Patent & IP news for February 24, 2015

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post image Gevo Gets Good GVR in Supreme Court Decision from

A previous post discussed one significant piece of the massive patent litigation between BP-DuPont joint venture Butamax and the advanced biofuels company Gevo.  The most recent prior thread of this case – which resembles a yo-yo ...

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post image Supreme folly? No muesli mix-up likely in the world where rabbits reign from

Those whom the gods wish to punish, they first bless with a trade mark that should never, repeat NEVER, have been granted.  If you ever doubted that this is true, consider the episode related below ...

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post image The burden of proof in "double identity" trade mark disputes: rising to the Supreme challenge from

Earlier today this Kat posted this note on Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd [2015] EWHC 256 (Ch), the latest in a line of important trade mark rulings from Mr Justice Arnold ...

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post image The EPO: privileged and immune says the President from

Dutch justice.  The following Communiqué, issued by the European Patent Office (EPO) President, Benoît Battistelli, is so self-explanatory that it needs little comment other than to clarify some of the abbreviations. Its substance has already ...

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23andMe Receives FDA Approval for Genetic Diagnostic Test from

By Kevin E. Noonan -- Last Thursday the genetic diagnostic and DNA analysis company 23andMe announced that the FDA had granted the company approval to market a genetic diagnostic test for Bloom's Syndrome, the first ...

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Getting SAWS Data from the USPTO from

The USPTO operates a Sensitive Application Warning System (SAWS) that internally flags pending applications that include “highly controversial” claims or that might create “unwanted media coverage” for the USPTO or the Administration.  Those flagged applications ...

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Status Of Potential WTO Wines And Spirits Register Discussed from

World Trade Organization delegates were convened this week to discuss an international register for wines and spirits in the context of the organisation’s agreement on intellectual property. The discussion, dating back nearly 20 years ...

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US 8,940,520 to Pond Biofuels on growing a phototrophic biomass from


There is provided a process of growing a phototrophic biomass in a reaction zone. The reaction zone includes an operative reaction mixture. The operative reaction mixture includes the phototrophic biomass disposed in an aqueous ...

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EFF's "Defend innovation" whitepaper from

Recommendations from the EafF report

In the second part of the report, EFF prescribes six legislative reforms that would begin to fix the patent system. These include:

Ensuring there are inexpensive and efficient tools for ...

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US Again Target Of Complaints Of Persistent Non-Compliance At WTO DSB from

Discussions at the World Trade Organization Dispute Settlement Body meeting yesterday again included the long-running dispute on a rum brand with Cuba accusing the United States of persistent non-compliance, and other WTO members – such as ...

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The United States Deposits Ratification of the 1999 Geneva Act of the Hague Agreement and Becomes a Member Country of the Hague System from

On Friday, February 13, 2015, the United States deposited an instrument of ratification to the 1999 Geneva Act (Geneva Act) of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement) with the ...

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WIPO Members Propose Changes To Draft Legal Instrument Protecting GIs from

In the run-up to the May high-level negotiating meeting to amend a World Intellectual Property Organization treaty to enhance the protection of geographical indications, member countries were invited to suggest changes to the basic negotiating ...

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“Computer Implemented” Invention Does Not Require Computer Programmer Infringement Expert from

The court denied plaintiff's motion to exclude defendant's infringement expert as unqualified. "[Defendant's expert] is a physician with nearly twenty years of experience with medical claims groupers, which is the subject matter ...

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BREAKING NEWS: UK Government issues statement on EPO from

The IPKat has just received a communication from a spokesman for the UK Intellectual Property Office (IPO) which he has been asked to draw to the attention of the readers of this weblog. This communication ...

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Apple's US patent 8,965,349 from

Abstract of Apple's US ' 349


Embodiments permit interactive sharing of applications. Multiple electronic devices may share applications, or application data, in such a fashion that users of the electronic devices may each see one ...

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Medicines Patent Pool Nails Down Another Key Paediatric Drug from

The Medicines Patent Pool today announced it has struck a licence with MSD, the North American-based Merck pharmaceutical company, to boost access to and innovation on raltegravir, a child-approved HIV medicine. The outcome is particularly ...

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The Eternal Battle of Copyright Fair Use v. Licensing from

In All of This Has Happened Before and All of This Will Happen Again: Innovation in Copyright Licensing, Rebecca Tushnet considers whether easier, cheaper (even free) licensing of copyrighted works should supplant fair use doctrine ...

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Supreme Court Denies Appeal on Constitutionality of First-to-File Patent System from

by Dennis Crouch The Supreme Court has denied MadStad Engineering’s petition for writ of certiorari in its case arguing that the first-to-file patent system is unconstitutional because the new law awards rights for the ...

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Katznelson on Lemley/Feldman paper on licensing from

Ron Katznelson has a guest post at IPWatchdog.

There is a citation to

Sampat, B. N. and Ziedonis, A. A. (2005). Patent Citations and the Economic Value of Patents. In Moed, H. F., Glänzel, W ...

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Next step after GVR in Gevo case? from

As to the GVR in Shire, the pharmapatentsblog noted:


the Supreme Court held that “the ‘evidentiary underpinnings’ of claim construction … must be reviewed for clear error on appeal.” But, the Court also stated:

As all ...

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Apple loses 532.9 million jury verdict in ED Texas from

From Bloomberg:

(Bloomberg) -- Apple Inc. was told to pay $532.9 million after a federal jury said the company’s iTunes software and games accessed through the service used a Texas company’s patented inventions ...

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