Patent & IP news for January 10, 2017

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Phigenix, Inc. v. ImmunoGen, Inc. (Fed. Cir. 2016) from

By Andrew Williams -- Can any petitioner appeal a Board's final written decision from an inter partes review or post grant review proceeding? Contrary to the language of 35 U.S.C. § 141(c) which ...

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After 15 Years In WTO, China Still Weak On Many IP Rights Rules, US Says from

Innovation and intellectual property rights have set the United States apart from competitors in recent history, and China seems intent on closing that gap any way it can. A US trade office report out this ...

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Book Review: Interactions Of Climate Change And The Global IP System from

Climate change is prompting the need for new technologies to address the consequences of the weather changing patterns. A book authored by a number of scholars provides an introduction to the interactions of climate change ...

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Proving the existence of Functional Limitations in the Prior Art from

In re Chudik (Fed. Cir. 2016) This non-precedential decision offers a nice refresher on the law of anticipation for functional claim elements and discusses the patent casebook favorite – In re Schreiber, 128 F.3d 1473 ...

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Conflicts Counsel for Third Party Discovery Must be Walled Off From Trial Counsel from

Following an order that plaintiff obtain conflicts counsel to pursue third party discovery from a former client of plaintiff's trial counsel, the court issued a second order addressing how conflicts counsel should function. "I ...

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Research Groups Seek Stronger Protections In EU Copyright Reform Proposal from

European lawmakers should boost protections for researchers and educators in the European Commission proposal for a directive on copyright in the digital single market, five research organisations said today. Among other things, lawmakers and policymakers ...

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Osgoode’s IP Intensive Program at a Glance from

The Intellectual Property Law and Technology Intensive Program (IP Intensive) is a unique program offered at Osgoode Hall Law School that gives students practical, experiential education in a workplace setting for an entire term in ...

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IP Intensive: At the Heart of the Storm – A Semester at the Globe & Mail from

My semester interning at the Globe & Mail as part of Osgoode’s IP Intensive program was enriching and memorable. It allowed me to gain valuable practical experience that built upon the academic perspectives of law ...

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Guest Post - China's Patent Boom from

The IPKat is delighted to receive this guest post from Yangjin Li (details at the end of the post)
World Intellectual Property Organization recently published its annual World Intellectual Property Indicators report. This report states ...

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IP Intensive: A Semester at ISED – An Unforgettable Experience from

As part of Osgoode’s Intellectual Property (IP) Intensive Program, I was placed at Innovation, Science, and Economic Development Canada (ISED) for 10 weeks. As the department of the Government of Canada charged with a ...

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IP Intensive: Going the Distance (In Education) – Expanding my Legal Skills through a Semester at TVO from

I must confess, I never thought having a background in children’s theatre performance would ever factor into my law school education. Although it was a lifetime ago that I was holding court before gymnasiums ...

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Separation of Powers Restoration Act from

by Dennis Crouch The Separation of Powers Restoration Act has been reintroduced in the House of Representatives (H.R. 76) and will likely be quickly passed either alone or as part of the larger Regulatory ...

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IP and Federalism: An Expanding Field from

Thanks to those of you who attended the "Intellectual Property & Federalism" panel at AALS, moderated by Jennifer Rothman and organized by Joe Miller. I truly enjoyed each of the presentations of my fellow panelists: Guy ...

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In Phigenix v. Immunogen, the CAPC discusses the "injury in fact" requirement for standing in appeals from USPTO decisions from

Overview of the case:

Appellant Phigenix, Inc. (“Phigenix”) sought inter
partes review of U.S. Patent No. 8,337,856 (“the ’856
patent”), alleging that claims 1–8 (“the Asserted Claims”)
of the subject patent ...

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