Patent & IP news for January 15, 2015

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post image Major Italian newspaper infringes artists' copyright on account that it would have taken too long to clear the rights from

Clearing the rights?
A waste of time, according to Corriere
Via Giuseppe Mazziotti (Trinity College, Dublin) and fellow IPKat contributor Alberto comes an appalling interesting story of possible copyright infringement concerning major Italian newspaper Corriere ...

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post image Patent Early? Maybe Not from

Patent lawyers almost always instruct inventors to file for patent protection at the earliest possible date, but maybe this is not the best advice for many startups. To the contrary, I think this conventional advice ...

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post image BREAKING: CJEU says that owner of an online database not protected by copyright or sui generis right may restrict its use by contract from

As Tom explained a few days ago, 2015 will be a busy copyright year at everybody's favourite court, ie the Court of Justice of the European Union (CJEU), with both a number of cases ...

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post image Can Unified Patent Court and national laws of infringement diverge? An IPKat dialogue from

This moggy has previously posted his view that when the signatories to the UPC Agreement ratify the Agreement, they will have to conform their national law of patent infringement to that specified in the UPCA ...

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post image Monaco "devoid of distinctive character", rules EU court from

Monegasque stamps
take some licking ...
Judgment was delivered today by the General Court in Case T-197/13Monaco v OHIM (not yet available in English, though you can enjoy it in Maltese, Croatian or Estonian ...

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"No Clinically Meaningful Differences": The First Accepted Biosimilar Application Has Been Recommend for FDA Approval from

By Andrew Williams -- Last week, at their January 7, 2015 meeting, the FDA's Oncologic Drugs Advisory Committee ("ODAC") recommended the approval of Sandoz's biosimilar filgrastim application to market a version of Amgen's ...

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Copyright in Spain: a month without Google News from

Is there such a thing as life without Google?  Possibly not, for most of us, but it may still be possible to exist on our increasingly connected planet if one is deprived of one little ...

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Hearing for Director Michelle Lee Nomination from

It has now been 24 months since the USPTO has been led by a Senate confirmed director and, for the past year Michelle Lee has been in the limbo position as being de facto head ...

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Anonymous Loan Shopping Patents Invalid Under Alice from

The court granted defendant's motion for summary judgment that plaintiff's anonymous loan shopping patents were invalid for lack of patentable subject matter. "[T]he claims are directed to the idea of allowing users ...

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Patent Forum Selling from

Two papers have been posted this fall related to the negative effects of courts consciously encouraging litigants to file cases in their districts, such as E.D. Tex. and D. Del. with patent cases—one ...

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Federal Circuit Gives Malpractice Case New Hope by Remanding to State Court from

In NeuroRepair v. Nath Law Group (Fed. Cir. 2015), the Federal Circuit has dismissed NuroRepair’s malpractice case against its patent prosecution attorneys – holding that the Federal Courts lack subject matter jurisdiction because the case ...

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NEUROREPAIR malpractice case against Nath Law goes back to state court from

The CAFC went through the requirements of Gunn v. Minton in analyzing the
malpractice case of


Some background of the malpractice case

In December 2005 ...

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CAFC in Newbridge trademark case: not all information on the internet is generally known from


The Trademark Examiner refused to register the
mark as being primarily geographically descriptive when
applied to applicant’s goods under 15 U.S ...

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CAFC addresses public use in DELANO FARMS COMPANY case from

gets into nuances "prior public use".

As to public use

Our case law defines the contours of what it means to
be “accessible to ...

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Split decision of CAFC in BARD PERIPHERAL VASCULAR v. W. L. Gore from

Michael William McConnell of Kirkland & Ellis LLP, arguing on behalf of plaintiffs-appellees
Bard and Goldfarb, won an affirmance of a District of Arizona finding of willfulness
in patent infringement. [ BARD PERIPHERAL VASCULAR v. W. L ...

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PCT application of Nexgen Algae, titled PHOTOBIOREACTOR SYSTEM AND METHOD from

PCT/US2014/046196 of Nexgen Algae, titled PHOTOBIOREACTOR SYSTEM AND METHOD, met a bad fate in the international search report/written opinion.

Reference D2, JP 2009 195163 to CCS Inc., disclosed photobioreactors connected in series ...

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" Patent filings should never be taken as truth " ? from

From within the post New Patent Gives Us A Better Idea Of What's Behind Google's Mysterious 'Cinematic Reality' Investment

Of course, patent filings should never be taken as truth. Companies will patent a ...

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MVS Filewrapper® Blog: Unauthorized Planting does not Constitute Public Use from

Post by Dan Lorentzen


The Federal Circuit Court of Appeals has issued a decision in Delano Farms Company v. California Table Grape Commission, holding that the actions of two individuals who obtained samples of the ...

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Argonne releases new version of "WATER," related to water requirements for biofuels production from

There is recently some discussion of a new version of "Water Assessment for Transportation Energy Resources"
(aka: WATER), an online tool created by the US Department of Energy’s Argonne National Laboratory to help biofuels ...

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Article to be published in Science, January 2015: "Disclosing patents' secrets." from

A post at on the upcoming publication in Science begins:

Common wisdom and prior economic research suggest that an inventor filing a patent would want to keep the technical know-how secret as long ...

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