Patent & IP news for June 27, 2013
Patent Litigations
- International Business Corporation, Inc. v. Wal-Mart Stores, Inc. et. al. filed 2013-06-26 in Georgia Northern
- Alpex Pharma S A et. al. v. Zydus Pharmaceuticals USA Inc. et. al. filed 2013-06-26 in Delaware
- Cherdak v. Garmin International, Inc. et. al. filed 2013-06-26 in Virginia Eastern
- International Business Corporation, Inc. v. Mr. Bar-B-Q, Inc. et. al. filed 2013-06-27 in Georgia Northern
- ABnote USA, Inc. v. Teraco, Inc. filed 2013-06-27 in Massachusetts
- TET Systems Holding GMBH & Co. KG v. Aerpio Therapeutics Inc. et. al. filed 2013-06-27 in Delaware
- Energy Sciences, Inc. v. PCT Engineered Systems LLC filed 2013-06-27 in Massachusetts
- Michael Trunzo v. Howard B Grobstein et. al. filed 2013-06-25 in California Central
USPTO Stats
7,106
published
appl'ns
appl'ns
5,854
granted
patents
patents
64
ptab
decisions
decisions
Patent & IP Blogs
Which comes first - patent infringement or FRAND? "Patent infringement", says Birss J (Part I) from ipkitten.blogspot.com The AmeriKat has figured out
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one strategy: keeping warm in
the garden during the English summers
(courtesy of Joe Delaney) As a litigator, you spend your days grappling with legal strategy, client demands and barrister ...
Which comes first - patent infringement or FRAND? "Patent infringement", says Birss J (Part II) from ipkitten.blogspot.com The discussion
Telling the difference between
the two types of cases is as easy as
telling the difference between
these two kittens. There are two kinds of cases, commenced Birss J:
(1) Those where a ...
Autonomous rules rule OK as pan-European bad faith emerges from ipkitten.blogspot.com Merpel never did like
drinking out of bottles Soon we'll have to stop complaining about the length of time consumed in referring questions to the Court of Justice of the European Union (CJEU) for ...
USPTO Patent Grants from www.patentlyo.com By Dennis Crouch With the sequester, the USPTO has slowed its operation somewhat over the past two months. As a result, fewer patents issued per week in May/June 2013 than in prior months. However ...
Copyright levies, computers and printers: court gives the final Wort from ipkitten.blogspot.com The Court of Justice this morning gave its ruling in Joined Cases C-457/11 to C-460/11 Verwertungsgesellschaft Wort (VG Wort) v Kyocera, Epson Deutschland GmbH, Xerox GmbH, Canon Deutschland GmbH and Fujitsu Technology Solutions ...
News from Abroad: UK Court of Appeal Rules on Interim Injunctions from www.patentdocs.org
The Court of Appeal recently issued a decision concerning the issues that should be considered when granting an interim injunction. The proceedings related to Novartis' product zoledronic acid, which was used to treat osteoporosis. This ...
The Court of Appeal recently issued a decision concerning the issues that should be considered when granting an interim injunction. The proceedings related to Novartis' product zoledronic acid, which was used to treat osteoporosis. This ...
Wyeth v. Abbott Laboratories (Fed. Cir. 2013) from www.patentdocs.org
By Andrew Williams -- When is it undue experimentation in practicing the full scope of a claim that contains a genus of chemical compounds and a functional limitation of activity, when the specification provides a method ...
By Andrew Williams -- When is it undue experimentation in practicing the full scope of a claim that contains a genus of chemical compounds and a functional limitation of activity, when the specification provides a method ...
Judge keeps Galaxy S4 out of second Apple-Samsung case in California, suggests third lawsuit from www.fosspatents.com
Last month Apple said it wanted to add the Samsung Galaxy S4 smartphone to the second California litigation going on between these two companies. It specified certain patents it considers the S4 to infringe in ...
Federal Circuit Invalidates Prandin Patent Claim As Obvious from www.pharmapatentsblog.com
In its third look at the Novo Nordisk A/S patent related to Prandin®, in Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories Ltd., the Federal Circuit affirmed the district court’s finding that claim ...
In its third look at the Novo Nordisk A/S patent related to Prandin®, in Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories Ltd., the Federal Circuit affirmed the district court’s finding that claim ...
