Patent & IP news for December 19, 2016

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post image Lee v. Tam and A Basket of Deplorable People from

Of the briefs filed in Lee v. Tam, the most entertaining is the Libertarian Cato Institute brief filed by my classmate Ilya Shapiro.  The official caption: BRIEF OF THE CATO INSTITUTE AND A BASKET OF ...

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post image Monday Miscellany from

Preparing for Christmas! On 12 December 2016, the European Digital Rights (EDRi), a non-profit international organisation defending civil and human rights in the digital environment, published a valuable document pool concerning the proposal of the ...

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PTAB Life Sciences Report from

By John Cravero and Richard Martin -- About the PTAB Life Sciences Report: Each month (or more frequently) we will report on developments at the PTAB involving life sciences patents. Apotex Inc. and Apotex Corp. v ...

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Conference & CLE Calendar from

December 20, 2016 - "Demonstrating Patent Eligibility Post-Alice: Impact of McRo and Other Recent Cases -- Navigating the Nuances and Leveraging Guidance From Federal Circuit and PTAB Opinion" (Strafford) - 1:00 to 2:30 pm (EST) January ...

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Apple CFO: "What the [EU] Commission is doing here is a disgrace for European citizens, it should be ashamed" from

When I described the European Commission as a "premier source of fake news" in yesterday's post, I knew from a Bloomberg tweet that the Commission's €13B "state aid" decision on Apple's Irish ...

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Blockbuster IP Term for 8-Member SCOTUS from

After the Senate's failure to move forward with Judge Garland's nomination to the Supreme Court, the conventional wisdom was that the Justices would shy away from politically sensitive cases that could lead to ...

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Groundless threats - Nvidia v Hardware Labs from

Groundless threats is one of IP's thorny issues which the IPKat most recently considered in the context of the UK Government's plans for reform.  As Jeremy succinctly noted in his post "the ...

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Technical Expert Not Qualified to Offer Opinion Concerning Secondary Considerations from

The court granted plaintiffs' motion to exclude the testimony of defendants' invalidity expert regarding secondary considerations of nonobviousness as unqualified because he had no experience in the toy industry. "The fact that [the expert] qualifies ...

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(Un)Reasonable Royalties from

For the small subgroup of people who read this blog, but don't read Patently-O, I thought I would point to a new article that I've posted called (Un)Reasonable Royalties. I won't ...

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Can a Laser end the Art Market Clone Wars? from

Like it or not, some people spend a lot of money on art. When they do, art buyers are likely unhappy when they get something other than they bargained for. Modern forgeries are a thorn ...

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Branding Names: from Air Jordan to Linsanity and Trump Toilets from

2016 was a winning year for Western trademarks in China. It produced an unprecedented number of decisions – two, to be exact – in which China won praise for protecting foreign trademarks, affirming intellectual property rights, and ...

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Happy Holidays! from

Wishing you happy holidays and a creative and innovative new year!  We appreciate your interest and support over the past year and look forward to another successful year.  We will slow down over the holiday ...

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"The Avengers" offered a view of the value of patents, circa 1965 from

Some critics of the patent system argue that the "right to exclude" is not needed because the true innovator will dominate the market simply by skill.

In the episode of the television show The Avengers ...

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CAFC in U.S. Water Services: A Genuine Dispute as to a Material Fact Bar s Summary Judgment Based on Inherent Anticipation from

In the case US Water Services v. Novozymes, the technology at issue relates to the production of
ethyl alcohol (i.e., ethanol ) from a milled grain.

link: ...

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Patentlyo Bits and Bytes by Anthony McCain from

Lauren Anderson & Ryan Cagle: An Examiner’s Tips For Speedier Patent Prosecution Jeff John Roberts: Supreme Court To Mess With Texas Over Patents Florian Mueller: Apple CFO: “What The [EU] Commission Is Doing Here Is ...

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En banc oral argument of In re Aqua Products from

The Federal Circuit sat en banc on December 9th to hear the en banc oral argument in In re Aqua Products, Inc.   Aqua challenges the Patent Trial and Appeal Board’s amendment procedures, which require ...

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