Patent & IP news for October 3, 2013
Patent Litigations
- Andrulis Pharmaceuticals Corp. v. Celgene Corp. filed 2013-10-02 in Delaware
- Sasol North America, Inc, et. al. v. GTLpetrol LLC filed 2013-10-03 in Texas Southern
- Sephra L.P. v. Trademark Games, Inc. et. al. filed 2013-10-03 in California Southern
- Freeny et. al. v. Kohl's Corporation filed 2013-10-03 in Texas Eastern
- Interface IP Holdings LLC v. Red Roof Inns Incorporated filed 2013-10-03 in Delaware
- Freeny et. al. v. Murphy Oil Corporation et. al. filed 2013-10-03 in Texas Eastern
- A.G. Findings & Mfg. Co. v. Valor Communication, Inc. filed 2013-10-03 in Florida Southern
- Progressive Semiconductor Solutions LLC v. Qualcomm Techonologies Inc et. al. filed 2013-09-30 in California Central
- Smith v. Davison Design & Development, Inc. filed 2013-10-01 in Florida Middle
- Mad Catz Interactive, Inc. v. Razer USA, Ltd. filed 2013-10-03 in California Southern
- MyMedicalRecords Inc v. WebMD Health Corp et. al. filed 2013-10-02 in California Central
- The Gillette Company v. BK Gifts et. al. filed 2013-10-03 in Ohio Southern
- ConMed Corporation v. Cosmescu et. al. filed 2013-10-02 in New York Northern
- Iron Cross Automotive, Inc. v. Rampage Products LLC filed 2013-10-03 in California Central
- Munchkin, Inc. v. Luv N'Care, Ltd. et. al. filed 2013-09-30 in California Central
USPTO Stats
8,386
published
appl'ns
appl'ns
5,958
granted
patents
patents
64
ptab
decisions
decisions
Patent & IP Blogs
BREAKING NEWS: Pinckney judgment just released from ipkitten.blogspot.com They certainly have pink knees,
but they are not Pinckney IPKat readers who follow all things copyright will remember Case C-170/12 Pinckney, an exciting reference from the French Court of Cassation concerning jurisdiction in ...
Software inventions are patentable depending on how you claim it from ocpatentlawyer.com Software inventions are patentable depending on how you claim it The eligibility of patent protection for software patents is the hot topic in patent law. For now, the attack on patents hasn’t spilled over ...
Sanctions loom large: Samsung execs were told all terms of secret Nokia-Apple patent license from www.fosspatents.com
Three months ago I saw a filing by Nokia that related to some discussions with Samsung considered so secretive that it wanted even the very title of a document to be sealed. It was clear ...
Federal Circuit Vacates PTAB Decision Invalidating Rambus Patent from www.pharmapatentsblog.com
In Rambus, Inc. v. Rea, the Federal Circuit found several legal and procedural errors in the decision of the USPTO Patent Trial and Appeal Board (PTAB) that invalidated certain claims of the Rambus patent as ...
In Rambus, Inc. v. Rea, the Federal Circuit found several legal and procedural errors in the decision of the USPTO Patent Trial and Appeal Board (PTAB) that invalidated certain claims of the Rambus patent as ...
GPhA Opposes California Biosimilar Bill; Points to Report on Savings from Biosimilars from www.patentdocs.org
By Donald Zuhn -- Last week, the Generic Pharmaceutical Association (GPhA) released a statement regarding a California bill (SB-598) that the GPhA asserted would "introduce[] burdensome provisions that could raise costs and limit patient access to ...
By Donald Zuhn -- Last week, the Generic Pharmaceutical Association (GPhA) released a statement regarding a California bill (SB-598) that the GPhA asserted would "introduce[] burdensome provisions that could raise costs and limit patient access to ...
Federal Circuit Vacates PTAB Decision Invalidating Rambus Patent from www.pharmapatentsblog.com
In Rambus, Inc. v. Rea, the Federal Circuit found several legal and procedural errors in the decision of the USPTO Patent Trial and Appeal Board (PTAB) that invalidated certain claims of the Rambus patent as ...
In Rambus, Inc. v. Rea, the Federal Circuit found several legal and procedural errors in the decision of the USPTO Patent Trial and Appeal Board (PTAB) that invalidated certain claims of the Rambus patent as ...
ANDA Product Controls Infringement Analysis In Hatch-Waxman Framework from www.iplawalert.com
Last week, the Federal Circuit, in Sunovion Pharm. v. Teva Pharm. USA, et al., addressed the appropriate infringement analysis in the context of Hatch-Waxman (aka “ANDA”) litigation. It held:
Although no traditional patent infringement [occurs ...
