Patent & IP news for December 23, 2014

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post image Randoms, leggy chicks and youth culture: ice cream opposition meltdown in Ireland from

So many decisions on trade marks emanate from the Community trade mark system and from the major national jurisdictions in Europe that it is occasionally easy to miss one. It's only now that this ...

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post image First confidentiality, now costs: Vestergaard v Bestnet refuses to go away from

Now it's costs that bite ...Still at it. Vestergaard Fransen S/A & others v Bestnet Europe Ltd and others is a case that simply refuses to go away. The events leading to the dispute ...

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post image 3Q GDP final estimate from

It turns out that the US economy is doing even better than we thought. The third estimate of U.S. 3rd quarter GDP from the BEA showed a healthy 5.0% growth rate. This is ...

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Supreme Court: Problem of Divided Ownership from

by Dennis Crouch The general rule is that all co-owners of a patent must join together as plaintiffs less the case be dismissed.  In STC.UNM v. Intel, the Federal Circuit ruled that, while co-owners ...

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USPTO News Briefs from

By Donald Zuhn -- USPTO Closed on December 26 The U.S. Patent and Trademark Office issued a notice today informing stakeholders that the Office will be closed on Friday, December 26, 2014. The notice indicated ...

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USC Creates Infographic on History of Patent Law from

The University of Southern California (USC) Gould School of Law has created an infographic that provides some highlights in the history of patent law, starting at around 500 B.C. and including the first ever ...

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Transitions: Hal Wegner from

by Dennis Crouch I am one of the many followers of the prolific and outspoken patent guru and professor Harold C. Wegner.  Well before the Internet and blogs arrived, “Hal” Wegner was writing articles and ...

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Expert’s Use of Noninfringing Off-Label Sales in Lost Profits Analysis Precluded from

The court granted defendant's motion to exclude the testimony of plaintiff's damages expert regarding lost profits testimony that included all sales of the accused drug product, including off-label use. "[E]ven where related ...

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The Malleability of Patent Rights from

By Jason Rantanen Folks who write about patents commonly explain the concept by drawing an analogy to real property rights, with the metes and bounds of a patent set out in the claims rather than ...

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CAFC affirms DNJ Rule 12(b)(6) dismissal in CET/ Diebold case; "scanner" argument fails from

In the CONTENT EXTRACTION AND TRANSMISSION LLC [CET] case, the CAFC affirmed a dismissal in the District Court of New Jersey ultimately based on ineligible subject matter under 35 USC 101. 

Within the discussion

An ...

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Plagiarism problem in Nevada? from

In cases involving allegations of plagiarism, one frequently finds a wide range of third party commentary, ranging from "what's the problem" to "off with their heads."  In the past, the Glenn Poshard matter at ...

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Recent Trademark Oral Arguments at the Supreme Court from

I was on vacation during the first week of December and completely overlooked the fact that the Supreme Court heard oral argument in two trademark cases during that time. In Hana Financial, Inc. v. Hana ...

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