Patent & IP news for August 14, 2013

A Scottish Claim Construction Hearing? from patlit.blogspot.com

Judgment was delivered yesterday by the Outer House of the Scottish Court of Session in Total Containment Engineering Ltd v Total Waste Management Alliance Ltd [2013] CSOH 135 in a matter which may be of ...

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Supplier’s Offer to Make Product Invalidates Patent under the On-Sale Bar from www.patentlyo.com

Hamilton Beach Brands, Inc. v. Sunbeam Products, Inc. (Fed. Cir. 2013) In a split decision, the Federal Circuit has affirmed a lower court ruling that Hamilton Beach's asserted patent claims are invalid under the ...

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On copyright and cultural issues surrounding tattoos (again) from ipkitten.blogspot.com

Merpel's tattoo consultant advised
her to get a discreet tattoo
with Disney's Cheshire Cat  For quite a long time Merpel has considered the idea of getting a tattoo, although possibly bearing neither a ...

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A Love for Wine Runs in the LoTempio Family from www.lotempiolaw.com

At the LoTempio family reunion last week I had the fortunate experience of discovering my cousin, Ray LoTempio, was in fact a wine connoisseur. After talking about our love of wine, I discovered Ray had ...

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The Context of the Supreme Court’s Copyright Cases from www.iposgoode.ca

In the summer of 2012, the Supreme Court of Canada created history by simultaneously releasing five copyright judgments: Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada [ESA],[1] Rogers Communications ...

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Leo Pharmaceutical Products, Ltd. v. Rea (Fed. Cir. 2013) from www.patentdocs.org

By Kevin E. Noonan -- The Federal Circuit's jurisprudence regarding obviousness as determined by the U.S. Patent and Trademark Office continues its post-KSR development in Leo Pharmaceutical Products, Ltd. v. Rea, which involves an ...

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Apple “massively undervalued”-how so? from www.tangible-ip.com

Carl Icahn takes a substantial stake in Apple and claims that the company is massively undervalued. Icahn is an interesting chap. Above all he seems to spot value that others don’t. Even by taking ...

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Resuscitating Therasense? CD Cal Court Finds Inequitable Conduct by Patentee from www.iplawalert.com

IP practitioners have witnessed the dearth of inequitable conduct findings in the wake of Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276 (Fed. Cir. 2011).

There, the Federal Circuit reiterated en banc that ...

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By posting a bond with the ITC, Samsung confirms its continued infringement of Apple's patents from www.fosspatents.com

The most important question in connection with the ITC ruling on Friday, ordering a limited exclusion order (vendor-specific U.S. import ban) against Samsung's Android-based devices infringing two Apple patents, is not whether Samsung ...

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Local Counsel Fees Not “Unnecessary” in Determining § 285 Award from docketreport.blogspot.com

The court granted in part defendants' motions for attorneys' fees under 35 U.S.C. § 285 and rejected plaintiff's argument that local counsel were unnecessary. "[Plaintiff] opines that '[g]iven the [Electronic Case Filing ...

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ALJ Pender Sets Procedural Schedule In Certain Opaque Polymers (337-TA-883) from www.itcblog.com

Further to our June 20, 2013 post, on August 13, 2013, ALJ Thomas B. Pender issued Order No. 5 in Certain Opaque Polymers (Inv. No. 337-TA-883). In the Order, ALJ Pender set the procedural schedule ...

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SickKids in Court – Are Public-Private Research Collaborations a Hindrance or a Driver of the Innovative Process? from www.iposgoode.ca

A recent lawsuit filed by Myriad Genetics involving the alleged infringement of their controversial breast cancer screening tool has included the prestigious Toronto SickKids hospital as a co-plaintiff. This lawsuit has been a source of ...

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U.S. IP Coordinator Steps Down from www.patentdocs.org

By Josh Rich -- The first United States Intellectual Enforcement Property Coordinator ("IPEC"), Victoria Espinel (at right), has stepped down after four years in the position. During her tenure, Ms. Espinel worked to strengthen enforcement of ...

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Aria Diagnostics, Inc. v. Sequenom, Inc. (Fed. Cir. 2013) from www.patentdocs.org

By Kevin E. Noonan -- The Federal Circuit vacated and remanded a District Court decision denying a preliminary injunction to patentee Sequenom over the claims of U.S. Patent No. 6,258,540. While the Court ...

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