Patent & IP news for December 8, 2014

When Trademarks Overlap With Other IP Rights: conference report 2 from ipkitten.blogspot.com

The second session, "Trademark and Copyrights", was chaired by former guest Kat Tara Aaron. First to speak was Professor Ansgar Ohly, who gave a breathtaking account of conflicts between trade marks and the public domain ...

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When Trademarks Overlap With Other IP Rights: conference report 1 from ipkitten.blogspot.com

The Westin Grand: a lot warmer in than out ..."When Trademarks Overlap with Other IP Rights", the International Trademark Association (INTA) European winter conference, opened today in the lovely if somewhat chilly city of Munich ...

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When Trademarks Overlap With Other IP Rights: conference report 3 from ipkitten.blogspot.com

The session which bridged coffee break and lunch was dedicated to a panel discussion on the issues raised in the previous session. in which the panellists worked their way through a matrix of topics in ...

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Tuesday tiddlywinks from ipkitten.blogspot.com

European Patent Office (EPO) latest.  There have been further developments in the saga of the continuing troubles of one of Europe's most important institutions.  As Merpel reported last night, the EPO's Enlarged Board ...

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When Trademarks Overlap With Other IP Rights: conference report 4 from ipkitten.blogspot.com

Opening the "Trademarks and Designs" session after lunch, Katfriend and internationally respected scholar Annette Kur reminded us that some of the things we are prone to label "problems" are often capable of being construed as ...

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When Trademarks Overlap With Other IP Rights: conference report 5 from ipkitten.blogspot.com

Following a thoroughly well-deserved and very much appreciated coffee break, Mark Owen (Taylor Wessing) took over the chair and introduced Kenneth Wilton (Seyfarth Shaw LLP). Kenneth continued the "Trademarks and Designs" overlap by giving an ...

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Conference & CLE Calendar from www.patentdocs.org

December 8, 2014 - "Demonstrating Patent Eligibility Post-Alice Corp. Decision -- Navigating the Nuances and Leveraging Guidance From Federal Circuit and PTAB Opinions" (Strafford) - 1:00 to 2:30 pm (EST) December 10, 2014 - European Patent Reform ...

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Court Report from www.patentdocs.org

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Reckitt Benckiser Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA Inc. 1:14-cv-01451; filed December 2 ...

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European Patent Office: examiners fear they won't "be able to ensure appropriate quality standards" from www.fosspatents.com

This morning, the EPO-FLIER team, an anonymous group of European Patent Office employees who send independent information to private email addresses of colleagues and are not affiliated with the official staff union (SUEPO), distributed two ...

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ERICSSON , INC . v. D - LINK SYSTEMS , INC . decision of CAFC cites to 1884 Supreme Court case concerning damages from ipbiz.blogspot.com

ERICSSON , INC . v. D - LINK SYSTEMS , INC .

Ericsson was the plaintiff-patentee in ED Texas. The patents concern Wi-Fi and are of relevance to standard essential patents [SEP]:


Royalty stacking can arise when a standard implicates ...

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Slicing the Bologna: Judge Chen Distinguishes this Business Method from those Found Ineligible in Alice, Bilski, and Ultramercial from patentlyo.com

By Dennis Crouch Typically, Supreme Court patent cases alter Federal Circuit precedent, while – at the same time – leaving many open questions for the appellate court to address.  That standard certainly fits the recent set of ...

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Seminar: For Access To Hepatitis C Treatments, Look At HIV Lessons from www.ip-watch.org

A seminar on innovation and access to medicine last week examined the issue of access to hepatitis C treatment, looking at the HIV/AIDS path. Voluntary licences, such as the one entered by Gilead for ...

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Attorneys’ Fees Awarded for Misrepresentation of Terminal Disclaimer and Other Litigation Mistakes from docketreport.blogspot.com

Following summary judgment of invalidity, the court granted defendant's motion for attorneys’ fees and non-taxable costs under 35 U.S.C § 285 because of plaintiff' litigation tactics. "[Plaintiff's counsel] blindly adopted and filed ...

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Kilpatrick FOIA Request Sheds Light on SAWS from docketreport.blogspot.com

According to Tech Columnist Alyssa Bereznak, Kilpatrick Townsend & Stockton recently obtained a 50-page document via FOIA that reveals information concerning the PTO’s Sensitive Application Warning System (SAWS). According to Bereznak:

Any application that is ...

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More misinformation on the Unified Patent Court - this time from the Law Society of Scotland from ipkitten.blogspot.com

This Kat was reading this press release from the Law Society of Scotland, and he choked on his catfood on the degree to which it is misleading and just plain wrong.  He has written in ...

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Top-notch patent litigator sees judicial independence at the European Patent Office compromised from www.fosspatents.com

This week's meeting of the Administrative Council of the European Patent Organisation (the multinational entity running the European Patent Office), scheduled for Thursday, is set to be the most dramatic crisis meeting in the ...

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One Bite At The Apple: PTAB Closes IPR Joinder Loophole from www.ip-watch.org

As a result of the America Invents Act enacted three years ago, the United States Patent Trial and Appeal Board (PTAB) now handles inter partes reviews (IPR)—a new trial proceeding used to challenge the ...

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Final CELS Recap: Trolls, Anticommons, M&A from writtendescription.blogspot.com

I have already posted on the papers from the Intellectual Property I session at the Conference on Empirical Legal Studies (CELS) by Aghion et al., Abrams et al., and Frakes & Wasserman. There were three more ...

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Considering the Combating Counterfeit Products Act: Who Should Ease the Burden of an Overburdened System? from www.iposgoode.ca

  Bill C-8 (the Combating Counterfeit Products Act, previously known as Bill C-56) passed third reading in the House of Commons on October 2, 2014, and is now before the Senate for further review. The Bill ...

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WTO Back At The Discussion Table On GI Register from www.ip-watch.org

An informal meeting is scheduled to take place on 12 December at the World Trade Organization on a multilateral register for geographical indications of wines and spirits. The meeting is expected to discuss how to ...

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Not so fast: Phase III Biosimilar Clinical Trial & Infringement Threat does not Create Justiciable Case or Controversy from patentlyo.com

by Dennis Crouch Sandoz v. Amgen is one of the first decisions by the Federal Circuit relating to the biosimilars and the Biologics Price Competition and Innovation Act of 2009 (BPCIA) (codified principally at 42 ...

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At WIPO This Week: Broadcasting Treaty, Copyright Exceptions And Limitations from www.ip-watch.org

After two difficult meetings, the World Intellectual Property Organization copyright committee is meeting this week with the hope of getting closer to a treaty protecting broadcasting organisations, although questions remain on scope and level of ...

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Breaking News: Enlarged Board appeals - direct to the Administrative Council from ipkitten.blogspot.com

The suspension of a Board of Appeal member by EPO President, under the guise of a "house ban", reported here, has generated enormous disquiet, not only among bloggers, attorneys and EPO union officials, but now ...

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How to stop employee theft from www.legalteamusa.net

We’ve all heard stories about employees stealing products, supplies and even money from their employers.  But one of the biggest issues facing today’s employer is the theft of what is sometimes...

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