Patent & IP news for August 9, 2013

You Think Co-Ownership Is a Challenge? Try Co-Authorship from ipkitten.blogspot.com

This Kat, having recently had a bit of an uneasy time with the moors of literary England, sought refuge this week with one of his favourite IP topics—joint ownership. The topic usually comes up ...

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Bits & Bytes from Jonathan Hummel from www.patentlyo.com

RECENTLY #1. Obama Grants Reprieve to Apple…and why it matters. An ongoing story, the editors at Bloomberg report on the effects of President Obama’s granting a reprieve to Apple. ON August 1, Susan ...

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When someone has designs on your domain name -- literally from ipkitten.blogspot.com

Domain name disputes do feature from time to time on this weblog, but not that often; likewise, disputes from Canada. It is thus with unfeigned delight that this Kat brings you a report on a ...

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NIH Implements New Policy on HeLa Genomic Data from www.patentdocs.org

By Donald Zuhn -- On Wednesday, the National Institutes of Health (NIH) announced that the agency had reached an understanding with the family of Ms. Henrietta Lacks regarding access to genomic data for the HeLa cell ...

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Research Foundation of State University of New York v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2013) from www.patentdocs.org

By Andrew Williams -- When assessing the validity of a patent, you cannot ignore the dependent claims. That was the main takeaway from the recent Federal Circuit case, Research Foundation of State University of New York ...

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Eric Schmidt answered my question! from www.tangible-ip.com

In all the melee of the last 3 months I forgot to post about this quite (in the American sense of the word) significant bit of IP news and insight.In May 2013, the London ...

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Medical tourism - to Europe from www.athenaalliance.org

Over the years, I've written a number of pieces on medical tourism. Here is a new twist from a story in the New York Times on "The Growing Popularity of Having Surgery Overseas": While ...

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Obama Administration Overrules ITC from inventivestep.net

Typically, when a patent owner believes that his patent is being infringed, a remedy is obtained by filing an infringement action in federal court against the alleged infringer.  The court then determines the factual and ...

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Obama Administration Overrules ITC from inventivestep.net

Typically, when a patent owner believes that his patent is being infringed, a remedy is obtained by filing an infringement action in federal court against the alleged infringer.  The court then determines the factual and ...

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Outside Attorney’s Breach of Loyalty to Defendant Does Not Warrant Disqualification of Plaintiff’s Counsel from docketreport.blogspot.com

The court denied defendant's motion to disqualify plaintiff's counsel. "[Defendant] moves to disqualify [plaintiff's counsel] . . . in this matter because [counsel] is alleged to be tainted as a result of the conduct of ...

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PTAB discusses Bilski, 35 USC 101 in Ex parte Macauley; examiner affirmed from ipbiz.blogspot.com

Both the Examiner, and PTAB, concluded that the claims of the application did not satisfy "the machine prong" of the machine-or-transformation test for patent eligibility under 35 USC 101.

The interesting part of the decision ...

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Mixed result on obviousness in Ex parte Hantler from ipbiz.blogspot.com

The outcome of the obviousness rejections in Ex parte Hantler:


We affirm the obviousness rejections of claims 1, 2, 5-7, and 10-24.
However, we reverse the obviousness rejections of claims 3, 4, 8, and 9.

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CAFC outcome in Taurus/Orion/Spangenberg v. DaimlerChrysler from ipbiz.blogspot.com



The outcome in Taurus/Orion/Spangenberg v. DaimlerChrysler


For the reasons set forth below, we rule as follows on the issues presented: In the appeals from the DaimlerChrysler Patent Suit, (1) we affirm the district ...

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CAFC discusses criteria for preliminary injunction [PI] in Aria case from ipbiz.blogspot.com

The CAFC decision in Aria Diagnostics.


Aria Diagnostics, Inc., now known as Ariosa Diagnostics, Inc. (Ariosa) sought a declaration that its Harmony test did not infringe any claim of U.S. Patent No. 6,258 ...

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At appellate hearing, Apple makes headway toward feature-based U.S. sales ban against Samsung from www.fosspatents.com

Apple has won the first Apple v. Samsung battle today: the Federal Circuit's appellate hearing relating to the denial of a permanent injunction against Samsung products infringing half a dozen Apple patents. Having listened ...

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Appellant wins reversal in Ex parte Harris but faces new rejections from ipbiz.blogspot.com




In re Jung is cited against the examiner in Ex parte Harris:



The Examiner rejected claim 23 under 35 U.S.C. § 112, 1st paragraph,
stating that the inserted limitation “said total value represented by ...

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Appellant loses in Talanis case; US v. Adams cited. from ipbiz.blogspot.com

Both KSR and Adams are cited in Ex parte Talanis :


The Federal Circuit has stated that “rejections on obviousness grounds cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with ...

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Examiner reversed in Ex parte FILLATTI from ipbiz.blogspot.com

The examiner was reversed in Ex parte FILLATTI. Of interest was a rejection under 35 USC 112 P 4.

From within the decision


While the analysis under 35 U.S.C. § 103 allows flexibility in ...

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Federal Circuit Issues Precedential Opinion In Apple Appeal (2012-1338) from www.itcblog.com

On August 7, 2013, the Federal Circuit issued a precedential opinion in Apple Inc. v. ITC (2012-1338).  This was an appeal from the International Trade Commission’s (“the Commission”) affirmance of ALJ Theodore R. Essex ...

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Working out the Kinks in Post-Issuance Reviews: Versata v. SAP from www.patentlyo.com

By Dennis Crouch The Versata saga provides an important case history showing the power of the new post-grant review procedures before the USPTO and the Office's seeming new power to operate without fear of ...

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ITC orders import ban against Samsung over two Apple patents -- how good are the workarounds? from www.fosspatents.com

Today the United States International Trade Commission (USITC, or just ITC) handed down its final ruling on Apple's July 2011 complaint against Samsung. Over the last few months the Commission, the U.S. trade ...

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DuPont & Widener University School of Law IP CLE Seminar from www.patentdocs.org

DuPont and the Widener University School of Law will be holding the 2013 Intellectual Property Continuing Legal Education Seminar on October 1, 2013 at The DuPont Country Club in Wilmington, Delaware. Among the presentations being ...

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Friday Foreign Filing Roundup from info.inovia.com

Happy Foreign Filing Friday!  We've been perusing the latest headlines in patenting news for your consideration.  Please take a look at the most recent updates in the IP world for the week of August ...

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