Patent & IP news for August 18, 2015

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post image Micro Entities Rising Popularity from

The patent statute now provides for three categories of patent applicants: Large entities, Small Entities, and Micro Entities. As their names suggest, the groupings are largely defined by entity size with the exception that University-owned ...

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post image CBM patents broadly construed as any financial activity from

Bottom line: A covered business method (CBM) proceeding is a post patent grant proceeding at the United States Patent and Trademark Office.  Anyone to challenge the validity of certain patents based on any invalidity ground ...

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post image Not crazy enough: Red Bull succeeds over Crazy Bull in Greece from

Greek trade mark lawyers (present company included) often complain about the quality of the Greek TM Office's decisions in adversarial proceedings. The case reported below is a rare example where the Greek Office's ...

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post image Tuesday tiddlywinks from

But would he satisfy
today's standards ...?
Forthcoming happenings.  The IPKat's Forthcoming Events page is often mentioned in despatches; it lists all sorts of conferences, forums, seminars, lectures and the like.  It doesn't ...

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Ecuador, BRICS Moving Away From International Investment Dispute Regime, Paper Says from

As part of a series of publications on investment treaties and investor-state dispute settlement, a developing country multilateral organisation released a policy brief focusing on Ecuador's experience and action against the current dispute settlement ...

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Pejorative Terms Excluded, But Accurate Description Of Parties’ Businesses Allowed from

The court granted in part defendants' motion in limine to preclude plaintiffs from referring to them with derogatory terms. "Among the terms movants object to are 'patent troll', 'pirate', 'patent assertion entity', 'shell corporation', 'privateer ...

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Possible Perjury and Falsification of Billing Records After Dismissal Does Not Justify Award of Attorney Fees from

The court overruled defendant's objection to the magistrate judge's recommendation denying its motion for attorneys' fees under 35 U.S.C. § 285 and rejected defendant's argument regarding litigation misconduct by plaintiff's ...

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Five Reasons Why TPP Countries Should Unite To Oppose The US Pharmaceutical IP Agenda from

Failure to reach agreement over expanded intellectual property (IP) protections for medicines has proven to be a stumbling block to completion of the 12-country Trans Pacific Partnership negotiations. As expected, the US is continuing to ...

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Some of the buzz on the re-exam of Apple's design patent 618,677 is wrong from

There's some buzz about a non-final Office Action in an ex parte re-exam on Apple's D'677.
For example USPTO Invalidates One of Apple's iPhone Design Patents in Apple vs. Samsung Lawsuit ...

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Google loses appeal at CAFC in PERSONALIZED USER MODEL v. Google: lessons about former employees as competitors from

From the decision:

Google Inc. (“Google”) appeals from the decision of the
United States District Court for the District of Delaware
granting judgment as a matter of law in favor of Personalized
User Model, LLP ...

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Employment Agreement Breach: Failure to Assign Can’t be Fixed Because of Statute of Limitations from

Personalized User Model and Konig v. Google (Fed. Cir. 2015) This case involves a fascinating set of back-door dealings. While Konig was employed at the non-profit research institute SRI, he started a side project with ...

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CETA: An Opportunity to Fix Canada’s Broken Pharmaceutical Patent Linkage System from

This is an excerpt from a paper by Adam Falconi, the recipient of the 2015 Barry D. Tomo Memorial Prize for best research paper on a subject related to industrial or intellectual property law.  The ...

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IPJ: Call for Submissions from

The editorial staff of the Intellectual Property Journal welcome submissions to be considered for inclusion in one of the three editions of the journal to be published in 2015. Founded in 1984, the Intellectual Property ...

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Do War Criminals Have Copyrights? The Role of Morality in Controversial Works from

At first, a request for royalties by the estate of Nazi propagandist Goebbels was considered a joke by counsel for Random House. But the publisher now finds itself in the middle of a legal controversy ...

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Patentlyo Bits and Bytes by Anthony McCain from

Steve Brachmann: Lexus Develops a Functional Levitating Hoverboard Dennis Green: Why Converse Sneakers Have Fuzzy Bottoms Donald Zuhn: Ferrum Ferro Files Motion To Strike Allergan’s Complaint Alleging Misuse Of IPR Process Darren Smyth: Partial ...

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Forbes on why startups need patents from

Forbes gives a list of reasons of "why" start-ups need patents:

1. Patents facilitate venture capital investment.
2. Patents can help a startup defend itself against attacks by incumbent rivals.
3. Patents can help a ...

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How to Discipline Cyber-Snooping Employees from

The re-posting of this article is part of a cross-posting agreement with CyberLex. In a digitized world, it can be all too easy for unauthorized employees to access confidential information in the workplace, as recent ...

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Canadian Banking Industry Releases Payments Security White Paper from

The re-posting of this article is part of a cross-posting agreement with CyberLex. The Canadian banking industry recently released the Payments Security White Paper, prepared by the six largest Canadian banks (BMO, CIBC, National Bank ...

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Sequenom Requests Rehearing En Banc from

By Donald Zuhn -- Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of ...

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