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Mr Justice Arnold foresees no infringing saline use in Actavis' pemetrexed future
The AmeriKat taking a much needed nap in preparation for opening all those Valentine's Day cards... If you were at a loss as to what to get that special patent litigator in your life this Valentine's Day , look no further.  Mr Justice Arnold seems to have heard your cries for help in...
Fed Cir Says PTAB Can Consider Less Than All Challenged Patent Claims in IPR
This week, the Court of Appeals for the Federal Circuit reinforced the PTAB’s interpretation that the AIA gives it authority to institute proceedings using the claim-by-claim approach. Alyssa Novak The Leahy-Smith America Invents Act (AIA) created post-grant proceedings at the USPTO to...
High Schooler’s “Murder” Tweet Isn’t “Cyberstalking”–State v. Kohonen
Ruh roh. Teens and Twitter. What could possibly go wrong? In 8th grade, SG reported Jessica Kohonen’s behavior, which led to her suspension. [Note: the court uses the alias JK in the opinion but the caption has Jessica’s full name. Is this her Instagram account ?]. 2 years later, in 10th grade...
WHO Full Speed On Zika R&D, Two Candidate Vaccines Emerging; Funders, Journals Commit...
In an update on research and development against the Zika virus, the World Health Organization today said several companies are working on diagnostic tools, and two candidate vaccines are being considered. Discussions are ongoing with countries to encourage sharing of samples of...
Driessen v. Sony Music Entertainment (Fed. Cir. 2016)
By Joseph Herndon -- On February 10, 2016, the Federal Circuit issued a nonprecedential opinion in a case captioned Driessen v. Sony Music Entertainment, Best Buy Stores, Fye, & Target Corp. addressing issues related to means-plus-function claims and written description...
To Annoy or Not To Annoy: That Was The Question
Remembering One of the Original Constitutional Challenges to the CDA Clinton Fein is South African born artist, writer, activist & social media strategist, best known for his Torture exhibition—photographic reenactments based on the notorious images from Abu Ghraib prison in Iraq—and his...
Life of a national/EU trade mark ... in a map
Is trade mark law difficult?  Usually, the response that one gets (with a serious/defeated tone) when asking this question is: "Yes because of the Court of Justice of the European Union that has added all those trade mark functions". But apparently trade mark law is difficult in...
Discussions On Genetic Resources, Traditional Knowledge Resume At WIPO Against Stormy...
After a hiatus of one year, the WIPO Committee working on the protection of genetic resources, traditional knowledge and folklore against misappropriation resumes its work next week. The subject is touchy, with most developing countries asking for legal protection, while some developed...
Thursday Thingies
The cat as patent star --It is rare that the IPKat and its ilk find themselves part of a patent appeal. For that reason, the IPKat thanks Kat friend Sam Adams of Müller-Boré & Partner for bringing to our attention paragraph 18 of EPO Technical Board of Appeal 3.5.06, given on November...
MPAA May Like Donuts, but They Shouldn’t Be the (Copyright) Police
The companies and organizations that run the Internet’s domain name system shouldn’t be in the business of policing the contents of websites, or enforcing laws that can impinge on free speech. The staff of ICANN, the organization that oversees that system, agrees . That’s...
Kenyan Musicians Escalate Fight For Royalties
NAIROBI, Kenya -- The battle for music royalties in Kenya has spurred musicians and artists to demand transparency and accountability in the Music Copyright Society of Kenya (MCSK), the body that collects and distributes the fees.
Celltrion's Proposed REMICADE® Biosimilar Recommended for Approval
By Andrew Williams -- Earlier today, the FDA's Arthritis Advisory Committee recommended approval of biologics license application ("BLA") 125544 submitted by Celltrion, Inc. for CT-P13, a proposed biosimilar to Janssen Biotech Inc.'s REMICADE (infliximab) anti-TNF-α antibody...
Hacky Sacker’s Publicity Rights Claim Against Energy Drink Tossed–Martin v. 5-Hour Energy...
shutterstock/nel4 – footbag color on white background Johannes (Ted) Martin was (and is currently) the world record holder for “most consecutive kicks (no knees)” of a hackysack. A five hour energy drink made an advertisement depicting an unknown actor claiming he...
