Patent & IP news for October 13, 2016

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post image A close look at survey methodology for proof of acquired distinctiveness from

The grounds for the German Federal Court of Justice's decision in the Sparkassen Group/Banco Santander dispute over the validity of Sparkassen's colour mark "red" (HSK 13) for financial services, namely retail banking ...

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post image Do declarations of non-infringement work for trade mark litigants? from

The Sky's the limit?Declarations of non-infringement or DNIs are common in the patent world whether as part of a pre-emptive “clearing the way” strategy or as a counterclaim to alleged infringement.

But do ...

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post image Never Too Late: If you missed the IPKat last week! from

Been away and want to catch up on last week's IP news? No problem! As always, the IPKat team is here to bring you a quick summary: here comes the 117th edition of Never ...

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German High Court Paves Way For Government To Sign CETA, Hands Down Conditions from

The German Constitutional Court in a fast-track decision today rejected the granting of emergency injunctions against a German signature of the Comprehensive Economic and Trade Agreement (CETA) of Europe with Canada.

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Supreme Court Update: Extending the ITC’s Reach Beyond US Borders from

by Dennis Crouch Constitutional Challenge to Inter Partes Review: Although the Constitutional issues in Cooper v. Lee and MCM v. HP were law-professor-interesting, they were not substantial enough for certiorari.  The Supreme Court has now ...

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Glass Recycling Patent Not Invalid Under 35 U.S.C. § 101 from

The court denied defendant's motion for judgment on the pleadings on the ground that plaintiff’s glass recycling patent encompassed unpatentable subject matter because the asserted claims were not directed toward an abstract idea ...

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Thursday Thingies from

On 4 October 2016, the Intellectual Property Office of Singapore and India’s Department of Industrial Policy & Promotion signed a Memorandum of Understanding (MoU) on Industrial Property cooperation. This is the first MoU on this ...

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EU Patent Court Launch Uncertain But Will Happen, Says Preparatory Committee Chief from

LONDON -- Britain's vote to leave the European Union is just another “speed bump” along the path to a European unified patent and patent court, the head of the committee tasked with preparing the way ...

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Apple v. Samsung: stark contrast between Supreme Court and Federal Circuit from

Within a few days of each other, the Supreme Court of the United States and the United States Court of Appeals for the Federal Circuit had Apple v. Samsung on their agenda. One week ago ...

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