Patent & IP news for November 21, 2014

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post image The Consumer Protection Function of Trade Marks: Just so? from

This Kat been has thinking a lot lately about trade mark first principles in connection with his participation, together with
fellow Kat Jeremy, in a forthcoming program sponsored by the International Trademark Association (INTA) on ...

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post image Les Mignardises du Vendredi from

Wine and Donuts 

 Yesterday was Beaujolais Nouveau day and the celebrations may have lasted late into the night. Hopefully, the libations will help France forget the issues that the release by ICANN of two new ...

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post image ZTE-Huawei and FRAND ( Case C 170/13) - The Advocate General has spoken from

In the case ZTE-Huawei, the Düsseldorf District Court had referred a number of questions to the Court of Justice. It is seeking to ascertain whether — and, if so, in what circumstances — an action for infringement ...

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post image Standard Essential Patents Loose Ground from

Colm AhernPatLit has received the following item from Spain, written by Colm Ahern (of Elzaburu, Madrid) including Colm's comment on the Advocate General's opinion outlined in the previous post:
The Advocate General ...

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Versata Software, Inc. v. Callidus Software, Inc. (Fed. Cir. 2014) from

By Andrew Williams -- The Federal Circuit made it clear earlier today that district courts should freely grant stays in view of Covered Business Method ("CBM") patent reviews instituted by the Patent Trial and Appeal Board ...

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Google and Android OEMs apparntly close to settlement with Rockstar over ex-Nortel patents from

About a year after the Rockstar Consortium's Halloween 2013 lawsuits against Google and a host of Android device makers, and only days after a $188 million settlement between Rockstar and Cisco became known, the ...

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Patent battle at ED Va yields outcome different from ITC from

The patent battle between DeLorme and BriarTek is an example of differing outcomes at a district court in comparison to the ITC.

Judge Brinkema of ED Va found the BriarTek patent invalid. The ITC found ...

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Court finds that ambiguous assignment agreement does not break chain of title from

It’s always important to ensure that intellectual property agreements are carefully drafted.  However, on rare occasions a court will see past a drafting error and interpret an agreement to match the apparent intent of ...

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One Republican election loss that may impact IP legislation in the coming term from

In an election year that favored Republicans, a House seat loss by Republicans in Nebraska may impact IP.

Of the loss:

Lee Terry, who represents an Omaha-based district, was considered one of the few vulnerable ...

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The patent numbers game: "my stack is bigger than your stack" arguments are so gone... from

On October 24, 2014, InsideCounsel had a post "Assessing IP Assets," with the text:

The importance of due diligence historically has been downplayed. For the most part, it didn’t matter what condition an asset ...

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Damages Expert’s Linear Valuation of User Activations Excluded from

The court granted in part defendant's motion in limine to exclude the opinion of plaintiff's damages expert concerning the value of user activations. "The Court grants the Motion with respect to [the expert ...

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Attorneys’ Fees, Costs, and an Enhancement! Oh My! from

We have previously posted on the judiciary’s attempts to address frivolous and unwarranted suits brought by patent holding, non-practicing entities (“NPEs”). To deter such litigation, courts have the power to award attorneys’ fees and ...

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Abracadabra . . . Abstract Idea from

As I read Judge Lourie’s opinion for the court in Ultramercial et al. v. Hulu et al., 2010-1544 (Fed. Cir. Nov. 13, 2014), I was reminded of these previous comments by Judge Lourie with ...

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