Patent & IP news for February 27, 2014

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post image No foreseeability bar in the doctrine of equivalents, says the US Federal Circuit from

Do you foresee a bright future
for the doctrine of equivalents?Last week, besides discussing the proper standard for reviewing a district court’s claim interpretation (see David's post here), the Court of Appeals ...

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post image EU copyright should (probably) allow digital resale but not fair use: UK response to EC Public Consultation from

5 March is approaching fast. If you are wondering what this date is all about, wonder no further. 

It is the new (extended) deadline for submitting responses to the Public Consultation on the review of ...

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post image Patent Troll “Witch Hunt” Slammed; IP Litigation Tactics, Too from

Companies and lawmakers who bash businesses that license patents got a dose of their own bitter medicine this week when their techniques were compared with those of fear-mongering, 1950s anti-communist demagogue Joe McCarthy. “Villains of ...

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post image CJEU says that spas must pay copyright fees and that territorial monopoly of collecting societies is OK from

Copyright + Spa = The perfect getawayIt seems it was just yesterday that Advocate General Eleanor Sharpston issued her Opinion in Case C-351/12 Ochranný svaz autorský pro práva k dílům hudebním, os (OSA) v Léčebné ...

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GlaxoSmithKline LLC v. Banner Pharmacaps, Inc. (Fed. Cir. 2014) from

By Kevin E. Noonan -- The Federal Circuit issued an opinion on Monday in GlaxoSmithKline LLC v. Banner Pharmacaps, Inc. illustrating how difficult it can be to overturn a district court determination based on a question ...

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Industry Responds to White House Calls for Prior Art, Examiner Training from

Guest Post by Professor Jorge L. Contreras As previously reported, on February 20 the White House highlighted its progress on five patent-related policy initiatives introduced in June 2013, announced three new patent-related initiatives, and renewed ...

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Texas court unveils fast track option for patent cases from

The Eastern District of Texas has launched a new case management procedure for patent infringement lawsuits.  The new procedures, dubbed “Track B” in the court’s General Order 14-3, are designed to give litigants an ...

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TRIPS Council: Discussion Of IP And Innovation Irritates India: Other Issues Unchanged from

World Trade Organization members at the WTO intellectual property committee this week held fast to positions on longstanding issues, but engaged in discussions on issues such as innovation in relation to universities, and so-called “non-violation ...

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Watch Out: Lack of Diligence When Amending Contentions Can Lead to Preclusion from

A party needs to be cognizant of the infringing instrumentalities it identifies in its infringement contentions and any subsequent amendments. In LMT Mercer Group, Inc. v. Maine Ornamental, LLC et al, No. 10-4615, 2014 U ...

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“World War Pink”: Victoria’s Secret and Thomas Pink Square Off in Dispute Over “Pink” Brands from

The global branding dispute between Thomas Pink and Victoria’s Secret opened up a front in Canada last month. In the decision, Justice Hughes of the Federal Court found that Victoria’s Secret had standing ...

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EDTX Authorizes Optional “Track B” Case Management Order for Post-AIA Cases from

Chief Judge Davis recently entered General Order 14-3 which provides an optional Case Management Order for patent cases. According to Ed Reines of Weil, Gotshal & Manges, “This case management initiative by general order of Chief ...

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The Safety of Nova Scotia’s New Cyber-Safety Act from

A Nova Scotia court has issued the first order under the new Cyber-safety Act. Some critics have claimed the Act as being overly broad and unfair, while the government has defended it as a necessary ...

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Federal Circuit Splits on Venue Transfer Issues from

By Dennis Crouch In re Apple Inc. (Fed. Cir. 2014); In re Barnes & Noble (Fed. Cir. 2014) In a pair of decisions, the Federal Circuit has denied two different petitions for writ of mandamus that ...

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Bose Files New 337 Complaint Regarding Certain Earpiece Devices Having Positioning And Retaining Structure from

On February 26, 2014, Bose Corp. of Framingham, Massachusetts (“Bose”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that Monster, Inc. of Brisbane, California, Monster, LLC ...

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Federal Patent Court of Germany declares Microsoft maps patent invalid: immediate appeal from

Today the Bundespatentgericht (Federal Patent Court of Germany) held a hearing in the nullity action brought by Google subsidiary Motorola Mobility against the German part of Microsoft's EP0845124 on a "computer system for identifying ...

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