Sun.Jan 14, 2024

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Don't shoot yourself in the foot: European file history in US patent claim interpretation (K-fee v Nespresso)

The IPKat

In the US, the principle of file wrapper estoppel is well established. S ubmissions made in US patent prosecution may be highly influential for claim interpretation post-grant. Additionally, as recently highlighted in K-fee v Nespresso (Case No. 22-2042, Fed. Cir. Dec. 26, 2023), file wrapper estoppel in the US does not stop at the US file wrapper. Submission made in other jurisdictions, including Europe, may also be cited against the patentee.

Patent 120
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Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds

SpicyIP

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. SpicyIP Intern Veda Chawla discusses this order. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi.

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Personality disorder

Likelihood of Confusion

When will we ever learn? The story here is about a lawsuit by lawyer Moira Bernstein, who complains, on behalf of a purported class, that by listing her plain-vanilla attorney name. The post Personality disorder appeared first on LIKELIHOOD OF CONFUSION™.

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Share With Care: 2,217 Domains Blocked, The Majority For Circumvention

TorrentFreak

At the height of the online file-sharing boom, the phrase ‘Sharing is Caring’ was a reminder that peer-to-peer file-sharing systems lived or died on the availability of upload bandwidth. Its presentation allowed it to be about much more than that. The ‘give to get’ philosophy forms part of the BitTorrent protocol even today, but Sharing is Caring was a phrase that could influence human behavior, to the benefit of the wider file-sharing movement, with no suggestion of pres

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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The Taste of Triumph: Lays Sweeps Potato Variety IP Dispute

SpicyIP

Lays Bags the Win A division bench (DB) consisting of Justice Yashwant Varma and Justice Dharmesh Sharma has nullified on 09 January 2023, the single bench’s (SB) ruling from 05 July, 2023 (discussed by Niyati here ) and the order of the Authority established under Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA), 2001, along with its letter dated February 11, 2022, which denied PepsiCo’s application for the renewal of patent registration on a potato seed variety- FL 20

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Ethical Infantilism in the Age of Technological Advancement

Patently-O

by Dennis Crouch Martin Luther King Jr. received the Nobel Peace Prize in 1964 , and I re-read his speech today — especially the portion contrasting development of science and technology against development of the human spirit. The past 60 years have continued to reveal astonishing discoveries and invention. Yet King’s words and warnings continue to resonate because we have continued to neglect our internal realm.