Patent & IP news for December 22, 2014

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post image A design infringement case for the holidays from

Just before the United Kingdom generally shuts down and stops functioning for a few days, Mr Justice Arnold slipped out a decision that is positively anti-Arnoldian.  It comes in at slightly less than 100 paragraphs ...

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post image Never too late! If you missed the IPKat last week from

While many children - whether young or ... less young - around the world are keenly awaiting 25 December to unwrap their Christmas presents, for IPKat readers 25 is the number of this week's round-up of all ...

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post image Goodbye to “protective” trade marks: a change in Spain from

"Bye-bye!"Katfriends and IP enthusiasts David Pellisé and Juan Carlos Quero (Pellisé Abogados, Barcelona) have recently been involved in some successful litigation in Spain which may not seem to exciting to those non-Spaniards who are ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Amneal Pharmaceuticals LLC 1:14-cv-01474 filed December 11, 2014 ...

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Recent Cases Warn Of Dangers Of Trying For Second Bite At The IPR Apple from

The American Invents Act of 2011 (AIA) created inter partes review (IPR), a new opposition-like proceeding conducted at the US Patent Trial and Appeal Board (PTAB) in the US Patent and Trademark Office to challenge ...

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Samsung argues Apple still can't tie patented features to lost sales, latest bid for ban should fail from

On Wednesday, Samsung responded to Apple's opening brief (shown in this October 2014 post) in its appeal of Judge Koh's August 2014 denial of a permanent injunction based on the spring 2014 trial ...

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ISPs In US Face New Copyright Attack from

It is a novel way to attack online copyright infringement. Two music companies have sued an internet service provider, alleging that because the ISP failed to terminate the accounts of repeat infringers, the ISP is ...

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USPTO Issues New Guidance on § 101 Subject Matter Eligibility from

On December 16, the United States Patent and Trademark Office issued new interim examination guidance for evaluating subject matter eligibility under 35 U.S.C. § 101. This guidance, entitled the “2014 Interim Guidance on Patent ...

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Counsel’s Role in Preparing Expert Report Bars Expert’s Testimony from

The court granted plaintiff's motion to exclude testimony from a defense invalidity expert who did not draft his own report. "The problems with [the expert's] testimony stem from the fact that he did ...

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