Patent & IP news for September 11, 2014

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post image Clean Tech in Court: Green Patent Complaint Update from

As with many things, July and August were slow months for green patent litigation.  However, a handful of green patent complaints were filed in the last two months in the areas of solar power, green ...

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post image BREAKING NEWS: CJEU says that libraries may digitise books and make them available at e-reading points, and that licences do not prevent exceptions from

Another copyright-ful day at the Court of Justice of the European Union (CJEU)! 
This morning the Court issued its decision in Case C-117/13 Technische Universität Darmstadt v Eugen Ulmer KG [not yet available -- press ...

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post image Thursday thingies from

Iraqi instrument of accessionFrom ISIS to IP.  Never mind the war, the hard-pressed government of Iraq has taken a little time out from its fight for survival against the impending ISIS-proclaimed caliphate which is ...

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post image Disclosure without disruption? Finding the least bad option from

Vringo Infrastructure Inc v ZTE (UK) Ltd is a Patents Court, England and Wales, ruling of Mr Justice Birss which is unlikely to reach BAILII since it's a fairly small procedural matter -- but it ...

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Expert’s Calculation of Lost Profits as Part of Reasonable Royalty Analysis Does Not Result in Double Recovery from

Following a jury verdict of $105 million, the court denied defendant's motion for remittitur. "[Defendant] argues that [plaintiff's expert's] royalty calculation resulted in an impermissible double recovery, by allowing the jury to ...

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Old (former IPR-Thieving) Napster v New (IPR-Thieving) from

The World Intellectual Property Organization this week released the decision in an internet domain name dispute in which the current incarnation of the once-wildly successful Napster music-sharing website successfully forced a website called ...

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Libraries May Be Permitted To Digitise Books Without Copyright Owner’s Consent, EU High Court Rules from

European Union governments may allow libraries to digitise books in their collection without rights owners' consent in order to make them available at electronic reading posts, the European Court of Justice (ECJ) said on 11 ...

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Abstract Idea: I know it when I see it from

Eclipse IP v. McKinley Equipment (C.D. Cal. 2014) EclipseIP101 In a interesting and somewhat darkly-comic opinion, Judge Wu has dismissed EclipseIP’s infringement lawsuit on the pleadings – finding that the patentee has no case ...

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Big Media is Buying into YouTube Networks; IP Battles May Loom from

New sources of content created independently, produced cheaply and distributed on YouTube are challenging network and cable TV dominance. The impact on copyright and brand licensing is unclear. If you are over 25, or so ...

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Sitting by Designation from

The Federal Circuit hasn’t had a district court judge sit by designation for quite some time.  During Chief Judge Rader’s tenure there was a marked decline in judges sitting by designation, as compared ...

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Scientific Plastics at the CAFC: what can happen when there are mistakes in the specification from

SPP argues that the Board improperly relied on the
inventors’ description of the problem solved
in order to find the solution obvious, an analytic procedure that relies
on hindsight by using the inventors’ own reasoning ...

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Mixed bag in Interval Licensing from

Nautilus is cited:

With this lone example, a skilled artisan is still left to wonder what other
forms of display are unobtrusive and non-distracting.
What if a displayed image takes up 20% of the screen ...

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