Patent & IP news for February 8, 2017

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post image Willow Tea Rooms: A tale of tea and trade marks (Part 2) from

The post below follows on from Part 1 of this post regarding Ms Mulhern, owner of the mark The Willow Tea Rooms opposing  the Willow Tea Rooms Trust attempt to register the mark “The Willow ...

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post image BREAKING: AG Szpunar advises CJEU to rule that The Pirate Bay makes acts of communication to the public from

Is there a communication to the public within the meaning of Article 3(1) of the InfoSoc Directive by the operator of a website [The Pirate Bay, TPB], if no protected works are available on ...

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USPTO's Accelerated Examination Program to Be Discontinued? from

By Donald Zuhn -- Last month, the U.S. Patent and Trademark Office published a notice in the Federal Register (82 Fed. Reg. 3758) requesting comments from stakeholders regarding whether the accelerated examination program should be ...

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Federal Circuit sends Apple v. Samsung design patent damages back to where things started from

Apple and Samsung have now been embroiled in litigation for almost 70 months--the dispute's sixth anniversary is just about two months away. Many issues have been resolved over the years (at least to the ...

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Supreme Court Update: Are Secondary Indicia of Invention Relevant to Eligibility? from

by Dennis Crouch The Supreme Court is on recess until Feb 17. I don’t know if my end-of-April prediction will hold true, but I do expect Neil Gorsuch to become a Justice on the ...

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Potential Treaty To Protect Broadcasters’ IP Rights: Technicalities Explained from

Negotiations for a treaty providing protections for broadcasting organisations have been long and difficult at the World Intellectual Property Organization. In the corridors of WIPO, questions to a number of delegates are often answered with ...

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US Chamber International IP Index from

The United States Chamber of Commerce today released its fifth annual International IP Index, which makes a strong case for the positive impact of intellectual property on economies. The United States scored highest, followed by ...

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Expert’s Untimely Disclosure in Reply Report Justifies Cost Shifting of Reasonable Expert Fees from

The court denied defendants' motion to strike portions of a reply report of plaintiff's expert for introducing previously undisclosed opinions because the prejudice to defendants could be cured by ordering plaintiff to bear 2 ...

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Judge Michelle Friedland of the CA9 panel on Trump immigration matter from

Appointed by President Obama, Judge Friedland (now sitting on the appeal of Trump's immigration matter at the 9th Circuit Court of Appeals, has New Jersey and Stanford ties. From wikipedia:

She graduated from The ...

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Does the patent system view innovation as individual endeavor? from

Within the law review article titled THE EMERGENCE OF THE INNOVATIVE ENTITY: IS THE PATENT SYSTEM LEFT BEHIND? [16 J. Marshall Rev. Intell. Prop. L. 65 (2016) ] , one has text

Despite the changes the patent ...

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