Patent & IP news for July 10, 2015

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post image What to do about training from

Training seems to be the policy du jour for what ails the economy. The President and presidential candidates visit training site to talk about its importance. Think tanks write papers and organize conferences. But most ...

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post image Washington Redskins' Trade Marks Tackled - Redskins Deemed Disparaging by District Court from

This Kat is an avid sports fan and will watch pretty much anything that involves the pinnacle of human athletic achievement (and fast moving objects, as Kats do). Even so, American football has alluded my ...

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post image Friday fantasies from

Forthcoming events.  Don't forget to check out the IPKat' Forthcoming Events page, which is always being topped up with new attractions: conferences, seminars, courses, speeches, lectures, forums ... Maybe we'll see you at one ...

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post image 3D printing "choked" by IP... a designer complains from

"3D printing has stagnated" is Francis Bitonti's complaint in an interview to Dezeen. Bitonti is a designer heavily involved with 3D printing. Stagnation is is not very good news, but who is to blame ...

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post image On Finding the Most Promising Springboard - T0698/10 from

The decision T0698/10 of one of the EPO's technical boards of appeal contains interesting notes on the problem of determining the closest prior art as a starting point for the problem-and-solution approach used ...

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post image Were the condoms "made in Germany" and why does it matter? from

One of the more vexing questions in product marking is the circumstances in which a product may describe itself as having been “made in” a given place. This Kat previously tackled the issue in the ...

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No Rehearing En Banc for In re Cuozzo Speed Technologies -- PTAB Update from

By James Lovsin and Andrew Williams -- Earlier this week, the Federal Circuit issued an order denying a petition for rehearing en banc in the In re Cuozzo Speed Technologies, LLC case. As we have previously ...

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Study Documents Public Domain’s Importance To Innovation And Creativity from

An academic research project on the value of the public domain has documented its importance to innovation and creativity. In one empirical study in the project, it was shown that use of the public domain ...

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Brad Shapiro on the Cost of Strategic Entry Delay in Pharmaceuticals from

Pharmaceutical companies sometimes engage in "product hopping," in which they attempt to move patients to a new product with longer patent protection before the generic version of an older drug becomes available. Product hopping was ...

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CAFC Judges Debate Correct Claim Construction Standard For AIA Trials from

On June 8, 2015, the U.S. Court of Appeals for the Federal Circuit again considered one of the earliest final decisions from the USPTO’s Patent Trial and Appeal Board in an inter partes ...

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New ARIPO Plant Protocol: Conflict Between Farmers’ And Breeders’ Rights? from

KAMPALA, UGANDA -- Member states of African Regional Intellectual Property Organization (ARIPO) have adopted a protocol for the protection of new varieties of plants. The measure is aimed at modernising African agricultural practices, but some say ...

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No Post-Trial JMOL on § 101 Validity Challenge Previously Addressed in Summary Judgment from

The court denied defendant's renewed post-trial motion for judgment as a matter of law that plaintiff's data storage patent was invalid for lack of patentable subject matter. "The § 101 issue has already received ...

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Patentlyo Bits and Bytes by Anthony McCain from

Donald Zuhn: Mohsenzadeh v. Lee Ian Shapira: Federal Judge Orders Cancellation of Redskins’ Trademark Registrations William Hughes: Jeff Dunham Sues Puppet Maker For Violating Intellectual Property Lisa Eadicicco: Apple’s Clever Idea To Replace Charging ...

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My Rant on Versata: Non-existent Statutory Analysis Continues from

by David Hricik Over on the main page, Dennis has done a good job laying out the court’s “analysis” in Versata v. SAP of whether section 101 is a defense to invalidity.  The court ...

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Patent prosecution abandon drawing objection revive from

In this post, I'll discuss some applications that went abandoned because the Applicant didn't properly handle drawing objections or requirement that occurred at the last stage of prosecution.

Application 11/776,390 (history ...

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CAFC analyzes "exceptional case" of 35 USC § 285 ; Newegg loses appeal in SFA case from

Mark Lemley argued for the unsuccessful defendant-appellant in the case
SFA v. Newegg. Richard Frenkel was also on the appellant team.

Newegg argues that the district court erred in finding
that this case was not ...

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Predictability from

Obviousness in patent law goes to predictability. Baseball is not predictable.

Of a Yankees/Red Sox series beginning on July 10:

“Should be a good series,” said right-hander Clay Buchholz, who will pitch the series ...

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