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Patent Law Canons and Canards: Bonito Boats

Patently-O

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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A Rare Invocation for a Rare Disease?: Government Urged to Invoke Section 100, Patents Act for Rare Disease Medicine

SpicyIP

However, no details are present in the public domain. The threat of bilateral consequences or similar allied issues will never be absent, how then the Right to Health will be guaranteed by the State, if not through its own enacted laws? Another similar petition (Seba P.A v Union of India – WP(C) No.

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E.D. Va. Affirms TTAB: Timberland Boot Design is Functional and Lacks Acquired Distinctiveness

The TTABlog

Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain. To conclude that TBL can strip the public's right to copy and benefit from these features today would be antithetical to the pro-competitive objectives of both trademark and patent law.

Designs 96
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Examining Oppositions: Time for a Deeper Look

SpicyIP

The Comparative Analysis section almost exclusively focuses on patent practices of developed countries. India is a developing country and is a major part of the global supply chain for pharmaceutical products. health insurance coverage) works for their population, to me, sounds not a like-to-like comparison.

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Book Review: Intellectual Property and the Design of Nature

The IPKat

The other two chapters turn to the conceptualisation of nature in patent law. In 'Denaturing Bacteria', Daniel Schneider discusses the controversy over the patenting of biological sewage treatment and questions of the public interest.

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[Guest Post] Book Review: Research Handbook on Intellectual Property Rights and Inclusivity

The IPKat

Francesca Benatti explores how religious groups may protect their interests, for instance through morality clauses in trade mark and patent law. Caterina Sgagna raises the important issue of IP and accessibility of works for persons with disabilities.

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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

In Dastar , the defendant had copied footage from an old television series that had entered the public domain, made minor edits, and sold the resulting videos as its own product without attribution to the original creators. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. §