Patent & IP news for February 10, 2014

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post image Monday miscellany from

Last chance  ... Time is running out for readers who wish
* to register for this Thursday's IP and Retail Conference 2014, held at the Holborn Bars De Vere, London (details here)
* to let the organisers ...

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post image Italian supreme court says that Google is not liable for illicit treatment of personal data committed by its users from

Can ISPs - notably hosting providers - be liable for the illicit treatment of personal data committed by users of their services?

This intriguing question has been at the centre of a legal saga that has unfolded ...

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Conference & CLE Calendar from

February 13, 2014 - "Proactive Patent Procurement and Prosecution Strategies: Minimizing the Threat of Post-Grant Challenges -- Insulating Your Patent Portfolio From New Threats" (Strafford) - 1:00 to 2:30 pm (EST) February 18, 2014 - "Proposed Patent ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Dr. Reddy's Laboratories Ltd. et al. 1:14-cv-00157; filed ...

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Samsung, Google lawyers to represent patent licensing firm in tomorrow's $2 billion Apple trial from

It's too early to tell how much, if any, of IPCom's $2 billion damages claim in Germany Apple will ultimately be ordered to pay. But even before the trial begins, a long list ...

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Nokia-HTC deal was 25th announced royalty-bearing patent license to involve Android from

It's settlement season with three major deals (Rockstar-Huawei, Ericsson-Samsung, Nokia-HTC) having been struck during these past three weeks. Friday's settlement between Nokia and HTC was the 25th royalty-bearing patent license agreement to have ...

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Are U.S. and EU antitrust enforcers taking a rather soft line on standard-essential patent issues? from

Violators of competition laws often get away with a slap on the wrist. This has been repeatedly the case with respect to the abuse of FRAND-pledged standard-essential patents (SEPs). Years ago the European Commission missed ...

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US Trade Representative Hearing in February 2014: designate India a “Priority Foreign Country”? from

SpicyIP notes:

In pursuance to its investigation into India’s trade, investment and industrial policies, the U.S. International Trade Commission (USITC) is holding a public hearing on February 13, 2014. Professor Srividhya Ragavan (University ...

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Review by Third Circuit of Lamictal case likely from

Does a promise not to market an "authorized generic" amount to a reverse payment?

Look at post District court holds that under FTC v. Actavis, “pay for delay” means money relevant to a possible appeal ...

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WIPO Genetic Resources Text Compiles Differences, Headed To General Assembly from

Despite spending a week in mostly closed, informal discussions, the World Intellectual Property Organization committee working on the protection of genetic resources, got little closer to breaching the opposing viewpoints. Members managed to produce a ...

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Some additional thoughts on the BGH's landmark decision in Hard Rock Café from

Guest Kat Nadia's excellent summary of the recent JIPLP/GRUR "Passing Off and Unfair Competition" event (see here) has prompted this Kat to again ponder the importance of the German Federal Court of Justice ...

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MVS Filewrapper® Blog: Means-Plus-Function Claims and Written Description for Priority from

In EnOcean GMBH v. Face International Corp., the Federal Circuit vacated and remanded a final order of the U.S. Patent and Trademark Office (“PTO”) and the Board of Patent Appeals and Interferences (“Board”) with ...

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Institution of IPR Does Not Preclude Intent Necessary to Plead Induced Infringement from

The court denied defendant's motion to dismiss plaintiff's amended claims for induced infringement for failing to sufficiently plead intent. "[Defendant] . . . suggests, based on the Federal Circuit's recent decision in Commil USA, LLC ...

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ITC Institutes Advisory Opinion Proceeding In Certain Kinesiotherapy Devices (337-TA-823) from

On February 7, 2014, the ITC issued a notice instituting an advisory opinion proceeding in Certain Kinesiotherapy Devices and Components Thereof (Inv. No. 337-TA-823). By way of background, the investigation was based on a December ...

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Whither the USPTOs Authority to Require Ownership Recordation from

By Dennis Crouch The USPTO has proposed a new set of proposed rules that would require recordation of patent ownership rights, including the ultimate parent entity of any patent owner. Some question whether the USPTO ...

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Alert: Pharma IPR 2014 Conference In Mumbai, 26-28 February from

Dear Subscribers,CPhI's 3rd Annual Pharma IPR 2014 conference to take place from 26-28 February, 2014 in Mumbai, India will have techno-legal experts from over 10+ regions speaking on the recent case studies on ...

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ALJ Gildea Declines To Issue Sanctions And Denies Cross-Motion To Enforce Subpoena In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876) from

On February 6, 2014, ALJ E. James Gildea issued Order No. 58 and 64 in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876). According to Order No. 58, nonparty Hillcrest ...

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ALJ Shaw Grants Motions To Terminate Investigation In Certain Multiple Mode Outdoor Grills (337-TA-895) from

On February 6, 2014, ALJ David P. Shaw issued the public versions of Order No. 19 and No. 20 in Certain Multiple Mode Outdoor Grills and Components Thereof (Inv. No. 337-TA-895). According to Order No ...

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