Patent & IP news for April 4, 2016

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post image Perpetual image rights for the good: the proposed Dutch Cruyff provision from

Johan CruyffAs UK-based readers will know, in the Copyright, Designs and Patents Act 1988 there is a peculiar provision [s301that provides the trustees of London pediatric Great Ormond Street Hospital with a (perpetual ...

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post image Never too late: if you missed the IPKat last week from

Were you away last week and missed the IPKat? Do not worry, because the 90th edition of Never Too Late is here to rescue you! 
* Book Review: Sir Robin Jacob tells us a story ...

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Guest Post: Coalition for 21st Century Medicine Comments on Expected Ariosa Cert Petition from

By Coalition for 21st Century Medicine* -- The collective experience of the Members of the Coalition for 21st Century Medicine in trying to obtain much needed patent protection for their novel, life-saving technologies has led to ...

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Chao & Mapes: An Early Look at Mayo’s Impact on Personalized Medicine Patenting from

Many predicted that the Supreme Court’s 2012 decision in Mayo v. Prometheus would have a major impact on the patenting of personalized medicine inventions, such as those at issue in Sequenom. In their Patently-O ...

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Magic Microscope Anniversary from

The Office of the Solicitor General stepped in to argue the AMP v. Myriad case five years ago today. It was during that argument at the Federal Circuit that the patent world got to hear ...

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Batmobile declared a character deserving of copyright protection, finally invincible from

The U.S. Ninth Circuit court held in DC Comics v Towle (“Towle”) that Mark Towle’s Batmobile replicas infringed DC Comics’ copyrights, and that the Batmobile was a “character” deserving of copyright protection. Mark ...

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Osgoode Wins Best Factum, Takes 2nd Place at the 2016 Fox IP Moot from

A preeminent Canadian artist named Ann Phibian. Her shaded-in line drawing of a leaping frog titled “50 Shades of Green” and the public domain painting it was based on titled “One Giant Leap”. A graphic ...

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Event: Intellectual Property in the Supreme Court from

I’m looking forward to the Federalist Society teleforum this Friday, April 8, 2016 at 2:00 pm EST on the topic: Intellectual Property in the Supreme Court.  I will be moderating. Speakers include Garrard ...

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Peter Menell on IP and Social Justice from

Professor Peter Menell recently posted a new essay, Property, Intellectual Property, and Social Justice: Mapping the Next Frontier, from a conference celebrating Professor Joseph Singer. As he explains, "[t]he ascendency of intangible resources profoundly ...

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Does the "Myth of the Sole Inventor" have a true sense of history? from

In "Myth of the Sole Inventor [110 Mich. L. Rev. 709 ]," Mark Lemley writes

The overwhelming majority of inventions, including the overwhelming majority of so-called "pioneering" inventions, are in fact developed by individuals or groups ...

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Ptab reverse 103 unsatisfactory intended purpose from

Takeaway: The Applicant appealed an obviousness rejection of a claim to a personal portable storage device (PPSD) with simultaneous wireless access to host devices. The limitation at issue was "said PPSD remaining in a stowed ...

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Long Lost Wright Brothers’ Patent File Found from

On Sunday, The Washington Post published an interesting article explaining how the long lost Wright brothers’ patent file for the “Flying Machine” was finally found in March. The government had been searching for this file ...

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CAFC in Trading Technologies: no infringement if the product continued to present the problem of the prior art from

From Trading Technologies v. Sungard :

SunGard and FuturePath respond that eSpeed controls
because we explained in that case that the “static”
limitation “specifically excludes automatic re-centering.”
Appellees’ Br. 46 (quoting eSpeed, 595 F.3d at ...

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