Patent & IP news for October 14, 2014

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post image Is This Henley a Shirt or a Musician? from

WARNING: this post may plant the lyrics to “Hotel California” in your mind.
Don Henley, a member of the Eagles music band and also a solo musician, is suing clothing retailer Duluth Holdings in the ...

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Patents County Court survey: the results from

Readers of this weblog may recall the publication of a request for assistance with regard to research undertaken by Kingsley Egbuonu into the Patents County Court for England and Wales. The fruits of Kingsley's ...

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EU Legislation On Nagoya Protocol Becomes Effective; Will It Hurt Indigenous Peoples’ Rights? from

The entry into force of an international treaty facilitating access to genetic resources and ensuring the fair sharing of potential commercial benefits has prompted the applicability of a European Union regulation relating to the treaty ...

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Special Report: Russia Modernises Its Intellectual Property Law from

As of 1 October, major amendments of the Civil Code of the Russian Federation (the RF Civil Code) came into force concluding the most recent and extensive legislative revision since Part I of the Code ...

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Expert’s Use of “Excess Profits” to Calculate Reasonable Royalty Requires Additional Briefing to Establish Reliability from

The court ordered defendants to provide additional briefing or it would exclude the testimony of their damages expert regarding a reasonable royalty because of his unconventional analytical/income approach analysis. "[The expert] appears to base ...

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Put Away that Midnight Oil: New Rule in the District of Delaware from

On October 2, 2014, Chief Judge Leonard Stark of the U.S. District Court for the District of Delaware announced a new deadline of 6:00 p.m. Eastern Time for all filings other than ...

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PTAB obvious understand combination order references from

Understanding the Examiner's position is key to advancing prosecution. Before appeal, it's best that the Applicant understands what the Examiner is saying, and that the Examiner understands what the Applicant is saying. Certainly ...

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The Role of Patents in the Emerging Market for Venture Lending from

by Dennis Crouch A new article out from Yael Hochberg, Carlos Serrano, and Rosemarie Ham Ziedonis looks at how patents are increasingly being used as collateral for start-up ventures.  Generally, this area is being termed ...

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Kenney & Mowery: Public Universities and Regional Growth from

 I've received my new copy of Public Universities and Regional Growth: Insights from the University of California, edited by Martin Kenney and David Mowery. It is an excellent book, demonstrating the complex interactions between ...

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Bosch loses to SnapOn at the CAFC from

In Bosch v. Snap-On, the CAFC affirmed ED Michigan's determination that the claims of the Bosch '313 patent were invalid with no support in the specification for a claim under 112 P 6.

Of ...

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Allison, Lemley & Schwartz on Patent Litigation from

By Jason Rantanen In 1998, John Allison and Mark Lemley published a groundbreaking empirical study of patent litigation, Empirical Evidence on the Validity of Litigated Patents.  Allison and Lemley’s focus in that article was ...

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SSL prevails over Citrix on the '011 patent from

As to willful infringement, from
SSL v. Citrix:

To establish willful infringement, the patent holder
must show clear and convincing evidence that: (1) “the
infringer acted despite an objectively high likelihood that
its actions constituted ...

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Pro se appellant Tay loses at the CAFC from

An undefined term in the application was given its broadest reasonable interpretation and anticipatory art was identified.

The term contact is not defined in the
’864 application. Based on our review of the ’864 application ...

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MVS Filewrapper® Blog: Federal Circuit Schedules Oral Hearing in First Appeal of Inter Partes Review from

Post by Jonathan Kennedy

The Federal Circuit has scheduled oral arguments for the first appeal of an inter partes review ("IPR") decision by the Patent Trial and Appeal Board ("PTAB").  Oral arguments have been scheduled ...

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Patentees don't do well in court from

PatentlyO mentions work of Allison, Lemley & Schwartz on Patent Litigation noting

Overall, patent challengers tend to win: Overall, patent holders tended not to win in cases that went to a definite merits resolution. Overall, patentees ...

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Sanctions under Rule 11 more powerful tool against "trolls" than eliminating Rule 84 from

Some discussion Rule 84 / Form 18 has appeared; see the two comments to the post The Judicial Conference of the U.S. makes small rules change for patent infringement and
One weird legal trick that ...

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