EU Regulation On Identifier For Medical Products Published
An anti-counterfeiting regulation on a unique identifier for medical products to ensure their authenticity was published today in the European Union.
Plant Treaty In 2016: Sustainability Solutions, Farmers’ Rights, Global Information System
The International Plant Treaty, which established a global system to make available genetic materials for main agricultural crops for farmers, plant breeders and scientists, and in exchange provide a system of benefit sharing, has been struggling to find ways to be financially sustainable...
2016: UPOV Works To Improve Breeders’ Applications, Civil Society Calls For Alternative...
The Geneva-based International Convention for the Protection of New Varieties of Plants (UPOV) provides intellectual property rights protection for plant breeders. In 2016, the organisation is planning to work on systems to facilitate breeders’ applications for new varieties...
Avid Technology, Inc. v. Harmonic, Inc. (Fed. Cir. 2016)
Lesson for Defendant-Appellee's: Provide Responsive Arguments on Appeal By Joseph Herndon -- On January 29, 2016, the Federal Circuit issued an Opinion in Avid Technology, Inc. v. Harmonic, Inc. in which the judgment of the District Court was vacated, and the case was...
Never too late: if you missed the IPKat last week
Were you away or just too busy to read the IPKat last week? As usual, nothing to worry about: thanks to our dear friend and colleague Alberto Bellan it is #NeverTooLate (now on its 84 th edition) to catch up. So here’s what happened on this very blog last week: * PhD Student...
Book Review: Indigenous Intellectual Property
Almighty tomes occasionally cross this Kat's desk for review, and she was very excited to receive her copy of Edward Elgar's Indigenous Intellectual Property . Part of the publisher's series of research handbooks on IP, this book, "considers the international struggle to provide for proper...
The Year Ahead In Biotechnology And Intellectual Property
The year 2016 promises to be rich in debates on plant patenting, protection of genetic resources and traditional knowledge, and biopharmaceuticals. Here are some key issues and dates to watch for.
Conference & CLE Calendar
February 8-9, 2016 - Naples Patent Experts Conference (University of Akron School of Law) - Naples, FL February 9, 2016 - Patent Quality Chat webinar series (U.S. Patent and Trademark Office) - 12:00 to 1:00 pm (ET) February 9, 2016 - "Caught in a web -- how the court in Kimble v. Marvel...
USPTO Patent Quality Chat Webinar Series
The U.S. Patent and Trademark Office will be offering the next webinar in its Patent Quality Chat webinar series on February 9, 2016 from 12:00 to 1:00 pm (ET). The latest webinar, which will be hosted by Kathleen Fonda of the Office of Patent Legal Administration (OPLA), and Tom...
Webinar on Enablement and Written Description
Strafford will be offering a webinar/teleconference entitled "Section 112(a) Enablement and Written Description: Leveraging CCPA and Early Federal Circuit Decisions -- Capitalizing on Past Precedent to Withstand 112(a) Rejections and Attacks on Patent Validity and...
Funcionarios de comercio firmaron el TPP, pero depende de los legisladores el rechazarlo
Altos funcionarios de los países que participan del Tratado Trans-Pacífico (TPP en inglés) se han convocado en Nueva Zelanda esta semana para firmar el acuerdo final. Pero en realidad esta ceremonia es simplemente una formalidad. Desde noviembre del año pasado, desde el día que...
Star Wars: Good or bad for movie myth-making?
Software aside, copyright protection is seldom viewed as a means for acquiring market leadership in content-creation industries. Truth be told, the treatment of such a clearly functional creation as software as a literary work has always required a bit of analytical sleight-of-hand. In any event...
N.D. of California finds Prosecution Estoppel Based on IPR
In a recent decision, the Northern District of California decided that a patent owner’s submissions in an inter partes review constituted a prosecution disclaimer for claim construction purposes. Ann Robl In a recent decision, the Northern District of California decided that a patent...
Katcall for new positions in the IPKat team
The IPKat is pleased to announce a new and exciting opportunity for aspiring community bloggers!  Considering the running of the IPKat blog in the future, the IPKat team is proposing to create a new role, to be called "InternKat". The IPKat team is therefore looking...
Special Feature: WHO Still On Trail Of New Financing For R&D For Poor Populations’...
