Patent & IP news for June 10, 2014

Patent Litigations



Patent & IP Blogs

post image Hershey's Chocolate Wants to Kill Your Buzz from

Hershey's Chocolate, Inc. filed suit (Case No. 2:14-cv-00815-RSL) for Trademark Infringement in U.S. District Court in Seattle against Conscious Care Cooperative (Seattle CCC), a Seattle company which describes itself as "a non- ...

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post image Should Search stop sharing? Mike Weatherley MP ponders on piracy from

Over the past few years of evolution of the Section 97A blocking injunction jurisdiction in the UK, this Kat has always thought it peculiar that while 41 websites are now blocked by the major UK ...

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post image BREAKING NEWS: Ireland leads EU in plain packaging initiative from

Laetitia Lagarde (Jacobacci Avvocati), Class 46 blogger and former guest Kat, is also a member of the plain packaging (PP) task force of INTA's Limits on Trademark Rights Committee. Here she makes a welcome ...

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post image Court in the Act: UK Intellectual Property Office IS a court, rules another court from

Here's a nice and easy decision on an issue arising from a patent dispute litigated in the Intellectual Property Enterprise Court, England and Wales: is the UK's Intellectual Property Office (UKIPO) a "court ...

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post image CJEU Trade Mark Jurisprudence: the Hansen survey from

Today's your last chance!As reported last week in Friday Fantasies, Katfriend Hugh C. Hansen (Professor of Law and Director of the feared and revered Fordham IP Institute & IP Conference) is preparing a paper ...

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post image Litigation training for newly-qualified UK patent attorneys: latest news from

If you can't get interim injunctive relief through the courts,
it's handy to know what other options are available ...
This morning the IPKat posted a guest piece from Vicki Salmon, Chartered Institute of ...

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post image Passing off? It would take a Miracle ... from

A hearty katpat goes to guest blogger Rebecca Gulbul for providing the following analysis of a fascinating decision in a passing-off action that forms part of the growing body of case law in which this ...

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CAFC in Q.I. Press: an obligation is owed to the public not to permit inconsistent results when a proper challenge to that inconsistency is made on appeal from

from within the decision of Q.I. Press vs. Lee and Quad/Tech

as to obviousness

“The combination of familiar elements according to known methods is likely to be obvious when it does no more ...

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Guest Post -- Obvious To Try My Patience: Federal Circuit's Evolving Measure of Obviousness under 35 U.S.C. § 103 from

By Jon Schuchardt* -- Nothing endures but change. –Heraclitus Plus ça change, plus c'est la même chose. –Jean-Baptiste Alphonse Karr When I was your age, and Pluto was a planet, "obvious to try" was not ...

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Plagiarizing pastors, revisited from

Related to the 2006 IPBiz post
Pastors who plagiarize with pride?
, note Pastors, Sermons And Plagiarism In The Internet Age including the text

As more instances of plagiarism are being alleged, it’s unclear whether ...

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Joint ownership of patents can create enforcement risks; here’s how to avoid them from

When two or more research institutions, corporations or other entities collaborate on an invention, it is common for them to agree that any patents resulting from the collaboration will be jointly owned. However, a jointly ...

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Access To Vaccines, Patents Growing Concerns, Panellists Say from

LYON, France - At the Biovision life science forum looking into translating innovation into health-related solutions last week, a panel of speakers shared their experience about the global access to vaccines. Although vaccination coverage is on ...

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Interviews with Patent Examiners from

Oral communication is often more effective than written communication. Once I’ve been through a round of written responses with a patent examiner, if I feel that the examiner is not being receptive to my ...

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Potential Application of Entire Market Value Rule Justifies Discovery Concerning Profitability of Dodge Ram Trucks from

The court granted plaintiff's motion to compel discovery concerning the profitability of defendant's trucks which contained the accused storage box feature because the discovery was relevant to damages. "Plaintiffs state that they have ...

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Some findings on patent investing from the UK - and a lesson for the US from

Earlier this year, the IP Wales project at Swansea University released a report on Patent Prospecting on the Alternative Investment Market (AIM) that indirectly points out a problem with the U.S. financial system. First ...

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Guest Post: The Rise of The End User in Patent Litigation (and Attorney Fee Shifting) from

Professor Bernstein’s current scholarship focuses on the role of end users in the patent system.  Because end users are fast becoming major stakeholders in the operation of the patent system, I asked her to ...

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Nations Eye Amendments To PCT, WIPO’s Top Revenue-Earning Treaty from

The Patent Cooperation Treaty is a cornerstone of the World Intellectual Property Organization and provides its main source of revenue. This week, a working group is gathered to explore proposed amendments to the treaty regulations ...

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Nautilus, Inc. v. Biosig Instruments, Inc. – Definiteness Now Requires Reasonable Certainty from

On June 2, the Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, __ U.S. __ (June 2, 2014) (Ginsburg, J.) ruled that the prior tests for indefiniteness, insoluble ambiguity and amenable ...

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ALJ Essex Grants Joint Motion To Terminate Investigation As To Samsung in Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868) from

On June 9, 2014, ALJ Theodore R. Essex issued Order No. 114 in Certain Wireless Devices With 3G And/Or 4G Capabilities And Components Thereof (Inv. 337-TA-868). By way of background, the investigation in this ...

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Navico Files New 337 Complaint Regarding Certain Marine Sonar Imaging Devices, Including Downscan And Sidescan Devices from

On June 9, 2014, Navico, Inc. of Tulsa, Oklahoma and Navico Holding AS of Norway (collectively, “Navico”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that ...

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MVS Filewrapper® Blog: Internet Discussion Systems as Prior Art from

The Federal Circuit's recent decision in Suffolk Technologies, LLC, v. AOL Inc., and Google Inc., adds another item to the list of "printed publications" that may preclude patenting of a claimed invention:  posts on ...

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Apotex wins in Latisse®/bimatoprost from

from the case Allergan v. Apotex

Apotex Inc., Apotex Corp., Sandoz, Inc., Hit-Tech
Pharmacal Co., Inc., Actavis, Inc., Watson Laboratories,
Inc., and Watson Pharma, Inc. (collectively “appellants”)
appeal from a final judgment of the U ...

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In re Dinsmore (Fed. Cir. 2014) from

Court Upholds PTO Determination That Reissue Cannot Cure Improper Terminal Disclaimer By Kevin E. Noonan -- Despite thirty years of efforts by the Federal Circuit to bring consistency and transparency to patent law (and the last ...

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