Patent & IP news for March 9, 2016

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post image BREAKING - Louboutin case referred to CJEU: can a colour be a shape? from

The shape colour redVia a precious Katfriend who wishes to remain anonymous but nonetheless tweets as @TreatyNotifier comes the news that a new reference for a preliminary ruling in the area of trade marks ...

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post image Trade (Not So) Secret: Possible Disclosure in the Age of FOIA and Open Records Requests—UPDATE from

Evan Talley

Trade secrets are an area of intellectual property litigation that is not discussed as much as patents, trademarks, and copyrights, but is arguably equally as important. At the moment, unlike other areas of ...

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post image Trunki judgment: from

This morning Lord Neuberger handed down the judgment of the UK Supreme Court in the Trunki case, PMS International Limited v Magmatic Limited [2016] UKSC 12. The Court dismissed the appeal filed by Magmatic, owners ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Merck & Cie et al. v. Lupin Ltd. et al. 1:15-cv-00899; filed October 8, 2015 in ...

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Justice Thomas’ Colloquy from

Justice Thomas is known for not asking questions during oral argument.  By some accounts, it has been ten years since he last asked a question of counsel during oral argument.  Last week, however, during the ...

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USPTO News Briefs from

By Donald Zuhn -- USPTO Seeks Sample Applications for eMod Project The U.S. Patent and Trademark Office distributed a Patents Alert USPTO News e-mail last week requesting that stakeholders provide .docx sample applications for testing ...

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Patent Quality Commissioner will provide performance update at Corporate IP Counsel Forum from

Valencia Martin Wallace, Deputy Commissioner for Patent Quality at the United States Patent and Trademark Office, will deliver the keynote address at the USPTO’s Enhanced Patent Quality Initiative at the 8th annual Corporate IP ...

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Governments Agree To ICANN Accountability Proposals, Giving Green Light For IANA Transition from

Governments gathered at the 55th meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) in Marrakesh this week have agreed to not object to the final proposal on enhancing ICANN accountability. By the ...

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Pending Appeal of IPR Involving Similar Technology Renders Decision on § 101 Challenge Premature from

The court denied without prejudice defendant's motion to dismiss on the ground the asserted patent claimed unpatentable subject matter because the motion was premature. "The parties do not appear to agree on how certain ...

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Docket Navigator CEO to Present at PLI Post-Grant Patent Trials 2016 from

Docket Navigator CEO Darryl Towell will be speaking at the USPTO Post-Grant Patent Trials 2016, co-chaired by Scott McKeown (Oblon) and Robert Greene Sterne (Sterne, Kessler) in New York, NY on March 14, 2016. The ...

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Unified (European) Patent Court: 9-Months Away from

By Dennis Crouch A pan-European patent court is a big deal. Once in operation, the Unified Patent Court will allow owners of European patents to use a single court action to enforce a patent across ...

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CAFC decides Bamberg v. Dalvey interference in favor of junior party; insights for CRISPR patent interference from

Further to recent IPBiz post on the CRISPR patent interference, the recent CAFC decision in
Bamberg v. Dalvey offers some insights on patent interference practice.
Of relevance to CRISPR, the junior party in the CAFC ...

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Mosoff says "arguments made by Lee, Boldrin, and Levine give us nothing more than an oversimplified, one-sided look at a highly complex issue" from

Within a post at The Hill, Adam Mosoff brings up the term --junk science-- to describe work of some patent reform advocates:
-- several proponents of the bill rely on junk science to make their case ...

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Federal Circuit asked to eliminate supplier-to-inventor transactions from “on-sale” bar to patentability from

It is well known that if an inventor sells an invention prior to applying for a patent application, the sale can preclude the inventor from obtaining a patent for the invention. In the United States ...

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Should Patent Policies Be Used to Stifle Fossil Fuel Innovation? from

Greentech Media covered a new report that looked at the kinds of market forces we would need to effectively move from fossil fuels to renewables. Entitled “Will We Ever Stop Using Fossil Fuels?”, the report ...

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Zika Virus R&D: No Vaccine Before 3 To 5 Years, Sample Sharing Needs Incentives from

nternational experts convened by the World Health Organization this week on the Zika virus said vaccine development is a priority for the future but the most pressing need is to get diagnostic and prevention tools ...

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German court refuses amendments filed on appeal from

Patent attorneys in Europe have become accustomed in recent years to the EPO appeal boards refusing to consider on appeal claim amendments that could have been, but were not, filed in first instance proceedings.
Katfriend ...

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Civil Society Concerns Over Project Of US National Health Service To Give Exclusive Patent Rights To Sanofi from

The United States National Institutes of Health’s decision to consider granting an exclusive licence on patents for a newly government-developed vaccine to Sanofi has prompted a strong reaction from civil society warning against potential ...

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Oral argument of the week: Cloud Satchel v. Barnes and Noble et al. from

The Federal Circuit issued a Rule 36 Judgment in Cloud Satchel, LLC v. Barnes and Noble, Inc., et al.  If you like §101 issues, I think you’ll enjoy listening to this oral argument.  [Listen ...

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WHO Welcomes UN Secretary-General’s High-Level Panel, Offers Suggestions from

The World Health Organization has provided a list of suggestions to the United Nations Secretary General’s High-Level Panel on Access to Medicines, highlighting WHO activities in this area and making suggestions on areas the ...

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