Patent & IP news for February 24, 2016

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post image California District Court Determines Fox’s Use of “Empire” is Protected by First Amendment and Does Not Constitute Trademark Infringement from

Judge Percy Anderson of the United States District Court for the Central District of California recently granted summary judgment in the case Twentieth Century Fox v. Empire Distribution, Inc., Case No. CV-15-2158 PA (C.D ...

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Trolls v. Pirates: Supreme Court Oral Argument Reviewing Enhanced Damages from

By Andrew Williams -- Earlier today, the Supreme Court heard oral arguments in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court ...

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US Copyright Office Recommends No Change To The “Making Available” Right from

The “making available right,” affirmed by the 1996 World Intellectual Property Organization “Internet Treaties”, gives authors the prerogative to authorise digital access to their copyrighted works “in such a way that members of the public ...

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California Court Rules on Proper Venue for Wrongful Seizure Claims from

A federal district court in the Northern District of California has recently given litigants in trademark counterfeiting cases guidance on where wrongful seizure claims under the ex parte provisions of the Lanham Act may be ...

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Counsel’s Gratuitous Arguments Concerning Copying and Burden of Proof Warrant New Trial from

The court "reluctantly" granted defendant's motion for a new trial after a jury verdict of validity and infringement because of plaintiff's improper arguments regarding copying and the burden of proof. "[D]uring a ...

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Blocking injunctions may be granted without need for claimant to demonstrate efficacy and dissuasiveness from

Inside the box:
better a ring
or a blocking injunction?
Blocking injunctions in trade mark cases? Since the landmark 2014 decision of Arnold J in Cartier [here, here, here] (currently under appeal: the appeal will ...

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IP Osgoode Speaks Series featuring Jerry Agar: I Don’t Care About You from

Jerry Agar—host of the “Jerry Agar Show” on Newstalk 1010 radio—opened his IP Osgoode Speaks Sesries talk with an admission that he did not care about us. Following the fleeting moment where he ...

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NY Times defines "patent troll" in post concerning patent fight over technology used in "Deadpool" from

The relevant text:

So-called patent trolls — companies that own patents, but don’t actually build products based on them — have sued scores of little and big companies.

Industry complaints that lawsuits were sucking innovation out ...

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Despite US Efforts, Patent Litigation Grows Apace from

The United States worked hard over the last five years to reduce patent infringement suits. Congress enacted patent reform, the courts handed down important anti-patentee rulings, and the US Patent and Trademark Office began a ...

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IP Osgoode Hackathon: Using Simple Language to Solve a Complicated Problem from

IP Osgoode recently hosted the Orphan Works Hackathon at Osgoode Hall Law School. Typically, a hackathon brings together professionals from a common field, such as computer programming, and assigns them a complex problem to solve ...

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