Patent & IP news for July 1, 2015

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post image Claim Construction First - X ZR 43/13 "Rotorelemente" from

The decision X ZR 43/13 "Rotorelemente" relates to a complicated machine for punching out metal pieces. According to claim 1, the machine includes a die assembly including a first die member and a second ...

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post image Inside An Eco-mark Application: Saving GREEN PATENT LAW from the Depths of Descriptiveness from

In a series of posts published several years ago (see, e.g., here and here), I documented all the gory details of my attempt to register the GREEN PATENT BLOG service mark. Despite two rejections ...

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King Drug Co. of Florence, Inc. v. SmithKline Beecham Corp. (3rd Cir. 2015) from

By Kevin E. Noonan -- Ever since the Supreme Court's decision in FTC v. Actavis in 2013, courts (predominantly district courts) have grappled with the scope of the decision. It was evident that the presence ...

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17 Members of the European Parliament raise questions about human rights situation at the EPO from

As I reported last week, the human rights conflict at the European Patent Office continues and certain national governments acknowledge that there is an issue (or, more precisely, a host of issues). Political pressure on ...

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Fiona Scott Morton & Carl Shapiro on the Alignment of Patent Rewards and Contributions from

Fiona Scott Morton (Yale School of Management) and Carl Shapiro (Berkeley School of Business) have posted Patent Assertions: Are We Any Closer to Aligning Reward to Contribution?, which has a nice summary of some recent ...

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Kickstarter Invalidates Crowd-Funding Patent Under 35 U.S.C.§ 101 from

The court granted a declaratory relief plaintiff's motion for summary judgment that defendant's crowd-funding patent was invalid for lack of patentable subject matter and found that the claims were directed to abstract ideas ...

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Success Rates of Section 101 Summary Judgment Motions in 2015 from

In the first six months of 2015, district courts ruled on 22 motions for summary judgment of invalidity based on 35 U.S.C. § 101. That is only one fewer decision than all of 2014 ...

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No go for GO: Skechers scupper trade mark applications from

In the next few weeks, this Kat will be posting on a number of cases that are still of interest though they are no longer "hot news", these being decisions on which was unable to ...

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Guest Post: In Rush to Invalidate Patents at Pleadings Stage, Are Courts Coloring Outside the Lines? from

Guest post by David Bohrer, Patent Trial Practice, Valorem Law Group. OIP Technologies v. and IPC v. Active Network are the most recent of a growing number of decisions dismissing software and business ...

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IPO Releases List of Top 300 Patent Holders for 2014 from

Life Sciences Top 55 By Donald Zuhn -- Last week, the Intellectual Property Owners Association (IPO) announced the release of its 32nd annual list of the top 300 organizations receiving U.S. patents (see "Top 300 ...

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