Patent & IP news for August 21, 2013

Patent Litigations

USPTO Stats

7,301
published
appl'ns
6,149
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Vermont AG Elicits Settlement with "Patent and Trademark Agency, LLC" from ipkitten.blogspot.com

Back in May, Vermont's Attorney General William H. Sorrell took a tough stance on a patent troll called MPJH, which Mr Sorrell accused of harrassing Vermont residents by threatening them with patent infringement lawsuits ...

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post image Ferrero’s Nutella infringed by Nugtella in California from ipkitten.blogspot.com


If you’re traveling to the West Coast of the United States this summer, you will find plenty of fun for everyone: from the wonders of Muscle beach in Venice to the high-tech campuses in ...

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post image Wednesday whimsies from ipkitten.blogspot.com

It's those tattoos again. The IPKat's good Dutch friend and self-confessed faithful reader Roland Wigman (Versteeg Wigman Sprey advocaten, Amsterdam), referring to Eleonora's recent blogpost on tattoos and copyright, takes this opportunity ...

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post image New Rules provide for the Intellectual Property Enterprise Court from patlit.blogspot.com

The Civil Procedure (Amendment No.7) Rules 2013 (SI 2013/1974) come into force on 1 October 2013.  These Rules feature, among other thingss, amendments to the Civil Procedure Rules (CPR) which are made in ...

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post image Intellectual Property Licensing: Forms and Analysis from www.lotempiolaw.com

Licensing out Intellectual property can turn into a bit of a headache for even the most experienced patent attorney, let alone an independent inventor. Richard Raysman, Seth Ostrow, Kenneth Adler and Edward Pisacreta tackled this ...

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post image US fair use really makes a difference ... but just sometimes from ipkitten.blogspot.com

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BIO Reiterates Support for 12-Year Data Exclusivity Period for Biologics from www.patentdocs.org

By Donald Zuhn -- Last month, in a letter to the U.S. Trade Representative, Ambassador Michael Froman, Biotechnology Industry Organization (BIO) President and CEO James Greenwood expressed support for the efforts of the Obama Administration ...

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Initial consultation – 7 Core Concepts and 2 Goals from ocpatentlawyer.com

Initial consultation – 7 Core Concepts and 2 Goals The patent process is extremely complex. I do no recommend taking on the project of preparing a patent application after reading a self help book such as ...

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When Eagles & Dragons Hunt Pirates: US and China Join Forces to Crack Down on Counterfeiting from www.iposgoode.ca

The United States and China have joined forces in a combined operation to crack down on counterfeit goods, seizing more than 243,000 counterfeit electronic products, including popular consumer items made by Apple, Samsung, Dr ...

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User-Generated Content Under Canadian Copyright Law from www.iposgoode.ca

User-Generated Content Under Canadian Copyright Law Featuring Professor Victor Nabhan Genest Global Faculty Thursday October 10, 2013, 9:30am to 5:00pm Osgoode Hall Law School, York University IP Osgoode and the Pierre Genest Memorial ...

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Introducing New Blogger: Camilla Hrdy from writtendescription.blogspot.com

I am delighted to welcome Camilla Hrdy as a new Written Description blogger for the coming year. Camilla is a Postdoctoral Fellow with the Yale Law School Information Society Project, and her research has focused ...

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Appellant wins reversal in Ex parte ZURMUEHL from ipbiz.blogspot.com

In Ex parte ZURMUEHL, appellant won on 112 P 1, 102, and 103.

Of 112, as to an issue of support for the text "current date,"


Thus, without discounting
the Examiner’s inference that advanced ...

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Appellant loses on obviousness in Ex parte Abraham from ipbiz.blogspot.com

Ex parte Abraham

Keller is cited


Also, we find Appellant presents arguments with respect to the
individual references (Br. 5-7) and fails to appreciate the collective teachings
of the cited combination of references (Aggarwal ’819 ...

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CHALMER overcomes rejection over Bayless reference from ipbiz.blogspot.com

from Ex parte Chalmer



We agree with the Appellants that the Examiner’s rejections are not
well founded.

Bayless describes biologically-based gas cleaning systems for
reducing emissions from fossil burning units (i.e., removing carbon ...

