Patent & IP news for February 2, 2017

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post image Full decision of Enlarged Board of Appeal in partial priority / poisonous divisionals referral (G01/15) published from

No more from divsionalsOn 29 November 2016, the Enlarged Board of Appeal at the EPO had issued its order in case G 1/15, but not yet its decision. The Enlarged Board has said ...

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The Statute Bars Affirmances Without Opinion from

by Dennis Crouch This follows up on yesterday’s post on my new draft article “Wrongly Affirmed Without Opinion.” The basic argument in the paper is that both the Patent Act and the Lanham Acts ...

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IP Year in Review 2016 – An Honourary IP Osgoode Year! from

As we get busy in 2017, it is always useful to reflect back to 2016 to see developments in the IP world that will set the stage for many ongoing changes that are already taking ...

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Defendant’s Delay in Seeking Summary Judgment Warrants Denial of Attorney Fees Award Under 35 U.S.C. § 285 from

Following summary judgment of laches and equitable estoppel, the court denied defendant's motion for attorney fees under 35 U.S.C. § 285 because plaintiff's litigation positions were not unreasonable. "If these defenses were ...

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Qualcomm's two mutually-reinforcing monopolies: SEP thicket, baseband processor chipsets from

In late December, the Korea Fair Trade Commission held Qualcomm in violation of antitrust laws, and after a reader pointed me to what appears to be Qualcomm's unofficial translation of the decision, I promised ...

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N.D. Cal New Disclosure Rules from

By Dennis Crouch The N.D. California Court has amended its local rules used for patent infringement cases. [patent_local_rules_1-2017]. One of the most interesting change is the required “damages contentions.” Initial Case Management: The parties ...

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Violation of a nondisclosure agreement can cause $500 million in damage! Ask Oculus. from

VentureBeat noted:

Carmack and Palmer said they didn’t take any ZeniMax technology, and the jury agreed that they were not guilty of the most serious allegations of theft of trade secrets. But the jury ...

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Where to Search Decisions on Petitions to the USPTO from

Alyssa Novak

As any attorney knows, when it comes time to make an argument, it is helpful to know how similar cases have been handled. For case law, there are many easy-to-navigate legal databases that ...

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The "Rule 36" practice of the CAFC from

In a post at PatentlyO titled Wrongly Affirmed Without Opinion , Dennis Crouch raises the issue that, as to Rule 36 Affirmances Without Opinion, "the Federal Circuit is required by statute to issue an opinion in ...

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