Remove Positive and negative plausibility
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Reasons for an EBA referral on plausibility, post-published evidence and problem-solution

The IPKat

As recently reported here on IPKat , we are imminently expecting a referral to the Enlarged Board of Appeal (EBA) on the issue of using post-filed data to support plausibility for inventive step. As such, it was argued, the post-published documents should not be taken into account. 4.2), T 1329/04 (r. 12), and T 433/05 (r.28).

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survey + D's own website plausibly show materiality of presence of even small amounts of phthalates

43(B)log

On its website, the first of its published “Frequently Asked Questions” queries, “Should I be concerned about food and phthalates?” Plaintiffs plausibly alleged that reasonable consumers do care about the presence of phthalates in their food, even in small amounts. Kraft is aware that some consumers are concerned about phthalates.

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Applying G 2/21: Preliminary opinion from the referring Board of Appeal on post-filed evidence appeal (T 0116/18)

The IPKat

Earlier this year, the Enlarged Board of Appeal (EBA) published its decision G 2/21 on the issue of post-published evidence. The question in G 2/21 was whether post-published evidence can be used to support a purported technical effect relied on for inventive step. Are you still confused about "plausibility"?

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court allows some claims based on allegedly misleading statistical claims for pregnancy test: Bayes' Theorem in the courts

43(B)log

Natera’s advertising touted “fewer false positives and fewer false negatives” and offered patients the ability to “[d]iscover more about your baby’s health.” Natera knew, but did not disclose, that Panorama has a high rate of false positives for microdeletion-related and other rare conditions.

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Copyright Trolls Invade Canada Again, Pirates Surprised Despite 6,000 Days’ Notice

TorrentFreak

An RCI article published Friday mentions a lawsuit that lists more than 1,900 IP addresses allegedly linked to piracy of the Ryan Reynolds movie Hitman’s Wife’s Bodyguard. That’s just one of many negative outcomes available to those who foolishly take on people who do law for a living.

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fake sponsored reviews are false even if review content is opinion

43(B)log

Defendants allegedly falsely represented that properties listed on the Roomster platform are real, available, and verified, and that they created or purchased thousands of fake positive reviews to support these representations and placed fake rental listings on the Internet to drive traffic to their platform.

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Bank has Lanham Act standing to assert disparagement claim against former customer (itself a service provider)

43(B)log

SouthState allegedly eventually had to charge off the negative balances of Qoins’s accounts in an amount in excess of $33,000.” Some customers have also reached out to our new bank partner, but they are not in a position to help. While we have seen some customers reach out to SouthState Bank directly, customers have had no luck.