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Patent / Trademark Law News

News on Patent / Trademark Law continually updated from thousands of sources around the net.

8 hrs ago | Ars Technica

Supreme Court ruling has wiped out 11 "do it on a computer" patents so far

There have been no less than 11 federal judicial rulings striking down patents as "abstract" since the US Supreme Court's June 26 decision in Alice v. CLS Bank.

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Related Topix: US News, US Supreme Court, Law, Science / Technology, Inventions

Sat Sep 13, 2014

Post-gazette.com

The week that was: 09/14/14

While Andrew Carnegie's roots run deep in both Pittsburgh and New York, his namesake deli is a New York-only institution, as Pittsburgh restaurateur Wesley Ross found out the hard way. In February, he opened Carnegie Delicatessen and Catering in the Bank Tower building, Downtown.

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Related Topix: Law, Allegheny County, PA, Carnegie Mellon University

Slashdot

US Patent Office Seeking Consultant That Can Stamp-out Fraud By Patent Examiners

McGruber writes: A month after Slashdot discussed " Every Day Is Goof-Off-At-Work Day At the US Patent and Trademark Office ," the USPTO issued a statement that it is "committed to taking any measures necessary" to stop employees who review patents from lying about their hours and getting overtime pay and bonuses for work they didn't do. USPTO officials also told congressional investigators that they are seeking an outside consulting firm to advise them on how managers can improve their monitoring of more than 8,000 patent examiners.

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Related Topix: Law

Slashdot

Software Patents Are Crumbling, Thanks To the Supreme Court

Just a few months later, lower courts are making it happen . Quoting Vox: "By my count there have been 10 court rulings on the patentability of software since the Supreme Court's decision - including six that were decided this month.

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Related Topix: US Supreme Court, US News, Law

Fri Sep 12, 2014

Hispanic Business

National Museum of American History Innovates with West Exhibition Wing

The wing's first floor will open , with the second and third floors opening in 2016 and 2017. Each floor has a central theme: The first floor will focus on innovation and feature exhibits that explore the history of American business and showcase "hot spots" of invention.

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Related Topix: Inventions, Science / Technology, Law

InsiderOnline

Understanding the Realities of Modern Patent Litigation

Ten years ago, Janicke and Ren found that patentees won only 26% of decided cases; we find that number unchanged today. Forty-six percent of patents whose validity was decided in the 1990s were held invalid; today the invalidation rate is 43%.

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Related Topix: Law

JD Supra

PGR Report -- The Attack of 35 U.S.C. 112

Last week, on September 2, 2014, Accord Healthcare, Inc. filed what appears to be the second-ever Post-Grant Review . This PGR was for U.S. Patent No.

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Related Topix: Science / Technology, Inventions, Law

On Reserve

NOPA vs. Napa: A Wine Trademark Opposition

Recently, a Portuguese wine company, Wine Vision Lda. sought to register the mark "NOPA" in standard characters for "wines" through the United States Patent and Trademark Office.

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Related Topix: Drink, Wine, Law

The Washington Post

Patent office whistleblower: 'Managers have no idea when their employees are working'

With top Commerce Department officials headed to Capitol Hill Friday to answer allegations about fraudulent practices by patent examiners, the Washington Post this week obtained copies of the whistleblower complaints that set in motion a series of investigations of the patent office. Four whistleblowers, at least two of them managers, submitted lengthy, detailed accounts to an anonymous hotline set up by the Commerce inspector general's office in 2012.

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Related Topix: Law, Employment / Labor Law, US Politics, US News

EETimes

3D IP: Intellectual Property Issues for Innovators

As the consumer 3D-printer space grows, so too are concerns about pirating of digital files, which allow people to 3D print designs without the designer's permission or any direct compensation for its use. In a way, the physical world is about to embark on a similar journey the media industry continues to struggle with in managing and monetizing products that have now gone digital.

