• Inside Views: Copyright For Libraries Around The World In 2018

    Copyright laws around the world are constantly changing in an attempt to adapt – or react – to the digital world. These changes can have a major impact on how libraries function and on the public service they provide. While some reforms offer new possibilities and legal certainty, others look backwards and seek to use the law to restrict the ability of libraries to guarantee meaningful information access to their users, IFLA writes.

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  • Stambler v. Mastercard: Petition to SCOTUS

    Two questions presented on Leon Stambler’s petition for writ of certiorari: 1. Whether covered business method review, an adversarial process used by the Patent and Trademark Office to analyze the validity of existing patents, violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. 2. Whether the Federal Circuit’s […]

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  • CAFC affirms PTA calculation because patentee did not properly request early national stage examination

    The Federal Circuit found that Actelion was required to make an express request to commence early national stage examination. Actelion’s statement “earnestly soliciting early examination,” which made no reference to § 371(f), the PCT, or the national stage, combined with failure to check the box expressly requesting early examination, was an “inconsistent or ambivalent request.” While Actelion was not required to check any boxes, it was still required to make its intentions clear. Thus, the…

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  • Calling all IP Teachers and Researchers in Africa!

    Afro Leo is very excited to learn that the World Intellectual Property Organization (WIPO) and the World Trade Organisation (WTO) are organising the first Regional WIPO-WTO Colloquium for IP Teachers and Researchers in Africa.

    This WIPO-WTO Colloquium will be held from April 9 to 12, 2018 followed by IP Scholars Africa Conference, hosted by University of South Africa (UNISA) on April 13, 2018, both held at UNISA in Pretoria, South Africa. Here is the link with more details:

    The Colloquium for IP Teachers and Researchers in Africa will:

    • provide IP academics in the region with a greater understanding of current international developments in IP law and policy, and the status of WIPO and WTO agreements and ongoing work with bearing on IP, focusing on current activities of particular relevance to the African context; 
    • map existing IP teaching and scholarship in Africa, promote cutting edge research focused on the region, and encourage the publication of high quality research as a means of building domestic capacity for adapting and applying policy options within the framework of international IP standards and the broader legal and policy context;
    • provide a forum to build academic collaboration, including on current teaching methodologies in the area of IP law, with a view to strengthening collaborative networks and academic exchanges across Africa so as to build sustained policy and legal capacity in African developing countries; 
    • identify how WIPO and the WTO can improve their support for teaching and research capacity on international IP law in Africa, on IP teaching, academic exchanges, and a stronger network of African IP scholars and teachers; and
    • prepare for the publication of presented research papers in the “WIPO-WTO Colloquium Papers: 2018 Africa Edition”.

    The Colloquium will be linked with the Works-in-Progress Conference “IP Scholars Africa” hosted by the SARChI Chair, UNISA, in order to:

    Provide a platform for IP teachers and researchers selected by WIPO, the WTO and UNISA to present their research work in progress to a larger audience of experts at the Conference.  WIPO and WTO officials will participate in plenary panels to offer information about work in the WIPO and WTO, including on areas of capacity building and technical assistance, to a larger audience of IP scholars in Africa and beyond.

    • Offer the opportunity for WIPO and WTO to identify IP teachers and scholars in the region and create a more comprehensive database of IP scholars and their institutions, including for their future contribution to the delivery of technical assistance in the region. 

    For more information please contact Karen Zaayman at zaaymcj@unisa.ac.za or wipo-wto-ipsacolloq@wipo.int

    Scholarships


    Between 15 to 20 scholarships are available from WIPO and the WTO for IP teachers and researchers preparing a paper for publication in the 2018 Colloquium Papers Edition.

    Scholarships cover: return ticket; fees related to the Colloquium; full board and lodging.

    Successful applicants for WIPO and WTO scholarships will be notified by the WIPO Academy and the WTO Intellectual Property, Government Procurement and Competition Division. Thereafter, they will be provided with relevant information, including travel arrangements.

    Kindly inform your colleagues and friends who qualify to participate in the Colloquium and IP Scholars Africa to apply online. All applications are done online: WIPO Academy. Deadline for applications is: February 25, 2018.

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  • 解消

                            目次はこちら

    解消

    (ELIMINATE)
    $$ This substantially eliminates cross talk between adjacent devices. / この機能は、近接デバイス同士のクロストーク…

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  • Federal Circuit Pushes Back on U.S. Supreme Court’s Alice Decision on Procedure

    In a pair of interesting software-related cases, the U.S. Court of Appeals for the Federal Circuit appears to push back on one of the supposed goals of the U.S. Supreme Court’s Alice v. CLS Bank International decision.  In Alice, the U.S. Supreme Court clarified and restated the Mayo Collaborative Services v. Prometheus decision’s test concerning patent eligible subject matter.  In doing so, the Supreme Court started a new era of U.S. patent law which made patent eligible subject matter a very important inquiry with respect to the patentability of inventions, particulary those in the software space—although Alice’s impact is felt in other technological areas.  Since Alice issued, the U.S. Court of Appeals for the Federal Circuit has clarified the Alice test and notably provided guidance to patent lawyers on how to “avoid” or “comply” with Alice. 

    Importantly, one of the purported benefits of Alice was to allow for the early dismissal of claims based on patent eligible subject matter.  An alleged infringer could conceivably quickly raise patent eligible subject matter and get a claim dismissed on either a 12(b)(6) motion for failure to state a claim or a motion for summary judgment.  In additional push-back to Alice, the Federal Circuit in Berkheimer v. HP (February 8, 2018) has recently held that even after claim construction a motion for summary judgment on patent eligible subject matter may be improper because of genuine issues of material fact.  While this is standard law concerning motions for summary judgment, the case provides a blueprint for how genuine issues of material fact can be created with patent eligible subject matter.  Because of this possibility of creating that genuine issue of material fact, patentees will have additional settlement leverage to realistically threaten a case through trial—a costly endeavor.  What will the effect of this case be on Alice’s attempt to curb so-called patent troll litigation? 
    In another recent case, the Federal Circuit in Aatrix Software v. Green Shades Software (February 14, 2018) remanded a case because the district court did not allow the patentee to amend its complaint to survive a 12(b)(6) motion on claim construction.  While the Federal Circuit was careful to note that a complaint can be dismissed on a 12(b)(6) motion to dismiss, this case cautions district court judges to carefully consider motions to amend complaints. 

    It will be interesting to see if the Federal Circuit’s decisions about the procedural challenge of patents based on patent eligible subject matter in the courts will have an impact on the analysis in the pending Oil States case before the U.S. Supreme Court. 

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  • A Surreal Endeavor: Asserting Patent Rights in the U.S.

    Asserting patent rights is a surreal endeavor these days. While the statistics on survival at the PTAB are improving, with the percentage of initiated proceedings declining and some patents seeing their claims affirmed, the cost and time necessary for a patentee to claw their way back to the district court—i.e., back to Square One—proves too much for many patentees. Spending hundreds of thousands of dollars (or more) to fight at the PTAB simply to confirm issued patent claims is pushing many…

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