Patent & IP news for March 20, 2014

Patent Litigations



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post image Collective Rights Management Directive published in the OJ (at last) from

Choose Bruce to manage your rights
instead of that old collecting society of yours
As IPKat readers will remember, at the end of February last the Council formally adopted a new EU directive "on collective ...

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post image No patent infringement by Google or Microsoft from

Two of the largest search engine marketing vendors in the United States (Google Inc. and Microsoft Corp.) will not have to pay Paid Search Engine Marketing Tools LLC for their alleged patent infringement. The Patent ...

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post image Pre-issuance conduct and declaratory judgment actions in the US from

In the recent case of Danisco v Novozymes, the Court of Appeals for the Federal Circuit held that the patentee’s conduct prior to issuance of a patent may be sufficient to satisfy the ‘actual ...

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Panel on Multidistrict Litigation Consolidates Myriad Cases in Utah District Court from

By Kevin E. Noonan -- The old adage "Be careful what you wish for" comes to mind regarding Myriad Genetics' motion to the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407, that cases ...

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New Article: Deference Mistakes from

Professor Jonathan Masur and I have posted a draft of our new article, Deference Mistakes, on SSRN. This article is more trans-substantive than my prior work, but it still has a significant IP angle. Here ...

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Rise Of Knowledge Societies Leads To New Social Conflicts, Book Says from

The rise of knowledge societies leads to the emergence of new conflicts initiated by stakeholders who do not come from the closed world of intellectual property, but rather from the general civil society. This reflects ...

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“License Production Order” Requires Disclosure of Licenses Covering the Patents-In-Suit, Including Settlement Licenses from

Following the case management conference, the court issued a "License Production Order" requiring plaintiff to produce all license agreements covering the patents-in-suit. "If plaintiff is seeking a reasonable royalty, in whole or as part of ...

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New Document On Technical Assistance, But WIPO Design Treaty Still In Trouble from

World Intellectual Property Organization delegates are trying to find a way out of a dividing line on how to address technical assistance in a potential new treaty on industrial designs. A new non-paper by the ...

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WIPO Debate: Can – Or Should – Governments Own Their Country Names? from

This week, Jamaica tabled a proposal at the World Intellectual Property Organization for a non-binding instrument that would provide a guideline on the protection of country names against misleading trademarks for intellectual property offices and ...

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Mixed result in Alcon v. Barr: no infringement and no invalidity from

The case Alcon v. Barr was a Hatch-Waxman matter, with Alcon losing on infringement, but surviving as to validity.  The discussion of enablement and written description is of interest.

From within:

Critically, however, the district ...

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A game of “inventor musical chairs,” from

See Gabriel v. Qualcomm   for the text

plaintiffs played a game of “inventor musical chairs,” Defs.-Appellees Br. 23, repeatedly shifting positions as to which individuals from Locate were omitted inventors. In the end, none ...

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Quantitative Analysis Of Contributions To NETMundial Meeting from

A quantitative analysis of the 187 submissions to the April NETmundial conference on the future of internet governance shows broad support for improving security, ensuring respect for privacy, ensuring freedom of expression, and globalizing the ...

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UN Praises US Pullback Of Internet Control from

The United Nations Secretary General and head of the UN International Telecommunication Union earlier this week applauded an announcement by the United States government that it plans to relinquish its remaining control over the internet ...

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Embracing Technology: A New Hope for Digital Distribution from

On March 7th, the 16th annual Osgoode Entertainment & Sports Law Association Conference brought together students and professionals to explore emerging issues in entertainment and sports law.  Susan Abramovitch (of Gowling Lafleur Henderson LLP) moderated the ...

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Presidential Innovation Fellowship for USPTO Data Initiatives from

By Dennis Crouch Can you Step Up? Patent attorneys often remember Judge Rich and his important contribution to the development of U.S. patent law. One important element of Judge Rich’s legacy is that ...

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ITC Decides To Review Initial Determination Granting Summary Determination In Certain Crawler Cranes (337-TA-887) from

On March 19, 2014, the International Trade Commission (the “Commission”) issued a notice in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).  In the notice, the Commission determined to review in part Order No ...

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Plagiarism matters: Schavan loses appeal; Bassem Youssef has problems from

Former German Education Minister Schavan lost her appeal to regain her doctorate degree which had been revoked for plagiarism.

As reported by


Annette Schavan resigned as Education Minister last February, four days after ...

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Hauge wins reversal at CAFC of civil contempt ruling in "former employee" case from

The former employee Hauge prevailed against his former employer in a contempt/injunction case Energy Recovery v. Hauge.

Of the background for this inventor/former employer disagreement:

The dispute between Mr. Hauge and his former ...

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Article on the TT brief for Alice Corp: Read the brief: from

Article on the TT brief for Alice Corp: Read the brief:

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Myriad Appeals Adverse Preliminary Injunction Decision from

By Kevin E. Noonan -- On March 13, Myriad Genetics filed a Notice of (interlocutory) Appeal with the Federal Circuit. Myriad is seeking to have the Court review and reverse the District Court's denial of ...

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