Patent & IP news for August 19, 2015

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post image Biker, biker, biker gang! from

In an exquisitely American moment, your Katonomist was sipping an ice-cold Diet Root Beer (collective wincing by non-American readers) when a thoroughly American movement caught her eye: the now delayed US government’s movesto ...

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Trade Secrets: The ‘Reasonable Steps’ Requirement from

Trade secret theft is a top risk for companies today. When the worst does happen and trade secrets are compromised, companies must prove that reasonable steps have been taken to protect a company’s crown ...

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India’s Lead Role In South-South Cooperation For Environmental Diplomacy from

India can play a leadership role to inspire developing countries in environmental policy-making, according to a new paper. Using its experience, India should further enhance South-South cooperation through an action plan including the establishment of ...

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Pre-Markman Invalidity Challenge Under 35 USC § 101 Premature from

The magistrate judge recommended denying defendants' motion to dismiss plaintiff's claims for infringement of its financial product patents for lack of patentable subject matter as premature because claim construction had not occurred. "[I]t ...

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For Ministerial, Developing Countries Seek Moratorium On TRIPS Non-Violation Complaints from

The ability for a member of the World Trade Organization to challenge another member for deprivation of benefits even though this member has not violated any given WTO agreement does not presently apply to intellectual ...

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Gone the way of the horse? from

As I've noted recently, one of the biggest questions concerning automation/robots/artificial intelligence is whether it augments human labor or is a substitute. And one of the more interesting bits of analogy is ...

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Guest Post on Conflicting Claims: The Raw Statistics of PTAB Trials from

Guest Post by Richard Bone. Mr. Bone is a partner at the VLP Law Group. The popular view of the PTO’s new AIA reviews, or “patent trials”, is that they have been disproportionately unfavorable ...

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ABT/University of Central Florida lose patent case at the CAFC from

The case involves a patent assigned to the University of Central Florida and licensed
to ABT.

This is a patent case. The University of Central Florida
(“University”) is the assignee of U.S. Patent No ...

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Jack Wolfskin prevails on likelihood of confusion issue in paw print case from

In Wolfskin v. New Millennium:

Appellant Jack Wolfskin Ausrustung Fur Draussen
GmbH & Co. KGAA (Jack Wolfskin) applied to the Patent
and Trademark Office to register a design mark consisting
of an angled paw print for ...

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New Rules on PTAB Trials from

Earlier this year, the USPTO released a set of ‘quick fixes‘ to AIA trial procedures before the Patent Trial and Appeal Board (PTAB) and also promised second package of rule changes. That second package has ...

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US Postpones Domain Name System Handover At Least A Year, Maybe Four from

The United States Department of Commerce office planning to relinquish national control over a remaining key component of the internet domain name system has said it will take at least until September 2016, putting off ...

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Kyle Bass’s Response to Motions about Abuse of IPR in IPR2015-01092 from

The response in Coalition for Affordable Drugs v. Celgene (IPR2015-01092) is here. Here’s the introduction: Celgene’s motion is littered with references to the Petitioner’s and Real Parties-in-Interest’s (collectively, “CFAD”) “admitted profit ...

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Australian Pirates Club: Australian Court Deals Major Blow to Dallas Buyers Club Piracy Claim from

Zack Lee

Dallas Buyers Club LLC and Voltage Pictures, the makers of the film Dallas Buyers Club, were stymied – in part – by the Federal Court of Australia in their attempts to obtain compensatory damages from ...

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Jan Crawford comments on Hillary Clinton matter from

Of the Hillary Clinton use of private devices to communicate government information, Jan Crawford noted

But it is not just Clinton's private server that may have contained classified information. The State Department filed court ...

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Has the internet promoted plagiarism? The answer may depend on "what kind of" texts are being investigated. from

TimesHigherEducation discusses findings by David Ison, assistant professor of aeronautics at Embry-Riddle Aeronautical University in Florida:

When a randomly selected 184 doctoral dissertations written before 1994 were compared with 184 written after 2010, about half ...

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More copying allegations in Matthew Whitaker affair in Arizona from

"Re-purposing" of previously written material, without citation, has stirred controversy, for example in the Slavoj Zizek and Wendler/SIU affairs. See New York Times on self-plagiarism . Now it has arisen in the Matthew Whitaker matter ...

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Samsung tells Federal Circuit it will appeal Apple's design patent win to the Supreme Court from

This week my most popular blog post in a long time brought to light the fact that the United States Patent and Trademark Office now believes one of Apple's iPhone design patent underlying the ...

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