Patent & IP news for January 14, 2014

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post image Trolls? We won't have no stinkin' trolls!: Commission "fails to see" the UPC's problem with trolls from

 Marc Tarabella, a friendly-looking
slayer of trolls?
On 24 October 2013, Marc Tarabella, a Belgian politician and Member of the European Parliament quietly prepared a question to the Commission on the issue of patent trolls ...

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post image Book review: Intellectual Property Law from

The sixth edition of Intellectual Property Law, by Tina Hart, Simon Clark and Linda Fazzani, was published late last year by Palgrave Macmillan. The authors' backgrounds cover both practice and academe: Tina Hart, previously Senior ...

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post image Problems with the OHIM database: prioritising the solutions from

The IPKat's friend, fellow blogger and IP practitioner Barbara Cookson has prepared the following memorandum which does not seek to carp about the Office for Harmonisation in the Internal Market (OHIM) but rather to ...

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post image Representation before the Unified Patent Court: a chance to discuss from

One aspect of the forthcoming root-and-branch reform of patent litigation in the European Union (or most of it, at any rate) that has received relatively little attention so far is the issue of representation by ...

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post image Comforted by rhe seat of justice: a perspective on Virgin v Zodiac from

Virgin Atlantic Airways v Zodiac is one of the most interesting and multifaceted patent appeals to reach the Court of Appeal for England and Wales in the past few years. Claire Bennett and Andrew Preston ...

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post image Grace periods: waving the flag and pre-filing disclosure from

One of the IPKat's posts late last year, "Grace periods for patents: a call from ALLEA" (17 December, here) attracted a little flurry of interest at the time, but was over taken by events ...

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post image Update on Regulation Implementing Nagoya - result of Trilogue from

Merpel has, as is her wont, been prowling the corridors of power, trying to find the result of the Trilogue concerning the draft Regulation implementing the Nagoya Protocol in the EU.

IPKat TrilogueAs the IPKat ...

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Patent Profile: Duke University and Cognosci Receive Patent for Methods of Diagnosing Cancer from

By Josh Bosman -- Last week, the U.S. Patent and Trademark Office issued U.S. Patent No. 8,623,601, which is entitled "Methods of diagnosing cancer." The '601 patent, which is assigned to Duke ...

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News from Down Under -- High Court of Australia Confirms That Claims to Methods of Medical Treatment Are Patentable in Australia from

By Gary Cox, Craig Humphris and Donna Meredith -- In the decision of Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50 (order), the High Court of Australia, Australia's supreme court, confirmed that ...

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Acquired Patent Licensing: Guest Post by Prof. Risch from

By: Michael Risch, Professor of Law, Villanova University School of Law Read the whole draft here, forthcoming in the George Mason L. Rev. It is about half the length of a typical law review article ...

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Yeda's US Patent No. 8,629,259 directed to tailor-made thermotolerance for photosynthetic organisms from

In US Patent No. 8,629,259 (issued January 14, 2014), Yeda Research and Development Co. Ltd. notes

Numerous studies showed that the photosynthetic energy conversion by PSII RC is highly sensitive to irradiation and ...

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CAFC discusses "what is" prior art; attorney diligence in IN RE ENHANCED SECURITY RESEARCH from


With respect to obviousness, the critical issue is whether the Manual in combination with Liepins teaches a person of ordinary skill in the art how to assess the severity ...

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Lengthy Prosecution History of Patent-in-Suit Weighs Against Stay Pending CBM Review from

The court denied defendants' motion to stay pending CBM review because the potential simplification of issues and undue prejudice to plaintiff weighed against a stay. "[T]he [patent-in-suit] has gone through a lengthy prosecution process ...

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Supreme Court will not hear the Newegg/Soverain case from

The Supreme Court has declined to hear the Newegg case; see U.S. Supreme Court refuses to hear Internet shopping patent case . Lee Cheng of Newegg was quoted: "The witch is dead, hurray. We are ...

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UN Office On Drugs And Crime Launches Anti-Counterfeit Campaign Aimed At Organised Crime from

The United Nations Office on Drugs and Crime (UNODC) today launched a major awareness-raising campaign against trafficking in counterfeit goods, which it said is a major revenue source for organised crime worldwide: $250 billion per ...

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Plagiarism in thesis at UIC College of Nursing? from

Of note in the article by the Chicago Tribune on alleged plagiarism by one Angela Henderson:

The [Chicago] Tribune ran Henderson's 129-page dissertation through iThenticate, plagiarism detection software used by universities to check the ...

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Of interest as to "what isn't" plagiarism from

From the article Student accuses academician of plagiarism related to charges leveled against Wang Zhengmin :

The Academic Committee of Fudan University said Wang's behavior was not plagiarism. It said that depicting many graphs from ...

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Pro se appellant loses at CAFC from

Hemphill v. Johnson and Johnson

Of relevance in the case:

The district court correctly ruled that
“reexamination certificates do not alter the term of a patent” and
therefore,the certificate did not change the fact ...

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ALJ Pender Issues Notice Of Initial Determination And Recommended Determination On Enforcement And Modification In Certain Dimmable Compact Fluorescent Lamps (337-TA-830) from

On January 10, 2014, ALJ Thomas B. Pender issued a Notice of Initial Determination and Recommended Determination on Enforcement and Modification (“EID”) in Certain Dimmable Compact Fluorescent Lamps and Products Containing Same (Inv. No. 337-TA-830 ...

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