Patent & IP news for August 20, 2015

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post image C-681/13: How to pay damages for an entirely lawful customs seizure from

The beginning of the story that forms the basis for the preliminary ruling of the CJEU in Diageo Brands BV v. Simiramida-04 EOOD (C-681/13) is wonderful news for the trade mark owner: at the ...

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PTAB Finally Proposes Rule Amendments: The More Things Change . . . from

By Andrew Williams -- More than a year ago, then-Deputy Director Michelle K. Lee posted on the Director's Forum Blog that the USPTO was seeking feedback on PTAB trial proceedings established by the Leahy-Smith America ...

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Rarity: Federal Circuit Reverses Jury Verdict of Non-Obviousness from

ABT Systems and University of Central Florida v. Emerson Electric (Fed. Cir. 2015) The patent at issue here is owned by UCF and covers a circulating fan system. U.S. Patent No. 5,547,017 ...

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The Intersection Of Trade Secret Law And Social Media Privacy Legislation from

By Eric F. Barton, Esq., Seyfarth Shaw LLP There is no question that social media privacy issues now permeate the workplace. In an attempt to provide further guidance and regulation in this area, since April ...

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Prolonging Reexamination and Litigation Warrants Award of Attorney Fees Under 35 USC § 285 from

The court granted defendants' motion for attorneys' fees under 35 U.S.C. § 285 after plaintiff's case was dismissed following the PTO's invalidation of all asserted claims. "Plaintiff, an apparent shell corporation, seems ...

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Gilbert Hyatt loses at CAFC; ED Va affirmed from

From Hyatt v. Lee, a CAFC decision by Judge Moore:

Gilbert P. Hyatt appeals from the district court’s decision
that it lacked subject matter jurisdiction over his
Administrative Procedure Act (“APA”) claims against the ...

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Is self-plagiarism all right? from

In the TimesHigherEd post News blog: How big a sin is Zygmunt Bauman's alleged self-plagiarism?, one has text

Scientists have the same problem when writing successive papers that all rely on similar methods. The ...

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It’s News to Anthony McCain from

Some of you may have noted that Anthony McCain is now writing Bits and Bytes posts for Patently-O.  Anthony is a 2L at Mizzou where he also earned a degree in Mechanical Engineering.  So far ...

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Federal Circuit Gives PTO “OK” to Treat Hyatt as a Special Case from

Gilbert Hyatt v. Michelle Lee (Fed. Cir. 2015) Hyatt is a highly successful patentee with more than 75 issued patents and hundreds of millions of dollars in licensing revenue. He also has over 400 patent ...

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Kimble v. Marvel Entertainment, LLC (2015) from

By Kevin E. Noonan -- In the 1977 Yale Law School Holiday Pageant there was a skit about the Supreme Court, with a song sung to the tune of Cole Porter's "Another Opening, Another Show ...

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