Patent & IP news for May 20, 2016

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post image USPTO Issues April 2016 Trademark Manual of Examining Procedure from

Alyssa Novak

On April 30, the USPTO issued the April 2016 Trademark Manual of Examining Procedure (“TMEP”). The TMEP contains policy and procedural material for examining attorneys in the USPTO, trademark applicants, and attorneys and ...

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post image Friday Fantasies from

 The IPKat, India boundIndia's new Intellectual Property Policy. The IPKat has been racking up the airmiles over the past week, investigating the Indian government's new IP policy. The policy promises to streamline ...

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post image Another USPTO Memo to Examining Corps – Enfish, TLI, and Section 101 Patent Subject Matter Eligibility from

Ann Robl

The USPTO has issued another memorandum dated May 19, 2016, regarding 35 U.S.C. § 101 subject matter eligibility for patents. The new memo discusses the recent Federal Circuit decisions Enfish, LLC v ...

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The IPKat IP Limerick Competition from

Readers with a keen eye on their diaries will have noted that we have had in rather short succession World Intellectual Property Day on 26 April and National Limerick Day on 12 May.  The IPKat ...

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Threadbare Allegation of Induced Infringement Insufficient to Survive Motion to Dismiss from

The court granted defendant's motion to dismiss plaintiff's ANDA induced infringement claim for failure to state a claim based on defendant's marketing and sales. "To survive a motion to dismiss, [plaintiff] is ...

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Can Patents Ever Be “Ever-Greened”? The Answer…..They are “Never-Greened” from

“Ever-Greening of Patents” has been an expression that has been extensively used in debates related to the global pharmaceutical industry at least since the last two decades. Interestingly, this term has never been statutorily defined ...

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ICTSD: Specialised Intellectual Property Courts – Issues And Challenges from

The establishment of the WTO Agreement on TRIPS (Trade Related Aspects of Intellectual Property Rights) and the proliferation of plurilateral, bilateral and regional agreements have significantly contributed to the increasing complexities of the intellectual property ...

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Black and Decker wins appeal of IPR on its U.S. Patent No. 5,544,417, related to a string trimmer from

Black & Decker won a reversal of a PTAB decision:

For the reasons stated in this opinion, we reverse
the Board’s decision that claims 16 and 17 would have been
obvious and affirm its decision ...

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Apple v Samsung: Mooting the Injunction from

In my recent update on Supreme Court patent cases I skipped over a new Samsung v. Apple petition since one Samsung v. Apple case has already been granted a writ of certiorari.  Although both cases ...

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Some IP issues in the vehicle industry: from the Selden patent to the "Jake Brake" from

Relevant to the topic of George Selden as a patent troll victimizing, among others, automaker Henry Ford, LBE wrote an article titled "Looking Backward" which appears at page 20 of Intellectual Property Today [IPT] in ...

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