Patent & IP news for February 6, 2014

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post image EU Parliament adopts Collective Rights Management Directive from

Gino celebrating
further progress made
towards final adoption
of the directive
There are just a few topics in the realm of copyright (well, for sure one is technological protection measures) that this Kat finds more ...

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post image EPO Fleas to Increase April 2014 - Kats are concerned from

Newsflash: The EPO plans to increase fleas from 1 April 2014; panic has beset the IPKat office. 
"No, I said increase in FEES"I’m obviously joking, we haven’t got an office… and the ...

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post image Will The North Face put on a brave face? COC turns the screw from

A fortnight ago, our Friday Fantasies led with a story, "Canadian Olympic Committee in Unfair Competition Dispute with US Clothing Company", from Katfriend Lucas S. Michels (an attorney with Ironmark Law Group PLLC and ...

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post image Patent Case Filings: Slow Start in 2014 from

The chart above comes from LexMachina [Link] and shows the number of lawsuits filed each month for the past several years. You’ll note that the number of case filings in January 2014 is the ...

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post image Red Bull v Bulldog: the answer is "yes, but it all depends ..." from

Taking advantage of the distinctive character or reputation of another's trade mark is only a problem under European trade mark law if the person who gains that advantage does not have 'due cause' to ...

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post image Lies where the balance of probabilities lies: a sad tale of two statements of truth from

Last December, in "A touch of class? No, just a glass-- but beer's best tasted in glass that's waisted" (here), soon-to-be-guest-Kat Darren Meale provided us with a commentary on the design law issues ...

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post image Wednesday whimsies II from

If you're in the mood for a little small-screen entertainment and have your popcorn primed, you might consider taking a look at this little video on the International Trademark Association (INTA) website which was ...

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post image Wednesday whimsies from

Forthcoming IP events. Have you checked out the IPKat's Forthcoming Events page lately? There plenty of events listed -- conferences, forums, courses, seminars, lectures, summer schools -- some of which are free to attend. Many of ...

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Appellant fails to make argument in opening brief and loses under Ex parte Borden from

A failure to raise an issue in the opening brief was costly to Appellant in Ex parte Bopp.

It is well established that arguments not raised in the opening Brief are deemed waived. Cross Med ...

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Means Plus Function and Patent-Eligible Subject Matter: Conflicting Opinions at the PTAB from

Posted by: Adam Ellsworth

The MPEP contains a very specific rule at section 2181(II)(B) directed to the interpretation of means-plus-function claims to determine if the claim is directed to patent-eligible subject matter. This ...

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United States Argues That Consumer Watchdog Lacks Standing to Appeal Board Decision on WARF Patent from

By Donald Zuhn -- In December, the Federal Circuit invited the United States to address the issue of whether Consumer Watchdog had Article III standing to pursue an appeal of a decision by the Board of ...

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December trade in intangibles - and 2013 from

This morning's data from BEA on the U.S. trade balance is not welcome news. The trade deficit grew in December by $4.1 billion to $38.7 billion. Exports down by $3.5 ...

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PTO Seeks to Require Identification of Attributable Owner from

The PTO has published an extensive proposed rule to require patent and patent applications to identify the “attributable owner.”  The PTO asserts that the public should be able to identify the true owner of a ...

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Civil Action Dismissed Without Prejudice Does Not Trigger § 315(a)(1) IPR Bar from

The Board denied the patent owner's motion to reconsider an earlier decision instituting inter partes review and rejected the argument that the petition was untimely under § 315(a)(1). "[The patent owner] contends . . . that ...

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Part 1: Transplanting the Canadian UGC Exception to Hong Kong from

In July 2013, the Hong Kong government conducted a public consultation on the treatment of parody under the copyright regime. Building on two earlier consultations on digital copyright reform in December 2006 and April 2008 ...

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Rolex v Blomqvist: enough to give you a seizure from

The IPKat is not easily deterred from his purrpose, but he is sometimes deflected from it. More than half way through the afternoon, the Curia diary for today still shows the following information:
C-98 ...

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Shubha Ghosh: IP Federalism from

In his new piece, Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence and IP Federalism, Shubha Ghosh discusses what he sees as the Federal Circuit's inappropriate encroachment on state contract laws respecting ...

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Complaint Means Complaint For Purposes of Triggering the Time Bar Under 35 U.S.C. § 315(b) from

The United States Patent Trial and Appeal Board (“PTAB”) recently interpreted what constitutes a “trigger” under 35 U.S.C. § 315(b). The PTAB concluded that under the statute, a “complaint alleging infringement of the ...

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Indigenous Panel At WIPO Asks For International Instrument Compliant With Their Recognised Rights from

A panel addressing negotiators this week at the World Intellectual Property Organization asserted the property rights of Indigenous Peoples and Local Communities over traditional knowledge and genetic resources and called on delegates to draft an ...

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First Study Maps Global Distribution Of Genetic Resources In Patented Claims from

A study of patent activity in the United Kingdom shows widespread global distribution of genetic resources used by UK innovators. The implications of international rules on access and benefit sharing will need to be communicated ...

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ALJ Pender Sets Procedural Schedule In Certain Wireless Devices, Including Mobile Phones And Tablets II (337-TA-905) from

On February 4, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Wireless Devices, Including Mobile Phones And Tablets II (Inv. No. 337-TA-905). By way of background, the investigation is based on a ...

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Thought for the day - No Reductionism from

For the past few years, I have been writing a chapter for the Colorado Bar Association’s “Annual Survey” publication.  Each year we highlight the top legal developments from the previous year — my chapter focuses ...

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