Patent & IP news for May 13, 2015

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post image BREAKING: CJEU says that distribution right may be infringed by merely advertising sale of protected works from

Does the distribution right under Article 4(1) of the InfoSoc Directive include the right to offer the original or copies of the work to the public for sale? In other words: does the distribution ...

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post image "Now Now, mere reputation is not enough for passing-off" says Supreme Court from

The UK Supreme Court has rejected arguments that it should expand its jurisprudence on passing-off to follow an alleged trend in other common law countries, in this morning's judgment in Starbucks (HK) Limited and ...

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post image Emerging Trends Post-Octane Fitness from

Guest Post by Hannah Jiam.  Ms. Jiam is now a 3L at UC Berkeley School of Law and a student of Professor Colleen Chien.  The full article related to this post is forthcoming in the ...

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Genes Associated with ALS Identified from

By Kevin E. Noonan -- One of the promises of the Human Genome Project was that knowledge of the entirety of the human genetic complement would permit researchers to identify genetic bases for diseases that had ...

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Judge Sue Robinson Elected to American Law Institute from

Judge Sue Robinson is one of the newest members of the American Law Institute, elected this past April.  Judge Robinson is a US District Judge in the District of Delaware who carries a significant docket ...

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Database Security Patent Involves “Financial Product or Service” Required for CBM Review from

In granting institution of covered business method review of a database security system patent on § 101 grounds, the Board found that the patent was directed to a financial product or service. "Patent Owner states that ...

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Survey evidence of Feldman/Lemley criticized; the story of Copaxone from

An earlier IPBiz post More on the Feldman/Lemley argument about licensing criticized the basic premise of the Feldman/Lemley work:

Generally, licensing of third party work is always going to face the "not invented ...

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The Property Attributes of Copyright from

Featured here is a summary of Pascale Chapdelaine’s paper recently published in the Buffalo Intellectual Property Law Journal and now available here. Whether copyright is property continues to ignite passionate debate, more than 300 ...

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Federal Circuit: 271(a) Does Not Include Joint Tortfeasor Liability from

by Dennis Crouch Akamai v. Limelight (Fed. Cir. 2015) (On remand from the Supreme Court) On remand from the Supreme Court, a divided Federal Circuit has rejected calls to expand the scope of direct infringement ...

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Jury Verdict for Everlight Knocks Out Nichia Patents from

A previous post discussed the declaratory judgment complaint (Everlight-Nichia Complaint) Everlight Electronics filed against Nichia in federal court in Michigan in April 2012. Everlight sought declaratory judgment of non-infringement, invalidity, and unenforceability due to inequitable ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Galderma Laboratories LP et al. v. Glenmark Generics Inc USA 3:15-cv-01416; filed May 6, 2015 ...

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