Patent & IP news for November 3, 2016

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Navigating Fragmented Laws And Systems Around Tobacco Packaging Lawsuits from

Sitting between different rights, powers and principles at the intersection of differing legal regimes is the case of Philip Morris v Uruguay. The case, which concerns Uruguayan regulations that impose enlarged graphic health warning requirements ...

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BREAKING NEWS Brexit - High Court rules Government cannot Invoke Article 50 under Crown Prerogative from

This Kat sat in Court for two of the three days of the legal argument in the "Brexit Challenge" - a legal case in the High Court of England and Wales in which two groups of ...

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Assertion of Privilege for Communications With In-House Counsel Requires Proof That Communications Qualify as Legal Advice from

The court granted in part plaintiff's motion for an order allowing it to use documents at trial over which defendant claimed privilege. "[W]ith regards to certain emails, [defendant] did not identify to the ...

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There’s No Such Thing as a Content Based Unconstitutional Condition from

I asked my former student Zachary Kasnetz to write this post on his forthcoming article explaining the Federal Circuit’s errors in its en banc Tam decision. A draft version of his article is available ...

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PTAB reverses obviousness based on inherency and design choice – but then enters new design choice rejection from

Takeaway: In an obviousness rejection, the Examiner relied on several alternative theories for the range of values claimed for a material property of foam: inherency, design choice, and overlapping ranges. The Applicant appealed, and the ...

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