Patent & IP news for January 27, 2015

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post image Linking to infringing content: the story may not be over from

Hyperlinking©right; fans
have already ordered
their custom-made T-shirts:
what are YOU waiting for?
Did you think that the story with copyright and hyperlinks in Europe was over following the decisions of the Court of Justice ...

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post image Disciplinary authority over the EPO Boards of Appeal: a former member speaks from

A Cat speaks ...The events that unfolded in the European Patent Office (EPO) in Munich in December 2014 have been extensively covered by Merpel on this blog, and have attracted many comments.  Almost the entirety ...

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post image Forsgren's SPC: what does the marketing authorisation have to say about the active ingredient? from

In a recent judgment, Case C‑631/13, Arne Forsgren v Österreichisches Patentamt, the Court of Justice of the European Union (CJEU) had to again consider a referral about a Supplementary Protection Certificate (SPC). The ...

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post image French say "non!" to nutty name from

"French court stops child from being named Nutella" is the title of a BBC news item today. This item reads, in relevant part:
A French court has stopped parents from naming their baby girl Nutella ...

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House Fly Genome Sequenced from

By Kevin E. Noonan -- The phylogenetic Order Diptera comprises the "true" flies (defined as having a single pair of wings arising from the thorax) and is first found in the fossil record in the Middle ...

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Life as a patent examiner according to the EPO - paid-for article in the New Scientist from

Fresh from publishing the thoughts of a former member of the Boards of Appeal of the European Patent Office, Merpel just noticed this article: A day in the life of a patent examiner appearing in ...

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New Proposal To Extend WHO Action Plan On Innovation, IP Rights from

At the World Health Organization Executive Board today, a group of countries tabled a proposal to extend the World Health Organization plan of action on public health, innovation and intellectual property until 2022. Yesterday, the ...

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Expert’s “Petal-Plucking Exercise” Warrants Exclusion of Comparable Licenses from

The court granted defendants' motion to exclude the testimony of plaintiff's damages expert regarding non-comparable licenses. "[The expert's] thinking here is hard to follow. She identifies five documents as the core of the ...

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Foreign Agent-Client Privilege? from

by Dennis Crouch A bedrock of U.S. legal practice is attorney-client privilege that allows a party to keep certain communications secret.  This is an important exception to the broad discovery that is ordinarily permitted ...

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EPO does infomercial in New Scientist from

From an article by Dai George in New Scientist:

The interview was produced by New Scientist in conjunction with the European Patent Office, which paid for it to be produced.Innovation often starts with a ...

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Teva, Sandoz each act after Supreme Court decision from

The ScotusBlog discusses current timing issues in Teva v. Sandoz:

Specifically, Sandoz and three other generics on Friday asked the Court not to wait the usual twenty-five days to put its new decision into effect ...

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Weighing Treatises v. Restatements - Copyright Edition from

In A Restatement of Copyright Law as More Independent and Stable Treatise, 79 Brooklyn L. Rev. 457 (2014), Ann Bartow considers the pitfalls of treatises as overarching guides to complex laws. These pitfalls include conflicts ...

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Obviousness: Cannot modify Prior Art a way that Disrupts the Reference’s Contribution to the Art from

by Dennis Crouch Plas-Pak Indus v Sulzer Mixpac (Fed. Cir. 2015) (non-precedential) In 2011, Plas-Pak requested an inter partes reexamination of Sulzer’s paint-mixing Patent No. 7,815,384.  After considering the prior art, the ...

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CAFC affirms PTAB in Plas-Pak from

From Plas-Pak as to obviousness:


Where “a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination ...

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US Patent 8,940,520 to Pond Biofuels from

--United States Patent8,940,520Martin ,   et al.January 27, 2015--
First claim
--1. A process of growing a phototrophic biomass in a reaction zone, wherein the reaction zone includes an operative reaction mixture ...

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Law Firm Disqualified in Li-ion Battery Patent Suit from

Previous posts (here and here) discussed some of the patent enforcement activity by Celgard, a North Carolina company that manufactures specialty membranes and separators for lithium ion batteries. Celgard has filed several lawsuits alleging infringement ...

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IP Intensive: A Semester at TVOntario from

Three months ago, I would have had only a vague notion of what a broadcaster does (or is), what entertainment or IP lawyers do, and how they intersect with producers and creators in the Canadian ...

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IP Intensive: SOCAN You Believe What A Tariffic Time I Had? from

My placement at the Society of Composers, Authors and Music Publishers (‘SOCAN’) as part of Osgoode’s Intellectual Property Law and Technology Intensive Program was one of the most enriching experiences of my law school ...

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IP Intensive: A Semester at Cineplex; or, How I Learned to Stop Worrying and Eat the Popcorn from

I love movies. And although my enjoyment of a movie can be hit-or-miss, I also love the act of going to the movies. The cultural cathedrals we call “movie theatres” are among the few remaining ...

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A Constitutional Challenge to Inter Partes Review from

by Dennis Crouch The America Invents Act (AIA) created a set of new administrative review procedures (IPR, PGR, CPR) that allow third-parties to challenge already issued patents.  This new approach takes a power that was ...

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