Patent & IP news for July 27, 2015

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post image Kimble v Marvel Entertainment: when post-expiry patent royalties meet stare decisis from

This Kat for a number of years taught a course on legal aspects of IP transactions. Consistently, the most challenging case to convey to students was the U.S. Supreme Court decision of Brulotte v ...

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post image Never too late: if you missed the IPKat last week ... from

Here once again, Katfriend Alberto Bellan has delicately selected and summarised last week's substantive Katposts for the benefit of anyone who missed the action last week through holidays or pressure of work and/or ...

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post image Is French law on out-of-print works compatible with EU law? A new CJEU reference from

Books may also become permanently
unavailable when Kats appropriate them as beds
Can collecting societies authorise the reproduction and communication to the public of out-of-print works without an express prior mandate from relevant rightholders?
This ...

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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. Hetero Labs Ltd, Unit V et al. v. Pharmacia & Upjohn Co. LLC 1:15-cv-05396; filed June ...

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Conference & CLE Calendar from

July 29, 2015 - "Teva: The Real Impact on Claim Construction Tactics in the PTAB, Federal Courts, and ITC" (American Intellectual Property Law Association) - 12:30 - 2:00 pm (Eastern) July 29, 2015 - "Protecting Your Trade ...

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Swiss Supreme Court: document delivery service for scientific articles from

This decision of the Swiss Federal Supreme Court is not the most recent, but may be interesting in connection with the discussion on private copying exception in the UK.   
Switzerland knows a fairly substantial private ...

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Decision Time On Biologics Exclusivity: Eight Years Is No Compromise from

As the Trans-Pacific Partnership (TPP) negotiations approach their endgame, biologics exclusivity is still considered “one of the most difficult outstanding issues in the negotiation.”[2] Pharmaceutical companies seek longer data and marketing exclusivities to further ...

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As TPP Ministers Meet, NGOs Make Urgent Push For Public Interest from

Trade ministers negotiating the Trans-Pacific Partnership (TPP) agreement meet this week in Maui, Hawaii to try to finish the deal. Along with them are numerous public interest groups strenuously lobbying to steer the deal away ...

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New Agenda For WIPO Committee On Patent Law Adopted from

The World Intellectual Property Organization committee on the law of patents got a slow start this morning as delegates did not agree on the draft agenda submitted by the secretariat for this session. After informal ...

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PTAB’s Decision to Institute Inter Partes Review of Asserted Patent Excluded from

The court granted plaintiff's motion in limine to preclude evidence of the PTAB's decision to institute inter partes review of the patent-in-suit. "[Defendant] opposes the motion, maintaining that the inter partes proceedings are ...

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Rachel Sachs & Becky Eisenberg on Incentives for Diagnostic Tests from

I highly recommend two recently posted articles on declining innovation incentives for diagnostic tests, particularly due to changes in patentable subject matter doctrine. In Innovation Law and Policy: Preserving the Future of Personalized Medicine, Rachel ...

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Nairobi WTO Ministerial Conference Preparation On Track, Says Ambassador from

“Membership is comfortable with the level of preparedness and what we have done as a country” to host the December trade ministerial, the Kenyan trade minister told press at the World Trade Organization today.

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Fortune on Google's patent giveaway to start-ups from

Fortune's piece on Google's patent "giveaway", titled Google's new patent plan: how it will and won't help startups does not project big impact for the patent recipients. For example:

It’s ...

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Pre-emption of state trade secret law by federal copyright law from

From the JDSupra post Fifth Circuit Revisits Copyright Preemption of Trade Secret Law :

On appeal, the Fifth Circuit analyzed preemption in two steps. First, the court determined “whether [the claim] falls within the subject matter ...

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Public Confidential Information: California Weighs In, Asks for Comments from

By David Hricik   I’d normally only put this on the ethics page, but Dennis is on vacation and this issue pops up a lot in patent practice. Suppose you get a call from a ...

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Proposed Eco-mark Succumbs to Genericness as SUSTAINABLE WATER Proves Unsustainable from

I’ve regularly reported on the struggles faced by clean tech manufacturers and service providers seeking to protect and enforce descriptive eco-marks (including my own marks). One can’t register or otherwise protect a mark ...

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