Patent & IP news for June 7, 2013

Patent Litigations

USPTO Stats

6,224
published
appl'ns
5,953
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Cybor Watch: Additional Briefs Filed in En Banc De Novo Claim Construction Appeal from www.grayonclaims.com

Lighting Ballast Control LLC v. Philips Electronics North America Corporation

This blog is continuing work on collecting all of the briefs filed (both by the parties and amici) in the pending Lighting Ballast appeal regarding ...

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post image Doctrine of Equivalents and Prosecution History Estoppel in Sweden, Who Knew? from ipkitten.blogspot.com

Peter Kenamets The IPKat was fascinated to hear a report of a decision of the Swedish Appeal court about the doctrine of equivalents and prosecution history estoppel as it applies in that country.  He asked ...

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post image Love it or Leave it: new MALL OF AMERICA logo from www.erikpelton.com

The world’s largest retail complex – the MALL OF AMERICA® - recently unveiled a new logo design and a new slogan. While a shopping mall may not seem terribly exciting in the world of brands, the ...

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post image Status quo emplyment data for May from www.athenaalliance.org

This morning's employment numbers are roughly at status quo: unemployment rate at 7.6% and 175,000 net new jobs. One of the items I am tracking is the involuntary underemployed (part-time for economic ...

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post image Smart machines and the future of IP: What do I tell my grandchildren? from ipkitten.blogspot.com

The question, as posed, is simple—how will IP practice fold into the future landscape of knowledge workers? The query arose while reading the Schumpeter column, entitled "The age of smart machines", here, that appeared ...

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New from Abroad: Spain's Further Challenges to the Unitary Patent Regulations from www.patentdocs.org

Following on from their previous challenge to the adoption of the unitary patent system on the basis of the concept of enhanced cooperation, and as eventually dismissed by the Court of Justice of the European ...

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News from Abroad: Court of Appeal Refers Questions on Specific Mechanism to Court of Justice of European Union from www.patentdocs.org

Merck Canada Inc and Merck Sharp & Dohme Ltd v Sigma Pharmaceuticals plc Prior to their accession to the European Patent Convention, several states did not allow patent protection for pharmaceutical products. To address this, a ...

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WIPO Study: Informal Economy Important To Developing Country Growth, But No IP from www.ip-watch.org

During a recent meeting of the World Intellectual Property Organization Committee on Development and Intellectual Property (CDIP), a study on innovation in the informal economy was presented by the organisation's secretariat. The exercise was ...

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Boeing Patent Application to Help Detect Infectious Disease from www.ipwatchdog.com

The U.S. Patent and Trademark Office is often publishing applications and awarding patents to Boeing for their technological developments for aircraft. This week on IPWatchdog’s Companies We Follow series, we take a look ...

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IBM KSR'd in Ex parte Willis from ipbiz.blogspot.com

From Ex parte Willis


We agree with the Examiner that modifying Istfan to terminate an
order attempt if the individual group member submits a predetermined
number of consecutive invalid orders, as taught by Kou, is ...

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Apparatus claims must be distinguished from prior art based on structure, not function or result from ipbiz.blogspot.com

The Board affirmed the examiner in Ex parte STAVENJORD

As to apparatus claims:


Claims directed to an apparatus must be
distinguished from the prior art in terms of structure rather than function.
See In re ...

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Kenyon & Kenyon loses in Ex parte STOSCHEK from ipbiz.blogspot.com

From Ex parte STOSCHEK


Of apparatus claims


While features
of an apparatus may be recited either structurally or functionally, claims
directed to an apparatus must be distinguished from the prior art in terms of
structure ...

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HP loses in Ex parte Barr from ipbiz.blogspot.com

From Ex parte Barr

Of written description


We agree with the Examiner, and further find that the meaning of one
of the limitations of the claims cannot be determined from the Specification
and drawings. The ...

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Sarcastic argument fails at PTAB from ipbiz.blogspot.com


from Ex parte Stringer


Appellant responds by arguing “What could be more clear than that?” App.
Br. 7.
Appellant then states that, in the interest of “even more” clarity,
Appellant will amend the claims, correct ...

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Applicant loses in toilet paper dispenser case from ipbiz.blogspot.com

From Ex parte Gabor directed to toilet paper rolls:


Accordingly, we conclude that claims 7, 8, 21, 22, and 25-27 are
indefinite for failing to particularly point out and distinctly claim the subject
matter which ...

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Let’s Keep it a Secret from ipspotlight.com

One June 6, 2013, I had the opportunity to attend a spirited panel discussion about trade secrets.  The session, titled “Let’s Keep it a Secret:  Protecting, Valuing and Licensing Trade Secrets,” was hosted by ...

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Let’s Keep it a Secret from ipspotlight.com

One June 6, 2013, I had the opportunity to attend a spirited panel discussion about trade secrets.  The session, titled “Let’s Keep it a Secret:  Protecting, Valuing and Licensing Trade Secrets,” was hosted by ...

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Friday Foreign Filing Roundup from info.inovia.com

For your consideration we have gathered the latest in foreign patent filing news from the first week in June: The USPTO hosted a meeting of the world's five largest IP offices, as they renewed ...

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NJ Firm Seeks Independent Contractor Patent Attorney/Agent from www.ipwatchdog.com

The Law Office of David J. Rosenblum is seeking a Patent Attorney/Agent for a Telecommuting, Independent Contracting position. Related posts:
  1. Job Opening – Midlevel Patent Prosecution Associate – DCThis prominent international firm seeks a mid-level ...

