Patent & IP news for September 14, 2012

Patent Litigations

USPTO Stats

6,583
published
appl'ns
5,784
granted
patents
57
ptab
decisions

Patent & IP Blogs

post image Top 10 Weekly Patent & IP News Update from info.articleonepartners.com

Welcome to Article One's Top 10 Weekly News Update. Each week, Article One provides a quick list of the top news in patents and IP. Here are some of the stories that we've ...

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post image Christian Louboutin’s Red-Sole Shoe Trademark Is Valid, To A Limited Extent: Second Circuit from www.iptrademarkattorney.com

The popular Christian Louboutin (CL) shoes’ red sole trademark is readily recognized by the consuming public. But when CL sued Yves Saint Laurent (YSL) for making red soled shoes, the district court disagreed. Finding CL ...

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post image Green Off-Patent Report (Powered by CleanTech PatentEdge) from www.greenpatentblog.com

Our Green Off-Patent Report provides selected highlights of green patents which have completed their 20-year terms and recently expired or will complete their terms and expire within the next week or so (assuming the patentee ...

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post image Top 5: Unique International Patent Rules from info.articleonepartners.com

IP laws vary from country to country, and from patent office to patent office. In some cases, this variation can be very extreme. Whether you are filing a patent application or not, some of the ...

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post image Can You Patent a Steak? – EMP&A client featured in NPR story from www.erikpelton.com

NPR’s Planet Money recently featured a story called “Can You Patent A Steak?“ The story features the work of our client, Antonio Mata, prominently. [To listen to the entire story, see below.]   Mata is ...

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post image Trans-Pacific Partnership Act - A look at the IP provisions from spicyipindia.blogspot.com

Two months ago, we wrote about the 'child of ACTA', the TPP (Trans-Pacific Partnership Agreement) (that post was covered by ExpressPharma along with more Indian views on the TPP here). Unfortunately though, the 'shock' factor ...

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post image EU Electronic Communications Law -- a book review from ipfinance.blogspot.com

EU Electronic Communications Law – Competition and Regulation in the European Telecommunications Market (second edition), by Paul Nihoul and Peter Rodford, was published last year by Oxford University Press.  IP Finance welcomes this review of it ...

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post image PWC 2012 Patent Litigation Study: Courts, Not Congress, Shape Patent Law from www.patentbaristas.com

With the passage of the Leahy-Smith America Invents Act (AIA) last year, which converted the patent system from a ‘first to invent’ to a ‘first inventor to file’ system. The AIA, signed into law in ...

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Santarus, Inc. v. Par Pharmaceutical, Inc. (Fed. Cir. 2012) from www.patentdocs.org

By Andrew Williams -- Last week, the Federal Circuit partially overturned the U.S. District Court for the District of Delaware's decision in Santarus, Inc. v. Par Pharmaceutical, Inc., thereby allowing Santarus to keep Par ...

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PWC Reports Sharp Rise in Patent Litigation Filings from ipspotlight.com

A new study published by PriceWaterhouseCoopers reports that new patent lawsuit filings reached an all-time high in 2011, with a 22% increase over the number of patent lawsuits filed in 2010. The study contains many ...

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Should a Challenge to a Patent’s Validity Based on Claiming Unpatentable Subject Matter (i.e., Bilski) be Addressed at the Pleading Stage? from docketreport.blogspot.com

Yes.
The court granted defendant's motion to dismiss plaintiff's infringement claim for failure to state a claim where the court determined plaintiff's automatic pricing patent covered ineligible subject matter despite plaintiff's ...

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Therasense applied in 1st Media: inequitable conduct is hard to find from ipbiz.blogspot.com

1ST MEDIA, LLC v. ELECTRONIC ARTS, INC. is an important case in inequitable conduct, illustrating points about the intent prong of Therasense.

From within the case:

With respect to the three references, both Lewis and ...

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The America Invents Act: One Year Later (conference) from www.patentlyo.com

By Jason Rantanen Liveblogging the America Invents Act: One Year Later conference at the University of Indiana Mauer School of Law. Warning: Quality may vary. Session 1: Mark Janis - opening remarks. Hard to believe it ...

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German court may defer to EU regulator on Samsung-Apple lawsuits over FRAND patents from www.fosspatents.com

This afternoon I attended the first of a series of four Samsung v. Apple trials (over one patent each) scheduled at the Mannheim Regional Court between today and mid-October. The patent-in-suit is EP1720373 on a ...

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America Invents Act: One Year Later (pt. 2) from www.patentlyo.com

By Jason Rantanen Liveblogging the America Invents Act: One Year Later conference at the Indiana University Mauer School of Law. Warning: Quality may vary. Session 2: First to File/Supplemental Examination I spoke during this ...

