Patent & IP news for June 16, 2014

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post image BREAKING NEWS: 7th Circuit confirms that Sherlock Holmes is in the public domain from

Poppy's fashionable twist to the
traditional Sherlock Holmes ensemble:
but will it be sufficiently original?
Today the US Court of Appeals for the 7th Circuit issued its decision in Leslie Klinger v Conan Doyle ...

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post image Making the Abstract concrete: some readers' responses -- and a lovely surprise! from

An academic Kat*In "Not just an academic question -- but an Abstract one", this Kat kick-started what has turned out to be quite a lively discussion about the function of abstracts for journal articles -- particularly ...

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post image Now you view it, now you don't: no YouView questions for Court of Justice from

How we used to turn on TVs
before they had remotes
Here's a bit of breaking news: today Mr Justice Sales, sitting in the Intellectual Property Enterprise Court, England and Wales, became the third ...

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post image Do US patent examiners consider applicant-submitted prior art? from

What do US patent examiners do with the prior art that is submitted by the applicant?  Under U.S. law, as part of their duty of candour, applicants are obliged to submit any prior art ...

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Betty Boop: a belated sequel from

It's a little while since the sequel to the first ruling in the recent British Betty Boop litigation [noted here by the IPKat] came to light, but the Kats have had a very busy ...

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Monday miscellany from

Beyond the Commission's powers:
cats in Europe will not be standardised
New policy brief on standard essential patents (SEPs). To this Kat the words "Competition Policy Brief" seem vaguely oxymoronic, since "competition policy" within ...

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Limelight Networks v. Akamai Technologies from

The Supreme Court of the United States holds a defendant, in a patent infringement suit, is not liable for inducing infringement under 35 U.S.C. § 271(a) when no one has directly infringed under ...

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Judge Rader on Judge Rader’s Retirement from

You can read his email to a journalist here, which is similar to what I’ve heard privately. I’ve had journalists, friends, lawyers, and others contact me for my thoughts.  Here are my thoughts ...

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Failure to Raise Indefiniteness Defense in Invalidity Contentions Bars Indefiniteness Argument in Claim Construction from

The court denied defendant's motion for claim construction as unnecessary where defendant's sole dispute was indefiniteness and the court previously denied defendant's motion to amend its contentions to include a claim of ...

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Appeals court issues formal mandate to trial court in Oracle v. Google Android-Java copyright case from

One month and one week after the appellate opinion was handed down in the Oracle v. Google Android-Java copyright case (initial reaction to ruling, follow-up, and detailed refresher Q&A;, the United States Court of ...

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Two Wrongs Don’t Make a Right: Supreme Court Declines to Expand the Scope of Indirect Infringement Liability in View of Federal Circuit’s Muniauction Ruling from

The United Supreme Court has been a “hot bench” for patent cases. On the same day, it issued two unanimous decisions reversing the Federal Circuit relating to claim definiteness and inducement infringement, the former of ...

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States’ Role In Multistakeholder Internet Governance Evolving from

As the global internet governance landscape started without states in the foreground, the multistakeholder model and the participation of governments in it is still evolving, a recent panel of experts said.

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MVS Filewrapper® Blog: USPTO Glossary Pilot Program from

The USPTO has instituted a new program, the Glossary Pilot Program, which began June 2, 2014. The program will allow applicants for computer-related inventions to petition to make special entry into the Glossary Pilot Program ...

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10 New IP Papers from

For blog readers who aren't on Twitter, here are 10 recent IP papers that caught my eye.

New study by @marklemley & Shawn Miller: district judges reversed less in patent cases after sitting by designation ...

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What Questions Did The WSIS+10 High Level Event Answer? from

Consultant Richard Hill writes: The WSIS+10 High Level Event (HLE) last week unanimously adopted two documents (a Statement and a Vision), consisting of some 37 pages of text. What can be learned from this ...

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Regional Director Russ Slifer from

By Dennis Crouch USPTO Deputy Director Lee has named Russ Slifer as Regional Director of the Denver USPTO. Russ has been a patent attorney since his graduation from NIU Law in 1994 both in private ...

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ALJ Pender Sets Procedural Schedule In Certain Soft-Edged Trampolines (337-TA-908) from

On June 16, 2014, ALJ Thomas B. Pender issued Order No. 4 in Certain Soft-Edged Trampolines and Components Thereof (Inv. No. 337-TA-908). By way of background, the investigation is based on a December 24, 2013 ...

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ALJ Essex Issues Notice Of Initial Determination Finding No Violation Of Section 337 In Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868) from

On June 13, 2014, ALJ Theodore R. Essex issued a notice of the Initial Determination (“ID”) in Certain Wireless Devices With 3G And/Or 4G Capabilities and Components Thereof (Inv. 337-TA-868). By way of background ...

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Huffington Post scrambles patents and trade secrets in discussing Musk/Tesla from

Huffington Post conflated "trade secrets" with patents in the text

Four days after CEO Elon Musk offered most of his company’s patents to rivals in hopes of cultivating a bigger electric car market, Nissan ...

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Triton Tech of Texas, LLC v. Nintendo of America, Inc. (Fed. Cir. 2014) from

By Michael Borella -- A very experienced patent attorney once told me that you should never write means-plus-function claims unless there is a Luger at your temple. This, the first opinion addressing indefiniteness to come from ...

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