IP Update, Vol. 14, No. 12, December 2011

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In This Issue:

Patents:

Stepping Over the Line: Can an Administrative Agency Overturn a Court’s Ruling?; ITC Issues General Exclusion Order Based on Respondents’ “Willful Blindness” and Potential to Evade Order; Equitable Claim to Patent Title Insufficient for Standing; Cost-Shifting for Use of an Electronic Document Database Trumped by Parties’ Agreement to Share Costs; Prior Conception and Reduction to Practice Defeats Invention; Defendants’ State of Incorporation Is Entitled to Little Weight in Transfer-of-Venue Analysis; and Amazon’s ‘One-Click’ Patent Still Alive in Canada

Trademarks:

Apple Denied Rights to “iPad” Trademark in China

Excerpt from Stepping Over the Line: Can an Administrative Agency Overturn a Court’s Ruling?

Addressing the patentability of an issued patent following a reexamination, the U.S. Court of Appeals for the Federal Circuit upheld a finding of invalidity following an appeal of a reexamination from the U.S. Patent and Trademark Office (USPTO) Board of Patent Appeals and Interferences (the Board), 11 years after the Federal Circuit, in an appeal from a district court, held the same patent valid! In Re Construction Equipment Company, Case No. 10-1507 (Reexamination Control No. 90/008,447) (Fed. Cir. Dec. 15, 2011) (Prost, J.) (Newman, J. dissenting).

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