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Friday Foreign Filing Roundup from info.inovia.com

Hi everybody! Take a look at the latest in foreign filing/patenting news for the week of September 10th: The newest rule to be implemented under the America Invents Act will ensure that the first ...

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The America Invents Act: One Year Later (Pt. 2) from www.patentlyo.com

By Jason Rantanen Liveblogging the America Invents Act: One Year Later conference at the Indiana University Mauer School of Law. Warning: Quality may vary. Panel 2: Administrative Trials Michael Tierney (Lead judge of BPAI) - New ...

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Inequitable Conduct: Federal Circuit Places another Nail in the Coffin from www.patentlyo.com

By Dennis Crouch 1st Media v. Electronic Arts (Fed. Cir. 2012) In a strong opinion, the Federal Circuit has rejected a district court holding of inequitable conduct in a failure-to-submit case. The appellate court held ...

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Mark T. Banner Scholarship for Law Students from www.patentlyo.com

The Richard Linn Inn of Court in Chicago annually awards a law school scholarship in honor of patent bar leader Mark T. Banner who passed away in late 2007. The deadline for applying for the ...

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The America Invents Act: One Year Later (Pt. 3) from www.patentlyo.com

By Jason Rantanen Liveblogging the America Invents Act: One Year Later conference at the Indiana University Mauer School of Law. Warning: Quality may vary. Keynote speaker - Director David Kappos Director Kappos - Going to talk about ...

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Announcing the Patent Trial and Appeal Board (PTAB) from www.uspto.gov

Guest Blog by Chief Judge James D. Smith, Board of Patent Appeals and Interferences

September 16, 2012 marks a momentous occasion for the Board of Patent Appeals and Interferences.  On that day, we become the ...

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AIA Rules: Citation of Prior Art and Estoppel in Reexamination from www.ipwatchdog.com

In order for one to file a statement of the patent owner in Federal court the submissions must: (1) Identify the forum and proceeding in which patent owner filed each statement, and the specific papers ...

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U.S. Court of Appeals Stands Tall on the Subject of Gene Patents in the Wake of the Mayo v Prometheus Ruling from www.iposgoode.ca

The United States Court of Appeals for the Federal Circuit, in the case Association for Molecular Pathology (AMP) and ACLU v. USPTO and Myriad Genetics (Myriad), held in August that isolated genes are a patent-eligible ...

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Preliminary ruling by ITC judge clears Apple of infringement of four Samsung patents from www.fosspatents.com

[DEVELOPING STORY -- still adding detail]

Administrative Law Judge James E. Gildea just issued his preliminary ruling on Samsung's ITC complaint against Apple. At this stage of the investigation, four Samsung patents, including a couple ...

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The America Invents Act: One Year Later (Pt. 4) from www.patentlyo.com

By Jason Rantanen Liveblogging the America Invents Act: One Year Later conference at the Indiana University Mauer School of Law. Warning: Quality may vary. Panel 3: What did the AIA accomplish? What did it omit ...

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AIA September 16, 2012 Rule Changes from ocpatentlawyer.com

The USPTO has released the final rules to implement the provisions of the America Invents Act effective September 16, 2012. The final rules relate to: Preissuance Submission: Mechanism by which the public can block issuance ...

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New: FreePatentsOnline Adds DE Patent Data, Other Resources from patentlibrarian.blogspot.com

FreePatentsOnline has updated its interface and added some new resources. One of the most interesting developments is the addition of German patent data. Other new features include blogs, a version of the MPEP and a ...

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Inequitable Conduct Now Extremely Difficult to Prove from inventivestep.net

The “plague” of inequitable conduct being argued by every accused patent infringer may indeed be over.  After the Federal Circuit’s decision in Therasense, it seems that it will be extremely difficult to prove the ...

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Designated ICANN CEO Takes Over Early from www.ip-watch.org

The Internet Corporation for Assigned Names and Numbers (ICANN) today announced that designated CEO Fadi Chehadé has assumed his new position. Related Articles:

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Webinar on Draft FDA Biosimilar Guidance from www.patentdocs.org

Strafford will be offering a webinar/teleconference entitled "Biosimilars: Draft FDA Guidance and Emerging Legal Challenges -- Navigating FDA's Approval Pathway, Patent Issues, and the Complexities of Exclusivity" on October 23, 2012 from 1:00 ...

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CLE on K-Dur Case from www.patentdocs.org

Law Seminars International (LSI) will be offering a one-hour telebriefing on the "New Third Circuit Ruling in the K-Dur 'Reverse Payments' Case: Practical Implications for Patent Litigation and FTC Enforcement" on September 20, 2012 from ...

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ABA Webinar/Teleconference on Single Claim Restriction Requirements from www.patentdocs.org

The American Bar Association (ABA) Section of Intellectual Property Law, Section of Science and Technology Law, and Center for Professional Development will be offering a live webinar and teleconference entitled "Single Claim Restriction Requirements: The ...

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