Patent & IP news for March 22, 2018

Courts continue to struggle to find appropriate forms of injunctive relief when social media is involved: Frank Industries versus Nike from ipkitten.blogspot.com


Social media offer new opportunities for trademark owners to contact and engage consumers.  At the same time, alleged unauthorised uses of trademark by third parties in social media threads have become more and more frequent ...

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National and EU text and data mining exceptions: room for coexistence? from ipkitten.blogspot.com

If only all mining activities
were these cheerful!A few days ago this blog reportedthat Irish Government has recently proposed the introduction into Irish law (new section 53A of the Copyright Act) of a ...

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The EU's digital tax bill would burden COUNTLESS tiny app developers around the globe from www.fosspatents.com

I couldn't google a single article or statement higlighting the two ways in which even small mobile app developers will be affected by the digital tax the European Commission proposed on Wednesday (see yesterday ...

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New Process, Mandatory Disclosure Stir Reactions In WIPO Committee On Genetic Resources from www.ip-watch.org

A proposed revision of articles that could become a World Intellectual Property Organization instrument protecting against the misappropriation of genetic resources met with strong resistance from some developing countries, asking that the committee revert to ...

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Expert’s Flawed Royalty Rate Analysis Requires New Trial on $75 Million Verdict from docketreport.blogspot.com

Following a jury verdict of $75 million, the court granted defendant's motion for new damages trial because the application of plaintiff's survey expert's results by plaintiff's damages expert was unreliable. "⁠[Plaintiff ...

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Administering Patent Law: the Iowa Law Review Symposium from patentlyo.com

By Jason Rantanen I’m thrilled to announce that this fall’s Iowa Law Review symposium will focus on one of the most significant issues of patent law today: the intersection of patents and administrative ...

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Guest Post by Walker and Wasserman: Situating PTAB Adjudication Within the New World of Agency Adjudication from patentlyo.com

Guest post by Christopher J. Walker, The Ohio State University Moritz College of Law and Melissa F. Wasserman, The University of Texas School of Law In 2011, Congress created a series of novel proceedings for ...

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Welcome to Iowa Law’s New Dean, Kevin Washburn from patentlyo.com

By Jason Rantanen It’s an exciting time for Iowa Law–we have some phenomenal junior faculty members who joined us this past fall and, as of Tuesday, we have a new dean.  Kevin Washburn ...

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CAFC on NPE in Sarif case: "Importantly, Sarif did not delay in its litigation tactics" from ipbiz.blogspot.com


The outcome was affirmance of Judge Stark of D. Delaware:
*

Appellee Sarif Biomedical LLC (“Sarif”) sued Appellants
Brainlab, Inc., Brainlab AG, and Brainlab
Medizinische Computersysteme GmbH (collectively,
“Brainlab”) in the U.S. District Court for ...

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Sharing resources vs. passing off from ipbiz.blogspot.com


Of the recent plagiarism in Ridgefield, CT matter, the Hartford Courant wrote:



Schools have a hard enough time fighting plagiarism in student writing. It's critical for the adults in the system to practice what ...

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CAFC discusses claim construction, claim differentiation in Cave Consulting from ipbiz.blogspot.com



The Cardinal Chemical case is cited in Cave Consulting :


We conclude that the district court erred in its construction
of “weighted episode of care statistics,” which
resulted in an erroneous finding of infringement based on ...

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Intellectual Ventures I LLC v. Symantec Corp. (Fed. Cir. 2018) from www.patentdocs.org

By Michael Borella -- Intellectual Ventures (IV) sued Symantec in the District of Delaware, alleging infringement of U.S. Patent No. 5,537,533. The District Court invalidated the '533 patent on a summary judgment motion ...

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