Patent & IP news for February 26, 2016

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post image Wait, I needed a license for that? from

Last week, "Piece," a pizza restaurant and bar in a popular Chicago neighborhood was sued by BMI and Sony/ATV Tree Publishing for copyright infringement for performing certain songs during its live-band karaoke. Julie Langdon ...

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post image BREAKING: No opt-out fees, as the UPC Preparatory Committee publishes decision on UPC court fees from

The AmeriKat responding to her latest mobile reception
issue, but not to the welcome news of no UPC opt-out fees
The AmeriKat has been waiting for this day for a long time.  No, its not ...

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post image Book Review: Patent Enforcement Worldwide from

With the cover dedication, "in Honour of Dieter Sauder," Patent Enforcement Worldwide is the third edition of Hart Publishing's country reports on patent enforcement practices and litigation strategies. This edition offers coverage of the ...

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post image Patent Grants 2016 from

Although we are only 8-weeks into 2016, I wanted to take a first-look at where we are headed in terms of patent grants for the year.  In red you’ll see my forecast for the ...

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post image Why Mickey Mouse is not mickey mouse from

A little while ago, I found myself describing some organization as a “mickey mouse” operation. It was not the first time that I had used the term “mickey mouse” to describe something in an unflattering ...

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Zika Virus Vector (Aedes aegypti): Genomic Sequence from

By Kevin E. Noonan -- The rise and spread of the Zika virus, although limited for now to South America, has raised concerns globally, particularly with the prospect of the Summer Olympics in Rio de Janeiro ...

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Subject Matter Eligibility in the Information Age from

By Joseph Herndon -- The test for what is patentable subject matter under 35 U.S.C. § 101 in the United States has become quite difficult to understand. In Alice Corp. v. CLS Bank, the Supreme ...

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Friday Filppancy from

Coca-Cola's shape mark too smooth for
the General Court
Coca-Cola falters in EU General Court on bottle shape trade mark:  On Wednesday, the EU General Court issued its decision rejecting Coca-Cola's Community trade ...

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Year Ahead In Internet Governance: Where The Internet Stewards Will Go In 2016 from

Transitioning of the Internet Assigned Numbers Authority (IANA) out of the United States government - or not – is the top issue of a narrower internet governance community in 2016. Yet looming behind the many high-level government ...

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Physical-Possibility Test for Marking Products Under 35 U.S.C. § 287 Rejected from

The court denied defendants' motion for summary judgment to limit plaintiffs' damages for their failure to mark their orthotic devices. "Plaintiffs concede that they do not print the patent marking on the patented product itself ...

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Apple's "slide to unlock" and autocorrect patent claims found obvious by CAFC; Samsung wins on these points from

The decision of the Northern District of California in No. 5:12-cv-00630-LHK
(Judge Lucy H. Koh) was modified by the CAFC on February 26, 2016.

Within Samsung v. Apple:

Both Apple and Samsung appeal. With ...

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Steven Yelderman: Do Patent Challenges Increase Competition? from

In his new paper, Do Patent Challenges Increase Competition, forthcoming in the University of Chicago Law Review, Stephen Yelderman tackles the perception, oft-stated by courts in antitrust cases, and "taken as a given" by many ...

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PTAB decisions involving computer vs. user distinctions from

ptab decisions involving
I reviewed quite a few 2015 ex parte appeal decisions in which the distinction made by the Applicant related to actions performed by a computer rather than a user. I'll discuss ...

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Patentlyo Bits and Bytes by Anthony McCain from

Herbert Wamsley: Commerce’s Shared Services Scheme Will Put US Patent System At Risk Joseph Herndon: Lismont v. Alexander Binzel John Allison, Mark Lemley, and David Schwartz: Understanding The Realities Of Modern Patent Litigation Ollie ...

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IP And Innovation, Non-Violation Complaints On TRIPS Council Menu Next Week from

The now-familiar item of intellectual property and innovation is on the agenda for next week’s regular meeting of the intellectual property committee of the World Trade Organization. This time under the item, a range ...

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In second California case, Apple wanted billions from Samsung, gets nothing but must pay millions from

Apple's second California case against Samsung-- filed in 2012, about 10 months after the first Apple v. Samsung complaint--has turned out to be a non-starter. As I predicted in early January based on the ...

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TTIP Negotiations: Hurrying Between Official Rounds from

By July trade negotiators from the United States and the European Union want to present a draft text that only has brackets for the “most sensitive issues” in the Transatlantic Trade and Investment Partnership (TTIP ...

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