Patent & IP news for September 18, 2015

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post image Sign of the Times - Pilot Program at the USPTO Allows Trademark Owners to Amend Descriptions to Accommodate for Technological Disruption from

Michelle Briggs

The times they are a changin’ - this month the USPTO launched a pilot program allowing, under limited circumstances, amendments to descriptions of goods/services that would otherwise improperly broaden the current scope of ...

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post image Intellectual Property Prevails over Banking Secrecy from

The ECJ decision C-580/13 (Coty Germany GmbH/Sparkasse Magdeburg) of July 16 relates to the interesting question to what extend banking secrecy can prevail over intellectual property rights.

As reported here, the Ist Senate ...

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post image Some Economics of Collecting Societies from

Alternately cast as protagonist, sidekick, or villain, Collecting Societies provide solutions to a key economic challenge in licensing content: how to license many works by many creators to many customers.  Miley Cyrus and Kayne West ...

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post image Who is an 'intermediary' for the sake of Article 11 of the Enforcement Directive? from

Mr Justice Arnold speaking yesterday
at the 1st iCLIC conference
in Southampton
Who can be considered an 'intermediary' within Article 11 of the Enforcement Directive, so that “rightholders are in a position to apply for ...

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post image IP: When innovation is the answer to a spirtual funk from

Several weeks ago a Kat friend suggested in passing that the IP profession is in a bit of a spiritual funk. Her comment reminded me of the line from the musical “A Chorus Line” about ...

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post image Friday fantasies from

Spreading the word. US-based attorney and IP enthusiast Timothy Trainer (Global Intellectual Property Strategy Center, Washington DC), having spotted news of the upcoming release of Shireen Smith’s new book, Intellectual Property Revolution, has ...

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Cutting-Edge Energy Tech Presented At Swiss Energy And Climate Summit from

BERN – Everybody knows how annoying it is to run out of battery power for mobile devices. In the same way, storing energy is a continuing issue for renewable energy due to its non-continuous nature. A ...

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Intervening Rights 2015 from

R+L Carriers v. Qualcomm (Fed. Cir. 2015) Here’s the rough timeline: R+L sued Qualcomm for infringement; R+L then petitioned for ex parte reexamination of its asserted patent, and that filing resulted ...

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E.D. TX patent suits up 165% in first half; NY and So Cal also gain from

After a dip in filings for 2014, Texas is back as the undisputed leader in hearing patent suits filed by plaintiffs for the first half of 2015; New York and California were up, too. Patent ...

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Health Advocates Press United States On WTO LDC IP Waiver from

Several leading public health groups have sent a letter to United States Trade Representative and US Patent and Trademark Office director asking for more transparency on the US position on a request by least-developed countries ...

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Plaintiff’s Lost Profits Contentions Undermine Claim for Pre-Suit Damages from

The court granted defendants' motion for summary judgment that plaintiff was not entitled to pre-suit damages because it did not comply with 35 U.S.C. § 287(a). "[Plaintiff] argues that it has not sold ...

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Court Maintains Laches Defense for Back Damages in Patent Cases from

by Dennis Crouch SCA Hygiene Products v. First Baby Products (Fed. Cir. 2015) (en banc) On en banc rehearing, the Federal Circuit has ruled that the Supreme Court’s Petrella decision (eliminating the doctrine of ...

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The Availability Heuristic and IP from

I'm reading (or more accurately, listening to) Thinking, Fast and Slow, by Daniel Kahneman. The book is an outstanding survey of the psychological literature on how we form judgments and take shortcuts in our ...

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CAFC on laches from

We convene en banc to resolve whether, in light of the
Supreme Court’s recent decision in Petrella v. MetroGoldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), laches
remains a defense to legal relief in a ...

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R & L Carriers v. Qualcomm from

R+L Carriers, Inc. (“R+L”) brought suit against, inter
alia, Qualcomm, Inc. (“Qualcomm”), asserting infringement
of the claims of U.S. Patent No. 6,401,078 (“the ’078
patent”). While the case was pending ...

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Carla Hills weighs in against patent reform from

From TheHill -->

We must not erode this incentive to develop novel ideas or restrict the opportunity for inventors to license their know-how. Unfortunately, there is legitimate concern that patent legislation currently pending before the U ...

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EPO: 1000s Of Patents Behind The Beer At Munich’s Oktoberfest from

The Munich Oktoberfest, the world-famous beer festival, is a display for a range of inventions, according to the Munich-based European Patent Office. A search in the patent database of the office revealed there are more ...

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Judge denies motion to preclude Oracle from arguing Google's Java copyright infringement was willful from

Judge William H. Alsup of the United States District Court for the Northern District of California has just denied a Google motion to preclude Oracle from arguing at next year's retrial that the search ...

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Judge enters partial final judgment for Apple against Samsung -- Samsung said it would appeal from

For the factual background of this Apple v. Samsung matter, I would like to refer you to my previous post on this one and just sum it up like this: two key Apple patents underlying ...

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