Patent & IP news for June 17, 2013

Supreme Court Strikes Down Isolated DNA Claims; Permits cDNA Claims from inventivestep.net

Last week, the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc.  Justice Thomas, writing for a unanimous Court, ruled that isolated DNA sequences are not patent eligible.  The Court ...

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China leads US in Champagne protection from ipkitten.blogspot.com

"Cheers!" This Kat avoids all sparkling wines, regardless of their geographical provenance, since they get literally up her nose. Far more fun for her are the still, dry products of the vine or, even better ...

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Indian start-up complains about unfair Google Ad-Sense contracts from spicyipindia.blogspot.com

For several years now the Google Empire has been built on the fabulous success of its Ad-Sense program, which places relevant advertisements during the search results on the Google search engine and also on third-party ...

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A designs case! from ipwars.com

Jacobson J has found that Bluescope’s “Smartascreen” metal fencing panel infringed Gram Engineering’s Registered Design No. AU 121344 for a fencing panel as an obvious imitation. Perhaps the most interesting finding, however, is ...

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SpicyIP Weekly Review(June 3rd Week) from spicyipindia.blogspot.com


The week started off with Shouvik bringing us up to speed with trademark infringement threats against movie producers lately. Recently, two movies- ‘Yeh Jawaani Hai Deewani’ and ‘Ankur Arora Murder case’ were on the receiving ...

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The Supreme Court's Myriad Decision: Where Does It Leave the "Inventive Concept" Test? from www.patentdocs.org

By Grantland Drutchas -- Perhaps one of the most intriguing issues coming out of the Supreme Court's Myriad decision is whether it leaves any room for the "inventive concept" test raised by earlier Supreme Court ...

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AMP v. Myriad: A Bad Day At Black Rock from www.patentdocs.org

By Daniel Boehnen -- Last week, The Supremes once again stepped into an area of science/law where their limited knowledge of both fields will create more harm than good. The Supremes' say that the problem ...

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A Look At The Myriad Gene Patent Claims And The USPTO Memo To Examiners On Myriad from www.pharmapatentsblog.com

Now that the Supreme Court has issued its decision in the “ACLU/Myriad” gene patents case (Association For Molecular Pathology v. Myriad Genetics, Inc.), people are wondering what the decision means for the Myriad patents ...

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A Look At The Myriad Gene Patent Claims And The USPTO Memo To Examiners On Myriad from www.pharmapatentsblog.com

Now that the Supreme Court has issued its decision in the “ACLU/Myriad” gene patents case (Association For Molecular Pathology v. Myriad Genetics, Inc.), people are wondering what the decision means for the Myriad patents ...

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USPTO and the Obama Administration Taking Action to Improve Incentives for Future Innovation via High Tech Patents from www.uspto.gov

Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea

This month, President Obama offered a series of sweeping actions that, alongside Congressional steps, will immediately ...

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Comparison Between Invention Patent and Utility Model in China from info.inovia.com

Dr. Jacqueline Lui and Ms. Yolanda Wang, colleagues at Eagle IP Ltd., were kind enough to share a guest article comparing Invention patents and Utility model patents in China. For convenience, they also included a ...

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Anonymous reexamination requests filed against two more patents Apple is suing Samsung over from www.fosspatents.com

Scott Daniels and Cindy Chen report on the WHDA US PTO Litigation Alert blog that anonymous ex parte reexamination requests have just been filed with the USPTO against two Apple patents:

• U.S. Patent No ...

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EU Commissioner: PRISM Will Hurt US Businesses, Create EU Opportunities from www.ip-watch.org

European Commission Vice-President responsible for the Digital Agenda, Neelie Kroes, today told a US business group that revelations about the US government's mass surveillance programmes would hurt US businesses, but create opportunities for European ...

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Supreme Court Adds Antitrust Consideration to Patent Settlements. from www.patentlyo.com

By Dennis Crouch FTC v. Actavis, Inc. (Supreme Court 2013) In a 5-3 Decision authored by Justice Breyer, the US Supreme Court has held that a rule-of-reason analysis applies to determine whether a reverse-payment patent ...

