Patent & IP news for August 12, 2013

Patent Litigations

USPTO Stats

6,542
published
appl'ns
6,179
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Legally Apparel? Are cultural icons 'borrowed', 'interpreted' or 'stolen'? from ipkitten.blogspot.com

One of the most cheerful souls you are ever likely to encounter in the often oh-so-serious world of intellectual property is this Kat's friend and fellow blogger Tania Phipps-Rufus.  Tania, who is a visiting ...

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post image Apple isn't winning the patent spat with Samsung any more than there were Americans in Baghdad from www.fosspatents.com

Amid the brutalities of the war on Iraq, the daily press conferences of the country's information minister, Muhammed Saeed al-Sahaf, were rather tragicomical. Wikipedia recalls "his grandiose and grossly unrealistic propaganda broadcasts before and ...

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post image Big Dream and the Sleep of Reason: more groans for IP TRANSLATOR from ipkitten.blogspot.com

Watched by the IPKat, an OHIM
Opposition Division member
despairs of ever applying IP
TRANSLATOR sensibly ...
Readers with little interest in Community trade mark (CTM) law (and there are many) probably give an inward groan ...

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post image Will Patents Hamper Testing of the Environmental Impact of Fracking? from www.greenpatentblog.com

A recent article by three professors of business, energy and economics looks at the role of patents on hydraulic fracturing, or fracking, the process of injecting pressurized water and chemicals into subterranean formations to extract ...

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post image Monday miscellany from ipkitten.blogspot.com

Sidebar polls. The IPKat's sidebar poll on the renaming of the merged firms of law firms SJ Berwin and King & Wood Mallesons has only a couple of days to run, but has received not ...

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Federal Circuit Remands Sequenom Down Syndrome Test Platform Patent For Consideration Under Myriad from www.pharmapatentsblog.com

In Aria Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit vacated and remanded the district court’s decision denying Sequenom’s motion for a preliminary injunction relating to a patent covering the non-invasive Sequenom Down ...

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Federal Circuit Remands Sequenom Down Syndrome Test Platform Patent For Consideration Under Myriad from www.pharmapatentsblog.com

In Aria Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit vacated and remanded the district court’s decision denying Sequenom’s motion for a preliminary injunction relating to a patent covering the non-invasive Sequenom Down ...

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Bad law from PTAB? from ipbiz.blogspot.com

from Ex parte DUPHORNE

--
Claims 1 and 19 are obvious. See In re Fracalossi, 681 F.2d 792, 794 (CCPA 1982) (a disclosure that anticipates under 35 U.S.C. § 102 also renders the claim ...

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-- Use of a known element for its intended purpose is evidence of obviousness. -- from ipbiz.blogspot.com


From within Ex parte Garland Industries / Strand


Use of a known element for its intended purpose is evidence of obviousness. KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 416 (2007); Anderson’s-Black ...

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ITC Imposes Import Ban On Popular Samsung Products In Certain Electronic Digital Media Devices (337-TA-796) from www.itcblog.com

On August 9, 2013, the International Trade Commission (“the Commission”) issued a notice finding a violation of Section 337 and issuing a limited exclusion order and cease and desist orders against Respondents Samsung Electronics Co ...

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--teachings of a reference may be taken in combination with knowledge of the skilled artisan to put the artisan in possession of the claimed invention within 35 U.S.C. § 102 even though the patent does not specifically disclose certain features. -- from ipbiz.blogspot.com

from Ex parte BESTGEN


It has been held that the anticipation requirement that every element of a claim appears in a single reference accommodates situations where the common knowledge of “technologists” is not recorded in ...

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Google may have to pick up Microsoft's attorneys' fees necessitated by injunction requests over SEPs from www.fosspatents.com

In two weeks from today, the Microsoft v. Motorola FRAND contract trial will begin (in the Western District of Washington). This morning by local time, Judge James Robart, the federal judge presiding over the case ...

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Stay Pending Third Party’s IPR Conditioned on Defendant’s Consent to Estoppel from docketreport.blogspot.com

The court granted defendant's motion to stay pending inter partes review during the very early stage of the case on the condition that defendant was estopped from re-raising any invalidity arguments the petitioner could ...

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New IP Scholarship on SSRN from writtendescription.blogspot.com

There are far more interesting IP papers posted than I have time to read carefully and blog about, so I thought I'd just highlight some recently posted papers that caught my eye (which I ...

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Federal Circuit: Preliminary Injunctions More Available in Trade Secret Cases (Than in Patent Cases) from www.patentlyo.com

Core Labs v. Spectrum Tracer Services (Fed. Cir. 2013) This case is about stopping former employees from becoming marketplace competitors. Two of Core Labs employees left the company and started a competing firm (Spectrum) servicing ...

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Royal(ty) Pains: The Expansion Woes of Online Music Streaming Services from www.iposgoode.ca

Online music streaming services have had a difficult year despite their increasing popularity. The problems services are experiencing south of the border may have an effect on how and when these services enter the Canadian ...

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The Disappearing Federal Circuit Advisory Council Model Orders from www.patentlyo.com

By Jason Rantanen In late July, a model order relating to the number of asserted claims and prior art referenes in patent litigations was released on the Federal Circuit Advisory Council's webpage. (You can ...

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Board finds disclosure that memory access time period exists is not enough to anticipate decision based on this time period from allthingspros.blogspot.com

Takeaway:  At issue in this appeal was the limitation "threshold defining both a number of times a segment is accessed and a given time period for the number of times." The Applicant did not dispute ...

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