AMP v. Myriad Genetics, Inc.: Unanimous Supreme Court Limits Patentability of Human Genes from www.lawupdates.com
By Tom Zuber, Jeff Zuber and Mark Bloomberg || In a landmark decision involving genetic testing, the Supreme Court held that simply isolating a naturally-occurring gene is not patent-eligible. In Assn. for Molecular Pathology v. Myriad ...
By Tom Zuber, Jeff Zuber and Mark Bloomberg || In a landmark decision involving genetic testing, the Supreme Court held that simply isolating a naturally-occurring gene is not patent-eligible. In Assn. for Molecular Pathology v. Myriad ...
HTC recently filed two additional lawsuits in Germany to target newer Nokia Lumia phones from www.fosspatents.com
The patent dispute between Nokia and HTC continues to escalate. With Nokia's recently-lodged second ITC complaint against HTC, which is now being investigated, and simultaneous filings in the Southern District of California the number ...
A different SCOTUS decision - touching on intangibles from www.athenaalliance.org
In the middle of all the historical Supreme Court decisions this week there was this interesting case that touches upon intangible assets: Sekhar v. United States. In this case, SCOTUS ruled that threatening a person ...
In the middle of all the historical Supreme Court decisions this week there was this interesting case that touches upon intangible assets: Sekhar v. United States. In this case, SCOTUS ruled that threatening a person ...
Copyright Levies Can Be Imposed On Sale Of Printers, Computers, EU High Court Rules from www.ip-watch.org
Governments can impose copyright levies on sales of printers and computers, the European Court of Justice (ECJ) said in a 27 June ruling. Related Articles:
Governments can impose copyright levies on sales of printers and computers, the European Court of Justice (ECJ) said in a 27 June ruling. Related Articles:
Expert’s Concession That Inferior Products May Capture Market Share Does Not Undermine Lost Profits Analysis from docketreport.blogspot.com
The court denied defendant's post-trial motion for judgment as a matter of law that plaintiff was not entitled to lost profits. "[Defendant] argues that [plaintiff's damages expert] was obligated to conduct a study ...
The court denied defendant's post-trial motion for judgment as a matter of law that plaintiff was not entitled to lost profits. "[Defendant] argues that [plaintiff's damages expert] was obligated to conduct a study ...
Microsoft wins release of $100 million bond posted in Google FRAND case to avoid German sales ban from www.fosspatents.com
Last year Microsoft obtained in the Western District of Washington an anti-enforcement preliminary injunction that barred Google's Motorola Mobility from enforcing a set of German permanent, provisionally-enforceable injunctions relating to two H.264 standard-essential ...
Splitting the Difference Between Antitrust and Intellectual Property: FTC v Actavis from www.iposgoode.ca
The dividing line between intellectual property and antitrust laws was further clarified last week when the Supreme Court of the United States (SCOTUS) settled a debate on the illegality of Reverse Payment Agreements (RPAs) in ...
The dividing line between intellectual property and antitrust laws was further clarified last week when the Supreme Court of the United States (SCOTUS) settled a debate on the illegality of Reverse Payment Agreements (RPAs) in ...
Chinese Intellectual Property News – June 2013 from info.inovia.com
Hi everyone! Our friends at AFD China have released another great IP newsletter this month, and we've picked out a few highlights for you below: On a recent visit to Switzerland, Chinese Premier Li ...
Hi everyone! Our friends at AFD China have released another great IP newsletter this month, and we've picked out a few highlights for you below: On a recent visit to Switzerland, Chinese Premier Li ...
Alongside Celebration Of New Treaty In Marrakesh, Blind People Demonstrate For Jobs from www.ip-watch.org
As World Intellectual Property Organization delegates were giving their closing statements after today’s adoption of the Marrakesh treaty for the blind that some called a miracle, just outside the door of the Palais des ...
As World Intellectual Property Organization delegates were giving their closing statements after today’s adoption of the Marrakesh treaty for the blind that some called a miracle, just outside the door of the Palais des ...
Expanding value of opinion of patent counsel from ocpatentlawyer.com
An opinion of patent counsel regarding patent infringement is relevant to the intent of an alleged infringer and may be useful to mitigate trebling of damages. This case expands the value of opinion of counsel ...
