Patent & IP news for December 15, 2015

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post image Serving a patent infringement claim out of the jurisdiction? Mr Justice Birss' decision on Section 100 Patents Act 1977 may help! from

A judgment on Section 100 of the Patents Act 1977 that
makes sense is as satisfying for the AmeriKat
as reaching those hard to reach "itch spots".  Ahhh....
How do you serve patent infringement proceedings ...

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post image World Intellectual Property Indicators - What's happening in your neighbourhood? from

Industrial design applications worldwide,
2000-2014, from WIPI, WIPO (2015)WIPO yesterday released their annual World Intellectual Property Indicators report.  The 2015 edition tracks the sustained growth in IP activity around the world, and the continued ...

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post image Tradem-rk Bo-rd B-rs Registr-tion of SOL-R M-rk from

I’ve written extensively before about eco-mark descriptiveness problems (see, e.g., here and here) and some strategies for avoiding and overcoming descriptiveness rejections. Under U.S. trademark law, a mark that is merely descriptive ...

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post image Breaking news: EU trade mark reforms adopted by the EU Parliament (and some news on trade secrets) from

Most of our readers will have - vaguely? - heard that 2016 will see some of the most important reforms to EU trade mark laws since the introduction of the Community trade mark in 1996.  The new ...

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Guest Post: Ariosa v Sequenom -- A Path to the Supreme Court? from

By Paul Cole* -- There is no point in crying over spilled milk. The denial of an en banc hearing in the above case[1] is now history. Apart from looking at the small print for ...

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Stay Pending IPR Does Not Justify Extension of Statutory 30-Month Stay of FDA Approval from

The court denied plaintiffs' motion to extend the stay of FDA approval after the court granted defendants' renewed motion to stay pending inter partes review. "Plaintiffs argue that if the Court grants Defendants’ request for ...

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Can a work of authorship which is copyrighted be a trade secret? from

The post titled Sheriff’s association blocks release of jail standards in lawsuit suggests that which is copyrighted can be protected as a trade secret:

As they prepare to argue the $10.7 million suit ...

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EU Trade Secrets, Trademark Measures Advance from

The European Parliament and Luxembourg Presidency today agreed provisionally on EU-wide rules for the protection of trade secrets and confidential information, the Presidency announced. The European Parliament also approved a trademark reform package that aims ...

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Unease Over Seconded Philanthropic Foundation Staff To Top Management At WHO from

Philanthropic foundations such as the Bill & Melinda Gates Foundation and the United Nations Foundation have seconded their staffers to top management positions at the World Health Organization.

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WSIS+10 Gets Underway Ten Years After UN Internet Summit from

Ten years after the UN World Summit on the Information Society (WSIS) member states and stakeholders are meeting this week for the WSIS+10 High Level Meeting in the UN headquarters in New York to ...

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35 U.S.C. 289 from

35 U.S.C. 289 Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture ...

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Sightsound v. Apple: CAFC can review PTO on whether patents are CBM from

From the precedential decision:

SightSound Technologies, LLC (“SightSound”) is the
owner of U.S. Patent No. 5,191,573 (the “’573 patent”) and
5,966,440 (the “’440 patent”). Apple Inc. (“Apple”) petitioned
the United ...

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Openwave, Unwired Planet lose appeal to the CAFC against Apple from

Among other reasons, the case is of interest because of the reliance of the CAFC
on text in the "background" section:

The import of this section of the specification could not be
: the perceived ...

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3 New Copyright Articles: Buccafusco, Bell & Parchomovsky, Grimmelmann from

My own scholarship and scholarly reading focuses most heavily on patent law, but I've recently come across a few interesting copyright papers that seem worth highlighting:

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In re Commonwealth Scientific & Industrial Research Organization, Bayer Cropscience NV (Fed. Cir. 2015) from

By Kevin E. Noonan -- Interferences, the U.S. Patent and Trademark Office's procedure for determining which of a plurality of inventive entities were the "first to invent," were eliminated by the Leahy-Smith America Invents ...

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