Patent & IP news for August 27, 2014

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post image Intellectual Property Enterprise Court: Practice and Procedure -- now you can follow the Fox from

Hot off the press is Intellectual Property Enterprise Court: Practice and Procedure by Angela Fox, a partner in the London-based IP firm of Jenkins in which she practises as a solicitor advocate and trade mark ...

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post image "Cultivated capsicums!" Peppers resist insect, breeders resist patent from

This Kat has received information concerning the publication in a national Dutch newspaper of a double page item calling for crowd-funding of opposition proceedings against a European patent.  The patent in question, granted last year ...

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post image Patent Law in Greater China: a new title from

Patent Law In Greater China, edited by Stefan Luginbuehl and Peter Ganea, has just been published by Edward Elgar Publishing as part of its Intellectual Property Law an Practice series, which itself is co-edited by ...

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post image The Blue Jay Trade Mark Battle Commences... from

New Billy Bluejay
(U.S. Application Serial No. 86067719)A cross-border trade mark dispute arose late last week when Canada’s only Major League Baseball team, the Toronto Blue Jays (Blue Jays), filed a Notice ...

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Guest Post: Myriad-Mayo Guidance -- Consistency With International Harmonization and TRIPS from

By Paul Cole* -- Introduction It is strongly arguable that insofar as the USPTO's Myriad-Mayo Guidance[1] dismisses as non-eligible newly isolated substances (including small molecules), nucleotide sequences and microorganisms having new utility (US parlance ...

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Planet Bingo is Alice'd by CAFC from

Planet Bingo lost under 35 USC 101 both before and after Alice v. CLS, 134 S. Ct. 2347.
See Planet Bingo v. VKGS

In the case, no difference was found between method and system claims ...

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CAFC in Ferring v. Watson: " but silence does not answer the question of infringement " from

There was good news and bad news for Ferring in the case involving Watson concerning Lysteda® .
The good news: the claims were not obvious. The bad news: Watson did not infringe.

The determination of non-obviousness ...

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The intersection of anti-SLAPP and patent re-examination requests from

Note the discussion of the Landmark Technologies/eBay matter at Techdirt in the post
Patent Troll Sues eBay For Daring To Ask Patent Office For Patent Re-Exam

Here, eBay is using a Texas anti-SLAPP statute ...

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Nitrogen-starvation of algae to produce more lipids from

A post in Inhabitat titled 14-Year-Old's Biofuel Breakthrough Boosts Algae Production 500% includes the text

“The purpose of this experiment is to explore the possibility of naturally depleting the nitrogen of algae’s media ...

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Ready to Nationalize Trade Secret Law? from

By Dennis Crouch On the Congressional tees this fall sit a pair of trade secret reform bills with the joint purpose of creating a private cause of action at the federal level for trade secret ...

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Hot peppers deterrming insects and but encouraging anti-patent crowd-funding? from

In an article in "Intellectual Property Today" in June 2003 titled "Good Night Gracie," LBE noted

On May 12, [2003] the New York Times discussed U.S. 6,523,298, n16 which claims the use ...

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Market Failure, Not IP, The Issue In Ebola Treatment Shortage, WHO Says from

Faced with the worst outbreak of Ebola since its discovery some forty years ago, the world is scrambling for treatments. A World Health Organization-convened panel of experts has decided it is ethical to use experimental ...

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Médecins Sans Frontières Warns About IP Inclusion In Asian FTA from

The inclusion of intellectual property in the ongoing negotiations of the Regional Comprehensive Economic Partnership between 16 countries, most of them Asian, is raising concerns about "TRIPS-plus" measures that could jeopardise generic drugs production in ...

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Unsubstantiated Claim of “Extortive Litigation Tactics” No Basis for Attorneys’ Fee Award from

The court denied defendant's motion for attorneys’ fees under 35 U.S.C. § 285 after plaintiff executed a covenant not to sue and dismissed its action. "[Defendant] argues that it is entitled to attorney ...

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Federal Circuit: Bingo Gaming Software Improperly Encompasses the “Basic Tools of Scientific and Technological Work” from

by Dennis Crouch Planet Bingo v. VKGS (Fed. Cir. 2014) In a non-precedential decision earlier this week, the Federal Circuit found Planet Bingo’s patents invalid as lacking eligible subject matter under 35 U.S ...

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WHO Raises Its Voice To Underline The Health Effects Of Climate Change from

The World Health Organization this week is holding its first conference on health and climate change. The major objective of the conference is to raise awareness on the impact of climate change on health, according ...

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Founding-Era Translations of the Progress Clause from

Before its ratification, the U.S. Constitution was translated for the German- and Dutch-speaking populations of Pennsylvania and New York, but little attention has been paid to these translations until now. In Founding-Era Translations of ...

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Judge denies Apple bid for sales ban against Samsung in second California case from

Judge Lucy Koh has just denied Apple's motion for a permanent injunction against Samsung over the three patents underlying the jury verdict at the end of the spring trial. This is a very significant ...

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SEC's next task: disclosure of hidden loan IP collateral from

This morning the SEC unanimously adopted a long delayed rule on transparency of asset-back securities (ABS). Required under the Dodd-Frank Act, the final rule turned out to be less controversial that previously proposed versions. The ...

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Planet Bingo, LLC v. VKGS LLC (Fed. Cir. 2014) from

By Michael Borella -- Planet Bingo is the assignee of U.S. Patent Nos. 6,398,646 and 6,656,045, both directed to computer-implemented methods and systems for managing bingo games. Planet Bingo filed an ...

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