Patent & IP news for January 28, 2015

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post image PTAB broadest reasonable secured interpretation hypothetical from

Takeaway: In an ex parte reexamination of a patent on a rolling tool cabinet, both the Applicant and the Examiner made extensive use of dictionary definitions to interpret the claim term "secured." The Applicant asserted ...

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post image The patent profession: visions for the future, problems for the present from

The typical successful patent practitioner
of the mid-2030s: technically savvy multi-
tasking female, working from home ...
Visiting a group of patent and trade mark attorneys (but mainly patent folk) the other day for a friendly ...

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post image Website blocking in Greece: how does it work there? from

Yannos ParamythiotisDebate around online copyright enforcement has intensified over the past few years, particularly with regard to blocking injunctions, and will likely be even more so this year
The recent decision of the Court ...

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post image Snatching defeat from the jaws of victory: the pain and the pleasure of a bondage frame dispute from

All litigation takes a toll of litigants, whether in terms of money expended, time consumed, emotions drained or blood pressure sent racing.  The following guest piece, by long-standing Katfriend, IP practitioner, blogger and Old Nick ...

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post image Wednesday whimsies from

The Twitter Ten Thousand.  Earlier today the IPKat's Twitter account @ipkat attracted its 10,000th follower.  Although 10,000 is an arbitrary number and carries no greater significance on the IP social media than ...

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Myriad Throws in the Towel from

By Kevin E. Noonan -- In the aftermath of the Supreme Court's decision in AMP v. Myriad Genetics in 2013, Myriad (paradoxically to those either not paying attention or who over interpreted the scope of ...

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Industry body says Apple advocates rules that would give patent trolls access to injunction from

Recently the Federal Circuit scheduled the hearing on Apple's appeal of the denial of a permanent injunction against Samsung after last year's trial. The hearing will be held on March 4. From the ...

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The Challenge Of Complying (Or Not) With Communication Laws Online from

Is it possible to fully comply with all the laws surrounding online communication? Michel Jaccard, founder of id est avocats says, “The answer is, ‘no.’” Speaking last week at the Club Suisse de la Presse ...

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Looking Behind The Different Invalidation Rates Of Oppositions And IPRs from

Opposition proceedings in Europe have long served as a powerful tool for third parties to challenge the validity of a patent before the European Patent Office (EPO). Now, under the America Invents Act (effective September ...

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Infringement Contentions May Not Qualify Priority Date With “No Later Than” from

The court granted defendant's motion to strike plaintiff's infringement contentions regarding an open-ended priority date. "[Plaintiff] asserts that 'each asserted claim of the patents-in-suit [is] entitled to a priority date no later than ...

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Opportunity for Latino Law Students Interested in Intellectual Property from

By Jason Rantanen The Hispanic National Bar Association and Microsoft are once again sponsoring their week-long HNBA/Microsoft Intellectual Property Law Institute (IPLI).  One of my students participated in the 2013 IPLI and raved about ...

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"Clear error" review under Rule 52; thinking back to KSR from

With the discussion about "clear error" review of extrinsic evidence in fact-finding underlying claim construction, one recalls an aspect of KSR v. Teleflex.
From the 2009 IPBiz post KSR v. Teleflex: story-telling is nice, but ...

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Is the "inter partes review" of the AIA constitutional? from

In a post titled A Constitutional Challenge to Inter Partes Review   , PatentlyO
talks about a brief by Ned Heller asking the CAFC to find the inter partes review component of the AIA unconstitutional for violation ...

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Alice is Harsh - Understanding Alice Corp for Patent Ineligible Subject Matter from

The US Supreme Court’s decision in Alice Corp. v. CLS Bank, which came down last June elaborated on patent ineligible subject matter, particularly as it applies to software patents.  But the scope of these ...

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