant submitted a swear-behind declaration along with two evidentiary exhibits: an invention disclosure document with redacted dates; and a letter directing outside counsel to prepare a patent application, with a date after the ...

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WIPO Scrounges For Funds For Indigenous Participants In Key Treaty Negotiations from

World Intellectual Property Organization members are nearing conclusion of negotiations for an international instrument or instruments on issues critical to indigenous peoples, such as protection of traditional indigenous knowledge, practices and genetic resources. But the ...

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Generic Terms In Domain Names Proving Difficult To Defend As Trademarks from

In one of the first decisions on an objection filed at the World Intellectual Property Organization against a new top level domain (TLD) application, the complainant, Express, LLC lost to Sea Sunset, a subsidiary of ...

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ALJ Bullock Rules on Motions In Certain Sintered Rare Earth Magnets (337-TA-855) from

On June 25, 2013, Chief ALJ Charles E. Bullock issued Order Nos. 120 (dated May 29, 2013), 121 (dated May 29, 2013), 122 (dated May 30, 2013), 123 (dated May 30, 2013), 124 (dated May ...

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Unless Evidence “Requires a Finding of Deceptive Intent,” Summary Judgment of No Inequitable Conduct is Appropriate from

The court granted plaintiff's motion for summary judgment that its suture patents were not obtained through inequitable conduct. "As in other cases, the parties here dispute how [Therasense, Inc. v. Becton Dickinson and Co ...

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Microsoft Sues U.S. Customs and Homeland Security to Enforce ITC Exclusion Order from

Microsoft filed suit against the Department of Homeland Security and the Bureau of Customs and Border Protection (“CBP”), to enforce an ITC exclusion order prohibiting importation of certain mobile phones with calendar synchronization functionality. “This ...

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Patent expirations cause job loss from

Genetic Engineering and Biotechnology News mentioned patent issues as reasons for the two largest employee cutbacks in the biotechnology area:

As to Eli Lilly:

Why the company did it: Adaption to “changing customer requirements, evolutions ...

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US Advertising Networks Issue Best Practices For Online Infringement from

Several United States-based advertising networks today announced a set of best practices to address online infringement by reducing ad revenue to websites engaged in piracy and counterfeiting. Related Articles:
Whither or Wither the A/C Privilege? from

The attorney-client privilege is one of the most sacrosanct and inviolable, allowing full and frank dialogue between client and counsel.

The recent decision in BSP Software LLC v. Motio, Inc., 1-12-cv-02100 (ND Ill. July 9 ...

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U.S. appeals court schedules major Apple-Samsung showdown over patent injunction for August 9 from

The United States Court of Appeals for the Federal Circuit has just given notice of a scheduling decision. Apple's appeal of Judge Koh's December 2012 denial of a permanent injunction against various Samsung ...

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WIPO Members Back In Negotiations On Protection Of Traditional Cultural Expressions from

Members of the World Intellectual Property Organization this week are attempting to advance 13-year-old negotiations on the protection of traditional cultural expressions (folklore) to a point where they can enter final high-level treaty negotiations. But ...

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US Marine, trade secret case against US government from

United States Marine, Inc. (USM) sued the United States in the United States District Court for the Eastern District of Louisiana under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674 ...

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ITC Institutes Investigation (337-TA-887) Regarding Certain Crawler Cranes from

On July 11, 2013, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887). The investigation is based ...

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Why pay for the cow... from

This interesting article in the New York Times regarding a so-called patent troll, raises the obvious question:  If the patents are no good and the claims of infringement frivolous, how is it that is somehow ...

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ALJ Essex Issues Public Version Of Early Initial Determination Raising Questions About Use Of ITC Pilot Program In Certain Products Having Laminated Packaging (337-TA-874) from

Further to our July 5, 2013 post, on July 12, 2013, ALJ Theodore R. Essex issued the public version of the Initial Determination (“ID”) (dated July 5, 2013) on the Economic Prong of the Domestic ...

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Smith & Nephew, Inc. v. Rea (Fed. Cir. 2013) from

By Nicole Reifman -- Last week, in Smith & Newphew, Inc. v. Rea, the Federal Circuit reversed a decision of the Patent Trial and Appeal Board, finding U.S. Patent No. 7,128,744 (the '744 patent ...

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