Patent & IP news for October 28, 2015

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post image Wednesday whimsies from

The Del Boy referral: Tommy Hilfiger Licensing

The Czech Supreme Court has referred two questions to the CJEU for preliminary ruling. Both are concerned with the remedies rights holders might have against intermediaries who lease ...

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post image You Say Tomaydo, I say Tomahhdo: Recipe Book Not Original, says US Court of Appeals from

Us Kats have an incredibly sophisticated food palette, and not just any slop will satiate our food-based requirements. As such, this Kat enjoys his food-based litigation, especially in the remit of intellectual property. Recipes are ...

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post image Living together: the symbiosis of lookalike packaging from

Recent discussions on "lookalike" or "parasitic" packaging, covered in this post by guest Kat Darren Meale, have compelled this Kat to put in her two cents.  Lookalikes are symbiotic, not parasitic.  Mainstream brands and ...

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Dynamic Drinkware, LLC v. National Graphics, Inc. (Fed. Cir. 2015) from

By Andrew Williams -- It is well accepted that in order to establish that a patent is entitled to claim priority to a previously filed provisional application, it must be shown that the claims of the ...

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Expert’s 50/50 Profit Split for Determining Royalty Rate Does Not Warrant Directed Verdict on Damages from

The court denied defendant's motion for a directed verdict on damages for plaintiff's reliance on a theory similar to the 25% rule of thumb. "[Defendant] sought a directed verdict on damages, arguing [plaintiff ...

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Kenya Considers Lifting Ban On GMOs; Seed Patents In Debate from

NAIROBI, Kenya – A Kenyan government plan to lift the ban on genetically modified organisms (GMOs) is stirring a heated debate here, with experts warning on safety and the East African nation’s preparedness for the ...

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WIPO, WTO, WHO Heads Underline Need For Better Access To Medicines from

Trade, health, and intellectual property came together today as the heads of three specialised international organisations held an annual symposium to stimulate discussions on how the three can best help public health, and notably access ...

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HIV Medicine Aluvia Stock-Out Dogs South Africa, Raising Patent Concerns from

CAPE TOWN, South Africa - While Médecins Sans Frontières have blamed stock-outs of ‘Aluvia’ on the refusal to licence a patent for a generic of the HIV medicine in South Africa by AbbVie pharmaceutical company leading ...

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Lowell Woods obtains 1,085th patent; breaks Edison record. from

A communication received by LBE notes

Lowell Wood just broke Thomas Edison's patent record!

We are proud to share that long time Hertz Director and Senior Interviewer Lowell Wood just surpassed Thomas Edison's ...

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Guest Post: Restoring “Casual Nexus” from

Guest post by Bernard Chao On September 17, 2015, the Federal Circuit issued another decision in the Apple v. Samsung smartphone war (summarized previously here). In the fourth court decision dealing with injunctions, Apple IV ...

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Mytheos Holt trashes Joe Nocera in the American Spectator over patent reform from

**One sees from the title of the Holt post Dear Conservative Patent Reform Skeptics: Stop Backing the New York Times that one is dealing with a "guilt by association" piece rather than a substantive analysis ...

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Academic Tells WTO, WIPO, WHO To Stop Using The Term “Developing Countries” from

A lively keynote address urging international organisations to adopt a fact-based view of the world and new ways of segmenting countries in an increasingly convergent world, set the scene for the annual trilateral symposium on ...

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Data Transfers from EU to US “unlawful”; EU Signals Enforcement Actions Possible After January, 2016 from

The re-posting of this article is part of a cross-posting agreement with CyberLex. On Friday, October 16, 2015, the Article 29 Working Party (“WP29”) released a statement on the decision of the Court of Justice ...

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Pigs Fly, Hell Has Frozen Over, and the New York Times Supports Small Inventor and University Patenting from

By Kevin E. Noonan -- Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying ...

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