Patent & IP news for July 30, 2015

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post image 2Q 2015 GDP - advanced data from

GDP data released this morning from BEA shows the US economy growing at an annual rate of 2.3%. Economist had predicted an annual GDP growth rate of 2.5%. This rate for the second ...

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post image The Cold Reality of Our Favorite Frozen Treat Lawsuits from

Julie Langdon

Did you know that July is National Ice Cream month?   To celebrate I decided that a perfect blog post is a discussion about ice cream and intellectual property litigation.  So, this post is ...

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post image Patent drafting tip: Explain criticality of claimed ranges from

Bottom line: When filing a patent application directed to pharmaceuticals, compositions, processes or the like that include ranges (i.e., percentages, quantities or temperature ranges) in the claims, an important patent drafting tip is to ...

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post image Je t'aime ... Moi non plus: Can Jane Birkin actually require Hermès to rename the Birkin bag? from

Happy times: Jane Birkin with a Birkin bagLike all icons, also the iconic Birkin bag has a history that is a mix of chance and inspiration. 
As explained by the relevant Wikipedia entry, it ...

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post image Given, taken away -- then Given back: when is a method of presenting information patentable subject matter? from

The design of graphical user interfaces has seen huge innovations with the advent of the touch screen. The next wave of innovation in user interface design is imminent with the virtual reality and augmented reality ...

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post image Best thing since sliced bread -- or even better? Report praises IPEC litigation option from

This Kat's excitement about the possibilities for IP litigation at the bargain basement end of the market was stirred up when, in England and Wales, the Patents County Court ("PCC"), was first reformed, reconfigured ...

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Smith & Nephew seek to go to the Supreme Court and EPO proceedings continue - the war is not over from

This Kat does not routinely comment on procedural judgments, but the IPKat has reported so extensively on the ongoing dispute between Smith & Nephew and Convatec, and this case is so fascinating, that on this occasion ...

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WIPO Model Law Needs Revision, Developing Countries Say; Developed Countries Reluctant from

The World Intellectual Property Organization provides legislative assistance to developing countries and least-developed countries upon request by individual member states. This week at the WIPO patent law committee, the Latin American and Caribbean Group tabled ...

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New data series on goods trade balance from

Starting today, the Census Bureau is publishing a new advanced trade data series. This advanced data covers trade in goods only. (See Census Bureau notice.) Since this excludes services and intangibles trade, I will not ...

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Emergency Call Analysis Patent Invalid Under 35 USC § 101 from

The court granted defendant's motion to dismiss plaintiff's infringement claims because plaintiff's emergency call system patent was invalid for lack of patentable subject matter and found that the claims were directed toward ...

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Differences Over GIs Threaten 2016/2017 WIPO Budget Approval from

The UN World Intellectual Property Organization is a member-driven agency set up to protect IP rights worldwide. In recent years, an area of dissension and debate has been how to make the organisation – and IPRs ...

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Patent Office Issues Updated “Interim Guidance” on Patent Subject Matter Eligibility from

By Jason Rantanen This morning, the USPTO issued a substantial update to its December 2014 “Interim Guidance” on patent subject matter eligibility.  The update addresses comments on the 2014 Guidance and includes several new examples ...

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Kiesling & Silberg on Incentives for Rooftop Solar from

I've written about innovation policy experimentation and about incentives beyond IP, so I was interested in a new working paper posted by Lynne Kiesling and Mark Silberg, Regulation, Innovation, and Experimentation: The Case of ...

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Seeking the AntiCommons from

Interesting historical look at patent-pools and ‘transaction entrepreneurs’ by USC law professor Jonathan Barnet leads him to the conclusion that the “anti-commons” concerns in the patent context don’t hold weight in practice. IP scholars ...

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Read This: USPTO’s New Examination Guidelines Subject Matter Eligibility Provide “Pathways to Eligibility” from

By Dennis Crouch The Supreme Court’s decisions in Alice Corp v. CLS Bank and Mayo v. Prometheus serve as dramatic turning points in the conventional wisdom of subject matter eligibility.  Inventions that were previously ...

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CAFC analyzes stay requests in view of CBM review by PTAB from

The background of this CAFC case relates to stays requested by
Apple, and by Samsung:

Smartflash LLC and Smartflash Technologies Ltd.
(collectively, “Smartflash”), patent licensing companies,
filed separate suits against Apple and Samsung on May ...

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CAFC re-visits design patents in High Point Design vs. BDI from

The outcome:

BDI challenges each of these determinations on appeal.
For the reasons set forth below, we reverse summary
judgment of invalidity, affirm summary judgment of
non-infringement, affirm the denial of BDI’s motion for ...

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Ice cream and intellectual property from

Dunlap Codding has a recent post titled The Cold Reality of Our Favorite Frozen Treat Lawsuits mentioning certain trademark disputes in the ice cream biz.

For example, “Mister Softee” and “Master Softee” argued over Master ...

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