Patent & IP news for September 28, 2015

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post image Never too late: if you missed the IPKat last week from

Not just Eiffel 65,
but also Never Too Late 65
If last week Jeremy took the opportunity to link our dear friend Alberto Bellan's invariably helpful Never Too Late feature to Beatles song When ...

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post image Willfulness avoided provided that reasonable defense is raised from

Bottom line: Proving willful infringement is becoming increasingly difficult. Even if the accused infringer is ultimately found liable, and even if it ignores a patent and/or volitionally infringes the patent, the infringer can be ...

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Guest Post -- On Ariosa and Natural Products from

By Leslie Fischer* -- Recently, I had the privilege of speaking at the annual meeting of the American Society of Pharmacognosy in Colorado. Members of this scientific association are dedicated to identifying and isolating natural products ...

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Monday Miscellany from

In time honoured fashion, this Kat presents you, dear readers, with a few nuggets of recent news.

Nagoya Protocol News
Back in March, this Kat wrote about the draft EU Implementing Regulation (as well as ...

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USPTO Introduces Expedited Appeal Pilot for Small Entities from

After a summer hiatus, IP Spotlight is back.  This week we will review some of the more significant business-related developments in intellectual property law over the last few months. First up:  On September 15, 2015 ...

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Industry Holds Closed-Door Conference With Governments On Access And Benefit-Sharing from

A conference involving European governments and industry on how to comply with the new European Union rules on access and benefit sharing, organised by the International Chamber of Commerce and sponsored by the agriculture industry ...

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WTO Public Forum: Trade Works – Taking Stock After 20 Years from

This week, the World Trade Organization is holding its yearly public forum with a focus on the contribution of the organisation to global trade since its inception 20 years ago. Some 90 sessions are planned ...

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India: Poor Man’s Intellectual Property Is Hijacked from

It is a healthy trend that the awareness on GI is on the rise in India. However, the misuse of GI legislation also is rampant. Recent past has witnessed many instances of inappropriate GI Registrations ...

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Expert’s Use of Market Share as a Proxy or Bargaining Strength Does Not Render Testimony Unreliable from

The court denied defendants' motion to exclude the testimony of plaintiff's damages expert regarding a reasonable royalty as unreliable because she used market shares as a proxy for the parties’ relative bargaining strength. "Defendants ...

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Magistrate Judge Finds Drug Method of Treatment Claim Patent Ineligible in Endo Pharmaceuticals v. Actavis from

In 2009, I filed an amici brief on behalf of myself and several other law professors inPrometheus v.  Mayo, which was the first time the Federal Circuit heard the case.  In the decision below ...

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Maximizing Bankruptcy Protection in Software and SaaS Agreements from

In today’s digital age, cloud computing has lowered the barrier of entry into many marketplaces by providing network access to a shared pool of configurable computing resources. Cloud services allow business to forego upfront ...

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Fractures, Fault Lines, and the MPEP from

By Jason Rantanen As part of my standard preparation for teaching a given doctrine in my patent law class, I like to review the relevant section of the Manual of Patent Examination and Procedure (MPEP ...

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How Authors Can Get Their Rights Back from

The commercial lives of the overwhelming majority of books are remarkably short, particularly when you compare the commercial lives of books to the very long duration of copyright terms. When books are no longer making ...

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Joule's US Patent 8,986,964 from

Further to the March 2015 post on IPBiz [Bold predictions for biofuel production by Joule Unlimited published in BiofuelsDigest on 23 March 2015 ], note that Joule's US Patent 8,986,964 cites as a ...

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CAFC addresses patent issues related to Vermont's Consumer Protection Act from

The background:

On May 8, 2013, Plaintiff-Appellee State of Vermont
(“Vermont” or “the State”) filed a state court action
against Defendant-Appellant MPHJ Technology Investments
LLC (“MPHJ”) alleging violations of the Vermont
Consumer Protection Act, 9 ...

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Copying issue with the movie "The Martian"? from

See the post at CinemaBlend including the text:

Gorgadze said that Raskhodnikov wrote the script back in 2008 and shopped it around to a number of studios. The lawyer also said that Raskhodnikov is positive ...

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Obama To UN: Real Measure Of A Nation’s Strength Is Its People’s Knowledge, Innovation from

US President Obama told world leaders at the United Nations today that a nation that tries to repress its people is doomed to failure, and that the new measure of the strength of nations is ...

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Federal Circuit Sends Bad-Faith-Patent-Assertion Case back to State Court from

Vermont v. MPHJ Tech (Fed. Cir. 2015) In an interesting opinion, the Federal Circuit has rejected MPHJ’s plea to get into Federal Court. The State of Vermont sued the patent holder for violations of ...

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