World Health Organization members are expected to meet this spring to assess progress and discuss potential solutions to the lack of financing for research and development for diseases affecting primarily developing countries. The WHO Executive Board last week...
200 Companies, Organisations Worldwide Promote Stronger Encryption
Nearly 200 organisations, companies and others from 42 countries have signed an open letter to the international community demanding that stronger encryption tools be allowed to be developed and used. The letter describes encryption tools and services as vital components of...
Thursday Thingies
OHIM has announced the opening of the entry period for DesignEuropa Awards 2016 . All designs entered must be valid Registered Community Designs (RCD).  The award is in partnership with the Italian IP office, UIBM and is awarded in three categories: industry, small &...
Job Vacancy: Digital Image Rights and Reproduction Specialist
I don't normally post job openings, but this one looked cool. The Smithsonian Institution is looking for someone that researches, negotiates, obtains, and documents licenses from copyright holders to use images of NPG collection objects in exhibitions, programs, and publications, as well...
Wired – UNICEF Invests $9m In ‘Open Source’ Tech To Save Children’s Lives
The United Nations will fund 60 startups to create open source technologies to improve the lives of children in developing countries. Unicef, the children's charity run by the UN, will channel more than $9 million into startups based on venture capital-style investing. But it isn't...
Trade Officials Sign the TPP But It's Still Up to Lawmakers to Reject It
Top officials of countries involved in the Trans-Pacific Partnership (TPP) are convening in New Zealand today to sign the final agreement. But really this ceremony is just a formality. We knew since November, from the day they announced a completed deal and made the text public...
Trends in IP Data
You can't touch IP, most litigation devotes significant energy to even defining a right, and, by definition, any particular right is unique. So, how do you measure IP? Data on IP is scarce; inaccessible registries, unregistered rights and privately held information don't help. Yet, recent trends in...
The Conversation – Netflix’s VPN Ban Proves We Need To Develop A Global, Legal Digital...
In mid-January, Netflix announced a ban on the use of proxies, unblockers, and virtual private networks (VPNs)—all technical work-arounds to view movies and TV programs unavailable in the subscriber’s country. This announcement coincided with the company’s global...
US trade secrets legislation on the way to full Senate consideration
Like the California sky in January, will the future be bright for the DTSA as it floats towards full Senate consideration? Last Thursday, the US Senate Committee on the Judiciary reported the proposed Defend Trade Secrets Act (DTSA) out of Committee (see video here ).  This means...
Estamos con Diego. ¡Apoyemos el Acceso Abierto!
Hay una batalla que está ocurriendo sobre el futuro de las publicaciones académicas, pero el impacto que este combate tendrá en el mundo será cualquier cosa menos académico. Los riesgos son altos, y hay víctimas reales. Este 1 y 2 de Febrero, se llevarán a cabo unas...
Last Chance Meeting To Agree On How WHO Engages With Non-Government Actors In April
World Health Organization members last week agreed to meet for a final session in April to discuss the framework regulating the engagement of the organisation with “non-state actors,” such as non-governmental and philanthropy organisations, and the private sector.
German Federal Patent Court (partially) invalidates 80% of litigated patents
Patent grave yard? A study by Hess, Müller-Stoy and Wintermeier provides an interesting empirical look at the invalidation rate before the German Federal Patent Court and German Federal Court of Justice. Based on data from 2010 to 2013, the authors report that the Federal Patent...
Stand with Diego. Support Open Access.
There’s a battle taking place over the future of academic publishing, but the impact that battle will have on the world is anything but academic. The stakes are high, and there are real casualties . Today and tomorrow, there’s an oral hearing taking place for Diego Gomez , a Colombian...
Never too late: if you missed the IPKat last week
Away last week or too busy to read the IPKat? As usual, don’t worry because our friend and colleague Alberto Bellan is back with his Never Too Late feature, now on its 83 rd edition. This is what happened on this very blog last week: * Postcard from the Valley: Patent trolls alive and...
Intellectual Property meets Antimonopoly law in Japan
The IPKat is always delighted to receive IP-related news from outside Europe and the US, which tends to be the main focus of the blog.  This time, we have received news from Japan from Katfriend Kaori Minami  of Squire Patton Boggs . Kaori Minami The Japan Fair Trade...
