Patent & IP news for February 16, 2017

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post image Book review: "Brandfather: John Murphy, The Man Who Invented Branding" from

Most of us like to read the story of successful people. And there are few personalities in the IP world whose aura is so identified with success as that of John Murphy. Murphy's name ...

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post image Tartan Army scores own goal? from

The defenders' magazineVia Katfriend Gill Grassie (Brodies LLP) comes a trade mark story from Scotland, that tells the tale of the trade mark ‘Tartan Army, its alleged infringement, and the resulting decisionby the ...

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Personal Web Technologies, LLC v. Apple, Inc. (Fed. Cir. 2017) from

By Michael Borella -- Apple filed a successful petition for Inter Partes Review (IPR) of Personal Web Technologies' U.S. Patent No. 7,802,310. In its final written decision, the Patent Trial and Appeal Board ...

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Whether a Patent Right is a Public Right from

by Dennis Crouch Another interesting en banc petition by Robert Greenspoon and Phil Mann: Cascades Projection v. Espon and Sony, Appeal No. 17-1517 (Fed. Cir. 2017).  The petition asks one question: “Whether a patent right ...

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Special Report: WHO Board Sets Review Of 10-Year Effort To Boost Medicines Access, Affordability from

Once considered a breakthrough in negotiations to address problems of making cutting-edge medical products and research available to poor countries, the decade-old World Health Organization Global Strategy and Plan of Action on Public Health, Innovation ...

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New Gene-Editing Technology Whets Appetites In Health, Food Industry, Fuels Patent Fights from

A new discovery allowing easier and swifter genome editing, considered by some as a major game changer in the field of biology, is opening doors to new technological wonders in many areas, such as medicines ...

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Survey Based on Rejected Claim Construction Renders Damages Expert’s Opinion Unreliable from

The court granted defendant's motion to exclude the testimony of plaintiff's survey expert regarding one of the patents-in-suit, and all related damages estimates, as unreliable because it was based on a rejected claim ...

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Claim Construction: “support an entire body” from

by Dennis Crouch I have been waiting for the Federal Circuit’s decision in Metalcraft of Mayville (Scag Power) v. Toro.  In my patent law class last semester, we used the appeal of a preliminary ...

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Redacted oral arguments from

The oral argument in SANY HEAVY INDUSTRY CO., LTD. v. International Trade Commission, No. 2015-1780 (Fed. Cir. Oct. 11, 2016) is a bit of a mystery.  It is not available on the Federal Circuit web ...

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First Possession and Patent Law from

This is a bit abstract, but I’m wondering how you might describe the actual moment that a patent issues in terms of the creation of a new property right and transfer of that right ...

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When Machines Create Intellectual Property, Who Owns What? from

The concept of machines that can think and create in ways that are indistinguishable from humans has been the stuff of science fiction for decades. Now, following major advances in artificial intelligence (AI), intellectual property ...

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Toro loses at CAFC to MetalCraft (Scag) from

In MetalCraft, Judge Moore wrote an opinion denying the appeal of Toro
concerning a preliminary injunction:

The United States District Court for the Eastern
District of Wisconsin granted Metalcraft of Mayville,
Inc.’s [Scag's ...

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PTAB Decides CRISPR Interference in Favor of Broad Institute -- Their Reasoning from

By Kevin E. Noonan -- Yesterday, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office rendered judgment that there was no interference-in-fact between the claims in interference between the Regents ...

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