Patent & IP news for July 23, 2014

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post image BREAKING: Report on responses to Public Consultation on EU copyright now available from

One of the many messages that reached
the Commission during the time
of the Consultation
As this blog reported a few days ago, there were rumours that, whilst publication of the White Paper on ...

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post image Italian court says that Wikipedia cannot be responsible for third party content from

Earlier this month the Tribunale di Roma (Rome District Court) had some say on theliability of hosting providers for third party content. 
It was not an IP case, but rather a slander/defamation one, and ...

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post image Wednesday whimsies from

Around the weblogs.  Over on the increasingly busy SOLO IP blog, IPKat team member contrasts the fortunes of IP practitioners in small practices with those of medical practitioners: which has had the better deal over ...

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IPR Update -- The First Pharma IPR Decisions from

By Andrew Williams -- Late last month, while many of us were getting ready to attend the BIO International Convention in San Diego, the Patent Trial and Appeal Board ("Board") issued four related inter partes review ...

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Teva's Copaxone: does the CAFC have to treat an expert's opinion as a fact under FRCP 52? from

Scott Gottlieb's post FDA's Looming Decision On A Generic To Teva's Copaxone Reveals Drug Approval Woes has a nice discussion of the issues facing the FDA on analyzing/approving generic Copaxone.

Gottlieb ...

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Global Project Looks At Takedown Notices Across The Internet from

The Takedown Project is a recent initiative bringing the research community together to explore how the notice-and-takedown procedure in cases of alleged online copyright infringement are handled by internet service providers around the world. The ...

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Data Structure Patent Ineligible from

By Dennis Crouch Digitech Image v. Electronics for Imaging (Fed. Cir. 2014) Digitech sued dozens of companies for infringing its U.S. Patent No. 6,128,415. As I wrote back in April 2014, basic ...

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Further issues from the plagiarism matter at Chicago State University from

Note Chicago State official sues UIC, claims it violated privacy law by discussing plagiarism claim :

The lawsuit, filed Monday [July 21, 2014] by CSU Interim Provost and Senior Vice President Angela Henderson, claims UIC violated ...

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10 Tweets on Recent IP Scholarship from

For blog readers who aren't on Twitter, here are 10 recent Tweets on IP-related scholarship that caught my eye. As I transition from clerking back to full-time academia, I'm debating the extent to ...

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EU White Paper On Copyright Reform Delayed Till Autumn from

The European Commission white paper on its ongoing copyright reform will not be available until early fall, a Commission source said this week. Officials had previously indicated that the paper might be published this month.

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Federal Circuit Affirms In X2Y Attenuators Appeal (2013-1340) from

On July 7, 2014, the Federal Circuit issued its opinion in X2Y Attenuators, LLC  v. Int’l Trade Comm’n (2013-1340).  This was an appeal by X2Y Attenuators, LLC (“X2Y”) from the International Trade Commission ...

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ITC Decides To Review And Modify Initial Advisory Opinion In Certain Sleep-Disordered Breathing Treatment Systems And Components Thereof (337-TA-879) from

On July 18, 2014, the International Trade Commission (the “Commission) issued a notice determining to review in its entirety the Initial Advisory Opinion (“IAO”) issued by ALJ E. James Gildea in Certain Sleep-Disordered Breathing Treatment ...

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PTAB’s Rejection of Inherency Argument Supports Summary Judgment of No Invalidity from

The court granted plaintiff's motion for summary judgment that its tooth whitening patents were not invalid as obvious in light of prior art patents based, in part, on the PTAB's findings during inter ...

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Distateful -- or worse? Trade mark registration, morality and public sentiment from

The IPKat received earlier today an email from Alan Clarke (Clarke IP Ltd), who writes:
"You may be interested to hear of this extremely distasteful (alleged - I've not checked any facts) attempt to register ...

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MVS Filewrapper® Blog: PTO Interference Decisions do not Preclude Invalidity Defenses in Court from

The Federal Circuit has issued a decision in AbbVie v. Janssen Biotech and Centocor Biologics, which relates to patents that broadly cover antibodies which can neutralize activity of human interleukin 12 (IL-12) and have useful ...

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Johnson Outdoors Files New 337 Complaint Regarding Certain Marine Sonar Imaging Systems from

On July 18, 2014, Johnson Outdoors Inc. of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of Eufaula, Alabama (collectively, “Johnson Outdoors”) filed a complaint requesting that the ITC commence an investigation pursuant to Section ...

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