• EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe

    The issue faced by the EU High Court was whether shape and color of Louboutin’s mark could be separated under the circumstances; i.e., whether color applied to the sole of a high-heeled shoe is essentially a “shape” mark within the meaning of the EU trademark law. The EU High Court found in favor of Louboutin, pointing out that Louboutin did not seek to protect a particular shape, but the application of a color to a specific part of a high heeled shoe. 

    The post EP’s Louboutin Decision Opens…

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  • EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe

    The issue faced by the EU High Court was whether shape and color of Louboutin’s mark could be separated under the circumstances; i.e., whether color applied to the sole of a high-heeled shoe is essentially a “shape” mark within the meaning of the EU trademark law. The EU High Court found in favor of Louboutin, pointing out that Louboutin did not seek to protect a particular shape, but the application of a color to a specific part of a high heeled shoe. 

    The post EP’s Louboutin Decision Opens…

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  • The Death of Invention

    George Santayana is attributed with the aphorism: “Those who cannot remember the past are condemned to repeat it.” This is modern § 101 in a nutshell. Every horror we in the patent community are now experiencing under Alice/Mayo isn’t new, but a repeat of a drama played out long ago… Every great horror story has a monster… In the patent world, the monster is “invention.”

    The post The Death of Invention appeared first on IPWatchdog.com | Patents & Patent Law.

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  • Life Sciences Court Report

    By Bryan Helwig — About Life Sciences Court Report: We will periodically report on recently filed biotech and pharma litigation. Horizon Therapeutics, LLC v. Par Pharmaceutical, Inc. 1-18-cv-01224; filed August 10, 2018 in the District Court of Delaware • Plaintiff: Horizon Therapeutics, LLC • Defendants: Par Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc. Claim: Infringement of U.S. Patent No. • 8,642,012: “Methods of treatment using ammonia-scavenging drugs” Synopsis: Horizon Therapeutics, LLC claims infringement of the ′012 patent for RAVICTI® (glycerol phenylbutyrate oral liquid 1.1gm/ml). Horizion Therapeutics holds NDA No. 20324 for RAVICTI®, which is used as a nitrogen-binding agent for chronic…

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  • Conference & CLE Calendar

    September 6, 2018 – “From BRI to Phillips at the PTAB: Consequences for Practice” (Intellectual Property Owners Association) – 2:00 to 3:00 pm (ET) September 11, 2018 – “How Notre Dame’s IDEA Center Took University Start-Up Formation from Puny to Power…

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  • 最上級+possible

                            目次はこちら

    $$ The fastest possible "transfer" could be achieved if hyperpolarization and NMR measurement occur in the same position, i.e.: within the same uniform magnetic field region. / 最も高速で実行可能な「移送」は、過分極及びNMR測定が同じ位置、すなわち、同じ一様な磁場領域内で起こる場合に達成することができると考えられる。(USP7639007)

    $$ Micromolar affinity has been found to be sufficient in the case of CRP, although the highest possible affinity is clearly desirable. / マイクロモルレベルのアフィニティは、最も高いアフィニティが望ましいことは明らかであるものの、CRPの場合十分であると考えられる。(USP7615543)

    $$ This permits the largest possible amplifying device (with the largest capacitance) to be connected. / このことが接続されるべき(最大キャパシタンスを有する)最大可能増幅装置を可能にする。(USP5412347)

    $$ If the highest possible spectral resolution is not required, the software can use a technique called "binning", in which several adjacent pixels are treated as a group.(USP5442438)

    $$ When determining the order of paths, it is preferred that the largest possible number of previously committed links be re-used, so as to minimise the total number of links used at this stage of the network formation.(USPA02042274)

    $$ The combination of these mechanisms can be used to ensure best possible management connectivity during an adaptation.(USPA02042274)

    $$ Since there is no way of getting the image into or the results out from the FPGA any faster than this one can conclude that the fastest possible solution to our problem has been reached. (USP6691301)

    $$ During this operation, the screwjack 15 should be located in its highest possible position within the tube 9. (USP5579862)

    $$ It will be appreciated that the labelling produced by this algorithm does not route packets by the shortest possible routes unless the network is itself a tree. (USP5422881)

    $$ The preferred angular separation is the smallest possible consistent with a satisfactory separation of the optical channels. (USP5304810)

    $$ It would be possible to provide a variable resistor here for adjustment by a user to achieve the best possible cancellation for each location. (USP4993060)

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  • Toward a Streamlined Patent Statute: Part 1 — Incontestable but no Longer Exclusive

    Toward a Streamlined Patent Statute: Part 1 — Incontestable but no Longer Exclusive

    Guest Post by Professor Paul M. Janicke, University of Houston Law Center.   In 2017, Prof. Janicke was awarded the Tom Arnold Lifetime Achievement Award by the State Bar of Texas. – DC

    I have now been a registered patent attorney for 50 years, spending 21 of them in private patent litigation practice before joining the law faculty at the University of Houston. Looking back on it all, and on the posture of patent litigation in the past few years, I feel it is time to consider some major surgery on the patent statute, re-envisioning what we are trying to accomplish. Lawyers presently active in the field have told me enforcing a United States patent is nigh unto impossible today. You usually have to fight off multiple IPRs in the Patent & Trademark Office, during which time any infringement suits you have filed are likely stayed. If your client’s patents survive the PTO proceedings, you then have to battle against the much wider field of prior art established by the America Invents Act. For example, foreign patents used to be effective as prior art as of their grant or publication dates; now they are secret prior art as of their foreign filing dates.

    Continue reading Toward a Streamlined Patent Statute: Part 1 — Incontestable but no Longer Exclusive at Patently-O.

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  • A Decade Of US Patent Reform Must Be Undone

    How ironic is it that the infringer lobby – the very people trying to weaken the patent system and who ignore the patent rights of others through a free riding scheme of efficient infringement – are the ones who are seeing their monopoly power consolidated. By ignoring the property of true innovators the infringer lobby has grown in size, power, strength and influence.  Profits are soaring in Silicon Valley, yet they claim patent trolls are killing high tech. That claim is simply not credible….

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