• Photo Diary: Meeting the Threat to America’s Economic Future: US IP & Innovation Policy

    On May 9th I attended the International IP Commercialization Council (IIPCO) USA Chapter second annual program at the United States Capitol.  The topic of the event was Meeting the Threat to America’s Economic Future: US IP & Innovation Policy where representatives from IBM, Qualcomm, Personalized Media Communications, the Cleveland Clinic and the University of Michigan, as well as a Who’s Who of IP Leaders and policymakers, shared their real-world perspectives on the state of the US…

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  • Photo Diary: Meeting the Threat to America’s Economic Future: US IP & Innovation Policy

    On May 9th I attended the International IP Commercialization Council (IIPCO) USA Chapter second annual program at the United States Capitol.  The topic of the event was Meeting the Threat to America’s Economic Future: US IP & Innovation Policy where representatives from IBM, Qualcomm, Personalized Media Communications, the Cleveland Clinic and the University of Michigan, as well as a Who’s Who of IP Leaders and policymakers, shared their real-world perspectives on the state of the US…

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  • MLBPA Files Opposition at TTAB over ‘Here Comes the Judge’ Trademark Application

    On March 21st, the Major League Baseball Players Association (MLBPA) filed a formal notice of opposition at the Trademark Trial and Appeal Board (TTAB) to challenge a federal trademark application filed by Michael P. Chisena of Garden City, NY. The trademark application, U.S. Trademark Application No. 87528440, seeks to protect the use of the standard character mark “HERE COMES THE JUDGE” in commerce on clothing including T-shirts, jerseys, athletic uniforms and caps.

    The post MLBPA Files…

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  • MLBPA Files Opposition at TTAB over ‘Here Comes the Judge’ Trademark Application

    On March 21st, the Major League Baseball Players Association (MLBPA) filed a formal notice of opposition at the Trademark Trial and Appeal Board (TTAB) to challenge a federal trademark application filed by Michael P. Chisena of Garden City, NY. The trademark application, U.S. Trademark Application No. 87528440, seeks to protect the use of the standard character mark “HERE COMES THE JUDGE” in commerce on clothing including T-shirts, jerseys, athletic uniforms and caps.

    The post MLBPA Files…

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  • 既知

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    既知

    $$ As described above, a key signal K is generated pixel-by-pixel in known manner. / 上述したように、キー信号Kは、既知の方法に…

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  • Today’s Economics Question

    This has nothing in particular to do with patent remedies, but in a story on President Trump’s speech today about lowering drug prices, the New York Times reports that “In trade negotiations, the White House wants to put pressure on other countries to…

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  • Priority of Precedent: When Same-Day Federal Circuit Opinions are in Tension

    by Dennis Crouch

    On May 11, 2018 the Federal Circuit released two opinions in a bit of tension over the constitutional requirement of a “case or controversy.”

    • Altaire Pharma v. Paragon Biotech, App. No. 2017-1487 (Fed. Cir. May 11, 2018) (finding petitioner has standing to pursue appeal of PTAB PGR decision; dissenting opinion)
    • AIDS Healthcare Found., Inc. v. Gilead Scis., Inc., App. No. 2016-2475 (Fed. Cir. May 11, 2018) (finding no standing for declaratory judgment action)

    The tension between the cases in this situation is actually fairly small, but the setup raises an interesting question in my mind. When two decisions are released simultaneously, how should we treat the precedential value of the cases relative to one another?  My initial answer is that the cases should be treated as we would a plurality Supreme Court decision.

    Veering away from the simultaneous release — would it matter if one were uploaded to PACER (the Docket) a few hours before the other? Under Federal Rules of Appellate Procedure R. 36, “a judgment is entered when it is noted on the docket.”  The rules do not, particularly define priority of precedent, and I have not seen any Federal Circuit precedent on-point. 

    Continue reading Priority of Precedent: When Same-Day Federal Circuit Opinions are in Tension at Patently-O.

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