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MarkIt to Market - February 2015

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and...more

Intellectual Property Alert: Federal Circuit Considers Whether ITC Can Properly Exclude Imported Products That Only Infringe...

On February 5, 2015, the Court of Appeals for the Federal Circuit sitting en banc heard oral arguments in Suprema, Inc. v. Int’l Trade Comm’n, Fed. Cir., No. 2012-1170, a case involving the ability of the International Trade...more

Are U.S. Law Idiosyncrasies Destroying Your PCT Applications?

Suppose a business’s patent strategy makes studied use of the Patent Cooperation Treaty application: draft one master application to serve as the basis for filing throughout the world. Coverage is required in the United...more

Federal Circuit Hears Oral Arguments in Suprema, Inc. v. International Trade Commission Rehearing en banc

Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers. Procedural Background - Suprema v....more

EU Copyright: No Resale of Digital Content Except for Software? How Does the European Court of Justice Decision on Exhaustion of...

The European Court of Justice (ECJ) has decided that the rule of exhaustion of the distribution right upon first sale (in the U.S. known as the “first sale” doctrine) does not apply to post first-sale alterations to the...more

For product claims, the “use” of an accused product that operates outside the U.S. still fails within the reach of Section 271(a)...

Blue Spike, LLC v. Soundmouse Ltd - Case Number: 1:14-cv-02243 - Judge McMahon, addressing the territorial reach of “use” within the United States under Section 271, granted in part and denied in part Defendant...more

Is this the end of screen scraping?

The Court of Justice of the European Union (CJEU) begun its 2015 ruling with the interpretation of Directive 96/9/CE on legal protection of databases (the “Directive”). The case was originally brought by Ryanair against PR...more

Germany: German Federal High Court rules on two eBay offer listing cases

On 12 November 2014, the German Federal High Court (BGH) ruled that a sales contract for a used car concluded on the internet platform eBay was valid, even though the seller ended the listing early when the buyer’s initial...more

Net neutrality, zero-rating and today’s news from the Netherlands and Slovenia

The issue of net neutrality is certainly the current hot topic in the world of telecoms regulation. I thought I would just add a few (personal) thoughts on the matter following this week’s (in my view) shocking news from the...more

EU: Ryanair scrapes a win (but not using IP!)

The CJEU has ruled that database owners whose databases are not protected by copyright or the sui generis database right may rely on contractual terms and conditions to restrict access to and exploitation of their data. As a...more

Patenting Your Basement Fusion Reactor: Utility Requirements Under U.S. Patent Law

Multiple projects are currently underway to demonstrate feasibility of fusion energy. The goal of the ITER multinational project in southern France (of which the United States is a participant) is to deliver ten times the...more

Privacy & Cybersecurity Update - December 2014

In This Issue: - The Critical Takeaway for Every Company From the Sony Cyber Attack - Sony Data Breach Class Action Complaint Provides Insight Into Cybersecurity Issues - Reminder: New California Data...more

The Uncomfortable Intersection between the Practice of Medicine and Reality

The disconnect between patents and medicine (and more particularly, between physicians who prescribe patented drugs and the pharmaceutical companies who produce them) was illustrated nicely in a recent dustup between doctors...more

Some Human Embryonic Stem Cells Are Once Again Patent-eligible in Europe

Last Thursday, the European Court of Justice rendered a decision in International Stem Cell (ISCO) Corporation v. Comptroller General of Patents, Designs and Trademarks (UK) that significantly modified the landscape for human...more

ITC Section 337 Update – December 2014

GAO Issues Report Evaluating Customs’ Exclusion Order Enforcement Processes – On November, 2014, the U.S. Government Accountability Office (“GAO”) issued a Report entitled Intellectual Property: U.S. Customs And Border...more

European Court of Justice: landmark decision on patentability of stem cells

The European Court of Justice (CJEU) has handed down a landmark judgment concerning the patentability of stem cells in Europe. Stem cells have the potential to revolutionize the treatment of human disease because of their...more

Patentability of isolated nucleic acid: US vs. Australia

Patents directed to genetic material have been t­­­­he subject of significant public discourse and legal challenge worldwide, leading to a divergence of governing law between jurisdictions and heightened industry uncertainty...more

Europe’s Right to be forgotten: update on implementation guidelines

Last week we wrote that the Article 29 Working Party (“Working Party 29?) has adopted guidelines relating to the implementation of the European Court of Justice’s Google ruling on the right to be forgotten. ...more

CAFC Finds Patent Claiming Software-Related Invention is Patentable

For the first time since the Supreme Court’s Alice Corp. v. CLS Bank Int’l decision this past summer, the United States Court of Appeals for the Federal Circuit has found that a patent claiming a software-related invention...more

Are Dynamic IP Addresses "Personal Data"? German Federal Court of Justice seeks advice from the European Court of Justice

The German Federal Court of Justice (GFCJ) was scheduled to judge, on October 28, 2014, whether dynamic IP addresses are "personal data" as defined in Article 2 of the EC Data Protection Directive, and if so, under which...more

Europe: Right to be forgotten guidelines adopted by WP29

The Article 29 Working Party, the European data protection advisory body consisting of representatives of the national data protection authorities of the EU Member States, announced yesterday that they have adopted guidelines...more

Foreign Antitrust Defendants Feel Some Relief from the Reach of the Sherman Act in Civil Matters

The Seventh Circuit Court of Appeals ruled that Motorola cannot recover overcharges to its non-U.S. subsidiaries that purchased price-fixed LCD panels abroad, even though finished cellphones incorporating those panels were...more

District Court Delivers Significant Blow to GS CleanTech's Patents

A recent ruling in a closely watched patent infringement case involving several patents relating to methods for processing ethanol byproducts — and specifically recovering oil from thin stillage — could significantly impact...more

U.S.-Centered Negotiations for Product Made and Sold Outside United States Do Not Constitute Sale or Offer for Sale in United...

Halo Elecs., Inc. v. Pulse Elecs., Inc. and Pulse Elecs. Corp. - In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. § 271(a), the U.S. Court of...more

A Brief Synopsis of the Issues Confronting the Federal Circuit in the En Banc Rehearing of Suprema, Inc. v. ITC

On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC.1 This rehearing reviews the controversial Federal Circuit opinion holding that “an exclusion order based on a...more

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