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EU Court Backs Secrecy, Privileged Industry Access In Trade Talks from www.ip-watch.org

Secrecy in trade negotiations and privileged access for business and trade associations does not violate EU law, according to a judgment handed in by the Court of the European Union in Luxembourg today. Related Articles ...

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Apple Seeks Patent on Gaze Detection Capabilities from www.ipwatchdog.com

This week, we’re featuring a number of interesting new patents and published applications from the U.S. Patent & Trademark Office that have been assigned to Apple. A few of the applications we’ve chosen ...

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IPXI Launches Its First Unit License Right Contract Offering from www.iplawalert.com

We have been reporting news and developments regarding the Intellectual Property Exchange International, Inc. (IPXI).

Yesterday, the IPXI released details of its first Unit License Right (ULR) contract offering, involving among other assets, a portfolio ...

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No Joinder of Parties in PGR and CBM Proceedings from docketreport.blogspot.com

The Board denied the petitioner's request for authorization to file a motion to join additional parties to the proceeding as petitioners and as real parties-in-interest because the AIA lacked any statutes or rules for ...

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Fight Litigation Misconduct, But Not Through Hyperbole from www.patentlyo.com

By Dennis Crouch In a recent NYTimes op-ed, Chief Judge Randall Rader joined professors David Hricik and Colleen Chien in calling for judicial action in awarding attorney fees under Section 285 of the Patent Act ...

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WTO Members Agree On Draft Extension Of TRIPS Transition For LDCs from www.ip-watch.org

World Trade Organization members today reached a draft decision on a request put forward by least-developed countries to extend the period during which they do not have to comply with international rules of intellectual property ...

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855) from www.itcblog.com

On June 4, 2013, Chief ALJ Charles E. Bullock issued Order No. 126 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855). According to the Order, Complainants ...

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ALJ Pender Denies Motion Seeking To Preclude Evidence In Certain Electronic Devices, Including Mobile Phones And Tablet Computers (337-TA-847) from www.itcblog.com

On May 29, 2013, ALJ Thomas B. Pender issued Order No. 18 (dated May 28, 2013) in Certain Electronic Devices, Including Mobile Phones and Tablet Computers, and Components Thereof (Inv. No. 337-TA-847). According to the ...

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ALJ Bullock Sets Procedural Schedule In Certain Linear Actuators (337-TA-880) from www.itcblog.com

On June 4, 2013, Chief ALJ Charles E. Bullock issued Order No. 5 in Certain Linear Actuators (Inv. No. 337-TA-880). In the Order, ALJ Bullock set the procedural schedule for the investigation.  ALJ Bullock included ...

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ALJ Pender Terminates Investigation As To Belkin In Certain Electronic Devices Having Placeshifting Or Display Replication Functionality (337-TA-878) from www.itcblog.com

On June 5, 2013, ALJ Thomas B. Pender issued Order No. 4 in Certain Electronic Devices Having Placeshifting or Display Replication Functionality and Products Containing Same (Inv. No. 337-TA-878). According to the Order, Complainant Sling ...

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InterDigital wins reversal in ITC case involving LG from ipbiz.blogspot.com

In the precedential Interdigital v. ITC at the CAFC, the appellant Interdigital won a reversal:


The ITC terminated the
investigation in favor of arbitration on the basis of a prior
patent license agreement between InterDigital ...

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Sarcastic post on Obama plagiarism from ipbiz.blogspot.com

IPBiz has noted, repeatedly, that copyright infringement and plagiarism are not the same thing. But, even in humor, we have The real scandal is Obama’s blatant copyright infringement and plagiarism .

The gist of the ...

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A CAFC case on searching prior art, In re Yeager from ipbiz.blogspot.com

Although not a monumental legal case, the CAFC decision in IN RE ROBERT YEAGER merits a look by patent attorneys, both because of the subject matter [methods of identifying relevant prior art references
within a ...

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CAFC addresses attorney fees in exceptional case from ipbiz.blogspot.com

From Precision Links v. USA Products

The court notes -- This is an appeal from an award of attorney fees in a
patent case. -- and observes -- “because of the substantial economic and reputational
impact of an ...

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HP loses at PTAB in Ex parte Sharma from ipbiz.blogspot.com

Non-functional descriptive material does in HP in Ex parte Sharma

Ex parte Nehls, 88 USPQ2d 1883, is cited.

The topic of ordering references in an obviousness rejection arises, and PTAB cites In re Mouttet, 686 ...

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102(e) rejection affirmed by PTAB in Ex parte Cheves from ipbiz.blogspot.com

from Ex parte Cheves

In re Best is cited, although not for the usual reason:



A prima facie case can be rebutted by evidence showing that the prior
art products do not necessarily possess the ...

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Webinar on Biopharmaceutical Patenting in Russia from www.patentdocs.org

Gorodissky & Partners will be offering a webinar entitled "Legal issues of protection and enforcement of biopharmaceutical patent rights in Russia" from 12:15 to 1:15 pm (EST) on June 13, 2013. Dmitry Klimenko, PhD ...

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Webinar on Biotechnology Patents at the U.S. Supreme Court from www.patentdocs.org

McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar on "Biotechnology Patents at the U.S. Supreme Court: 2012-2013 Term" on July 11, 2013 from 10:00 am to 11:15 am (CT ...

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Webinar on CLS Bank v. Alice Corp. from www.patentdocs.org

Strafford will be offering a webinar/teleconference entitled "CLS Bank v. Alice Corp.: Navigating Patent Eligibility of Software-Related Inventions Absent Clear Guidance" on July 10, 2013 from 1:00 - 2:30 pm (EDT). Michael L ...

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