Patent & IP news for August 7, 2013

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post image Royal baby under attack from cybersquatters from

Still a babe, but
already being merchanded
While cats tend to have their kittens in multiples and with surprising frequency, members of the British Royal Family produce their offspring only occasionally and at highly irregular ...

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NCI Researchers Generate Largest Database of Cancer-specific Genetic Variations from

By Donald Zuhn -- Last month, the American Association for Cancer Research (AACR) announced that researchers at the National Cancer Institute (NCI) had generated a data set of cancer-specific genetic variations, which the researchers were making ...

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Stay or Split? - the Legal Board decides from

The Legal Board of Appeal of the European Patent Office has recently confirmed that, while the prosecution of an application is subject to a stay of proceedings, a divisional filing cannot be made based on ...

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Acknowledging Copyright’s Illegitimate Offspring: User-Generated Content and Canadian Copyright Law from

Bill C-11[1] provides for a new exception to infringement for user-generated content (UGC), along with new grounds for fair dealing. These provisions, combined with a strong and clear message  from the Supreme Court of ...

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Some thoughts on Jeff Bezos and the Washington Post from

Lots of ink has been spilled and bandwidth used to discuss the sale of the Washington Post to Amazon founder Jeff Bezos. I have just one thought to add to the discussion. For all the ...

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Late filing in German Nullity Procedure – Do Not Overstretch from

After the decision “Bearbeitungsmaschine” discussed here, the fourth Senate of the Bundespatentgericht has issued a new decision with the name “Dichtungsring” (4 NI 13/11) (headnote published here. Full text of the decision not yet ...

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Apple v. ITC from

The opening of Apple v. ITC:

Apple appeals from the final decision of the International
Trade Commission (ITC) that the asserted claims of
U.S. Patent No. 7,663,607 (’607 patent) are invalid and ...

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Rembrandt v. Johnson & Johnson from


Rembrandt Vision Technologies, Inc. (Rembrandt) appeals
from the district court’s judgment that Johnson &
Johnson Vision Care, Inc. (JJVC) does not ...

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Impact of Restriction/Election on Claim Scope and Integrating Objective Indicia Into the Obviousness Analysis from

By Dennis Crouch Plantronics is an important case for patent prosecutors both for its discussion of proper restriction/election technique and for its language requiring the consideration of objective indicia of nonobviousness prior to reaching ...

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Apple succeeds on appeal: dismissed ITC patent case against Google's Motorola Mobility alive again from


The United States Court of Appeals for the Federal Circuit just handed down its opinion on Apple's appeal of the ITC's March 2012 dismissal ...

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Patent Trolls or Patent Heroes? – The Increasing Pressure on Patent Assertion Entities from

On July 13, 2013, the New York Times published an article on Erich Spangenberg’s business enterprise, IPNav, which is considered to be one of the largest Patent Assertion Entities (“P.A.E.s”) in ...

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Canadian Objection to proposed .mls domain .rejected from

The World Intellectual Property Organization (WIPO) has rejected the Legal Rights Objection (LRO) of the Canadian Real Estate Association of Ottawa to the registration of the generic Top Level Domain (gTLD) .mls by Afilias Limited ...

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Earlier Recovery for Infringement from Supplier Does Not Preclude Willfulness Claim Against Customers from

The court granted in part a group of customer defendants' motion to dismiss plaintiff's infringement claims because a jury in an earlier action had awarded plaintiff damages for their supplier's infringement of 2 ...

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Rembrandt v. Johnson & Johnson: Expert Reports and Inconsistent Testimony from

By Jason Rantanen Rembrandt Vision Technologies, L.P. v. Johnson & Johnson Vision Care, Inc. (Fed. Cir. 2013) Download Rembrandt v J&J; Panel: Dyk, Clevenger, Moore (author) While this opinion is precedential, it does not ...

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ALJ Bullock Issues Public Version Of Initial Determination In Certain Ink Application Devices (337-TA-832) from

Further to our July 19, 2013 post, on July 30, 2013, Chief ALJ Charles E. Bullock issued the public version of the Initial Determination (“ID”) (dated July 17, 2013) in Certain Ink Application Devices and ...

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ALJ Gildea Grants-In-Part Motion To Compel In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876) from

On July 31, 2013, ALJ E. James Gildea issued the public version of Order No. 11 (dated July 19, 2013) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876).  According ...

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Chinese Intellectual Property News – July 2013 from

Hello everyone! Our friends at AFD China recently released their monthly newsletter.  Please see below for the highlights from the July edition: China issued a development report, marking the fifth anniversary of the implementation of ...

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Ford on Invalidity vs. Noninfringement from

I'm in NYC for the IP Scholars Conference (IPSC) at Cardozo Law, and one of the (many) article presentations I'm really looking forward to is Patent Invalidity Versus Noninfringement (forthcoming in the Cornell ...

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