Patent & IP news for June 16, 2016

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post image Cannibalism, Branding and Market Segmentation from

Recipe tips by HannibalTasting notes: To accompany this post on market segmentation and cannibalisation, the discriminating reader will enjoy fava beans* and a nice glass of chianti.  Main course: IPKat has previously brought up marketing ...

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post image AG Szpunar says that time-limited e-lending is allowed under EU law and interpretation of copyright norms must evolve with technology from

AG Maciej SzpunarAre libraries allowed to lend electronic books in their collections under the Rental and Lending Rights Directive? If so, under what conditions? Is there such thing as digital exhaustion under the InfoSoc ...

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post image Advocate General Szpunar considers Rubik's Cube shape mark invalid from

The AmeriKat trying, and failing, to solve
a Rubik's cube
Never a fan of the Rubik's Cube (so hard to turn those sides with fuzzy paws), the AmeriKat missed Advocate General Szpunar's ...

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Forthcoming Cuozzo Decision No Basis to Deny Stay Pending IPR from

The court granted defendant's motion to stay pending inter partes review and rejected plaintiff's argument that the Supreme Court's pending review of a case supported plaintiff's argument of a lack of ...

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Supreme Court Clarifies Copyright Attorney Fees: Reasonable Defense Not a Presumptive Excuse from

by Dennis Crouch In Kirtsaeng v. John Wiley & Sons (2016), the Supreme Court has vacated the Second Circuit’s ruling denying attorney-fee awards in the copyright case – but offered a balanced opinion that places a ...

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Symantec acquires Blue Coat, a leading IPR filer with a $289M loss from

Cybersecurity firm Blue Coat Systems has decided to opt-out of an initial public offering and sell itself to software security leader Symantec for $4.65 billion.  What has not been widely reported in the press ...

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Supreme Court Patent Case of the Week: Philadelphia & Trenton R. Co. v. Stimpson from

39 U.S. 448 (1840)14 Pet. 448 THE PHILADELPHIA AND TRENTON RAILROAD COMPANY, PLAINTIFFS IN ERROR, vs. JAMES STIMPSON, DEFENDANT IN ERROR. Supreme Court of United States. 451*451 The case was argued by ...

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Physically impossible, yes. But is it still obvious? from

A recent Federal Circuit decision held that a patent directed to a tool attachment for demolition equipment was obvious in view of two prior art references. The court reached this conclusion even though it did ...

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Halo v. Pulse and the Increased Risks of Reading Patents from

I wrote a short post on Monday's decision in Halo v. Pulse for Stanford's Legal Aggregate blog, which I'm reposting here.

The Supreme Court just made it easier for patent plaintiffs to ...

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“Gist” or “Heart” of the Invention Oral Arguments from

The Federal Circuit heard oral arguments in recent months where the “gist” or “heart” of the invention was discussed.  The fact that appellants/appellees, district court judges, and Federal Circuit judges are now openly using ...

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Led Zeppelin copyright case moves along from

In 'Stairway to Heaven' trial: When does inspiration become plagiarism?, Lisa Suhay in the ChristianSM explores
the copyright case involving Led Zeppelin.

The suit is brought by the trustee of the estate of deceased guitarist ...

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"There are no second acts" but there can be re-invention from

Brian O'Neill of the Pittsburgh Post-Gazette makes some interesting comments on the Hamlet plagiarism matter in his post
titled How plagiarism brings about job openings .

Mr. O'Neill's interesting article (which discusses, in ...

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The legacy of game five of the 1961 World Series from

In a post titled THE MOST UNLIKELY PITCHERS TO CLINCH A WORLD SERIES , Paul Sullivan discusses Bud Daley in game five of the 1961 World Series.

As a few footnotes, Daley went from the Kansas ...

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