Patent & IP news for October 22, 2014

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post image Patentability: a perpetual problem from

First law of thermodynamics strikes again. Peter Crowley v United Kingdom Intellectual Property Office (unreported, but noted on the Lawtel subscription-only service) is one of those cases that should never be allowed to happen. It ...

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post image Now Ropes & Gray launches EU patent litigation site from

PatLit has just been told about the Ropes & Gray Unitary Patent site, which promises to provide "up-to-date resources and information on developments surrounding the EU’s proposed Unified Patent Court". The site can be accessed ...

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post image Inequitable conduct defense successful despite high standard from

Inequitable conduct is a defense to patent infringement to avoid liability for patent infringement.  However, inequitable conduct also offers a way to introduce unfavorable facts about the patent owner, inventors, etc. to paint the plaintiff ...

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post image EPO Relaxes Unity Procedural Rules - how it works in practice from

Sometimes, topical and important IP developments do not lend themselves to levity or cat-based metaphors.  The relaxing of the procedural rules of the European Patent Office, in the case that the claims of an International ...

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post image Wednesday whimsies from

"Thank you" 1.  In a world which is as full of anger, resentment and selfishly bad manners as the one in which we sometimes seem to be living, it never hurts to express a little ...

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post image BGH decision "Yellow dictionary" colour trade mark dispute from

The German Federal Court of Justice (Bundesgerichtshof, short: BGH) has now published the full grounds (in German) of its recent decision in the "yellow dictionary" trade mark dispute between German publishing house Langenscheidt and RosettaStone ...

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AntiCancer, Inc. v. Pfizer, Inc. (Fed. Cir. 2014) from

By Andrew Williams -- Anyone that has been monitoring the outcome of district court cases recently will be aware of the perils of not including sufficient information, or not timely supplementing, preliminary infringement or invalidity contentions ...

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UPOV Meetings Conclude With New Observers; Tanzania Becomes UPOV Member from

The international body protecting new varieties of plants concluded a week-long set of meetings with a number of decisions, among which was the re-appointment of its secretary general, and the addition of an international organisation ...

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Of the Plant Feedstocks Genomics for Bioenergy research program from

Concerning the use of plants to produce biodiesel:

A Kansas State University biochemist is improving biofuels with a promising crop: Camelina sativa. The research may help boost rural economies and provide farmers with a value-added ...

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CAFC discusses 28 U.S.C. § 1498(a) in IRIS v. Japan Airlines; JAL wins dismissal of infringement complaint from

The outcome of IRIS v. Japan Airlines

IRIS Corporation brought suit in district court, alleg-
ing that Japan Airlines Corporation
committed patent infringement by examining the electronic passports of its
passengers within the United States ...

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TRIPS Council Next Week: Tobacco, Innovation, Non-Violations, Public Health Review from

The next meeting of the World Trade Organization Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is scheduled to take place on 28-29 October. In addition to the regular agenda items of the Council ...

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Little-Known Case May Dramatically Change US Patent System from

The patent case recently argued before the US Supreme Court is relatively unknown, and for good reason. It involves no exciting new technology. It has no controversial patent claims (e.g., covering human genes). However ...

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Conflicting Claim Constructions by District Court and PTAB No Basis for Interlocutory Appeal from

The court denied plaintiff's motion to certify for interlocutory appeal the court's claim construction where the PTAB construed certain claim terms differently. "In this case, there have been different decisions on the same ...

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Considerations for International Inventions – Foreign Filing Licenses from

Guest Post by Brent M. Dougal and Philip M. Nelson.  Dougal and Nelson are IP Attorneys with Knobbe Martens Olson & Bear LLP. In today’s age of international commerce, product development often takes place on ...

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Supreme Court: A Good-Faith-But-Incorrect-Belief that the Patent is Invalid from

by Dennis Crouch Someone who induces infringement is just as liable for infringement as the one who actually commits the underlying act of direct infringement. 35 U.S.C. § 271(b).  However, unlike direct infringement ...

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Halo Electronics loses appeal at the CAFC; the Federal Circuit analyzes the meaning of a sale. from

In HALO ELECTRONICS, INC. v. PULSE ELECTRONICS, INC. , the CAFC affirmed decisions of D. Nevada against the appeal of Halo.

There are issues of on-sale, willful infringement, and limitations from the claim preamble.

Of products ...

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This Week’s Vote Will Show Who Finnish MPs Listen To On Copyright, EFFI Says from

On 24 October, the Finnish Parliament is expected to vote on the Citizens' Initiative for Common Sense for Copyright Act, which aims to make Finnish copyright law more user-oriented. But with a proposal to gut ...

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Sorting Out Sections 284 and 285 from

By Jason Rantanen Halo Electronics, Inc. v. Pulse Electronics, Inc. (Fed. Cir. 2014) Halo v Pulse Panel: Lourie (author), O’Malley (concurring opinion), Hughes (joining concurrence) This opinions contains two important parts: a discussion of ...

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