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SpicyIP Weekly Review (April 29- May 05)

SpicyIP

Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Microsoft Technology Licensing LLC v. Controller of Patents.

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“Right to Access a Public Record” vs “Right to not Communicate the Work”: Where is Public Interest?”

SpicyIP

The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities. Background.

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Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• 20 of 2016, dated December 1, 2016, regarding the Protection of Personal Data in Electronic Systems. Patent: Blockchain-related inventions can be protected as patents.

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WIPIP Concurrent Session #3: Copyright Doctrine

43(B)log

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

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Claim Construction Order Sets Stage for Moderna v. Pfizer Vaccine Patent Showdown

Patently-O

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein. Note that the court broadly defined betacoronavirus to include later-invented forms. See Phillips v.

Patent 97
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[GuestPost] Opinion: Skirting FRAND requirements under the guise of promoting innovation and efficiency (Part II)

The IPKat

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

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A Look Back at India’s Top IP Developments of 2023

SpicyIP

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. the licensee.

IP 124