Patent & IP news for April 28, 2017

ESPN: When Teflon is not enough in the face of platform disruption from ipkitten.blogspot.com


In the world of media, the mantra for over a generation has been— “pity the poor daily print newspaper”, which became the poster child for media disruption in the on-line world. With much news, once ...

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BGH on the freedom of the seas, ahm, panorama from ipkitten.blogspot.com

AIDA "kissing lips"The freedom of panorama - an exception to copyright protection that permits depicting buildings and sometimes sculptures and other art works which are permanently located in a public place without the copyright's ...

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Polish Government Drafts New Authors’ Rights Collective Management Law from www.ip-watch.org

WARSAW – Poland’s Ministry of Culture and National Heritage is drafting a new law on collective rights management which is to implement the relevant European Union legislation into Polish law. However, a think tank with ...

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New Open Source Licence For Seeds from www.ip-watch.org

The Germany-based OpenSourceSeeds initiative this month started to offer open source-licensed seeds in an effort to strengthen a form of “copyleft” for new plant varieties. The goal, according to the organisation established by academics, activists ...

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European Court Of Justice Tightens Screws On “Streaming” from www.ip-watch.org

In a judgment this week, the European Court of Justice ruled that „the sale of a multimedia player which enables films that are available illegally on the internet to be viewed easily and for free ...

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No Modification of Injunction Against Direct Competitor to Allow Infringing Sales for Orders Placed Before Trial from docketreport.blogspot.com

The court denied defendant's motion to modify a permanent judgment to allow it to fulfill orders of infringing products that were placed long before trial. "[T]he evidence at trial indicated that [the parties ...

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Major Issues in Trade Secret Law: Part 1 from writtendescription.blogspot.com

I was thrilled to attend The New Era of Trade Secret Law: The DTSA and other Developments, hosted by the IP Institute at Mitchell/Hamline School of Law and its Director, Sharon Sandeen, Robins Kaplan ...

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CAFC denies Nichia an injunction; patentee licensing weighs against a finding of irreparable harm from ipbiz.blogspot.com

The CAFC affirmed Judge Gilstrap of ED Texas in the Nichia case,
so no injunction for Nichia but infringement still stands:


Nichia Corporation sued Everlight Electronics Co.,
LTD., Everlight Americas, INC., and Zenaro Lighting,
Inc ...

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At CAFC, Nintendo wins 101 judgment on the pleadings from ipbiz.blogspot.com



This was an "Alice" case:


In March 2015, Nintendo filed a motion for judgment
on the pleadings, asserting that the claims were ineligible
under 35 U.S.C. § 101. Section 101 provides that
“[w]hoever ...

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Federal Circuit: eBay creates a four-element test (not “four-factors”) from patentlyo.com

Nichia Corp v. Everlight Americas (Fed. Cir. 2017) Nichia is the world’s largest supplier of LEDs.   The defendant here also sells LEDs and was accused of infringing three Nichia patents. U.S. Patent Nos ...

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