Category Archives: patent

ISHTIP at Penn, part 4

Session 2 | Dina Leytes (Griesing Law, LLC), Moderator   Lord Eldon, Lord Byron, and the Public Domain Gary Dyer (Cleveland State University) Commentator | Simon Stern (University of Toronto)   Byron’s strategies to deal with Eldon’s doctrine that created … Continue reading


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ISHTIP at Penn, part 3

Session 1 | Ellen Goodman (Rutgers), Moderator   Access and Development: The History of ‘Development’ and WIPO Sara Bannerman (McMaster University) Commentator | Christopher S. Yoo (University of Pennsylvania) (Yoo presenting Bannerman’s paper, followed by responses from Bannerman)   First, … Continue reading

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ISHTIP at Penn, part 1

International Society for the History and Theory of Intellectual Property (ISHTIP) Program 2015   Center for Technology, Innovation, and Competition (Penn Law) and the Cinema Studies Program (Penn Arts and Sciences)   Early Career, Panel 1 | Peter Jaszi (American … Continue reading

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False patent marking isn’t material to business customers

Pactiv, LLC v. Multisorb Technologies, Inc., 63 F.Supp.3d 832 (N.D. Ill. 2014)   Pactiv and Multisorb compete to sell oxygen absorbers—“packets of chemicals that react with moisture to absorb oxygen when placed inside food containers,” keeping food fresher longer. The … Continue reading

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False patent marking not actionable under Lanham Act

Leisure Concepts, Inc. v. California Home Spas, Inc., 2015 WL 3658190, No. 14–CV–388 (E.D. Wash. June 12, 2015)   Leisure and CHS compete in spa products, including spa cover lifters.  Leisure’s CoverMate I is protected by a patent, which it … Continue reading

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“How can the academy best contribute to IP policy?”

Moderator:      F. Scott Kieff, US International Trade Commission and George Washington University   Panelists:         Stephen Haber, Hoover Institution and Stanford University: Good policy making starts with good research. Literature on patenting lacks the serious empirical work that exists in other … Continue reading

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What Is the Academy’s Role in Evidence-based Policy Making for Intellectual Property?

Hoover Institution & USPTO   Welcome:        Shira Perlmutter, US Patent and Trademark Office Initial Edison Scholars to help with evidence-based policymaking—Peter Menell (claim construction) and Jay Thomas.  Jay Kesan: harmonization and cross-country comparisons of patent examination.  In 2013, Congress and … Continue reading

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Apples-to-oranges comparison is literally false, justifies finding of irreparable harm

Market Track, LLC v. Efficient Collaborative Retail Marketing, LLC, 2015 WL 3637740, No. 14 C 4957 (N.D. Ill. June 11, 2015)   Market Track provides business intelligence services, principally tracking and analyzing information relating to consumer advertising. ECRM is Market … Continue reading

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Is nominative fair use an affirmative defense in the 9th Circuit?

Zest IP Holdings, LLC v. Implant Direct Mfg. LLC, No. 10cv541, 2015 WL 1510755 (S.D. Cal. Feb. 3, 2015)   As usual, I’m ignoring the patent parts of this patent/trademark/false advertising case.  Zest alleged that Implant Direct sold the “GoDirect” … Continue reading

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Pleading around Dastar?

Kowalski v. Anova Food, LLC, 2014 WL 8105172, No. 11–00795 (D. Hawai’i Dec. 31, 2014)   Kowalski owns a patent entitled “Process For Manufacturing Tasteless Super–Purified Smoke For Treating Seafood To Be Frozen And Thawed.” He sued Anova for patent … Continue reading

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