Patent & IP news for September 5, 2013

New generic Top Level Domains – who registers them and why? from ipkitten.blogspot.com

The IPKat was delighted to receive this post from Emeritus Kat Mark Schweizer.  Thank you very much Mark for this contribution, and the one to come tomorrow!

The new generic Top Level Domains (gTLDS), unpopular ...

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Moral rights in patent law: oxymoron isn't it? from ipkitten.blogspot.com


Just like Nessie, moral rights often come back on the IP stage to perform when you don't expect it. Most of the times this question relates to copyrights. The scope, effective duration and enforcement ...

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One factor in favor of post grant proceeding instead of patent litigation from ocpatentlawyer.com

One factor in favor of post grant proceeding instead of patent litigation The America Invents Act (aka AIA) expands your options to challenge a patent after a patent has been granted.  For example, post grant ...

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Three Strikes and Aquatech’s Out as Court Bounces DJ Action Again from www.greenpatentblog.com

A previous post discussed Aquatech‘s declaratory judgment (DJ) action against Water Systems and Veolia Water seeking a judgment that U.S. Patent No. 7,815,804 (’804 Patent) is invalid and unenforceable and that ...

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Federal Circuit Holds Patentee To Functional Claim Language from www.pharmapatentsblog.com

In Bayer Cropscience AG v. Dow AgroSciences LLC, the Federal Circuit upheld the district court’s claim construction that interpreted “2,4-D monooxygenase” in accordance with its  established scientific meaning, even though the exemplified embodiment ...

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Bayer Cropscience AG v. Dow Agrosciences LLC (Fed. Cir. 2013) from www.patentdocs.org

By Kevin E. Noonan -- From the opening sentence of the Federal Circuit's opinion, it is clear that the Court believed that Bayer had claimed more broadly than it was entitled to and claimed species ...

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Motorola wanted a free license -- now Microsoft basically gets one and Google will have to pay from www.fosspatents.com

A federal jury yesterday rendered a verdict that makes Google (Motorola) a convicted patent troll. It has been found to have breached the duty of good faith and fair dealing flowing from Motorola's FRAND ...

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Apportionment of Attorneys’ Fees Approved Where Plaintiff Prevailed on 2 of 11 Patents from docketreport.blogspot.com

The court awarded plaintiff attorneys' fees under 35 U.S.C. § 285 and found plaintiff's apportionment of fees based on the number of patents asserted at trial compared with the number of patents asserted ...

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Anticipating Another Successful Year for IP Osgoode from www.iposgoode.ca

I am pleased to announce the start of the 2013-2014 school year. For those of you who are just discovering us for the first time, welcome! For those who returning, welcome back! Last year was ...

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National Gallery Dispute with Artists Has Copyright Fees Hanging in the Balance from www.iposgoode.ca

The Supreme Court has granted leave to appeal the Federal Court of Appeal’s decision in Canadian Artists’ Representation/Front des artistes canadianes (CARFAC/RAAV) et al  v National Gallery of Canada. This case arose ...

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Patent Infringement Litigation Summit from www.patentbaristas.com

The International Quality and Productivity Center (IQPC) is holding a Patent Infringement Litigations Summit on developing strategically sound, cost-effective methods to manage increasing patent litigation. Often, patent infringement litigation comes out of nowhere.  It is ...

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WIPO Releases New PCT Video Series from info.inovia.com

We are excited to share with you the next two installments of WIPO's new YouTube series, "Learn the PCT".  These short segments educate inventors and applicants on the Patent Cooperation Treaty and the steps ...

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Which PCT International Search Authority (ISA) should I use? from info.inovia.com

The International Search Report (“ISR”) is a fundamental part of the PCT procedure. Once a PCT application is filed, an International Search Authority (ISA) performs a search of the prior art, and provides the results ...

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Surprise! The Law of Subject Matter Eligibility Remains Unsettled from www.patentlyo.com

By Jason Rantanen Accenture Global Services, GMBH v. Guidewire Software, Inc. (Fed. Cir. 2013) Download Accenture v. Guidewire Panel: Rader (dissenting), Lourie (author), Reyna It is difficult to think of an issue that has more ...

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