Patent & IP news for March 11, 2014

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post image Green Patent Fast Track Opens in Taiwan from

It’s been a while since a national intellectual property office has seen fit to open a fast lane for green technology patent applications.  So the recent announcement out of Taiwan is welcome news. The ...

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post image The CJEU's take on trade mark genericism - The Great Kornspitz Bakeoff decided? from

The CJEU has now, on 6 March 2014, handed down its eagerly awaited decision in Case C-409-12, Backaldrin Osterreich The Kornspitz Company concerning the genericism of a trade mark (Kornspitz for foodstuff) in a case ...

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Scholarship: What Patent Attorney Fee Awards Really Look Like from

By Dennis Crouch The debate over attorney fee shifting continues both in Congress and in cases before the Supreme Court. In an interesting new article, Saurabh Vishnubhakat compiles fee award statistics for the past decade ...

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Indirect Competition Supports Finding of Irreparable Harm for Permanent Injunction from

Following a jury trial, the court granted both plaintiffs' motion for a permanent injunction; both plaintiffs were irreparably harmed even though one did not practice the patent-in-suit. "[One plaintiff] directly competes with [defendant] for the ...

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International Patent Forum 2014: who's speaking on litigation? from

Last month, PatLit posted this note about the International Patent Forum 2014, organised by Managing Intellectual Property magazine for 18 and 19 March. When that note was posted, it linked to a provisional list of ...

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Innovation U 2.0 and the rise of the student entrepreneur from

Back in 2002, Lou Tornatzky and colleagues published a report on innovation and research universities, Innovation U. Earlier this month, Tornatzky published an updated version to take into account the changes in the innovation and ...

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Hwang revisited, as stem cell researcher issues retraction of papers from Nature? from

Stem cell researcher Teruhiko Wakayama, of Japan's RIKEN Institute, has issued the following retraction to papers co-authored with lead investigator Haruko Obokata: "I'm no longer sure that the articles are correct." The papers ...

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Obamacare and Innovation: #GeeksGetCovered from

By Dennis Crouch Over the years, I have spoken with a substantial number of potential entrepreneurs who do not make the leap and instead remain employees. The most common justification for the inertial phenomenon is ...

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“Shame On You” – EU Parliament Pressured On Vote Over Surveillance from

On the eve of European Parliament's final decision on consequences from revelations of mass surveillance directed against citizens, several members of the Parliament heavily criticised EU governments for the lack of action.Related Articles ...

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A Patentee Must Prove Infringement (Or Else Lose) from

By Dennis Crouch Medtronic v. Boston Scientific (Fed. Cir. 2014) Earlier this year, the Supreme Court issued a decision in this case – holding that the patentee has the burden of persuasion on the issue of ...

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ALJ Pender Grants Summary Determination Of Violation And Recommends General Exclusion Order In Certain Cases For Portable Electronic Devices (337-TA-861/867) from

On March 5, 2014, ALJ Thomas B. Pender issued the public version of Order No. 28 (dated February 21, 2014) in Certain Cases for Portable Electronic Devices (Inv. No. 337-TA-861/867).  In the Order, ALJ ...

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Innovation Law Beyond IP Pre-Conference Blog Symposium at Balkinization from

Today I launched our blog symposium for the upcoming Innovation Law Beyond IP conference at Balkinization:
On Sunday, March 30, the Yale Law School Information Society Project is hosting a conference on Innovation Law Beyond ...

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WTO-WIPO IP Training Course For Governments Begins from

The World Trade Organization and World Intellectual Property Organization are jointly offering a course this week on all aspects of intellectual property to a group of officials from developing countries and countries in transition, the ...

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Danisco wins at CAFC in Novozymes case from

In citing Arkema Inc. v. Honeywell Int’l, Inc., 706 F.3d 1351, 1357 (Fed. Cir. 2013), the CAFC reversed the district court   in Danisco v. Novozymes.

Danisco won. 

The CAFC noted: 

The record demonstrates ...

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Danisco v. Novozymes: DJ’s and pre-issuance activity from

Danisco US Inc. v. Novozymes A/S  (Fed. Cir. 2014) 13-1214.Opinion.3-7-2014.1 Panel: Lourie (author), Prost, O’Malley On August 28, 2012, Patent No. 8,252,573 issued to Novozymes.  That same day ...

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