Patent & IP news for March 26, 2015

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post image BREAKING: CJEU says that live broadcasts are not communication to the public within InfoSoc Directive but Member States can protect them from

Did you think that following the decisions of the Court of Justice of the European Union (CJEU) in Svensson [Katposts here] and BestWater [here], the story with copyright and hyperlinks was over? Of course not ...

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post image Broccoli & Tomatoes, part deux: more from the Enlarged Board from

The Enlarged Board has been busy indeed. Not content with clarifying the law on clarity (see here), it has also now emerged from the garden clutching two prize specimens: G 2/12 (Tomatoes II) and ...

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post image TVCatchup heads back to Luxembourg for a second preliminary ruling from

A familiar sight for lawyers
involved in TVCatchup suits
ITV Broadcasting Limited, ITV 2 Limited, ITV Digital Channels Limited, Channel Four Television Corporation, 4 Ventures Limited, Channel 5 Broadcasting Limited and ITV Studios Limited v ...

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G 3/14: Clarity from the Enlarged Board from

Readers who are currently involved in EPO opposition proceedings where the patent has been amended (i.e. about 70% of opposition cases) will no doubt be as excited as this Kat to learn that the ...

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European Patent Office revokes rubberbanding patent: Google and its partners win, Apple appeals from

Two weeks ago I highlighted some smartphone patent cases that are still ongoing but have almost been forgotten by the public, including, among others, Google's continuing efforts to have Apple's European rubberbanding (overscroll ...

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US application to a research photobioreactor from

Celldeg of Berlin has the '049 application to a rearch photobioreactor:


1. Research photobioreactor for the warranty of the photoautotrophic growth of cyanobacteria and microalgae under axenic conditions at extremely high photoautotrophic activities with small ...

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Patent quality — Is a “shared responsibility, says IBM; it does not represent invention quality or IP value from

There is a great deal of agreement that patent quality is lacking, but surprisingly little about how to define and achieve it. Patent quality is typically associated with validity. Good patents are valid upon scrutiny ...

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Patent application on selecting algae strains for robustness from

Joe Weissman of ExxonMobil has a patent application titled.   METHODS OF SELECTING ALGAE STRAINS FOR PRODUCTIVITY AND ROBUSTNESS  With first claim


1. A method for selecting a strain of algal cells for biomass accumulation in ...

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Indian Draft Pesticides Bill Contains TRIPS-Plus Data Exclusivity, Indian Pharma Says from

India is considering legislation on pesticides containing data exclusivity provisions that would raise the level of intellectual property protection above the minimum required by international trade agreements and could act as a precursor for pharmaceutical ...

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The first three claims of Apple's application ELECTRONIC COMPONENT EMBEDDED IN CERAMIC MATERIAL 


1. An electronic device, comprising: a housing; a cover glass affixed to the housing; and an electronic component embedded within the ...

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“Shotgun” Infringement Pleading May Support Exceptional Case Finding from

The court denied defendant's motion to dismiss plaintiff's "shotgun" direct infringement claim but warned of a potential exceptional case finding later. "[Plaintiff's] asserted patents are clearly complex. Among the six patents, there ...

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Fortune piece favorable to Goodlatte Innovation bill from

Jeff Roberts of a fortune presents a piece favorable to the Innovation bill of Goodlatte in the post
CEOs tell Congress: Patent trolls are giving us the shakedownCuriously, Roberts did not focus on the ...

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Deputy Director Russ Slifer from

As I mentioned in my twitter feed, Russ Slifer has now been sworn-in as Deputy Director of the USPTO after being nominated by Director Michelle Lee and then appointed by Secretary of Commerce Penny Pritzker ...

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Busy Year At WTO: 20th Anniversary, Doha Round, Dispute Settlement Overload from

This year is an auspicious moment for the World Trade Organization and the multilateral trading system, WTO Director General Roberto Azevêdo told journalists today. In particular, he said, the WTO, after a hiatus last year ...

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BREAKING: EPO staff union to win formal recognition? from

The President of the EPO and Chairman of the Administrative Council (AC) have just published a joint statement following the recent AC meeting. Merpel is pleased to see that the AC is at last starting ...

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Sun completes merger with Ranbaxy from

And note:  Daiichi Sankyo becomes the second largest shareholder in Sun Pharma.


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CAFC in Exela v. Lee: PTO revival rulings are not subject to third party collateral challenge; Judge Newman: we must try harder from

The CAFC in Exela addressed third party challenges to PTO revival rulings.


The issue addressed:

This appeal presents the question of ...

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Outcome:  Because the Board incorrectly construed the term at issue, and its rejections are not supported under the proper construction, we reverse and remand.

The meaning of the word "indicative" was at issue:

“Indicative” is ...

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UN Human Rights Council Approves Expert On Privacy In The Digital Age from

The UN Human Rights Council at its 28th session today in Geneva adopted a resolution that establishes a new mandate for a Special Rapporteur on Privacy in the Digital Age. The Council also approved a ...

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How The Leaked TPP ISDS Chapter Threatens Intellectual Property Limitations and Exceptions from

By Prof. Sean Flynn, Associate Director, Program on Information Justice and Intellectual Property (PIJIP), American University Washington College of Law Reposted with permission from, original here. I released a statement earlier today opining ...

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TTAB Rulings May Have Preclusive Effects in District Court Cases from

In a 7-2 split decision issued on March 24, 2015, the U.S. Supreme Court held that Trademark Trial and Appeal Board (“TTAB”) rulings may have preclusive effects in subsequent federal district court litigation. The ...

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