Patent & IP news for July 8, 2013

Patent Litigations

USPTO Stats

7,029
published
appl'ns
5,681
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Rub-a-dub-dub, a tri-functional Hub from ipkitten.blogspot.com

On Friday this Kat received an email circular headed " EMBARGOED UNTIL 08.59 AM MONDAY 08 JULY 2013 THE COPYRIGHT HUB LAUNCHES PILOT". After pausing for a moment to reflect on whether it's the ...

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post image Monday miscellany from ipkitten.blogspot.com

Does your ferret have a passport yet?  If not, do check out the memorably-named [title starts here ...] Commission Implementing Regulation 577/2013 of 28 June 2013 on the model identification documents for the non-commercial movement ...

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post image Appealing to the PTAB: Expecting Delay from www.patentlyo.com

By Dennis Crouch The PTAB continues to work on its 26,000+ backlog of ex parte appeals pending at the USPTO. The Board has reduced the backlog in seven of the past twelve months. However ...

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post image No more kitchen sinks, says Dermot Doyle -- and he's right! from ipkitten.blogspot.com

Elsewhere it's a sink. In Ireland it's
a ground of opposition ...
In the deep and dismal past, back in September 2005, in a blogpost on the Irish Trade Marks Registry decision in McDermott ...

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USPTO Files Reply Brief in Exelixis v. Rea from www.patentdocs.org

By Donald Zuhn -- At the end of June, the U.S. Patent and Trademark Office filed its reply brief with the Federal Circuit in Exelixis, Inc. v. Rea. The appeal involves two decisions by the ...

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Fresenius Escapes $25 Million Damages Award, Based on Invalidation of Baxter Patent In Ex Parte Reexamination from www.pharmapatentsblog.com

In Fresenius, USA Inc. v. Baxter International, Inc., the Federal Circuit interpreted the ex parte reexamination statutes (35 USC §§ 301-307) as providing that the final cancellation of claims in a reexamination proceeding is binding on ...

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Fresenius Escapes $25 Million Damages Award, Based on Invalidation of Baxter Patent In Ex Parte Reexamination from www.pharmapatentsblog.com

In Fresenius, USA Inc. v. Baxter International, Inc., the Federal Circuit interpreted the ex parte reexamination statutes (35 USC §§ 301-307) as providing that the final cancellation of claims in a reexamination proceeding is binding on ...

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ITC ruling on Samsung complaint puts up multiple roadblocks for Apple, other implementers from www.fosspatents.com

The public redacted version of the June 4, 2013 United States International Trade Commission's (USITC, or just ITC) opinion on Samsung's complaint against Apple, culminating in an exclusion order, has finally become available ...

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Buyouts at the Bayou from ipbiz.blogspot.com

Related to a story on Bayou Corne on CBS Sunday Morning on May 5, 2013 , note the AP story Sinkhole forces hard choice on longtime neighbors.

Within the AP story:

"In a way, I guess ...

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Ex parte Islam: don't import limitations from the spec into the claim from ipbiz.blogspot.com

From within Ex parte Islam :



See Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875 (Fed. Cir. 2004) (“Though understanding the claim language may be aided by the explanations contained in the written ...

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WHO, WTO, WIPO Heads Call For More Medical Innovation from www.ip-watch.org

The leaders of three top international organisations in Geneva last week discussed synergies in public health and called for increased collaboration and creativity to move medical innovation out of its quagmire of inefficiency. The opening ...

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Defense Counsel’s Prior Representation of Plaintiff’s Affiliate No Grounds for Disqualification from docketreport.blogspot.com

The court denied plaintiff's emergency motion to disqualify defense counsel. Although counsel previously represented plaintiff's parent company, counsel's relationship with the parent did not transfer to plaintiff. "[I]t is undisputed that ...

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Appellant in Ex parte Furlong wins on obviousness but loses under 35 USC 112 from ipbiz.blogspot.com

From Ex parte Furlong

A written description rejection under 35 USC 112 P1 is sustained:



The Appellants (App. Br. 7-10; see also Reply Br. 4-6) disagree, citing these passages from the Specification: [0057]; [0062]; [0063 ...

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A few recent Section 101 cases at the PTAB from www.patentlyo.com

By Dennis Crouch Patenting Software: Ex Parte Betts [Computer Associates], 2013 WL 3327142, Appeal 2010-004256, Application 11/132,649 (PTAB 2013) ("[W]e conclude claims 14-26 encompass software without physical embodiment, i.e., software per ...

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IP Enforcement in Honduras – Scope & Ownership of Patents from info.inovia.com

This article is a continuation of a two-part series on Honduras, written by Ricardo Mejia, Partner & Intellectual Property Director of Bufete Mejia & Asociados. The following excerpts were selected from Getting the Deal Through - Patents 2013 ...

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Board obvious result effective variable from allthingspros.blogspot.com

Takeaway: The Examiner rejected as obvious various claims to a method of manufacturing foam-paperboard laminates. The Examiner used the routine optimization rationale, alleging that since melt index was a result effective variable for viscosity, the ...

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ALJ Shaw Denies Motion To Quash And Motion To Compel In Certain Compact Fluorescent Reflector Lamps (337-TA-872) from www.itcblog.com

On July 2, 2013, ALJ David P. Shaw issued Order No. 22 in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof (Inv. No. 337-TA-872). By way of background, the investigation is based ...

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ALJ Pender Denies Motion To Quash In Certain Cases For Portable Electronic Devices (337-TA-861/867) from www.itcblog.com

On June 28, 2013, ALJ Thomas B. Pender issued Order No. 12 in Certain Cases for Portable Electronic Devices (Inv. No. 337-TA-861/867).  In the Order, ALJ Pender denied Respondent Fellowes, Inc.’s (“Fellowes”) motion ...

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ITC Decides To Review In Part Initial Determination In Certain Semiconductor Chips with DRAM Circuitry (337-TA-819) from www.itcblog.com

On July 2, 2013, the International Trade Commission (the “Commission”) issued a notice determining to review in part an Initial Determination (“ID”) issued by ALJ E. James Gildea on March 26, 2013 finding a violation ...

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Ex parte Owen: a second bite for the examiner? from ipbiz.blogspot.com



Within Ex parte Owen, PTAB cited MPEP 706.01 and 1201 and observed the Board will not hear issues related to objections or formal matters.

As noted on page 4 of the decision, this is ...

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Sad error for applicant not to respond to double patenting rejection? from ipbiz.blogspot.com

from within Ex parte Gregory


In the final Office action dated March 23, 2010, claims 1, 4-13, 15-24
and 26-31 were rejected under the judicially created doctrine of
obviousness-type double patenting over claims 1-25 of ...

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MVS Filewrapper® Blog: New and Useful - July 8, 2013 from www.filewrapper.com

·         The Federal Circuit in Ultramercial, Inc. v. Hulu, LLC held that the district court erred in holding that the subject matter of U.S. Patent No. 7,346,545 ('545) is not a "process" within ...

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Board computer readable 112 written description from allthingspros.blogspot.com

Once Examiners started issuing lots of § 101 rejections for computer applications, Applicants started to respond with amendments to turn non-CRM claim into CRM claims. If the spec didn't contain the magic words "computer-readable medium ...

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Coalition of University TTOs File Amicus Brief in Lighting Ballast Control LLC v. Philips Electronics North America Corp. from www.patentdocs.org

By Kevin E. Noonan -- In his novel My Summer in a Garden (1870), Charles Dudley Warner famously said "Politics is said to make strange bedfellows." That aphorism is illustrated once again in the joining of ...

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