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  • The Sixth Circuit Court of Appeals, in the case of Lee Jason Kibler, d/b/a DJ Logic v Robert Bryson Hall, II, et al, issued a ruling which set forth several instructional tips on the value of marketing through social media channels in seeking to demonstrate the strength of a trade mark.
  • The tension in the relationship between patent rights and plant breeder's rights (PBR) is widely known. Recently, some EU member states have opposed the decision taken by the Enlarged Board of Appeals of the European Patent Office (EPO) in cases G2/12 and G2/13 .
  • Both parties in this case produce and commercialise ticket and entry systems for skiing areas, stadiums and similar establishments and have the same customer circles. The plaintiff additionally runs server installations for internet use by its customers, who use its systems to store clients' data. This data is protected by a login requiring a username and password. The data can be read in the form of reports, for example concerning names and addresses of buyers of tickets. The same is possible on a server of a larger customer on which the plaintiff runs that application for the customer. These reports were routinely stored on caches as intermediate storage media.
  • The UKIPO has adopted a number of procedures to provide applicants with a good idea of the chance of successful grant within the first few months from filing. This early certainty is helpful when utilising PPH and managing a global family of patents. The EPO is also well-known for its rigorous approach to the examination of patent applications, and as such a granted European patent is considered to be a valuable and high-quality asset. However, in the past this detailed level of search and examination has sometimes led to delays in the prosecution process, which have been frustrating for both applicants and third parties, and have resulted in a lack of legal certainty. Such delays can be particularly problematic in view of the trend for shortening product lifecycles.
  • A Patent Trial and Appeal Board finding of unpatentability for obviousness based on two prior-art references in Personal Web Technologies v Apple has been remanded because “the Board did not adequately support its findings”
  • Australian patent attorney Bradley Postma has written a career guide for young lawyers. Shaun Tan spoke to him about being fired, fickle partners and how to win promotion
  • Who is on the move in the Asia-Pacific region? Our latest update includes news from Hong Kong, Shanghai and Singapore
  • The Federal Circuit has found Watson did not infringe Shire’s patent for Lialda, noting the “rare” exception established by Norian to the presumptively closed nature of the “consisting of” language
  • The USPTO ruling “no interference in fact” in the CRISPR patents dispute, the unveiling of a new non-profit devoted to increasing awareness of IP rights, Alibaba accusing agencies of filing false complaints, IBM’s Manny Schecter calling for Congress to act on Section 101, and new patent case rules in the Northern District of California were in the intellectual property news in the past week