Patent & IP news for April 10, 2014

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Patent & IP Blogs

post image Presentation of UKIPO and OHIM mediation services (part 2) - an event report from

Happy after a successful mediation?This Kat recently (on 31 March 2014 to be precise and does it not seem like a long time ago) attended a lunchtime "Presentation of UKIPO and OHIM mediation services ...

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post image Zygmunt Bauman -- liquid copyright or solid plagiarism? from

What a joyful era is that of postmodern society, when fixed hierarchies, old orders and classical scholarly rules of solid modernity have melted around us. What a wonderful world we live in, where a brave ...

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post image Commissioner Almunia discusses patent-related developments in EU competition law from

Speaking at the European Competition Day [actually, it should read days...] earlier today, Joaquín Almunia, the Vice-President of the EU Commission responsible for Competition Policy, addressed several recent developments in competition law. The Commissioner briefly ...

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post image Beyond belief: who needs the truth when you've got real evidence to rely on? from

Beyond belief.  Lloyds TSB Insurance Services Ltd and Halifax General Insurance Services Ltd v James Michael Shanley [2014] EWCA Civ 407 is an unusual case. It's not unusual for the fact that it's ...

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post image BREAKING NEWS: CJEU says that private copying may only apply to reproductions from lawful sources from

Can a national law understand the private copying exception pursuant to Article 5(2)(b) of the InfoSoc Directive as encompassing reproductions from lawful and unlawful sources alike? What is the role of the three-step ...

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post image Hotting up in the chilly north: Nordic-Baltic pact to forge UPC regional division from

Who's in, who's out?On 4 March 2014 Sweden, Estonia, Latvia and Lithuania signed an agreement to establish a Nordic-Baltic regional division of the Unified Patent Court. Finland and Denmark, originally involved in ...

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post image Educating the patent attorney profession - CEIPI course seeks trainees from

The route to qualification as a patent attorney in the UK is a hot topic at the moment, with IPReg having consulted on a couple of proposals to significantly change the examination process for becoming ...

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House and Senate Bills Would Provide Incentive for Repurposing Old Biologics from

By Donald Zuhn -- Last month, Sen. Richard Blumenthal (D-CT) and Rep. Joaquin Castro (D-TX) introduced legislation in the Senate and House, respectively, that would extend the term of certain patents claiming a method of using ...

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Shire Development, LLC v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2014) from

By Kevin E. Noonan -- Claim construction in patent cases, and the propensity for the Federal Circuit to disagree with a district court's conclusions regarding the scope and meaning of claim terms, remains one of ...

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EU Trademark Case Leads To Rules On Use Of Nice Classification from

The perhaps underestimated list of goods or services that applicants file with their trademark applications play an essential role in defining the protection the trademark will have.Registrars use this list to determine if an ...

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The Hard Decision about Software Patents from

On Monday, March 31st, the United States Supreme Court began hearing oral arguments in the case of Alice Corporation Pty Ltd v CLS Bank International. Many hope that this ruling will help bring clarity to ...

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Unreasonable Claim Construction Supporting Infringement Claim Warrants Rule 11 Sanctions from

The court granted defendant's renewed motion for Rule 11 sanctions against plaintiff for its frivolous assertion of one of the patents-in-suit. "[Defendant] argues that [plaintiff's infringement claim] is objectively baseless because: (1) the ...

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Google's 'bargaining chip' argument has traction, but Apple may still get a FRAND determination from

As of tomorrow, seven months will have gone by since the Federal Circuit's hearing in the Apple v. Motorola "Posner (cross-)appeal", and there is still no ruling. In two ways, the fact that ...

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Means Plus Function: What Structure are you Referring To? from

By Dennis Crouch University of Pittsburgh v. Varian Medical Systems (Fed. Cir. 2014) Pitt won its infringement lawsuit against Varian with a $100 million verdict. The patent basically covers a digital image processor that watches ...

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Market Growth of Fuel Cell Products Follow Patent Growth of Fuel Cell Technologies from

Recently, Wal-Mart placed an order for 1,738 fuel cell powered forklifts that move products in Wal-Mart’s warehouses. This highly publicized order spotlights the emerging commercial markets, the technologies and patents that have made ...

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ALJ Lord Denies Motion To Compel Deposition In Certain Optical Disc Drives (337-TA-897) from

On March 25, 2014, ALJ Dee Lord issued Order No. 42 denying Respondents’ motion to compel Complainant’s employee Ryan Fry for an additional day of deposition and to reimburse fees and costs associated therewith ...

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ITC Decides To Review In Part Final Initial Determination In Certain Compact Fluorescent Reflector Lamps (337-TA-872) from

On April 8, 2014, the International Trade Commission (“the Commission”) issued a notice in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof (Inv. No. 337-TA-872).  In the notice, the Commission determined to ...

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Mixed result in 2-1 decision in University of Pittsburgh v. Varian from

University of Pittsburgh v. Varian

Varian did win on willfulness:

Next, Varian contends that its non-infringement and invalidity defenses were reasonable and that the trial court erred in finding that Varian acted despite an objectively ...

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