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IBM Seeks Patent on Filtering Online Reviews from www.ipwatchdog.com

One application assigned to IBM would protect a system of allocating software resources to a user’s network account once their presence is detected at a facility. An patent awarded by the USPTO protects an ...

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New CAP study on economic growth from www.athenaalliance.org

The Center for American Progress (CAP) has issued a new comprehensive study on restoring U.S. economic growth: 300 Million Engines of Growth. The report is a good compilation of ideas for previous CAP studies ...

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Infojustice: The Topsy-Turvy US International Trade Commission from www.ip-watch.org

Infojustice.org examines the evolving responsibilities of the US International Trade Commission (ITC) and its decision to bar imports of older Apple iPhones and iPads, finding that they infringed patents held by Samsung. Related Articles ...

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Infojustice: A Bumpy Road To Net Neutrality In Brazil from www.ip-watch.org

Infojustice.org reports: On May 23, Brazil’s federal communications commission – ANATEL – passed a resolution with sweeping implications for internet service provision, net neutrality, and regulatory power. Related Articles:

• Public Interest Groups Take Aim At ...

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Ex parte Shen on "intended use or purpose" from ipbiz.blogspot.com

from Ex parte Shen


It is well established that “[a]n intended use or purpose usually will not limit the scope of the claim because such statements usually do no more than define a context ...

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Rose case discussed in Ex parte Shotwell from ipbiz.blogspot.com


On design choice:



The Appellant’s contentions are not persuasive. The Examiner
articulates that the modification of size of Conaway’s bin is based on a design choice. “Design choice” is appropriate where the Appellant ...

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Supreme Court Strikes Down Isolated DNA Claims; Permits cDNA Claims from inventivestep.net

Last week, the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc.  Justice Thomas, writing for a unanimous Court, ruled that isolated DNA sequences are not patent eligible.  The Court ...

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Group Of Experts Looks At High Price Of Cancer Drugs from www.ip-watch.org

Prices of cancer drugs must be lowered to be affordable for patients and to maintain sound long-term healthcare policies, according to a group of chronic myeloid leukemia (CML) experts in a recent Blood journal editorial ...

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WDWA allows lost profits market share evidence based on third party analyst reports; rejects 3X litigation multiplier for reasonable royalty from patent-damages.com

On March 11, 2013, the WDWA issued an opinion in Avocent Redmond Corp. v. Rose Electronics, Case No. C06-1711RSL (Doc. No. 874), addressing Belkin’s Daubert motion to exclude opinions by Avocent’s damages expert ...

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No Distinction Between Method and System Claims for Divided Infringement Analysis from docketreport.blogspot.com

The court denied in part defendants' motion for summary judgment of noninfringement as to plaintiff's call processing patents and rejected defendants' argument regarding divided infringement. "[Plaintiff] argues that [defendant] is liable for direct infringement ...

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Unintended Consequences of the New USPTO Micro Entity Fees from www.ipwatchdog.com

Ever since March 19, 2013, I have been feeling slightly uncomfortable asking one question to some of my new clients. What is that question you ask? It is: “What was your household income in the ...

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At G8: EU, US Kick Off Bilateral Trade Negotiations from www.ip-watch.org

During day one of the Summit of the G8 countries at Lough Erne Golf Resort in Enniskillen, Northern Ireland today, President Barack Obama, British Prime Minister David Cameron and the President of the European Commission ...

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US Supreme Court Restricts Gene Patents … A Little from www.ip-watch.org

Last Thursday, the United States Supreme Court overturned more than 30 years of precedents and ruled that isolated genes cannot be patented. They are products of nature and thus not patent-eligible subject matter, the court ...

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Drug Deals from www.patenthawk.com

Reverse payment deals to effectively extend patent protection for drug makers has been approved by the courts. But the FDA took a dim view in one instance, finding antitrust implications. For that it got slapped ...

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