Patent & IP news for October 11, 2016

Academics stress importance of preserving consistency and integrity of EU framework on content monitoring from ipkitten.blogspot.com

Professor Kat McKitten
writing his diary at workA group of EU-based academics (including myself) has just published a letter addressed at a number of EU institutions [you can see the one addressed to the ...

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General Court confirms that body-builder silhouette cannot be registered as a trade mark for nutritional supplements from ipkitten.blogspot.com

The body-builder silhouetteCan “a silhouette, represented in black, of a person adopting a typical body-building pose displaying the muscles of his body” be registered as a trade mark for – among other things – nutritional supplements ...

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Can the Curve combat piracy? from ipkitten.blogspot.com


I have just finished Nicholas Lovell’s excellent book, The Curve.  He looks at business in the post digital world and suggests that the digital world has reduced the value of many products to close ...

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Does the Patent Statute Cabin-in the Abstract Idea Exception? (Yes) from patentlyo.com

by Dennis Crouch In a new Supreme Court petition, Trading Technologies (TT) has again challenged USPTO and Federal Circuit eligibility determinations. TT v. Lee asks the following question: Given that 35 U.S.C. § 100 ...

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Servier successful before Henderson J in introducing defence based on the Department of Health's prescribing/reimbursement practices from ipkitten.blogspot.com

We are now into the Autumn season and the Michaelmas term, which means an influx of new court judgments.  This author was delighted to stumble upon the latest decision in the intriguing litigation between Secretary ...

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The proposed press publishers' right: is it really worth all this noise? from ipkitten.blogspot.com

Again on the proposal
(for a directive on copyright
in the Digital Single Market)As reported and covered in a number of previous posts [here, here, here], in the context of its Digital Single Market ...

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RWS Inovia Releases 2016 Report on Global Patent Trends from www.patentdocs.org

By Donald Zuhn -- Patent services provider RWS inovia recently released its seventh annual report on global patent and IP trends. In compiling "The 2016 U.S. Global Patent & IP Trends Indicator," RWS inovia, which produces ...

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Which “Brazil” Will Chair The Marrakesh Treaty Assembly? from www.ip-watch.org

The supposedly impossible happened: The Marrakesh Treaty entered into force on 30 September, three months after reaching the necessary minimum of 20 ratifications. By then, 22 countries had done so – two more did so during ...

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EPO Staff Seek WIPO-Style Disciplinary Guidelines As Reports Show High Levels of Discontent from www.ip-watch.org

With management-staff relations at the European Patent Office still spiralling downward, staff members are pressing the office's governing council to consider adopting proposed disciplinary and investigation guidelines currently under discussion in the World Intellectual ...

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WIPO Assembly Adopts Revisions For Stronger Oversight, Protection Of Whistleblowers from www.ip-watch.org

After much negotiation, amendments to a World Intellectual Property Organization internal oversight mechanism were adopted today by WIPO General Assembly. Under the amendments, investigating allegations of wrongdoing of high-ranking WIPO officials will be made more ...

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Preliminary Injunction Denied in Light of Pending IPR of Similar Patent Claims from docketreport.blogspot.com

The court denied plaintiff's motion for a preliminary injunction prohibiting the sale of the accused DNA sampling products because plaintiff failed to establish a likelihood of success on the merits due to pending inter ...

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Washington Redskins Must Wait Their Turn for High Court from www.iplawalert.com

On October 3, 2016, the U.S. Supreme Court announced that it would not take up an appeal by the Washington Redskins regarding the constitutionality of a Lanham Act provision that prevents registration of trademarks ...

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Patentee Fairwarning loses 101 case at CAFC; McRO, Inc. v. Bandai Namco Games America Inc. distinguished from ipbiz.blogspot.com

Fairwarning v Iatric was a 101 case that came out unfavorably to the patentee:


FairWarning IP, LLC, appeals a judgment of the
United States District Court for the Middle District of
Florida dismissing its suit ...

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Pokémon Go: Augmenting Legal Reality from www.iposgoode.ca

Even in 2016, it is tempting to treat the Internet as separate from the bricks-and-mortar world. As much as we might like to keep them apart, Augmented Reality apps like Pokémon Go will force the ...

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Apple v. Samsung Oral Argument Thoughts from writtendescription.blogspot.com

The Supreme Court heard Apple v. Samsung (technically Samsung v. Apple) today. The transcript is here. This post is short and assumes some knowledge of the issues: the tea leaves appear to be that many ...

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Oral argument in Samsung v. Apple from www.717madisonplace.com

The Supreme Court of the United States heard oral argument in Samsung v. Apple today (October 11, 2016).  The transcript of the oral argument is available [here].  The recording of the oral argument will be ...

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