Patent & IP news for June 11, 2015

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post image A taste of things to come? Dutch court rejects sensory copyright claim from

You really wouldn't
want to be eating this
In "Scents and sensibilities: how far can copyright stretch?" the IPKat reported briefly on a joint seminar which he shared with the British Literary and Artistic ...

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post image What the ...! Wathelet gives Nestlé application a bit of stick from

Maybe there's a claim here
for false endorsement ...
Today Advocate General Wathelet delivered his very own Opinion in the keenly-awaited Court of Justice of the European Union (CJEU) dispute in Case C‑215/14 ...

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post image Patent drafting tip: Include the how-to and desired result from

Bottom line: As a patent drafting tip, the patent specification must include the “how-to” of a desired result or benefit in order to satisfy the enablement and written description requirements. In Vasudevan Software v. Microstrategy ...

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A Sea Change for IPRs? -- Part II from

By Grantland Drutchas -- Yesterday, we reported on the inter partes review (IPR)-specific provisions of the Managers Amendment to the PATENT ACT bil, which was passed last week by the Senate Judiciary Committee (see also ...

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WTO Director Calls 2015 A ‘Decisive’ Year, Says WIPO GI Act A Boost To WTO IP Talks from

World Trade Organization Director General Roberto Azevêdo said at a press event yesterday that 2015 is a decisive year for the organisation. One of the main features is the potential conclusion of the Doha Development ...

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EU Sees Flurry Of Intellectual Property Policy Activities from

With European Commission proposals for copyright reform expected later this year, EU lawmakers, rights-holders and digital rights activists are pushing for major policy shifts. European Parliament resolutions approved on 9 June call for stronger intellectual ...

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LDC Pharma Extension Request Yields Support But Needs Further Discussion from

World Trade Organization members this week could not decide on a request from least-developed countries to extend a waiver allowing them to forego the enforcement of intellectual property rights on pharmaceutical products until their economies ...

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Report: EPO Tapped Employees’ Computers from

A story in the Süddeutsche Zeitung says, according to an unofficial translation, that it has obtained an internal report that shows the European Patent Office (EPO) tapped two general use computers it had identified as ...

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Rapid Creation of New Business Entities Justifies General Exclusion Order from

The ALJ recommended that a general exclusion order be issued following a violation of section 337 by defaulting/non-participating respondents' toner cartridges. "Not only would a GEO prevent circumvention of an exclusion order limited to ...

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Another example of the fusion of manufacturing and services - and policy recommendations from

As I have noted many times in this blog, one of the hallmarks of the emerging Intangible Economy is the fusion of manufacturing and services. Intangibles (mislabeled as "services") are key inputs to the manufacturing ...

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Waiting For Brulotte’s Fate from

As licensing professionals await the decision of the Supreme Court in the case of Kimble v. Marvel Enterprises, Inc., which is widely believed to determine the future viability of the fifty year old decision of ...

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Joule Unlimited's US application 20150159178: Ethanol Production in Microorganisms from

The first claim of US 20150159178:

A method for production of ethanol, comprising: culturing an engineered photosynthetic microbe in a culture medium in the presence of light and inorganic carbon, wherein said engineered photosynthetic microbe ...

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OIP Technologies "Alice'd" at CAFC in Amazon case from

The bottom line:

OIP Technologies alleges that infringes a
patent hat relates to a method of price optimization in an
e-commerce environment.
The district court granted
judgment on the pleadings, concluding that the ...

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Celegene Fights Back Against Hayman Capital's Alleged Abuse of IPR Process from

The Wall Street Journal recently reported that Hayman Capital, a hedge fund, has adopted a strategy of seeking to invalidate patents through inter partes review (IPR), while betting on a drop in the target’s ...

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Guest Post: Technical Detail in Senate PATENT Act Could Have Major Impact in Eastern District of Texas Patent Litigation from

Guest Post by Christian E. Mammen.  Dr. Mammen is a litigation partner in the San Francisco office of Hogan Lovells. The recently-introduced PATENT Act (S. 1137) tracks, in substantial part, many of the reforms proposed ...

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