Patent & IP news for November 5, 2015

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post image C-490/14 - Verlag Esterbauer: Get off my map! from

The CJEU has ruled in Case C-490/14 Verlag Esterbauer, a referral from the German Bundesgerichtshof in a dispute between the Freistaat Bayern and the publishing house Esterbauer. The facts, briefly stated, are such that ...

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post image The Beautiful Game: a view of the EPO Board of Appeal manpower shortage from

Football (not to be confused with American Football) is famously described as "The Beautiful Game" [as described by legendary Brazilian soccer star Pele: see here and here].  One frequently-discussed feature of the Beautiful Game is ...

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post image KAT-EXCLUSIVE: EU Commission due to issue legislative proposal on content portability in spring 2016, wants to make some exceptions mandatory, and dreams of full copyright harmonisation from

As IPKat readers will promptly recall, last May the EU Commission issued its Digital Single Market Strategy (DSMS) [here and here]. In this document this EU institution promised policy and legislative action in a number ...

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A Closer Look at Dynamic Drinkware, LLC v. National Graphics, Inc. from

By Andrew Williams -- Last week, we analyzed the Federal Circuit's Dynamic Drinkware, LLC v. National Graphics, Inc. case from early September. In that case, the Federal Circuit held that an IPR petitioner did not ...

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Oracle to court: Samsung's offense was also Google's defense in Apple case, expert not neutral anymore from

In the Android-Java copyright infringement litigation in the Northern District of California, Oracle filed a reply Wednesday evening in support of its motion to disqualify the court-appointed damages expert Dr. James Kearl. In the meantime ...

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Judge Lourie Explaining the Federal Circuit’s Specific Jurisdiction from

When the Federal Circuit sits outside of Washington, D.C. at various law schools, Judge Lourie always does a nice job of explaining the types of cases the court handles.  Here he is before an ...

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Apple reinforces its Alice attack on two Ericsson patents, says claims don't specify solutions from

Last month, Apple brought a motion for summary judgment of invalidity against two Ericsson patents, based on the exclusion of abstract subject matter under 35 U.S.C. § 101 and its interpretation by the Supreme ...

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New Federal Rules of Civil Procedure from

After a long rule-change process, a new set of amended Federal Rules of Civil Procedure (FRCP) will become effective on December 1, 2015. Directly impacting patent cases is the elimination of the form patent complaint ...

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Angry musicians are pushing back on royalties – Will inventors follow? from

Song writers may have something to teach inventors when it comes to getting a fair share for their intellectual property rights, or not.   Confusion faced by writers and performers in the recording industry over “legal ...

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Amazon Not Liable for Infringement of Third Party Products Offered for Sale Via Amazon’s Website from

Following an advisory jury trial to answer underlying factual questions, the court found that Amazon did not offer to sell the accused products via its website and was not liable for infringement. "[T]his Court ...

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IPR Appeal: Federal Circuit Tells PTAB to Reject More Claims from

Belden v. Berk-Tek (Fed. Cir. 2015) on appeal from IPR2013-00057 (Patent Trial & Appeal Board) . In an inter partes review appeal, the Federal Circuit has sided with the patent challenger – finding that the PTAB had erred ...

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CAFC reviews PTAB's Belden decision; CAFC finds claims 5,6 obvious, reversing PTAB from

From Belden v. Berk-Tek -->

Belden Inc. owns U.S. Patent No. 6,074,503, which
discloses and claims a method for making a communications
cable. On a petition for inter partes review under 35
U ...

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CAFC applies collateral estoppel in Tse v. Apple from

From the decision

“The doctrine of collateral estoppel applies if (1) the
issue sought to be precluded from relitigation is identical
to the issue decided in the earlier proceeding; (2) the issue
was actually litigated ...

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Plagiarism issue at George Washington University? from

There is an interesting story about plagiarism at the George Washington University Hatchet.

As to a patent connection

Jyothikumar copied materials for at least six of his own papers from sources like the United States ...

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Broadbased support for Samsung's petition for rehearing en banc in Apple injunction case from

With an unusually strong dissent, Federal Circuit Chief Judge Sharon Prost practically invited Samsung to request a rehearing en banc (full-court review) of a 2-1 decision that would, unless overturned, pave the way for a ...

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TPP Text Is Out, Finally, With Lots Of Bilateral Specialities from

Four weeks after the finalisation of the agreement, the final text of the Trans-Pacific Partnership (TPP) was finally released by the United States and other partners of the first of the regional mega-trade deals. The ...

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