Patent & IP news for March 31, 2016

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post image Two Book Reviews: European Law Design and The Changing European Patent from

From Kat David, we have a look at a design book:

The first edition of David Stone's European Design Law: A Practitioner's Guide quickly became an indispensable reference work for this Kat. He ...

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post image USPTO Announces Amendments to PTAB Trial Rules from

Ann Robl

On March 31, the USPTO announced in its “Director’s Forum” blog that it is publishing the Final Rule containing the amendments to the Rules of Practice for trials before the Patent Trial ...

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post image Fordham 2016: Copyright and trade mark - what does the future hold? from

It is that time of year again when IP's great and good pool together at Fordham Law School near Columbus Circle in Manhattan to debate, learn and have fun.  After some introductory remarks from ...

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post image Fordham 2016: Outstanding patent issues - the UPC, dual-track systems and Alice v CLS Bank from

With everyone feeling suitably optimistic about the future of copyright and trade mark law, are patent lawyers feeling equally jolly?  Well....not quite.  There seems to be more problems to resolve following reform in the ...

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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. Fresenius Kabi USA, LLC et al. v. Mylan Laboratories Ltd. et al. 1:15-cv-00942; filed October ...

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GSK Eases IP Rights For Poorest Countries, Considers Patent Pooling For Cancer from

In light of the United Nations Secretary General’s High-Level Panel on Access to Medicines initiative, the GlaxoSmithKline company today announced steps to further help bring innovative medicines to poor countries.

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Review Of WHO Pandemic Flu Preparedness: Data Sequencing And Other Issues from

Five years after its adoption, a World Health Organization mechanism to help the world be ready for future influenza pandemics is being reviewed. According to several stakeholders invited to share their views, a major challenge ...

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Cancer Immunotherapy Patent Directed to Natural Phenomenon from

The court denied defendant's motion to dismiss on the ground that plaintiff’s cancer immunotherapy patent encompassed unpatentable subject matter but found that the asserted claims were directed to a natural phenomenon. "[C]ontrary ...

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Hacking in Canada from

This blog is cross-posted with permission from Margaret Haig, Head of Copyright Delivery at the UK IPO, her original post is available here. In February, I got invited to take part in a hackathon. I ...

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The Undue Reliance on Physical Objects in the Regulation of Information Products from

Featured here is a summary of Pascale Chapdelaine’s article recently published in the Journal of Technology Law & Policy, that is now available at SSRN. The presence of a physical object (a book , DVD, a ...

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U.S. Copyright Office Seeks Public Comment and Holds Public Roundtables Concerning DMCA Safe Harbor Provisions from

The United States Copyright Office recently published a notice in the Federal Register ("the Notice") seeking public comment in connection with a study it is conducting to evaluate the impact and effectiveness of the DMCA ...

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What is "Plain Meaning" Anyway? from

Sucampo, AG v. Dr. Reddy's Labs., Inc. (D.N.J. Mar. 4, 2016)

It is common in patent litigation for patent holders to request claim terms be given their "plain meaning" by the Court ...

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March 31, 1880: the day electricity lit up Wabash, Indiana with Brush's electric arc lights from

The first electrically lighted city in the world was Wabash, Indiana and the city was lit
not by light bulbs, but by four giant arc light towers. The date was March 31, 1880.

Link: http ...

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CAFC says profit recovery in Lanham Act requires evidence of willful infringement from

The CAFC in Romag v. Fossil:

We conclude that the 1999 amendment to the Lanham
Act left the law where it existed before 1999—namely, it
left a conflict among the courts of appeals as ...

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Dealing with an "attraction for theft" from

From the CAFC decision in Clare v. Chrysler:

The ’795 and ’583 patents are directed to a hidden
storage compartment in the side of the bed of a pickup
truck. The specifications of the patents ...

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Federal Circuit Confirms: USITC has no Jurisdiction over Purely Electronic Products from

ClearCorrect v. Align (Fed. Cir. 2016) In its panel opinion, the Federal Circuit held that the USITC jurisdiction over the importation of “articles that infringe” does not extend to the “electronic transmission of digital data ...

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USTR Annual Report On Trade Barriers Highlights IPR Rights And Wrongs from

The Office of the United States Trade Representative (USTR) today (30 March) issued its annual National Trade Estimate report pointing fingers at trading partners' practices it sees as barriers to US trade. And the treatment ...

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Google joins the Fair Standards Alliance: discontinued the bad fight, now fighting the good fight from

The following press release by the Brussels-based Fair Standards Alliance would have been nothing more than an April Fools' Day joke a few years ago (this post continues with commentary below the press release):

--- START ...

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