Patent & IP news for October 15, 2015

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post image “Legal Nastygrams” – What To Do When You Receive a Cease and Desist Letter from

Michelle Briggs

The cease and desist letter - the infamous “legal nastygram,™” is the stuff of nightmares for business owners large and small. They rock confidence, paralyze business owners who aren’t sure what to do ...

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post image US Patent Application Filings for FY 2015 from

By Jason Rantanen The USPTO recently released the data on the number of patent applications filed in Fiscal Year 2015 via its Data Visualization Center (i.e.: the Dashboard) page. It might surprise some folks ...

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post image Who's down with TPP? from

Not every last lady. TPP is strangely becoming a key debate in the US presidential campaign, with Democratic candidate hopeful Hillary Clinton turning her stance on TPP. Considered naughty by nature by some, a suspected ...

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post image How good has TMView become? from

TMView, the free trade mark register search platform maintained by OHIM, has increased its coverage tremendously. Today, it covers all 28 member states of the EU, as well as Russia, Turkey and the US (federal ...

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post image Life Tech v. Promega: Inducing with Yourself from

In Life Technologies Corp. v. Promega Corp., the Supreme Court has asked for the views of the Solicitor General — greatly raising the likelihood that the high court will take the case.  The kicker will be ...

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Spectrum Pharmaceuticals Inc. v. Sandoz Inc. (Fed. Cir. 2015) from

By Kevin E. Noonan -- Last week the Federal Circuit affirmed a District Court's finding of invalidity and non-infringement in ANDA litigation between Spectrum Pharmaceuticals and Sandoz. In so doing, the Court deferred to the ...

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WIPO Assembly Extends Talks On Traditional Knowledge, Design; Sets Policy For New Offices from

Near dawn today, World Intellectual Property Organization members agreed to continue working in committee toward an international agreement or agreements on the protection of traditional knowledge, genetic resources and folklore, rescuing the committee for another ...

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"Poster Child For Impermissible Hindsight Reasoning" Does Not Warrant § 285 Fee Award from

The court denied plaintiff's motion for attorney fees under 35 U.S.C. § 285 because defendants' invalidity and unenforceability arguments were not baseless. "[Plaintiff] argues that the defendants’ Paragraph IV certifications were baseless because ...

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Internet service providers liability and copyright protection in the EU from

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. Which is the legal framework surrounding Internet Service Providers (ISPs) in the ...

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Movement in the MS drug market from

SeekingAlpha talked about the price drop in Biogen shares

Its EVP of sales has resigned suddenly with no successor, and a competitor unveiled strong data on its late-stage pipeline candidate, ocrelizumab.

link: ...

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EPO AC says no to Battistelli & yes to the rule of law from

The Administrative Council of the EPO has rejected the proposal from the President, Benoit Battistelli, (reported here) which would have seen them bypass the Enlarged Board and proceed directly to dismissal of a Board of ...

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When the correct "IP lawyer response" does not play well from

Alfred Valrie made a suggestion to AT&T.; NBC News mentioned what happened next:

Instead of a simple "thank you for your suggestions" reply, Valrie instead got a letter from AT&T;'s Thomas A ...

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"Poster child for hindsight reasoning" from

Judge Lourie's text in Otsuka v. Sandoz, 678 F.3d 1280 :

In summary, the district court's careful analysis exposed the Defendants' obviousness case for what it was—a poster child for impermissible hindsight ...

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WTO TRIPS Council Addresses Non-Violation, Paragraph 6 Drug Exports from

The World Trade Organization intellectual property committee today addressed exports of cheaper medicines, and disputes that could arise even when there is no WTO violation. Tomorrow it will decide the hot-button issue of how long ...

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