WHO Report: 45 Million New Jobs In Health Workforce By 2030
A new report from the World Health Organization says there will be 45 million new jobs in the health workforce worldwide by the end of the UN Sustainable Development Goals in 2030. But most of the new jobs will be created in upper-middle and high-income nations.
WHO Board Debate: High Prices Sow Seeds Of Fake Medicines In Developing Countries
Fake and poor quality medicines are still a growing public health concern particularly in developing countries, according to some World Health Organization members, who said at last week's WHO Board meeting that the problem comes from the unaffordability of medicines and...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Purdue Pharma L.P. et al. v. Amneal Pharmaceuticals LLC 1:15-cv-00831; filed September 17, 2015 in the District Court of Delaware • Plaintiffs: Purdue Pharma L.P.; P.F...
The Commerce Department Has Good Recommendations For Fixing Copyright Law...
The U.S. Commerce Department released its long-awaited White Paper on fixes to copyright law yesterday and it's a pretty mixed bag. It includes some good recommendations on how Congress should change the law, but punts on some crucial enduring problems. This paper grew out of...
Evaluation Starts On WHO Global Strategy For Public Health, Innovation, IPRs
This morning, World Health Organization Executive Board members took note of a report by the WHO secretariat on the evaluation of the organisation’s global strategy and plan of action on public health, innovation and intellectual property. An inception report by the evaluation team was...
So you are at the museum: has that painting been preserved, restored or maybe even replicated?
This Kat had the luxury of doing a first degree in Medieval History before he set out to find a field that might gainfully employ him. As a result of his studies, he developed a fascination with someday visiting the Cité de Carcassonne in southwestern France. Crumbling and set for demolition...
Rather a double life: 26 extra years of copyright for Beatrix Potter
This Kat would like to thank his solicitor colleague Tristan Sherliker  for this interesting copyright mewsing.  In a real-world fairytale story this week, the discovery was announced of a previously unpublished work by beloved mycologist (also children's author) Beatrix...
Friday fantasies
Following the sad news of    David Keltie's  passing, the IPKat has now learnt the details of the celebration of David's life: it will take place  in Southwark Cathedral at 3:30pm on Thursday 10 March. Space is limited, and those who would...
IgniteOKC Happy Hour February 18th!
Join the IgniteOKC Leadership Crew in kicking off its 9th season on Thursday, February 18, 2016, at 5:30 p.m. at Anthem Brewery (908 SW 4th St.) for primo beer and food truck nibbles from The Saucee Sicilian. Elizabeth Lauderback Want to be part of the cool kids' group? Have...
European Patent, Plant Variety Offices Boost Cooperation
The European Patent Office (EPO) and Community Plant Variety Office (CPVO) will cooperate more closely in the area of plant-related patents and plant variety rights, they said on 11 February.
Changes Among IP Experts In Private Sector, Law Offices And More
Movements at the World Economic Forum, the United States Patent and Trademark Office, along with changes in the academic and private sectors worlds marked the beginning of 2016. The early part of the new year has also brought some changes in the intellectual property divisions of law...
Why it may not be possible to provide a comprehensive explanation of trademarks
Fellow Kat Eleonora asked in her post of yesterday -- “Is trademark law difficult?”, focusing on the complexity of the trademark registration process. A similar question recently occurred to this Kat, but from a different direction. True, the trademark registration process can be complex, but with...
US Congress Passes Customs Bill With Strong IP Enforcement Provisions
The United States Congress today (11 February) passed the Trade Facilitation and Trade Enforcement Act, establishing clearer rules on customs officials' work to stop infringing goods from entering the US. The Act creates a new National IP Coordination Center for coordinating...
California Department of Justice Agrees to Stop Skirting Open Meeting Rules
The California Department of Justice (CADOJ) is ending its practice of holding meetings in ways that impede the public's ability to meaningfully participate in oversight of the state's sprawling network of police databases. The new reforms, announced in response to EFF advocacy, will...
Surveying Ten Years Of Top Internet Law Developments (Forbes Cross-Post)
Photo credit: Gold 10th 3d Number // ShutterStock I’ve been writing an annual list of top Internet Law developments for a decade, so I thought it might be fun to look back at my #1 ranked development in each of the past 10 years. Let’s take a stroll down memory lane at what I listed as the...
