Patent & IP news for November 2, 2015

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post image US judge denies copyright over 3-word phrase ‘Everyday I’m Hustlin’’ from

Nedim MalovicIs there copyright in very short phrases?
As copyright enthusiasts know, this invariably proves to be one of the thorniest issues to determine when it comes to specific cases. Just a couple of ...

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post image Monday miscellany from

Around the weblogs 1. From Paul Tijam and Hidde Koenraad comes this penetrating Class 99 design law post on the sort of issues that might be encountered if one's Community design registration is marked ...

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post image Never Too Late: if you missed the IPKat last week ... from

Some weeks are busier than others for our readers, while others are very busy for our blogging team. That's why Kat colleague Alberto Bellan was not too greatly taxed to put together the relatively ...

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post image Declarations of Independence: EPO Enlarged Board upholds the rights of patent proprietors from

One Kat, two casesThis Kat has just learned of two cases, one not so new and one rather more recent, in each of which the Enlarged Board of Appeal of the European Patent Office ...

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Conference & CLE Calendar from

November 4, 2015 - Patent Quality Roadshow (U.S. Patent and Trademark Office) - Western Michigan University Thomas M. Cooley Law School, Auburn Hills, MI November 4, 2015 - European biotech patent law update (D Young & Co) - 4 ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Janssen Biotech Inc. et al. v. Par Pharmaceutical Inc. et al. 1:15-cv-00679; filed August 3 ...

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Ex Parte Poisson from

The other day I posted the links to comments that have been submitted in regard to the USPTO’s July §101 Guidance.  I have enjoyed reading through those comments as time permits.  One submission that ...

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Litigation Counsel Barred From Serving as Prosecution Counsel In Lieu of Disqualification from

The court granted in part defendant's motion to disqualify plaintiff's counsel who served as both prosecution counsel and litigation counsel and barred counsel from resuming service as prosecution counsel for a year following ...

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Expert: As A UN Agency, WIPO Has Role To Play On Neglected Diseases from

According to a prominent researcher in the field of neglected tropical diseases, the World Intellectual Property Organization has a prominent role to play in addressing the lack of research and development for neglected diseases.

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Russia To Better Protect IP Of Its Innovative Companies Abroad from

The Russian government is considering a package of measures aimed at better protecting intellectual property of Russian innovative companies abroad, according to an official spokesman of the Russian Ministry of Communications.

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Federal Circuit: Attorney Reputational Harm Does Not Raise Case-or-Controversy Following Settlement. from

Tesco Corp (Plaintiff) v. National Oilwell Varco (Defendant-Appellee) v. Glen Ballard & John Luman (Interested Party – Appellant) (Fed. Cir. 2015) Interesting case here – Jury verdict for the patentee, but in post-verdict motions S.D. Texas Judge ...

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Laches as patent infringement defense from

For a discussion of laches as a defense in patent infringement cases, see
the NLR article “Raging Bull” and the Patent Act: Laches Still Available in Patent Cases - SCA Hygiene Products v. First Quality Baby ...

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PTO Rules: File Sharing and Correcting Foreign Priority Claims from

By Dennis Crouch NOTE: See final paragraph for Nov. 5 pending rule change for correcting foreign priority claims. The USPTO has published a new Final Rule notice titled: Changes To Facilitate Applicant’s Authorization of ...

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The significance of a denial of an IPR petition from

In a thread at PatentlyO on the WARF v. Apple case [and inferences to be made from the USPTO denial of Apple's IPR petition], one has comments

The USPTO has finite resources to place ...

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Trademark Cases from

Trademark cases are almost interesting. Here are the last 10 filed according to my docket report: Kentucky Mist Moonshine Inc. v. University of Kentucky (E.D.Ky.) (declaratory judgment lawsuit that UK can’t control ...

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National Geographic Considers Technology and Its Threat to Humanity from

By Kevin E. Noonan -- Progress, and faith in progress to improve human lives, has been a cornerstone belief in American civilization (and, indeed, Western civilization generally, at least since St Augustine argued that Christ's ...

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