Patent & IP news for December 2, 2014

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post image Patent Reform: Impact of Alice on Business Method Patents from

Jim Bessen has a short essay in The Atlantic titled: What the Courts Did to Curb Patent Trolling—for Now.   In the essay, Bessen includes the following chart of  showing how the USPTO has slowed-down ...

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post image Unrest in Eponia as staff take to the streets from

Merpel has just heard that European Patent Office employees are taking to the streets of Munich to express their extreme anxiety and disquiet at the state of governance of the office that, if things go ...

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post image 3G standard essential patent valid and infringed: irrelevant whether Vringo is a troll from

With all Kats working flat out, it's always a relief to know that we have our friends who help us out from time to time. One such friend is former guest Kat and PatLit ...

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post image European Patent Office pays for health insurance of members of its oversight body, staff union says from

As a follow-up to yesterday's post on a continuing strike by European Patent Office examiners, I went to watch today's Munich demonstration. I figured I'd see a few hundred (of the EPO ...

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post image Senior Trade Mark UBER Deluged by Phone Calls from Ride-Sharing UBER’s Customers from

Uber Technology is a ride-sharing company which allows users to book their urban trips using a proprietary app matching customers with available drivers. The drivers are not professionals but instead are private individuals supplementing their ...

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Examination of Myriad-Mayo Guidance Comments -- The Coalition for 21st Century Medicine from

By Donald Zuhn -- On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural ...

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EU Law Does Not Adequately Protect Performers, Study Finds from

The Association of European Performers’ Organisations (AEPO-ARTIS) has released a study showing that EU legislation does not provide adequate protection to performers for the legal exploitation of their performances on the internet.

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License agreement tips: pay attention to the definition of “affliliate” from

When licensing a patent, software, copyrightable work or other intellectual property, it’s common for the agreement to license the property to a particular entity and its “affiliates.” The agreement may define the term “affiliates ...

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Arbitration Agreement Enforceable by Nonparty Defendant from

The court granted defendant's motion to compel arbitration and dismiss plaintiff's infringement action and rejected the argument that defendant could not seek arbitration because it was not a party to the arbitration agreement ...

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A Middle-Path: Advocate-General’s Opinion On Abuse Of Dominance For FRAND-Encumbered SEPs from

For the first time, the European Advocate-General has suggested on the grounds of European competition law the context for negotiations of fair, reasonable and non-discriminatory (FRAND) terms, and has set criteria for the enforcement of ...

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SEPs and the Swinging Pendulum from

Introduction American IP scholar Mark Lemley aptly characterized the dynamic relationship between IP and competition law as a swinging pendulum, in which antitrust enforcement of IP has cycled from under-protection to over-protection since the enactment ...

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Guest Commentary by Prof. Peter Menell: Appellate Review of Patent Claim Construction and Institutional Competence from

Peter S. Menell is Koret Professor of Law and at UC Berkeley School of Law and Director of the Berkeley Center for Law & Technology. Professor Menell filed an amicus brief along with Professors Jonas Anderson ...

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