US Industry IP Index Rates Nations
The United States Chamber of Commerce has released an index rating countries on their use and treatment of intellectual property and innovation, finding the United States to be top in the world. The report scores the largest emerging economies relatively low, including China...
President Obama Sends Two WIPO Copyright Treaties To US Senate For Ratification
Today, United States President Barack Obama sent two signed multilateral copyright treaties negotiated at the World Intellectual Property Organization to the US Senate for ratification.
Music Copyright 101: A Brief Rundown Of Legal Status In The United States
“The world of music rights is divided into two major segments: compositions and sound recordings,” said Kenneth Steinthal, partner, King & Spalding, San Francisco, who opened a panel at Yale Law School last week with a baseline understanding of music copyright. Steinthal gave
Wednesday Whimsies
IP educational initiative --The Intellectual Property Office and Baroness Neville-Rolfe, Minister for Intellectual Property, announced today a new government initiative to help UK schools promote what the initiative calls "vital Intellectual Property education.” The announcement states...
White House Executive Order on Privacy Falls Short
This morning, the White House announced an Executive Order establishing a federal interagency privacy council composed of senior privacy officials from two dozen federal agencies. While seeming to offer some promise, however, the council has a limited mandate, and ultimately...
Performer Lady Gaga (And Mom) Defend Internet Domain
Well-known performer Lady Gaga successfully gained ownership of a web address in the name of her foundation, according to a World Intellectual Property Organization document released today. The domain, ladygagafoundation.com, was the subject of a domain...
Not Mormon®, But Still Mormon
Who is a Mormon? This is a fundamental question of self-identity, religion, and even Wikipedia . One would think, however, that that answer would not be found in trademark law. Intellectual Reserve, Inc. (IRI), which owns and manages the trademarks of the Church of Jesus Christ of...
Arnold J's latest judgment flags down the iconic (but not distinctive) London black cab
In warmer times, the AmeriKat can be found on Broadway hailing the iconic yellow cabs to take her to Bloomingdales for some light shopping.   Outside her window this morning, the AmeriKat is watching the iconic yellow cabs of New York racing workers and tourists up and down the...
U.S. Patent No. 8,678,928: System and method to deliver video games
U.S. Patent No. 8,678,928: System and method to deliver video games Issued Mar. 25, 2014, to AT&T Intellectual Property I, L.P. Summary: The ‘928 patent covers set-top boxes that rely on user logins to access previous game information. The set-top box connects to a...
Sweden Telecom Official Göran Marby Named To Lead ICANN
Senior Swedish official Göran Marby today (8 February) was announced as the new president and CEO of the Internet Corporation for Assigned Names and Numbers, succeeding Fadi Chehade who leaves the ICANN to join the World Economic Forum in mid-March. Marby will be...
The Battle for the Web: Five Years After Egypt's #Jan25 Uprising
Behind the Western-supported government of President Abdel Fattah el-Sisi’s lies a troubling trend threatening free speech in Egypt. CPJ’s latest figures list Egypt as the second highest jailer of journalists, second only to China. According to the organization’s 2015 prison census , 82%...
The Zika Virus Challenge: Mapping A Policy Path To Vaccine Development
The lack of preparedness to counter the effects of Zika virus follows a familiar script - a virus known since 1947, but one that has no currently available vaccine or treatments, like many neglected tropical diseases. This case could be illustrative of the wider struggle to finance investments into...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Astellas Pharma Inc. et al. v. Apotex Inc. et al. 1:15-cv-00857; filed September 22, 2015 in the District Court of Delaware • Plaintiffs: Astellas Pharma Inc....
Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits
The litigation over Facebook’s sponsored stories occurred what seems like eons ago. Recently, the last of it wrapped up (although the latest ruling is the subject of a petition for rehearing en banc). It generated lots of blog fodder, and some interesting rulings, but was ultimately swatted away...
Webinar on Functional Claiming
The American Intellectual Property Law Association (AIPLA) will be offering a webinar entitled "Putting the Fun in Functional Claiming: §112(f) and Related Indefiniteness Considerations after Williamson v. Citrix and Nautilus v. BioSig" on February 10, 2016 from 12:30 - 2:00 pm...
