Patent & IP news for March 2, 2016

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post image AG Saugmandsgaard Øe says that failure to pay private copying levy is a tort (for the sake of establishing jurisdiction) from

Henrik Saugmandsgaard ØeVia Katfriend and former GuestKat Kate Manning (Curated Media) comes the news that the Opinion of Advocate General (AG) Henrik Saugmandsgaard Øe [here if you read Danish] in Austro-Mechana, C-572/14 ...

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post image Using Trademarks to Avoid Country-of-Origin Issues from

JBLU v. CIT (Fed. Cir. 2016) Although not a patent case, the JBLU decision has important commercial implications.  JBLU is an American company that sells jeans under the C’est Toi Jeans USA brand. Of ...

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post image Federal Circuit Now Receiving More Appeals Arising from the PTO than the District Courts from

By Jason Rantanen Appeals arising from district court patent infringement cases have historically made up about a third of the court’s docket.  In 2011, for example, appeals from the district courts constituted 33% of ...

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post image Of stripes, positions, and shoes: the CJEU speaks (again) from

Some issues recur in the narrative of IP case-law like literary topos in good, old, classic novels. 

One of them is position trade marks on shoes and, among them, the long-standing and landmark-decision-creator saga of ...

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Transweb, LLC v. 3M Innovative Properties Co. (Fed. Cir. 2016) from

Antitrust Violation Found in Patent Infringement Litigation, and (Trebled) Attorney Fees for Defending Infringement Awarded as Damages By Joseph Herndon -- On February 10, 2016, the Federal Circuit issued an opinion in a case captioned Transweb ...

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It's that time of year again from

Don't worry, it's not 35 shopping days left until Christmas. However, April 26 is now clearly visible on the horizon and with it, World IP Day.
This year's theme is Digital Creativity ...

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Email Address Directory Patent Invalid Under 35 U.S.C. § 101 from

The court granted defendant's motion for judgment on the pleadings that the asserted claims of plaintiff’s email system patent encompassed unpatentable subject matter and rejected plaintiff's argument that the claims were not ...

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Uganda In Clinical Trials For Ebola Vaccine from

KAMPALA, Uganda -- An Ebola vaccine trial is underway in Uganda, as the global search for an effective vaccine continues. The vaccine candidate was co-developed by the National Institute of Allergy and Infectious Diseases (NIAID), part ...

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TPP Is Obama’s Top Trade Priority For 2016 from

Passage of the Trans-Pacific Partnership agreement is the Obama administration's top trade priority this year, the Office of the United States Trade Representative said in its annual trade agenda released today. The agenda highlights ...

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Malawi Awaits Reviewed Copyright Law from

Artists in Malawi are hopeful that the Copyright Bill, drafted four years ago, will be discussed when the parliament meets in the first quarter of this year, paving a way to plug unauthorised use of ...

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USTR Cuts Cheese IP Deal With Honduras from

The government of Honduras has committed to a work plan for protecting intellectual property rights that includes recognition of food names considered generic by the United States such as "parmesano" (parmesan), provolone and bologna, the ...

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Eon Corp. v. Silver Spring: Improperly Delegating Claim Construction to a Jury from

by Dennis Crouch Eon Corp. v. Silver Spring Networks (Fed. Cir. 2016) In a split decision, the Federal Circuit has again rejected a jury verdict – finding that “no reasonable jury” could have found that Silver ...

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EPO deal with trade union - not what it seems from

The European Patent Office has just announced a "landmark deal" in the signing of a Memorandum of Understanding with FFPE-EPO, which is a trade union of EPO employees.  It was reported last week in The ...

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