Patent & IP news for April 30, 2014

Patent Litigations



Patent & IP Blogs

post image Wednesday whimsies from

Fordham aftermath. Following last week's Fordham IP Conference [if you missed or avoided it, but your curiosity has got the better of you, the easiest place to start your overview is here], here are ...

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post image Vintage litigation -- or Beyond endurance? CTM struggle continues from

The Ninth Chamber of the General Court gave judgment today in a fierce battle over a Community trade mark application in Case T‑170/12, Beyond Retro Ltd v OHIM, the other party to the ...

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post image BREAKING NEWS: here are further excerpts from draft impact assessment on review of EU copyright from

A couple of days ago this Kat reported that Statewatch made available a link to the Commission's draft Impact Assessment (IA) on the modernisation of the EU copyright acquis [here and here]

That document ...

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post image Special 301 Report's special one is Italy this year: are administrative enforcement models the way to go? from

Via a very special Katfriend and friend of this Kat's, come the news that today the Office of the US Trade Representative (USTR) released its 2014 Special 301 ['301' as per Section 301 of ...

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"Standing Out" -- A Closer Look at the "Exceptional Case" Standard Articulated in Octane Fitness from

By Andrew Williams -- As we reported earlier today, the Supreme Court issued opinions in the Octane Fitness, LLC v. ICON Health & Fitness, Inc. (Supreme Court docket number 12-1184) and Highmark Inc. v. Allcare Health Mgmt ...

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Digital Patent Infringement and the ITC from

Guest post by Prof. Lucas Osborn, Campbell University School of Law. In the Matter of Certain Digital Models (ITC 2014) The ITC’s recent decision demonstrates the increasing importance of digital patent infringement – infringement based ...

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1Q 2014 GDP and intangibles from

BEA's first estimate of GDP growth in the 1Q 2014 shows a marked slowdown in economic activity with a growth rate of only 0.1% compared with a growth rate of 2.6% in ...

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Stay Pending IPR Prior to Institution Decision Not Premature in light of Estoppel from

The court granted defendant's motion to stay pending its petitions for inter partes review because the potential simplification of issues, stage of the case, and lack of undue prejudice favored a stay. "[I]t ...

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Kappos to Lincoln from

Read Dave Kappos Open Letter to President Lincoln:   (Published by the great folks at Managing IP)  

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Workarounds: When will the first mass media report on Apple v. Samsung II discuss the real issue? from

The jury began its deliberations yesterday, and by not handing down a verdict on the same day, it has already proven to be more thoughtful (or, at least, less thoughtless) than the 2012 jury.

Several ...

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Octane Fitness, LLC v. ICON Health and Fitness, Inc. and Highmark, Inc. v. Allcare Health Mgmt. Sys. Inc. from

The determination of whether a case is “exceptional” under the attorney fee-shifting provision of The Patent Act is left to a broad discretion of the District Court. In two slip opinions rendered April 29, 2014 ...

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US Supreme Court Hits Patent Trolls In Two Rulings from

The United States Supreme Court yesterday issued two rulings that were bad news for patent assertion entities, or "patent trolls". Thanks to these decisions, trolls and other patentees could be on the hook for millions ...

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First jury questions in Apple v. Samsung II show focus on non-technical, tangential issues from

On this second day of Apple v. Samsung II jury deliberations, jurors have put in a request for an easel, paper, scissors, and tape. This -- coupled with the fact that there was no verdict after ...

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WIPO Delegates Dig Into Core Issues Of Draft Broadcasting Treaty from

The first half of this week’s World Intellectual Property Organization copyright committee meeting was devoted to a potential treaty to protect broadcasters’ rights. Delegations struggled to find common ground on core questions such as ...

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Supreme Court Takes-On Question of Joint Infringement from

By Dennis Crouch [Transcript of Oral Arguments] The Supreme Court heard oral arguments today in Limelight Networks Inc. v. Akamai Technologies, Inc. Limelight is best seen as part of a series of cases considering what ...

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Seaman: The case against federalizing trade secrecy from

In his new article, The Case Against Federalizing Trade Secrecy, forthcoming in the Virginia Law ReviewChris Seaman does what the title suggests: he makes the case against federalizing trade secrecy protections and challenges the ...

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Clouds on the Horizon: The Supreme Court Hears Oral Arguments in Aereo from

Last week, the Supreme Court heard oral arguments in American Broadcasting Companies, Inc., et al., v. Aereo, Inc., No. 12-451, a copyright action whose outcome could dramatically shape the future of television and cloud computing ...

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Supreme Court rulings on fee-shifting are helpful, but not a substitute for patent reform legislation from

This month of April I've done a lot more blogging than I intended to. This here should be my final post for the month (barring unforeseeable events), and I will considerably slow down my ...

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Four More WIPO Members Sign Marrakesh Treaty For Visually Impaired from

During a signing ceremony held today at the World Intellectual Property Organization, the European Union, France, Greece and India signed the treaty adopted last June to provide a wider access to copyrighted books in special ...

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Fee Shifting: First the Supreme Court, Now Congress from

By Dennis Crouch In Octane Fitness, the Supreme Court gave discretion to district courts in determining whether to award attorney fees to the prevailing party. The court also lowered the bar for such a finding ...

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ALJ Shaw Rules On Motion To Compel In Certain Standards Cell Libraries (337-TA-906) from

On April 21, 2014, ALJ David P. Shaw issued Order No. 15, in Certain Standard Cell Libraries, Products Containing or Made Using the Same, Integrated Circuits Made Using the Same, and Products Containing Such Integrated ...

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