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10 Jun 2016, 7:35 am by Rebecca Tushnet
  I do think that space probably should be opened up between TM and unfair competition, but I am unconvinced that this space should be created by having unfair competition get bigger rather than by having TM get smaller. [read post]
9 Jun 2016, 12:13 pm by Rebecca Tushnet
  This isn’t just about features that were, or are, or could have been protected by patent, but about keeping it out of patent space—keeping it away from patent law, not just from patents. [read post]
9 Jun 2016, 9:40 am by Rebecca Tushnet
 Dividing genuine attempts to prevent confusion v. illegitimate attempts to prevent competition can’t be done: they’re all attempts to carve out space for oneself in the market and we have to be honest about that. [read post]
7 Jun 2016, 5:04 pm by Lawrence B. Ebert
Order at 17–18 (citing ’276 patent col. 12 l. 55). [read post]
6 Jun 2016, 12:16 pm by Eric Caligiuri
  For the fourth factor, Oracle argued that the success of Android shows harm to the market because Oracle would have been able to license its Java code in the mobile space if Google had not copied its APIs without permission. [read post]
4 Jun 2016, 12:42 pm by Lawrence B. Ebert
"Well, this month the Electronic Frontier Foundation's patent sharpshooters have found a patent that quite literally had all of its key claim elements described by Star Trek—specifically, a 1998 episode of Deep Space Nine.Earlier this week, EFF lawyer Vera Ranieri described the latest "Stupid Patent of the Month. [read post]
3 Jun 2016, 9:47 am by Joe Mullin
" Well, this month the Electronic Frontier Foundation's patent sharpshooters have found a patent that quite literally had all of its key claim elements described by Star Trek—specifically, a 1998 episode of Deep Space Nine. [read post]
3 Jun 2016, 7:04 am by Gene Quinn
In other words, DDR Holdings is no longer the only point of hope for innovators and patent owners in the software space. [read post]
2 Jun 2016, 6:31 am
 Before the advent of instantaneous e-mail and mobile communication, lawyers generally had a bit more time and space to think think through and develop the best possible solution for the client. [read post]
1 Jun 2016, 8:51 pm by Patent Docs
To assist our readers, we recently provided information about the convention, and listed sessions that might be of interest to Patent Docs readers. [read post]
31 May 2016, 2:55 pm by Vera Ranieri
This 1998 episode of Star Trek: Deep Space Nine shows how the ideas in this patent are routine and conventional enough to be a plotline in a TV series. [read post]
31 May 2016, 2:29 am
Merpel thought that nothing at the European Patent Office could surprise her any more. [read post]
26 May 2016, 5:38 am
The report combines analysis of patent applications with research of global scientific literature to put these innovations in context; worldwide patent volume grew at an annualized rate of 13.7 percent in 2015, driving the overall growth rate for patents to over 100 percent since the State of Innovation study was launched six years ago.Vin Caraher, the president of Intellectual Property and Science at Thomson Reuters, said:“The last year has been marked by a… [read post]
23 May 2016, 10:51 am by Jason Rantanen
  Yet, looking deeper, my sense is that it would be a mistake to rely too heavily on the Enfish framework as a universal solution, even in the computer technology space. [read post]
12 May 2016, 6:14 pm by Jason Rantanen
The statute provides a design patent infringer “shall be liable to the [design patent] owner to the extent of [the infringer’s] total profit” if the infringer “applies the patented design … to any article of manufacture. [read post]
9 May 2016, 12:50 pm by Tamsen Barrett (US)
(isolated human genes were found to be patent ineligible subject matter), applicants in the life sciences space have been struggling to find a clear definition of the space within which they can operate. [read post]