Patent & IP news for June 20, 2013

Patent Litigations

USPTO Stats

7,914
published
appl'ns
4,665
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Confidence preserved: a concrete ruling on an abstract contract from ipkitten.blogspot.com

Orr-Adams (trading as Applied Concrete Systems, a Partnership) v Bailey (trading as G Bailey Services) [2013] EWPCC 30 is a Patents Count Court decision of Katfriend and long-time IP enthusiast Miss Recorder Amanda Michaels last ...

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Federal Circuit Affirms Obviousness of Novo Nordisk's PRANDIN Patent from www.orangebookblog.com

Novo Nordisk v. Caraco Pharm. Labs., No. 2011-1223 (Fed. Cir.) by Timothy M. Long In its third trip to the Federal Circuit, the court on Tuesday affirmed a decision holding claim 4 of Novo's ...

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Supreme Court Applies Antitrust Scrutiny To ANDA Reverse Payment Settlement Agreements from www.pharmapatentsblog.com

In Federal Trade Commission v. Actavis, Inc., the Supreme Court held that reverse payment (“pay-for-delay”) settlement agreements made in the context of settling Hatch-Waxman ANDA litigation should be evaluated for antitrust violations under a “rule ...

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Supreme Court Applies Antitrust Scrutiny To ANDA Reverse Payment Settlement Agreements from www.pharmapatentsblog.com

In Federal Trade Commission v. Actavis, Inc., the Supreme Court held that reverse payment (“pay-for-delay”) settlement agreements made in the context of settling Hatch-Waxman ANDA litigation should be evaluated for antitrust violations under a “rule ...

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PTAB reverses examiner in Ex parte SCHURG from ipbiz.blogspot.com


from Ex parte Schurg

On inherency:


The express, implicit, and inherent disclosures of a prior art reference
may be relied upon in the rejection of claims under 35 U.S.C. §§ 102 or 103.
“The ...

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Rejection affirmed in Ex parte MASLOWSKI from ipbiz.blogspot.com


From Ex parte Maslowski



Non-obviousness cannot be established by attacking
references individually where the rejection is based upon the teachings of a
combination of references. In re Merck & Co., 800 F.2d 1091, 1097 (Fed ...

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Federal Circuit: No Deference to PTO Factual Findings from Prosecution from www.patentlyo.com

By Dennis Crouch Novo Nordisk v. Caraco Pharma (Fed. Cir. 2013) In a divided opinion, the Federal Circuit has affirmed a lower court trial ruling that Novo's diabetes treatment patent is invalid as obvious ...

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“Decisiveness” of Jury Verdict Warrants Higher Post-Verdict Ongoing Royalty Rate from docketreport.blogspot.com

The court granted plaintiff's motion for an ongoing royalty at a post-verdict rate of 8% (instead of the 9% rate requested by plaintiff) following a jury verdict awarding plaintiff a 6% royalty for past ...

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Mixed decision in Ex parte Fairbourn from ipbiz.blogspot.com


from within Ex parte Fairbourne

The examiner cites In re Fout,675 F.2d 297, 301 (CCPA 1982 ) as to interchangeability. Siebentritt, 372 F.2d 566, 568 (CCPA 1967) is also cited.

**As to Fout ...

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FTC preparing broadbased Section 6(b) cost-benefits analysis of patent assertion entities from www.fosspatents.com

I just listened (via webcast) to a special keynote address by FTC Chairwoman Edith Ramirez on "Competition Law & Patent Assertion Entities: What Antitrust Enforcers Can Do". As previously reported by the New York Times, the ...

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Visually Impaired, Civil Society, Industry Defend Their Stakes In Marrakesh from www.ip-watch.org

This week's World Intellectual Property Organization Marrakesh Diplomatic Conference, anticipated to deliver an international treaty allowing visually impaired people wider access to books, is also an arena where different stakeholders hope to influence the ...

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Ex parte YAMAZAKI from ipbiz.blogspot.com

from Ex parte YAMAZAKI

Of a rejection for lack of utility:


While the Examiner emphasizes that the Specification provides no
evidence of an operative embodiment therein “which can operate in the
entire claimed range of ...

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Federal Circuit schedules appellate hearing on Microsoft-Google ITC case for August 6, 2013 from www.fosspatents.com

Today the United States Court of Appeals for the Federal Circuit gave notice that the cross-appeal of the import ban the ITC ordered about a year ago against Motorola's Android devices implementing a certain ...

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Experts Propose Principles For IP Provisions In Bilateral, Regional Agreements from www.ip-watch.org

For several years, research at the Max Planck Institute for Intellectual Property and Competition Law (MPI) – in collaboration with experts from all over the world – has examined the trend of bilateral and regional agreements that ...

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WIPO June Newsletter Recap from info.inovia.com

WIPO publishes a monthly newsletter with the latest announcements relating to the filing of applications under the Patent Cooperation Treaty (PCT).  For your consideration, we put together some highlights from the June 2013 edition: WIPO ...

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170 Members Of US Congress Pressure India On IP Rights from www.ip-watch.org

A large portion of the United States Congress this week signed on to a letter to President Obama criticising India for its treatment of intellectual property rights. Related Articles:

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ITC Institutes Investigation (337-TA-882) Regarding Certain Digital Media Devices from www.itcblog.com

On June 12, 2013, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets ...

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ALJ Bullock Issues Supplemental Claim Construction Order in Certain Wiper Blades (337-TA-816) from www.itcblog.com

On June 12, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 69 (dated May 22, 2013) construing certain disputed terms in Certain Wiper Blades (Inv. No. 337-TA-816). By way of ...

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ALJ Essex Terminates Investigation In Certain Reduced Folate Nutraceutical Products (337-TA-857) from www.itcblog.com

On June 11, 2013, ALJ Theodore R. Essex issued Order Nos. 14 and 15 in Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein (Inv. No. 337-TA-857). According to Order No. 14, Complainants ...

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ITC Institutes Investigation (337-TA-883) Regarding Certain Opaque Polymers from www.itcblog.com

On June 18, 2013, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Opaque Polymers (Inv. No. 337-TA-883). The investigation is based on a May ...

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Are you up to date? from www.717madisonplace.com

Over the past couple of years, I’ve been writing the intellectual property chapter for the Colorado Bar Association’s book Annual Survey of Colorado Law.  While the book focuses on Colorado law, the intellectual ...

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ITC institutes investigation of Nokia's second complaint against HTC -- VP8 also at issue from www.fosspatents.com

Late on Thursday the United States International Trade Commission ("USITC", or just "ITC") gave notice of its (expected) decision to investigate Nokia's second complaint against HTC, filed about four weeks ago.

In this new ...

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ACI "Advanced Summit on Global Patenting Strategy & Practice," New York City, July 15-16 from www.orangebookblog.com

American Conference Institute will be holding its first "Global Patenting Strategy & Practice" conference July 15-16 in New York. McAndrews, Held & Malloy Partner Scott McBride will be speaking on strategies for protecting trade secrets in multiple ...

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