Patent & IP news for July 1, 2014

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post image A new view of You View? No shilly-shallying over discretion, rules General Court from

Coming to the rescue, the General Court of the European Union gave its decision today in Case T‑480/13, v Office for Harmonisation in the Internal Market (OHIM), YouView TV Ltd , another ...

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post image No exhaustion beyond software: Katfriend translates German decision on audiobooks from

Katfriend Johannes GroßekettlerA few days ago fellow Kat Alberto reported on the decision of the Court of Appeal of Hamm (Germany), which upheld the earlier ruling of the Regional Court of Bielefeld [here], and ...

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post image The IPKat and his friends: an update from

Happy new month! July is always a transitional time for this weblog, since every six months the team gets a bit of a spring-clean. Regular members of the blog team sometimes disappear to pastures green ...

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post image BREAKING NEWS: EU Commission releases new Action Plan on IPR enforcement from

The EU Commission has just adopted a Communication on an Action Plan [a real working document, published with track changes still on] aiming at renewing the consensus [thus assuming that consensus might not be as ...

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Docs @ BIO: BNA Issues Report on PTO's Patent Eligibility Guidance from

By Kevin E. Noonan -- Sounding an appropriately alarmist note, the Bureau of National Affairs (BNA) Life Sciences Law and Industry Report issues the results of a study on how the U.S. Patent and Trademark ...

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Attribution of CNN news stories: take it and make it your own from

Within a post KXTV Reporter: ‘Plagiarism is Alive and Well in America’s Number One Media Market’ :

I’m told by my station management that our contract with CNN allows other stations to use our ...

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AIA Post-Issuance Proceedings – Patent Owner’s Preliminary Response Persuades PTAB Denial of IPR from

Last week, in what appeared to be one of the first pharmaceutical based cases brought to a decision under the IPR regime, the Patent Trial and Appeals Board (PTAB) of the US Patent and Trademark ...

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Prior Commercial Use Defense Does Not Apply to Later-Acquired Entities from

The court granted plaintiffs' motion to strike defendant's "prior commercial use" defense because defendant did not engage in the prior commercial use. "Plaintiffs contend that [defendant] cannot assert the prior use defense because [defendant ...

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Federal Circuit: Now is Not the Time to Judge the Constitutionality of the First-to-File Patent Regime from

By Dennis Crouch MadStad Enginering v. USPTO (Fed. Cir. 2014) In 2012, MadStad and its owner Mark Stadnyk filed a declaratory judgment lawsuit against the USPTO alleging that the new first-to-file regime implemented by the ...

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European Commission Adopts New Strategy On Enforcement Of IP Rights from

Today, the European Commission adopted two communications on intellectual property rights enforcement, one within the single market, the other in relation to third countries. Focusing on commercial scale infringement activities, the Commission will consider other ...

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ITC Institutes Investigation (337-TA-920) Regarding Certain Integrated Circuits from

On June 27, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Integrated Circuits and Products Containing the Same (Inv. No. 337-TA-920). The investigation ...

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