Patent & IP news for January 10, 2014

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post image Does copyright have a notion of "progress"? from

Is there a notion of “progress” with respect to IP, and especially copyright? Let’s start from the beginning (1787)-- Article 1, Section 8, Clause 8 of the U.S. Constitution empowers the United States ...

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post image Supreme Court to Hear Several Patent Cases from

The Supreme Court has agreed to hear two patent cases before the end of the current term. Limelight Networks, Inc. v. Akamai Techs., Inc. In 2012, a divided en banc Federal Circuit permitted divided infringement ...

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post image December employment from

Surprising news this morning on jobs. The BLS reports that the unemployment rate fell to 6.7% in December. BUT, total nonfarm payroll employment only grew by 74,000. Economists surveyed by the Dow Jones ...

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USPTO Releases Performance and Accountability Report for FY 2013 from

By Donald Zuhn -- The U.S. Patent and Trademark Office recently released its Performance and Accountability Report for Fiscal Year (FY) 2013. As in last year's report, the most recent report notes that the ...

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Defense Formulated After Infringing Activity May Be Reasonable from

The court granted defendant's motion for summary judgment that it did not willfully infringe plaintiff's multimedia display patents. "If a defense, which was ultimately rejected by the jury, can nevertheless be considered reasonable ...

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Appellant loses in Ex parte Pantalone from

From with Ex parte Pantalone

Appellants contend “that instead of considering the claim as a whole,
the Examiner has dissected the [disputed] feature of claim 1 into discrete elements and evaluated the elements in isolation ...

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In Ex parte FITZPATRICK appellant loses on anticipation, wins on obviousness from


In a non-precedential decision, our reviewing court reminded us of the 2 applicability of the precedential In re Gulack, 703 F.2d 1381 (Fed. Cir. 3 1983), In re Bernhart, 417 ...

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Vesicles in Prochlorococcus? from

Published Jan. 10, 2014, in the journal Science:

Many heterotrophic bacteria are known to release extracellular vesicles, facilitating interactions between cells and their environment from a distance. Vesicle production has not been described in photoautotrophs ...

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Quiet: Introverts and Patent Rights from

by Dennis Crouch Susan Cain's book Quiet walks through an historic societal transformation toward an "Extrovert Ideal" that "dramatically undervalues introverts" and incorrectly equates introversion with shy and antisocial behavior. This transformation parallels the ...

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Sherlock Holmes Has (Mostly) Entered the Public Domain from

In what may not come as a surprise to many in the legal field, a federal court has recently confirmed that pre-1923 Sherlock Holmes-related works by Sir Arthur Conan Doyle are within the public domain ...

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Interview: Prof. Chidi Oguamanam On “Intellectual Property In Global Governance” from

In this interview, Intellectual Property Watch’s William New sat down with Prof. Chidi Oguamanam, a professor in the University of Ottawa Faculty of Law, to talk about his recent book, “Intellectual Property in Global ...

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Judge Ronald M. Whyte affirmed by CAFC in Nazomi case from

Nazomi loses in Nazomi v. Nokia.

Contrary to Nazomi, there is nothing unusual or improper in
construing device claims to require particular functionality.
See, e.g., Typhoon Touch Techs., Inc. v. Dell, Inc. ,
659 F ...

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Supreme Court on Intellectual Property from

The Supreme Court agreed today to hear four new intellectual property cases this session: Two patent cases, a copyright case, and a trademark case: Nautilus v. Biosig Instruments (13-369): what is the proper standard for ...

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ALJ Essex Sets Procedural Schedule In Certain Windshield Wipers (337-TA-902) from

Further to our November 25, 2013 and December 26, 2013 posts, on January 8, 2014, ALJ Theodore R. Essex issued Order No. 5 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-902). According to ...

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ITC Institutes Investigation (337-TA-904) Regarding Certain Acousto-Magnetic Electronic Article Surveillance Systems from

On January 9, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Acousto-Magnetic Electronic Article Surveillance Systems, Components Thereof and Products Containing the Same ...

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IP Osgoode: Call For Applications from

We are pleased to announce a call for applications for a number of exciting summer opportunities with IP Osgoode including IPilogue Editors, IPilogue Content Editor, and IP Osgoode Innovation Clinic Fellow positions. See below for ...

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