Patent & IP news for December 10, 2014

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post image Leading European IP Judges join the chorus of condemnation from

The chorus of condemnation: a true
example of harmonisation in Europe?
Just when Merpel thought her week could not get any more exciting, she’s proved wrong. She has learnt that two of the best-known ...

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post image Demonstration at the EPO from

About 1500 or 1600 individuals (according to estimates of the organizers) including EPO employees, sympathizing professional representatives, curious bloggers and chimeras of these categories have demonstrated in front of the EPO's Isar building today ...

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post image Ireland contemplates hosting a UPC Local Division from

The British Isles are buzzing with excitement and intrigue with regard to Europe's (anything but) Unified Patent Court. First we had the announcement that the Law Society of Scotland and the Society of Advocates ...

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post image Wednesday Whimsies From Across the Pond from

While Jeremy is returning from the INTA conference in Munich, here is a few bits of information gleaned here and there.
A Trademark Infringement Suit is Not Easy to Wipe Off
I learned about this ...

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Sandoz Inc. v. Amgen Inc. (Fed. Cir. 2014) from

By Andrew Williams -- Last year, Sandoz filed a declaratory judgment action against Amgen and Roche related to its etanercept biosimilar drug product, which it developed to compete with Amgen's Enbrel® TNF inhibitor. Specifically, Enbrel ...

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Hurray for judicial sense on product by process claims - Birss triumphs in Hospira v Genentech from

This Kat did not have time to get round to reading Hospira v Genentech when it first emerged, and did not immediately notice that it was an entire new case in its own right, and ...

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NGOs Offer Views For WIPO Members Creating Treaty On IP Rights For Broadcasters from

World Intellectual Property Organization members have been working in relative secrecy this week to decide how far to apply intellectual property rights protections on broadcasts. To guide them, nongovernmental organisations offered a range of views ...

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Limitations And Exceptions For Libraries, Archives And Education At WIPO: What To Know About The Africa Group Proposal from

The 29th Session of the Standing Committee on Copyright and Related Rights at the World Intellectual Property Organization is currently underway. On the agenda, inter alia, will be discussions on Limitations and Exceptions to Libraries ...

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Over-designation of Documents as Confidential Warrants Discovery Sanctions from

The court granted in part plaintiff's motion to sanction defendants for abusing the parties' protective order by designation more than 90% of their production as "outside attorneys' eyes only." "Defendants have produced 226,834 ...

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Will India, US Bridge Divide Over Intellectual Property Rights? from

There is an uptick in India-United States relations. US President Barack Obama will be in India in January as the chief guest at the country’s Republic Day Parade. Obama, who hosted India’s new ...

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Intellectual Property, Politicians, and the Press: Who’s Protecting the Public Good? from

It’s hardly surprising that politicians and members of the press often find themselves at odds with one another, as the two have a long history of conflicting priorities and mandates. Yet the two entities ...

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InterDigital and Tessera Soar in a Strong 4Q for Stocks from

The stock market continues to defy expectations. Even more surprising, a few PIPCOs have dramatically outperformed it. Smaller cap patent stocks have not fared so well.   A handful of patent licensing companies are poised to ...

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Federal Circuit Supports USPTO’s Refusal to Withdraw Terminal Disclaimer at Patentee’s Request from

by Dennis Crouch Japanese Foundation for Cancer Research v. Michelle Lee (Fed. Cir. 2014) The Japanese Foundation holds several patents relating to treatment of malignancies with a drug causing cell apoptosis.  See U.S. Patent ...

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EPO Supervisory Body To Face Fears Over Patent Quality, Judicial Independence from

As staff strikes continue and the European Patent Office's Administrative Council prepares for what could be a contentious 11 December meeting, opinions are split over the effect of the turmoil on the office's ...

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Board Appeals official notice provisional written description from

Board finds no inconsistency with relying on Official Notice for a claimed feature while also asserting that this feature isn't supported by Applicant's sparse description

Takeaway: The Examiner denied the Applicant's priority ...

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Next Steps in Shifting Pleading Standards for Patent Cases from

by Dennis Crouch Changing the Rules of Civil Procedure: The Federal Rules of Civil Procedure operate with the force of law, but their implementation procedure is unusual.  In 1934, Congress adopted the Rules Enabling Act ...

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IP Osgoode Speaks Series: The U.S. Supreme Court’s Aereo decision and the U.S.’ international obligation to implement the “making available right.” – Are we there yet? from

IP Osgoode would like to thank everyone who attended Professor Jane Ginsburg’s lecture, titled “The U.S. Supreme Court’s Aereo decision and the U.S.’ international obligation to implement the ‘making available right ...

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It is Time to Confirm Michelle Lee from

There were no surprises with this morning’s consideration of Michelle Lee as the nominee to the position of Under Secretary of Commerce and Patent Office director.  The Senate should – but will not – move quickly ...

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Malta: a ratification ... and a problem? from

Malta has now definitely ratified the Unified Patent Court Agreement, this event taking place yesterday, 9 December 2014. Malta's accession has been the subject of both speculation and confusion, as reported on earlier PatLit ...

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