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14 May 2020, 8:52 am
It held that, after the introduction of new Rule 28(2) EPC, Article 53(b) EPC was to be interpreted to exclude from patentability plants, plant material or animals, if the claimed product is exclusively obtained by means of an essentially biological process or if the claimed process features define an essentially biological process.In order to ensure legal certainty and to protect the legitimate interests of patent proprietors and applicants, the Enlarged Board ruled that the new… [read post]
12 May 2020, 4:18 am
"And so the Board concluded that confusion is likely and it sustained the Section 2(d) claim.Dilution by Blurring: Unlike its usual approach, the Board proceeded to consider opposer's dilution claim even though it had already found likelihood of confusion.Applying the six factors under Section 43(c)(2)(B)(i-vi), the Board found that applicant's mark will cause consumers to "conjure up" Nike's famous mark. [read post]
12 May 2020, 4:05 am
” The editorial board of The Wall Street Journal writes that “Mr. [read post]
11 May 2020, 2:13 pm
Employment Announcements (More details on the Job Board) The following are job announcements of potential interest to Lawfare readers. [read post]
7 May 2020, 5:14 am
In re Dist. of Columbia, 101 USPQ2d 1588, 1597 n.14 (TTAB 2012), aff’d sub nom In re City of Houston, 731 F.3d 1326, 108 USPQ2d 1226 (Fed. [read post]
4 May 2020, 12:03 pm
The coronavirus has spread to all 50 states, the District of Columbia and multiple territories, with case totals still increasing rapidly in the United States. [read post]
4 May 2020, 9:33 am
Employment Announcements (More details on the Job Board) The following are job announcements of potential interest to Lawfare readers. [read post]
4 May 2020, 7:05 am
In Judge B. [read post]
28 Apr 2020, 4:20 am
” For The Wall Street Journal (subscription required), Jess Bravin reports that “[t]he unsigned, two-page opinion was an anticlimactic end to a case once expected to open a new chapter in gun rights[, b]ut the court’s pause may be short-lived. [read post]
24 Apr 2020, 7:42 am
” § 1030(e)(2)(A), (B). [read post]
22 Apr 2020, 3:00 pm
I have already written about some of the practical steps which directors can take in order to avoid personal liability in the event of this unfortunate outcome for the companies on whose boards they sit. [read post]
21 Apr 2020, 5:00 am
" Justice Kavanaugh dissented from IV-B-2. [read post]
20 Apr 2020, 9:03 pm
§ 315(b) are barred from appeal under 35 U.S.C. 315(d). perhaps most succinctly, today’s decision (here) explained: Congress prioritized patentability over §315(b)’s timeliness requirement. [read post]
20 Apr 2020, 5:04 pm
But even labeled as an appeal from the final written decision, Click-to-Call’s attempt to overturn the Board’s §315(b) ruling is still barred by §314(d). [read post]
20 Apr 2020, 12:29 pm
Employment Announcements (More details on the Job Board) The following are job announcements of potential interest to Lawfare readers. [read post]
15 Apr 2020, 3:16 pm
Bracken, Geoffrey B. [read post]
13 Apr 2020, 1:34 pm
Employment Announcements (More details on the Job Board) The following are job announcements of potential interest to Lawfare readers. [read post]
9 Apr 2020, 12:55 pm
However, these are unprecedented times and litigation may result in the modification of these traditional legal principles. d. [read post]
9 Apr 2020, 12:55 pm
However, these are unprecedented times and litigation may result in the modification of these traditional legal principles. d. [read post]
9 Apr 2020, 4:01 am
… B. [read post]