ITC Terminates Investigation And Issues General Exclusion Order And Cease And Desist Orders After Finding Violation Of Section 337 In Certain Kinesiotherapy Devices (337-TA-823) from www.itcblog.com
On June 17, 2013, the International Trade Commission (the “Commission”) issued a notice in Certain Kinesiotherapy Devices and Components Thereof (Inv. No. 337-TA-823). In the notice, the Commission determined that Respondents LELO Inc.; PHE, Inc ...
On June 17, 2013, the International Trade Commission (the “Commission”) issued a notice in Certain Kinesiotherapy Devices and Components Thereof (Inv. No. 337-TA-823). In the notice, the Commission determined that Respondents LELO Inc.; PHE, Inc ...
ALJ Essex Denies Respondents’ Motion To Compel Privileged Documents In Certain Optoelectronic Devices For Fiber Optic Communications (337-TA-860) from www.itcblog.com
On June 12, 2013, ALJ Theodore R. Essex issued the public version of Order No. 12 (dated April 17, 2013) in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same (Inv ...
On June 12, 2013, ALJ Theodore R. Essex issued the public version of Order No. 12 (dated April 17, 2013) in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same (Inv ...
ITC Launches Pilot Program Using Early Disposition Of Key Issues To Lessen Litigation Costs from www.itcblog.com
On June 24, 2013, the International Trade Commission (“ITC” or the “Commission”) issued a press release stating that the Commission has launched a pilot program “to test whether early rulings on certain dispositive issues in ...
On June 24, 2013, the International Trade Commission (“ITC” or the “Commission”) issued a press release stating that the Commission has launched a pilot program “to test whether early rulings on certain dispositive issues in ...
Applicant loses at PTAB in Chavin case from ipbiz.blogspot.com
In Ex parte CHAUVIN. PTAB affirmed rejections for indefiniteness and for obviousness.
As to indefiniteness:
The Examiner rejects claim 35 under 35 U.S.C. § 112, second
paragraph, as being indefinite, since “Claim 23 lacks ...
In Ex parte CHAUVIN. PTAB affirmed rejections for indefiniteness and for obviousness.
As to indefiniteness:
The Examiner rejects claim 35 under 35 U.S.C. § 112, second
paragraph, as being indefinite, since “Claim 23 lacks ...
HP loses in Ex parte Nguyen from ipbiz.blogspot.com
Hewlett-Packard got a mixed decision on indefiniteness in Ex parte Nguyen. but lost overall because of a sustained obviousness rejection.
HP won on indefiniteness on claim 4. HP used the problematic word "substantially" in a ...
Hewlett-Packard got a mixed decision on indefiniteness in Ex parte Nguyen. but lost overall because of a sustained obviousness rejection.
HP won on indefiniteness on claim 4. HP used the problematic word "substantially" in a ...
Applicant wins reversal on obviousness in Hansted from ipbiz.blogspot.com
Principles of law cited in Ex parte HANSTED :
“In proceedings before the Patent and Trademark Office, the
Examiner bears the burden of establishing a prima facie case of obviousness
based upon the prior art.” In ...
Principles of law cited in Ex parte HANSTED :
“In proceedings before the Patent and Trademark Office, the
Examiner bears the burden of establishing a prima facie case of obviousness
based upon the prior art.” In ...
Woods loses on obviousness in silver/wound dressing case from ipbiz.blogspot.com
From Ex parte Woods
We agree with the Examiner (Ans. 10-11) that the references need not
recognize the problem solved by Appellant. In re Kemps, 97 F.3d 1427,
1430 (Fed. Cir. 1996); In re ...
From Ex parte Woods
We agree with the Examiner (Ans. 10-11) that the references need not
recognize the problem solved by Appellant. In re Kemps, 97 F.3d 1427,
1430 (Fed. Cir. 1996); In re ...
HP loses in Ex parte Chen from ipbiz.blogspot.com
from within Ex parte Chen
A representative claim:
A method of forecasting a goal in a
principal-agent environment, comprising:
providing an agent with a menu of incentive
contracts each having a respective parameter
values comprising ...
from within Ex parte Chen
A representative claim:
A method of forecasting a goal in a
principal-agent environment, comprising:
providing an agent with a menu of incentive
contracts each having a respective parameter
values comprising ...
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