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Related Topix: CPU, Science / Technology, Law

Digital Post Production

The ShedQuarters Launches in to the DIY Market with a Timesaving Innovative Panelized Wood Shed Kit

The ShedQuarters, Inc., an East Peoria, IL company, recently introduced to the U.S. market a newly developed Do-It-Yourself panelized wood storage building kit. Answering the demand from a growing number of customers wishing to save time and money, The ShedQuarters has fused form and function to allow the typical homeowner more storage space while at the same time adding to the beauty and property value of the residence.

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Related Topix: Peoria, IL, East Peoria, IL, Law

Thu Sep 11, 2014

IOMA

Preparing Pharma for Generics' IPR Attacks

For 30 years, patent disputes between pharmaceutical innovators and their generic competitors in the United States have been resolved in district court litigations under the balanced Hatch-Waxman Act framework. Generics have now started using the new adversarial inter partes review proceeding in the U.S. Patent and Trademark Office to challenge pharma's patents, and have done so even before being sued in district court.

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Related Topix: Law, Lexiva, Fosamprenavir Calcium (generic), Hispanic Broadcasting, Television

TechCrunch

Sued As A Young Startup? Don't Surrender

Editor's note: David Soofian is an associate at Kaye Scholer LLP, where he specializes in defending technology companies against allegations of patent infringement by competitors and trolls. Patent trolls are on the offensive, using weak patents to go after young tech startups with the hopes of securing licensing deals.

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Related Topix: Law, Internet Troll, Science / Technology, Inventions

BankTech

To Patent or Not to Patent

As more and more IT organizations look to drive innovation, they inevitably need to consider whether they should patent those innovations. The protection of intellectual property can be a difficult decision for many companies entering the innovation space.

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Related Topix: Law, Inventions

The Miami Herald

For patent lawyer, work is always something new

After just five years of private practice as a patent attorney, Stewart Myers can't really claim to have seen it all. But he's seen an awful lot of things he never expected to see.

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Related Topix: Inventions, Science / Technology, Law, Oregon State University, Oregon

JD Supra

Surviving a trademark opposition challenge: do you have a true 'intent-to-use'? 5 key tips

Unlike the vast majority of jurisdictions around the world, under the US Trademark Act, only someone "who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register." Over the last year, the United States Trademark Trial and Appeal Board has issued two precedential decisions emphasizing this requirement and sustaining oppositions lodged against trademark applications based on a lack of bona fide intent to use the opposed mark in US commerce.

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Related Topix: Watches, Law

JD Supra

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier litigation, the U.S. Court of Appeals for the Second Circuit found error in the district court's dismissal of the claims based on res judicata , but affirmed the court's alternate holding that the plaintiff had failed to plausibly plead its claim. TechnoMarine SA v.

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Related Topix: Watches, Second Circuit Court of Appeals, US News, Law

jdsupra.com

U.S. Bancorp v. Solutran, Inc.

In the weeks since the Alice Corp. v. CLS Bank Supreme Court decision, we have been watching patents and applications fall left and right due to use of that case's more stringent test regarding patent-eligibility.

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Related Topix: Law, Computers

JD Supra

Two-Party Market: Presumption of Confusion and Injury

Clarifying applicable presumptions in Lanham Act false advertising cases, the U.S. Court of Appeals for the Second Circuit affirmed a district court's use of presumptions of consumer confusion and injury in a two-party market where deliberate deception and literal falsehood had been proven, even though the injured party was not actually named in the ads. Merck Eprova AG v.

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Related Topix: Law, Second Circuit Court of Appeals, US News

Business Journal

Lightbulbs to Gatorade, Florida Inventors Hall of Fame inductees pave the way

Margaret Focarino, commissioner for patents, U.S. Patent and Trademark Office, and Paul Sanberg, chair of the Florida Inventors Hall of Fame Advisory Board and senior vice president for research and innovation at University of South Florida. Science and innovation were front and center as the first six members were inducted into the new Florida Inventors Hall of Fame.

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Related Topix: Inventions, Science / Technology, Law, University of South Florida

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