Patent & IP news for December 7, 2012

Patenting Animals Produced through Selective Breading from www.patentlyo.com

By Dennis Crouch In re Ditto (Fed. Cir. 2012) In a non-precedential opinion, the Federal Circuit done it again (ditto) and affirmed the PTO Patent Board decision rejecting patentability. Here, the court affirmed that Mr ...

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Patenting Animals Produced through Selective Breeding from www.patentlyo.com

By Dennis Crouch In re Ditto (Fed. Cir. 2012) In a non-precedential opinion, the Federal Circuit done it again (ditto) and affirmed the PTO Patent Board decision rejecting patentability. Here, the court affirmed that Mr ...

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Pre-GATT Patent Applications Threatened by Lamar Smith's H.R. 6621 from www.patentdocs.org

By Kevin E. Noonan -- Lurking in H.R. 6621, a bill entitled "To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code" and introduced on November 30th ...

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Suing the USPTO for Issuing Bad Patents from www.patentlyo.com

Pregis v. Kappos and Free-Flow Packaging (Fed. Cir. 2012) Pregis was bothered by its competitor Free-Flow's air-packaging patents and so, in 2009, Pregis sued Free-Flow for declaratory judgment of invalidity and non-infringement. In the ...

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November employment from www.athenaalliance.org

November's employment data from BLS showed an increase of 146,000 jobs with the unemployment rate dropping to 7.7%. Economists had warned that the numbers might be a little strange, in large part ...

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Apple vs Samsung: The Smartphone Patent War Continues from www.ipwatchdog.com

Why is this fight so important? It could be a crucial decision for both companies, with the winner gaining leverage in the fast-paced and ever-growing billion dollar market. Each side wants to protect their stake ...

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From South Africa: Keeping Traditional Knowledge Traditional from www.ip-watch.org

There has been a tidal wave of severe criticism of the South African government’s proposed legislation to provide for protection for traditional knowledge in domestic South African law, writes Prof. Owen Dean. Now, the ...

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Supreme Court Takes on Myriad from www.iplawalert.com

As anticipated, the Supreme Court has granted certiorari in Association for Molecular Pathology v. Myriad Genetics, et al. (the “Myriad” case) to review the Circuit Court’s opinion. The Court previously granted certiorari to vacate ...

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IPO to Award National Inventor of the Year to Kinect Inventor from www.ipwatchdog.com

On Monday, December 10, 2012, Intellectual Property Owners Education Foundation will honor 39th Annual National Inventor of the Year Alex Kipman, 2012 Distinguished IP Professional Judge James Holderman, and the six winners of the Second ...

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ALJ Pender Grants Motion For Partial Termination In Certain Food Waste Disposers (337-TA-838) from www.itcblog.com

On December 4, 2012, ALJ Thomas B. Pender issued Order No. 6 in Certain Food Waste Disposers and Components and Packaging Thereof (Inv. No. 337-TA-838). According to the Order, ALJ Pender granted Complainant Emerson Electric ...

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ALJ Shaw Issues Public Version Of Enforcement Initial Determination In Certain DC-DC Controllers (337-TA-698) from www.itcblog.com

On November 30, 2012, ALJ David P. Shaw issued the public version of the Enforcement Initial Determination (“EID”) (dated June 8, 2012) in Certain DC-DC Controllers and Products Containing Same (Inv. No. 337-TA-698). By way ...

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Maintaining Uncertainty in the Standard of Review for Exceptional Cases from www.patentlyo.com

By Jason Rantanen Highmark, Inc. v. Allcare Health Management Systems, Inc. (Fed. Cir. 2012) (Order Denying Rehearing En Banc) Download 11-1219 order Concurring opinion by Judge Dyk, joined by Judge Newman Dissenting opinion by Judge ...

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Geographical Indications Catching Up With Appellations of Origin At WIPO from www.ip-watch.org

A happy mood was in order at the close of a World Intellectual Property Organization meeting on the protection of product names indicating their origin, particular qualities and reputation. Geographical indications are being considered for ...

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By Dennis Crouch FTC v. Watson Pharmaceuticals, 12-416 (SCOTUS 2012) The Supreme Court has granted certiorari in the pharmaceutical reverse-payment case. Issue presented: Whether reverse-payment agreements are per se lawful unless the underlying patent litigation was a sham or the... from www.patentlyo.com

By Dennis Crouch FTC v. Watson Pharmaceuticals, 12-416 (SCOTUS 2012) The Supreme Court has granted certiorari in the pharmaceutical reverse-payment case. Issue presented: Whether reverse-payment agreements are per se lawful unless the underlying patent litigation ...

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ALJ Bullock Grants Motion To Terminate-In-Part Investigation In Certain Products Containing Interactive Program Guide And Parental Controls Technology (337-TA-820) from www.itcblog.com

On December 5, 2012, Chief ALJ Charles E. Bullock issued Order No. 52 granting Respondent Vizio, Inc.’s (“Vizio”) unopposed renewed motion to terminate-in-part this investigation as to U.S. Patent No. RE41,993 (the ...

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Chair Of Stalled WTO Talks On GIs May Take Another Tack from www.ip-watch.org

World Trade Organization negotiations to establish a multilateral register of geographical indications continue to be stalled over whether talks should apply only to wines and spirits as mandated, or can extend to other products and ...

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