Patent & IP news for April 10, 2017

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post image Overturning a trade mark opposition decision - Part 1 - IWATCH, descriptive goods and acquired distinctiveness from

You wait ages for a High Court appeal
against a hearing officer's decision and then two come along at once.  Two recent decisions show the various ways in which it is possible to win ...

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post image Fujifilm v AbbVie: practice, procedure and policy analysis from

This GuestKat had a fascinating Thursday evening attending AIPPI's rapid response seminar on the Fujifilm v AbbVie case ([2017] EWHC 395 (Pat)) at Allen & Overy's offices in Spitalfields.  A number of complex issues ...

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post image Unwired Planet v. Huawei: An English Perspective on FRAND Royalties from

Guest Post by Professor Jorge L. Contreras In the latest decision by the UK High Court of Justice (Patents) in Unwired Planet v. Huawei ([2017] EWHC 711 (Pat), 5 Apr. 2017], Mister Justice Colin Birss ...

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Conference & CLE Calendar from

April 11, 2017 - Patent Quality Chat webinar series - "Examination Time Analysis" (U.S. Patent and Trademark Office) - 12:00 to 1:00 pm (ET) April 18, 2017 - "The Defend Trade Secrets Act at (Almost) One ...

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The Medicines Company v. Mylan, Inc. (Fed. Cir. 2017) from

By Kevin E. Noonan -- The Federal Circuit returned to its consideration of the outcome in the District Court of The Medicines Company's ANDA litigation against Mylan and Bioniche Pharma over a proposed generic version ...

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PTAB fairness data is misleading, say more patent holders from

Not all patent owners agree the Patent Trial and Appeal Board (PTAB) is a fairer forum for vetting patent quality today. While some believe that the United States Patent and Trademark Office (USPTO) board is ...

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Why the European Commission Apple decision IS significant for policy and behaviour from

In August 2016, the European Commission issued a final decision in its investigation into the way Apple paid tax in Ireland. The sheer scale of the decision was dramatic and made headlines around the world ...

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Overturning a trade mark opposition decision - Part 2 - SOULUXE - likelihood of confusion from

The soul survivor?A mere four days after Arnold J's IWATCH decision (see here), Mann J handed down his decision in another appeal from the hearing officer.  This time the dispute centred on likelihood ...

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Willful Infringement Claim Based Solely on Post-Filing Conduct Fails as a Matter of Law from

The court granted defendants' motion to dismiss plaintiff's willful infringement claim because it was based on post-filing conduct. "Although [Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923 (2016)] rejected the [In ...

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Quote of the Day from

Chief Judge Rader’s (retired) opinion for the court in Ultramercial, Inc. v. HULU, LLC, 722 F.3d 1335 (Fed. Cir. 2013) was ultimately GVR’d (granted, vacated, and remanded) by the Supreme Court due ...

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More Rule 36 judgments by CAFC from

Back on 10 Feb. 17, MM commented on PatentlyO:

Just fyi: another small batch of Rule 36 judgments was handed down today.

On April 10, note the following under Rule 36:


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