Webinar on Overcoming 101 Rejections
Strafford will be offering a webinar/teleconference entitled "Overcoming 101 Rejections for Computer and Electronics Related Patents -- Leveraging USPTO Guidance and Recent Decisions to Meet 101 Patent Eligibility Requirements" on February 11, 2016 from 1:00 to 2:30 pm...
Vision, Urgency Of UN High-Level Panel On Access To Medicines Begins To Take Shape
NEW YORK -- It came as a surprise to some when the United Nations Secretary General’s office announced in November the setting up of a high level panel to urgently address access to medicines and other health technologies. After all, UN agencies in Geneva, most...
Illumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc. (Fed. Cir. 2016)
By Kevin E. Noonan -- The Federal Circuit affirmed a decision of obviousness, and that a patentee not be able to amend claims in an inter partes review proceeding, in an opinion handed down January 29th in Illumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc. The opinion (or rather...
Google Can Derive Undisclosed Economic Benefits From CAPTCHAs–Rojas-Lozano v. Google
paulista/shutterstock – explosive free tag isolated on white background This lawsuit alleges that Google benefits unfairly from consumers’ responses to Google’s CAPTCHA. Plaintiff, a Massachusetts resident, responded to a two word CAPTCHA prompt when signing up for a Gmail...
Can GIFs infringe copyright? In Europe the answer is potentially 'yes'
Facebook GIF button Thanks to Katfriend and scholar Martin Husovec (Tilburg University) this Kat has become aware that, after Facebook , also Twitter is on the move to introduce a dedicated GIF button (although for the moment it is only testing it on its mobile version). As most IPKat...
China Continues High Growth In IP Filing, But Is There More To The Story?
Sheer intellectual property filings may not be the only or even best measure of innovation, but they are a closely watched economic indicator. Using what data it has, the World Intellectual Property Organization recently touted China's continued massive growth in this area, particularly...
EPO appoints new Chief Economist
The EPO has announced the appointment of its new Chief Economist,  Yann Ménière . According to the press release: Yann Ménière, EPO photo "Yann Ménière is professor of economics on leave from MINES ParisTech, where he was leading the Chair on "IP...
Motivation Innovations, LLC v. Petsmart, Inc. (D. Del. 2016)
Coupon Patent Easily Found Invalid under § 101 By Joseph Herndon -- On January 12, 2016, the District Court for the District of Delaware issued an opinion in a case captioned Motivation Innovations, LLC v. Petsmart, Inc. Plaintiff, Motivation Innovations, LLC, filed a patent infringement...
Maryland Bill Would Protect Consumers’ Free Speech from Bad Contracts (H.B. 131)
Should a company be allowed to use its own contractual fine print to take away its customers’ free speech? What fundamental rights should not be waivable? We’ve written in the past about companies putting clauses in their form contracts that ostensibly forbid customers from posting...
European Data Protection Officers On Privacy Shield Announcement: Please Send Text!
A day after the European Commission announced an agreement with US authorities for a “Privacy Shield” as a follow-up mechanism for the invalidated Safe Harbour Agreement, the Article 29 Working Party of European Union data protection officers said they need to see the written...
WHO Preps For 2018 UN Review Of Cardiovascular Diseases, Cancers, Respiratory...
World Health Organization Director-General Margaret Chan submitted a report to last week’s Executive Board meeting detailing progress made in establishing a framework for the implementation of a global action plan for prevention and control of noncommunicable diseases (NCDs – like...
NRT Technology Corp. v. Everi Payments, Inc. (PTAB 2016)
Business Method Patent Survives PTAB Review By Joseph Herndon -- On January 22, 2016, the U.S. Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a covered business method (CBM) patent review in a case captioned NRT Technology Corp. and NRT...
UK’s Investigatory Powers Bill: Loopholes Within Loopholes Will Lead to Unbridled Surveillance
The House of Commons Science and Tech Committee has published its report on the draft Investigatory Powers Bill, influenced by comments submitted by 50 individuals, companies, and organizations, including EFF. The report is the first of three investigations by different Parliamentary...
Inquiry as to damages: no longer a rare avis?
Brian Whitehead, at Kempner & Partners, has provided an edifying summary regarding the increased feasibility of electing an inquiry as to damages in connection with patent litigation. "AP Racing (a subsidiary of a leading motorsport and performance car brake manufacturer, Freni Brembo)...
