Patent & IP news for December 18, 2015

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post image 13th meeting of the UPC Preparatory Committee from

The UPC Preparatory Committee has published its report on its 13th meeting on its website. Alexander Ramsay (SE), the previous Vice Chair of the Committee was elected Chair and Louise Åkerblom (LU) was elected to ...

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post image A Few Patented Ways to Keep Your Holiday Interesting from

As you are trimming your tree and decking the halls, be on the lookout for these inventive ways to add to your holiday spirit! Laura Robinson

As you are trimming your tree and decking the ...

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Merck & Cie v. Gnosis S.P.A. (Fed. Cir. 2015) from

By Kevin E. Noonan -- As she has done many times before (and so many times that she has been unfairly characterized as a scold on the Federal Circuit), Judge Lorraine Newman dissented from the panel ...

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Looking back over this GreeKat's shoulder… Part IV: "JE SUIS… un opportuniste" – the public order as a trade mark barrier from

Twice within 2015, INPI, the French TM Office, was forced to tackle controversial trade mark registration cases. Both cases were linked to the aftermath of the terrorist attacks in Paris. In January, INPI rejected some ...

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Repeated Discovery Violations Warrant Adverse Jury Instruction from

The magistrate judge recommended granting plaintiff's motion for an adverse jury instruction on damages because of defendant's discovery failures. "It took a motion to compel, a motion for contempt, a motion for sanctions ...

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Republishing Mein Kampf: An Act of Respect to the Public Domain from

New Year’s Day is synonymous with new beginnings, and 2016 will be no exception. Mein Kampf (“My Struggle”), the manifesto in which Adolf Hitler explains his vision for Germany’s future and his political ...

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The Not-So-Obvious Aspects of an Obviousness-Type Double Patenting Analysis from

The granting of a patent has often been described as a bargain [1] between the government and the patentee. In exchange for the exclusive right [2] to make, construct, use and sell their invention, the ...

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The CAFC addresses the printed matter doctrine in IN RE: THOMAS L. DISTEFANO, III from

As to the printed matter doctrine:

When determining a claim’s patentability, the Board
must read the claim as a whole, considering each and
every claim limitation. In re Gulack, 703 F.2d 1381, 1385 ...

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Judge Newman re-iterates her viewpoints on evidentiary review standards in South Alabama v. Gnosis from

The conclusion of the majority

Because substantial evidence supports the Board’s
factual findings, except on the evidence of licensing, and
because we agree with the ultimate conclusion of obviousness,
we affirm the Board’s ...

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Judge Newman questions use of "substantial evidence" standard in CAFC review of PTAB decisions in Merck/Gnosis case from

The CAFC finds that negating "teaching away" arguments can amount to
a showing of "reasonable expectation of success":

In a final challenge to the Board’s decision, Merck
complains that the Board never made an ...

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Post in TIME attacks Wright Brothers as pioneering trolls from

There is a sad post at TIME magazine ripping the Wright Brothers as the pioneering patent trolls.


There are at least two things wrong with the article.


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