Patent & IP news for November 20, 2014

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post image Back in England from

Back in England! IPKat blog team member is now back in Blighty after his Australia lecture tour.  He just wants to thank his fellow Kats for all their efforts in keeping the blog running smoothly ...

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post image BREAKING 'GOLDEN BALLS' NEWS: the CJEU sends the case back to OHIM from

Alberto BellanThe trade mark decision everybody, including Jeremy and Merpel, was waiting for, ie that of the Court of Justice of the European Union (CJEU) in the GOLDEN BALLS saga [on which see earlier ...

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USPTO News Briefs from

By Donald Zuhn -- Prioritized Examination Interim Rule Adopted As Final Last March, we reported on an interim rule implemented by the U.S. Patent and Trademark Office that expanded the time periods for meeting certain ...

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Draft rules for European patent court: injunctive relief an automatic remedy for infringement from

When then-U.S. Secretary of Defense Donald Rumsfeld made a distinction between the "Old Europe" and the "New Europe" (including countries like Poland), there was a lot of (understandable) outrage. Unfortunately, some of the people ...

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European Advocate General recommends to raise the bar for injunctions over FRAND-pledged SEPs from

Last year, the Landgericht Düsseldorf (Dusseldorf Regional Court) referred a set of questions relating to injunctive relief over FRAND-pledged standard-essential patents (SEPs) to the Court of Justice of the European Union and stayed a Huawei ...

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CAFC in E.DIGITAL v. FUTUREWEI and HUAWEI DEVICE addresses collateral estoppel from

From the decision:

To be clear, our decision that collateral estoppel
cannot apply to the construction of a claim in one patent
based on a previous claim construction of an unrelated
patent is not an ...

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The interplay of plagiarism accusations and FERPA from

Note the report in the Chicago Sun-Times, Hearing officer, UIC clear CSU official of plagiarism, in the Angela Henderson matter.

The report contains the following text

UIC is accused of violating the federal Family Educational ...

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Australia Accuses Tobacco Industry Of ‘Regulatory Chill’ In WTO Plain Packaging Case from

Australia this week at the World Trade Organization said the tobacco industry is applying a "well-known tactic" of instilling a "regulatory chill" on WTO members' efforts to implement plain-packaging anti-smoking strategies. It also said pro-tobacco ...

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Dilatory Tactics and Gamesmanship Warrant Limiting Number of Disputed Claim Terms to Five from

The court sua sponte limited the parties to five terms for claim construction because of their litigation tactics. "Nearly a year into this litigation, the record thus far suggests that both parties have engaged in ...

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UK High Court Orders ISPs To Block Trademark-Infringing Websites from

In what may be a test case for trademark owners battling counterfeiters, the UK High Court has ordered five internet service providers (ISPs) to block websites that were advertising and selling bogus goods. The ruling ...

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Google agrees to settle with Rockstar from

In a post titled Google, Rockstar agree to settle patent litigation: filing , Reuters reported on 20 November 2014

In October last year, Rockstar sued Google and several handset manufacturers whose phones operate on Google's ...

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CAFC reverses Judge Robinson of D. Del. in VERSATA case from

Of note in the CAFC decision:

While we typically review district court decisions on
motions to stay for abuse of discretion, the AIA also
provides this court authority “to conduct more searching
review of decisions ...

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Tun-Jen Chiang on Patentable Subject Matter from

Patent law is usually justified on utilitarian grounds. To be sure, significant contrary views have appeared in recent scholarship. For example, Professor Robert Merges’ work provides a partly Lockean  account of intellectual property. The dominant ...

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Building the Perfect Employee Agreement from

It’s sometimes very difficult to draft that perfect employee agreement – you know – the kind that fully protects your rights to intellectual property and inventions created by your employees while at...


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