Patent & IP news for January 21, 2016

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post image Linking to unlawful content: what will the CJEU say? from

Nedim MalovicIs linking to content made available on a certain website without the initial authorisation of the relevant rightholder an act of communication to the public within Article 3(1) of the InfoSoc Directive ...

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Redline Detection, LLC v. Star Envirotech, Inc. (Fed. Cir. 2015) from

The PTAB at the Federal Circuit -- Supplemental Evidence Edition By Andrew Williams -- On New Year's Eve, the Federal Circuit affirmed the PTAB's denial of a motion to submit supplemental evidence pursuant to 37 ...

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Supreme Court Agrees To Decide Proper Claim Construction Standard in IPR Proceedings from

On January 15, 2016, the U.S. Supreme Court granted certiorari in a case involving the appropriate claim construction standard for patent claims challenged in an inter partesreview proceeding before USPTO’s Patent Trial ...

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Arnold J rules that shape of KitKat chocolate bar cannot be registered as a trade mark from

The shape of discordCan the shape of the KitKat chocolate bar be registered as a trade mark on grounds that it has acquired distinctiveness through use? What is required to prove that a trade ...

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Jury Instructions and Verdict Form Tying Infringement and Validity Did Not Motivate Jury to Find Patents Invalid from

The court denied defendant's motion for a new trial and rejected defendant's argument that the verdict form inappropriately tied invalidity and infringement together and motivated the jury to find the asserted patents invalid ...

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Study reveals Apple and Samsung are the leading utilizers of so-called 'patent death squads' from

I have a post coming up tomorrow on the tremendous support Samsung has received from industry, the legal community and non-governmental organizations for its cert petition relating to design patent claim construction and damages. For ...

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WHO Board To Address Reform Progress, R&D Financing, Lobbyists/ Foundations from

Next week, the World Health Organization Executive Board will hold its biannual meeting. On the agenda are key subjects such as the WHO reform process, sharing of influenza viruses for R&D;, and a controversial ...

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UK IP Office Unveils 5-Year Strategy to Make Businesses More IP-Aware from

The United Kingdom has a vibrant creative sector but many businesses don't take full advantage of their intellectual property, IP Minister Baroness (Lucy) Neville-Rolfe said in her introduction to an Intellectual Property Office five-year ...

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An Literature Review of Patenting and Economic History from

Petra Moser (NYU Stern) has posted Patents and Innovation in Economic History on SSRN. Is is a literature review of economic history papers relating to patents and innovation. In general, I think the prestige market ...

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Inter Partes Review: An Unconstitutional Delegation of Judical Power from

Carl Cooper has now filed his constitutional challenge to the Inter Partes Review (IPR) system — arguing that the system is an unconstitutional delegation of judicial power to an administrative agency. [Petition: Cooper v. Lee] Question ...

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