Patent & IP news for January 22, 2015

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post image Thursday thingies from

French Trade Mark Registry
says "Stop" to JE SUIS CHARLIE
A French update on JE SUIS CHARLIE trade mark applications:  Following Jeremy's Sunday morning post about OHIM's statement about the making of ...

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post image BREAKING NEWS: CJEU says exhaustion only applies to the tangible medium of a work (so no such thing as a digital exhaustion?) from

Today's an important day for EU copyright at the Court of Justice of the European Union (CJEU). The Court has in fact just issued its much-awaited 50-paragraph decision in Case C-419/13 Art&Allposters ...

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post image BREAKING NEWS: CJEU confirms accessibility criterion to determine jurisdiction in online copyright infringement cases from

When an unregistered right has been allegedly infringed online, what court is competent to hear and decide the resulting case? 

The answer to this question depends on the interpretation of the special rule of jurisdiction ...

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post image Court of Appeal confirms that sale of T-shirt with Rihanna's image on it was passing off from

Readers will surely remember the Rihanna/Arcadia passing off litigation over that infamous T-shirt bearing RiRi's image, which resulted in Birss J ruling that "[t]he mere sale by a trader of a t-shirt ...

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Teva v. Sandoz: The Dissent from

By Kevin E. Noonan -- The recent history of Supreme Court patent cases has made the dissent a seemingly endangered species, the Court consistently deciding important patent cases by 9-0 votes and, at best, garnering concurring ...

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The Copyright Manifesto: How The EU Should Support Innovation And Creativity Through Copyright Reform from

“Copyright divide in numbers”, the graph on the first page of the newly launched ‘The Copyright Manifesto. How the European Union should Support Innovation and Creativity through Copyright Reform’ tells a story. In an illustration ...

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Groupware System and Integrated Circuit Design Patents Invalid Under Alice from

The court granted defendant's motion for judgment on the pleadings that plaintiff's groupware system patents were invalid for lack of patentable subject matter. "The common specification of the five [patents-in-suit] describes the unremarkable ...

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US Tech Cos are Bulking-up On Software and Methods Patents from

More than half of Google and Microsoft’s 2014 US patent grants were in methods-related classes. IBM and Apple also were active filers in these areas. By Maulin Shah and Bruce Berman Patent values are ...

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Director Lee: Next Step is to Focus on Patent Quality Initiatives from

by Dennis Crouch In her confirmation hearings on January 21, Michelle Lee reported to the Senate that both the USPTO and the Courts have taken significant steps in addressing problems in the patent system following ...

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Hana Financial, Inc. v. Hana Bank: Tacking Priority of Earlier Trademarks from

The U.S. Supreme Court does not get to tackle trademark law issues very often. The decision in Hana Financial, Inc. v. Hana Bank, (No. 13-1211; January 21, 2015) is the first pronouncement of the ...

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Do We Need a Federal Trade Secret Statute? from

There is a current push for federalizing civil trade secret law. I don't really understand it, quite frankly. I've listened to many folks in IP intensive industries, and their reasons for asking for ...

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Some background on issues in the recently decided Supreme Court case, Teva V. Sandoz, 2015 U.S. LEXIS 628 from

As to the recently-decided Supreme Court case in Teva v. Sandoz, 2015 U.S. LEXIS 628, one observes the last words of the dissent:

Although it relied on expert testimony to understand the science underlying ...

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US 20150024450 on alcoholic fermentation to produce ethanol from

From within US 20150024450 to Mascoma:

Ethanologenic organisms, such as Zymomonas mobilis, Zymobacter palmae, Acetobacter pasteurianus, or Sarcina ventriculi, and some yeasts (e.g., Saccharomyces cerevisiae), are capable of a second type of anaerobic fermentation ...

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National Journal discusses Michelle Lee before the Senate Judiciary Committee from

From the post

Obama Nominee Stays Mum on Fighting Patent Trolls

In her second appearance in as many months before the Senate Judiciary Committee on Wednesday, Lee told lawmakers there "should be additional improvements to ...

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Posner quoted in article on "Deflate-gate" from

From the post
Does Deflategate mean cheaters prosper in NFL? 

One recalls Judge Richard Posner's observation that we seem to view plagiarism committed by successful authors as "a chump's crime, less likely to ...

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IP Year in Review 2014 – The Perpetual Motion of IP Law from

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Osgoode Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property ...

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