Increasing Shortages Of Medicines Discussed At WHO, To Be Continued In May
There is an increasing shortage of medicines in the world, in particular in developing countries, but not only there, World Health Organization members said in last week’s Executive Board meeting. Discussions are ongoing on potential solutions and the agenda item referring to the issue was...
U.S. Patent No. 8,535,151: Multimedia-based video game distribution
U.S. Patent 8,535,151: Multimedia-based video game distribution Issued Sep. 17, 2013, to AT&T Intellectual Property I, L.P. Summary: The ‘151 patent describes a system for selecting games from a content provider. A user selects a game from the first channel. The TV then...
Advanced Marketing Systems, LLC v. CVS Pharmacy (E.D. Tex. 2016)
By Michael Borella -- In February 2015, Advanced Marketing Systems (AMS) sued a number of defendants, alleging infringement of various claims of U.S. Patent Nos. 8,219,445, 8,370,199, and 8,538,805. The defendants filed a motion for judgment on the pleadings, arguing that the...
Special Feature: UN High Level Panel On Access To Medicines – First Reactions, Process Explained
A high level panel of experts charged by United Nations secretary general to explore solutions to increase innovation and access to medicines in developing countries gave a briefing today to explain the process of the initiative. Intellectual property is often seen as both a barrier to the...
Top 10 Internet Law Developments of 2015 (Forbes Cross-Post)
Photo credit: “ the words Top 10 in a burst of colorful stars ” // ShutterStock I’m pleased to present my annual list of top Internet Law developments from the past year. As the years go by, increasingly the most important Internet Law developments/crackdowns are occurring internationally...
PhD Student Seminar at CIPA
This moggy was thrilled to be able to attend last Thursday the inaugural running of an event at the Chartered Institute of Patent Attorneys - a seminar for PhD students.  CIPA had contacted everyone that it could think of, and, although the passing on of the invitation had clearly...
Special Feature: Process For 2017 Election Of New WHO Director General
The pressures of running the world’s highest profile public health agency in trying times (new outbreaks, mass migration and other challenges, with uncertain funding) could make the job of debatable attractiveness, but rumours in the World Health Organization hallways this...
Cutsforth Inc. v. MotivePower, Inc.
By Andrew Williams -- Back in January 2002, when this author was near the beginning of his patent law career, the Federal Circuit handed down the In re Sang-Su Lee case. Among other things, this case provided patent practitioners with support for challenging examiners that failed to...
A Summary of the December Changes to the Federal Rules of Civil Procedure
Julie Langdon On December 1, 2015, amendments to certain rules of the Federal Rules of Civil Procedure went into effect.  For a better understanding of the new amendments, I have set forth a breakdown of the primary amendments to the rules and the purpose of those...
Stupid Patent of the Month: Sharing Your Hard Copy Documents, but on a Social Network
Back when you were a kid, you may (depending on your age) have checked books out of your library using a circulation card. The cards, like the one pictured to the right, would allow the librarian to keep track of the books, who had them, and when they were expected back at the...
WHO Discusses Polio, Hepatitis C, Vaccines, Affordability
The World Health Organization Executive Board this week noted a number of reports on communicable diseases, such as poliomyelitis, and vaccines. Developing countries underlined the affordability and accessibility of treatments. The board also agreed on the setting up of an...
We've got five years, that's all we've got
Earlier today, the IPKat mentioned the late, lamented David Bowie and a somewhat tenuous connection to patents (see Friday Fantasies). In the interests of equality for trade mark practitioners, the IPKat notes an equally tenuous Bowie link for them to marvel at: the opening track of  The Rise...
WHO Members Commit To SDGs For 2030, Despite Some Differences
During the Executive Board meeting at the World Health Organization this week, member states agreed on committing to the health-related Sustainable Development Goals (SDGs) for 2030. The consensus reached by member states was that direct health development goals...
CRISPR Interference Declared
By Kevin E. Noonan -- CRISPR (an acronym for Clustered Regularly lnterspaced Short Palindromic Repeats), which is part of a system for altering chromosomal sequences in situ in a cell in combination with a bacterially derived protein called Cas9, has been hailed as the "Breakthrough of...
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