Patent & IP news for March 24, 2017

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MARQUES Class 46 (trade marks)Spreading the word: EUIPO reaches out to OAPI
See the information below received by MARQUES, which “will probably not affect the immediate workload of our practitioner readers, but it does ...

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post image "What is this thing called love, this funny thing called love"? And while you're at it, what is a covenant not to sue? from

“…[W]hat is this thing called love, this funny thing called love”? (song by Cole Porter)

Some topics in IP attract more attention than they deserve, while others are underappreciated. Think about all the academic ...

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post image The Perks of Being a Coffee Seller - Star Box from

"Coffee Cat" was the punny headline that caught reader Chris Ellins's (Westminster Law School) eye. Chris wrote in to let us know that something was brewing in Swiss Cottage. In a Doppio-and-Goliath fight, Doppio ...

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Patent Exhaustion Policy Tradeoffs in the Impression v. Lexmark Oral Argument from

Rather than grappling with the hard economic policy issues that patent exhaustion presents, the Justices were surprisingly quiet during Tuesday's oral argument in Impression v. Lexmark. I've previously discussed the Federal Circuit decision ...

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SCA Hygiene Products Bars Laches Defense During 6-Year Limitations Period from

Having previously observed that "the doctrine of laches likely bar[s] the plaintiff’s claims," the court denied defendant's motion for summary judgment on its laches defense in light of the Supreme Court's ...

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Patents as property rights — mining patents, that is from

The Federal Circuit issued a different kind of patent opinion last week — a decision relating to patents on mining claims.  Apparently, the patents that the US government issues for mining claims are considered property rights ...

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USPTO Working Group on Regulatory Reform from

Under the direction of the White House, the USPTO has formed a “Working Group on Regulatory Reform.”  To implement the 2-for-1 regulatory agenda previously outlined on Patently-O. According to a release from Dir. Michelle Lee ...

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The end of the word is here: In re Alsabah from

The oral argument of the day is In re Alsabah.  I hope the appellant requests re-hearing in this rule 36 judgment.  The outcome seems inconsistent with the Federal Circuit’s statement in In re Smith ...

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TVIIM case at CAFC illustrates hazards of not contesting claim constructions from

The CAFC affirmed ND Cal and TVIIM lost:

TVIIM, LLC (“TVIIM”) sued McAfee, Inc. (“McAfee”)
in the United States District Court for the Northern
District of California for infringement of U.S. Patent No.
6 ...

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Kyle Bass loses challenge to MS drug Tecfidera on US Patent 8,399,514 in IPR2015-01993 from

Kyle Bass lost his attack on Biogen's MS drug Tecfidera.

The issue was one of obviousness, and the case turned on "unexpected" results.
Curiously, while the Board relied on the testimony of Biogen's ...

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