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Appellants win in Ex parte SPORMANN from ipbiz.blogspot.com

Ex parte SPORMANN

A claim at issue


13. A method of expressing a functional oxygen-sensitive protein
under ambient oxic conditions, the method comprising:

introducing into a diazotrophic filamentous cyanobacteria, of the
genus Nostoc or Anabaena ...

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Appellant wins on enablement in Ex parte Adams from ipbiz.blogspot.com

from within Ex parte Adams



Reddy2 which describes “the cloning of a delta 6-desaturase from the cyanobacteria Synechocystis that is responsible for the conversion of linoleic acid (18:2) to gamma-linolenic acid (18:3 gamma ...

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Revisiting the Indispensable Party from www.patentlyo.com

By Dennis Crouch In Yesterday's case of University of Utah v. Max-Planck-Gesellschaft, the Federal Circuit held that the patent owner (here, University of Massachusetts) was not an indispensable party to an inventorship dispute. Judge ...

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Copyright and the “Marvel Method” – Jack Kirby’s Heirs Lose On Appeal from www.iposgoode.ca

On August 8th 2013, the United States Court of Appeals for the Second Circuit upheld a lower court ruling that comic book artist Jack Kirby’s contributions to Marvel were “made for hire”, and therefore ...

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Plaintiff’s Pre-Trial Settlement With 58 Defendants Did Not Justify Attorneys’ Fee Award from docketreport.blogspot.com

The court denied defendants' motion for attorneys' fees under 35 U.S.C. § 285 after plaintiff settled with all 58 defendants before trial. "[Defendants argue [plaintiff] filed this action to obtain nuisance value settlements, as ...

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Two iPhone design patents Apple asserted against Samsung are now being reexamined by the USPTO from www.fosspatents.com

Today there will be a key hearing, styled as a "case management conference", before Judge Lucy Koh, relating to the first of two Apple v. Samsung lawsuits pending in her district. Samsung's objective is ...

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USPTO: Software Composition Inventions are Unpatentable under §101 unless they Clearly Disavow that the Storage Mechanism is a Transitory Wave or Signal from www.patentlyo.com

By Dennis Crouch Ex parte Mewherter (PTAB 2013) The USPTO has recently designated Ex parte Mewherter as a precedential decision with regards to its treatment of rejections under 35 U.S.C. § 101. The opinion ...

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USPTO decides to reexamine Apple patent on missed telephone call management from www.fosspatents.com

The previous post was about USPTO determinations to reexamine two iPhone design patents, and here's another reexamination that was granted this month. On August 16, the USPTO ordered the reexamination of U.S. Patent ...

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ALJ Bullock Sets 14-Month Target Date In Certain TV Programs, Literary Works For TV Production And Episode Guides (337-TA-886) from www.itcblog.com

Further to our July 12, 2013 post, on August 20, 2013, Chief ALJ Charles E. Bullock issued Order No. 6 in Certain TV Programs, Literary Works For TV Production And Episode Guides Pertaining to Same ...

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Requesting that a board opinion be made precedential from www.717madisonplace.com

Practitioners might not be aware that they have the opportunity to request that Board opinions be made “precedential.” The Board’s Standard Operating Procedures explain the process: III. Criteria For Identifying Candidates To Be Made ...

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University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V et al. (Fed. Cir. 2013) from www.patentdocs.org

By Kevin E. Noonan -- The Federal Circuit, in a split decision, affirmed denial of motions to dismiss on jurisdictional grounds and Federal Court joinder rules in University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften ...

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Added element in prior art --> no anticipation from ipbiz.blogspot.com

from within Ex parte Trosser


However, as Appellants have asserted, Wu also required the inclusion
of a first fluidizer of aluminum hydroxide gel, which the Examiner has not
established was within the bounds of the ...

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Micron loses issue in re-exam 95/001,026 & 95/001,128 from ipbiz.blogspot.com

from within Micron v. Rambus



See In re Lister, 583 F.3d
1307, 1316-1317 (Fed. Cir. 2009) (copyright registration date insufficient
evidence of public accessibility. “[I]n this case the government has not
identified any ...

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