Patent & IP news for June 5, 2014

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post image BREAKING: AG Jääskinen says that a Member State may authorise libraries to digitise individual works without rightholders' consent from

Today it's Copyright Thursday at the Court of Justice of the European Union (CJEU). Not only is the Court just about to rule in in Case C-360/13 Public Relations Consultants Association v Meltwater ...

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post image BREAKING NEWS: CJEU says that you can keep browsing the internet without (copyright owners') permission from

The Court of Justice of the European Union (CJEU) has just issued the decision everybody was waiting for, this being the decision in Case C-360/13 Public Relations Consultants Association v Meltwater.
Similarly to what ...

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post image Vampire vodka Dracula spectacular: a Transylvanian tale of non-use juice from

This one is about proving genuine use of a Community trade mark. The decision is of the General Court, and it is Cases T‑495/12 to T‑497/12 European Drinks SA v OHIM ...

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People In IP: Shifting Sands In The Global IP Community from

Just as the world of international intellectual property law and policy is ever-changing, so are the faces within it. The US Patent and Trademark Office (USPTO) has a new deputy director in Silicon Valley veteran ...

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Libraries Can Digitise Books Without Consent, European Advocate General Says from

Libraries can digitise individual books in their collections without the consent of rights holders, the Advocate General of the European Court of Justice, Niilo Jääskinen, has written in his application in a case (C-117/13 ...

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Has the Supreme Court Delivered a Knock-Out Blow to the Entertainment Industry? from

And so the sparring will go another round. On May 19th the United States Supreme Court delivered its decision on Patrella v Metro-Goldwyn-Mayer, allowing Paula Petrella to pursue her copyright infringement claim against MGM Studios ...

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Ch-ch-ch-ch-changes Coming to the Trade-Marks Act from

Trade-mark law in Canada is poised for transmutation thanks to the 2014 Federal Budget of all things.   The 2014 budget, Bill C-31, is an omnibus bill that includes changes to several pieces of legislation, including ...

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Supreme Court’s New Indefiniteness Test Requires Supplemental Post-Hearing Briefing from

The ALJ sua sponte extended the target date and ordered the parties to provide supplemental briefing due to a Supreme Court decision on invalidity filed after post-hearing briefing concluded. "[T]he United States Supreme Court ...

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Board reverses obviousness when Applicant uses reference to explain POSITA's understanding of "different materials" from

Takeaway: The Examiner interpreted "different materials" to cover different phases of a shape memory material (Nitinol). The Applicant argued that these different phases have different properties but are still the same material, and used the ...

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Dutch Supreme Court Allows Evidentiary Seizures In All Civil Cases from

In civil litigation, obtaining the necessary evidence to substantiate a claim can be rather challenging. This can be particularly problematic if the required evidence is in the possession of the opposing party or even a ...

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How will Nautilus affect indefiniteness at the PTO? from

Guest post by Lisa Larrimore Ouellette (Visiting Fellow, Yale Law School Information Society Project) and Jonathan Masur (Deputy Dean and Professor of Law, University of Chicago Law School). In our new draft article, Deference Mistakes ...

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Mann Law Group Gets Jury Verdict in Patent Case from

We've been exceptionally busy lately, so this is the first time we've had some time to actually take a look at what we've accomplished.

The Mann Law Group, now with a new ...

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ITC Finds No Violation Of Section 337 In Certain Compact Fluorescent Reflector Lamps (337-TA-872) from

On June 3, 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 that ...

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Proposed Legislation Introduced In U.S. Congress Aimed At Limiting Use Of Section 337 Actions By Non-Practicing Entities from

On May 29, 2014, Reps. Blake Farenthold (R-TX) and Tony Cardenas (D-CA) introduced the “Trade Protection Not Troll Protection Act” in the U.S. House of Representatives.  The bill targets non-practicing entities (“NPEs”) that file ...

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MVS Filewrapper® Blog: Federal Trade Secret Protection Proposed in the Senate from

Defend Trade Secrets Act of 2014


Senators Chris Coon (D-DE) and Orrin Hatch (R-UT) proposed a bill on April 29, 2014 that would provide federal protection for trade secrets. Under the current state of the ...

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ALJ Bullock Issues Claim Construction Order In Certain Antivenom Compositions (337-TA-903) from

On June 3, 2014, Chief ALJ Charles E. Bullock issued the public version of Order No. 23 (dated May 21, 2014) in Certain Antivenom Compositions and Products Containing the Same (Inv. No. 337-TA-903).  In the ...

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The Case that the ValiantChaos Hackers Will Never Get to Make from

On May 19, Blizzard Entertainment, developer of popular games Diablo 3 and StarCraft II, filed a lawsuit against the developers of the ValiantChaos MapHack, an unauthorized program created for use with the StarCraft II computer ...

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Seeing Double – Two Quicksilvers on the Silver Screen? from

Whether you grew up an avid comic-book fan, or just plan on seeing X-Men: Days of Future Past (recently released on May 23, 2014) as well as Avengers: Age of Ultron (scheduled for release on ...

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Consumer Watchdog v. Wisconsin Alumni Research Foundation (Fed. Cir. 2014) from

Appellant's Opposition to Board Decision Not Enough to Establish Injury in Fact By Donald Zuhn -- Yesterday, the Federal Circuit dismissed an appeal by Consumer Watchdog from a decision of the Patent Trial and Appeal ...

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