Government Shutdown Prompts Sua Sponte Stay from docketreport.blogspot.com
The court sua sponte stayed four related cases due to a government shutdown. "[I]n light of the recent lapse in appropriation for the Federal Trade Commission, and given the fact that the FTC is ...
The court sua sponte stayed four related cases due to a government shutdown. "[I]n light of the recent lapse in appropriation for the Federal Trade Commission, and given the fact that the FTC is ...
U.S. government requests stay of Microsoft's lawsuit over enforcement of Motorola import ban from www.fosspatents.com
On Tuesday morning my time, only a couple of hours after the U.S. government shutdown, I wrote an overview of how this would impact certain ongoing smartphone patent disputes. Among other things, I mentioned ...
In LED Greenwashing Case Court Unplugs Lights of America from www.greenpatentblog.com
A previous post discussed an action brought by the U.S. Federal Trade Commission (FTC) against Lights of America (LOA), charging the California LED lamp maker of violating the FTC Act by making false or ...
A previous post discussed an action brought by the U.S. Federal Trade Commission (FTC) against Lights of America (LOA), charging the California LED lamp maker of violating the FTC Act by making false or ...
Microsoft may win U.S. import ban against Google's Motorola over context menu patent from www.fosspatents.com
While Microsoft's efforts to ensure the enforcement of an import ban it won last year against Google's Motorola Mobility over a meeting scheduler patent are delayed by the current government shutdown, it achieved ...
Composing Consent: Federal Court Dismisses Pinto v BJEC from www.iposgoode.ca
The Federal Court recently held that in the absence of a written agreement, a copyright holder could grant implied consent to the use of their work when they allowed the work to be used for ...
The Federal Court recently held that in the absence of a written agreement, a copyright holder could grant implied consent to the use of their work when they allowed the work to be used for ...
What is an Exceptional Case such that Court Should Award Attorney Fees? from www.patentlyo.com
By Dennis Crouch Earlier this week, I commented on the two attorney-fees cases pending before the US Supreme Court: Octane Fitness, LLC v. ICON Health & Fitness, Inc., Docket No. 12-1184; and Highmark Inc. v. Allcare ...
By Dennis Crouch Earlier this week, I commented on the two attorney-fees cases pending before the US Supreme Court: Octane Fitness, LLC v. ICON Health & Fitness, Inc., Docket No. 12-1184; and Highmark Inc. v. Allcare ...
At CAFC, Microsoft gets reversal of ITC decision as to US '133: "Unavoidable proximity is still proximity." from ipbiz.blogspot.com
In Microsoft v. ITC (Motorola), the CAFC noted
As to the claims of the ’133 patent that are at issue, however, we hold that the Commission relied on incorrect claim constructions in finding no infringement ...
In Microsoft v. ITC (Motorola), the CAFC noted
As to the claims of the ’133 patent that are at issue, however, we hold that the Commission relied on incorrect claim constructions in finding no infringement ...
Federal judge determines 19 WiFi patents are worth a FRAND rate of less than 10 cents per unit from www.fosspatents.com
A redacted version of the second U.S. FRAND royalty determination has just been published today. Judge James L. Robart in Seattle (Western District of Washington) pioneered this field with his 207-page rate-setting opinion in ...
Tecsec v. IBM; CAFC discusses scope of mandate within Rule 36 context; IBM's comments in oral argument: no “need to get to claim construction.” from ipbiz.blogspot.com
In Tecsec v. IBM, the CAFC noted of the mandate rule
The defendants argue that the mandate rule applies because: (1) the district court’s constructions were within the scope of its judgment; (2) that ...
In Tecsec v. IBM, the CAFC noted of the mandate rule
The defendants argue that the mandate rule applies because: (1) the district court’s constructions were within the scope of its judgment; (2) that ...
Intellectual Property Rights: study indicates that roughly 35% of jobs in the EU rely on IPR-intensive industries from www.iposgoode.ca
The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. The European Commission today welcomed the publication of a study on Intellectual ...
The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. The European Commission today welcomed the publication of a study on Intellectual ...
Few People Download Illegally, But Those That Do, Do It A Lot from www.iposgoode.ca
The few, the mighty. That’s one way to describe illegal downloading habits. Ofcom, the United Kingdom (UK) communications regulator, has released topical data on digital downloads that violate copyright regulation. This study, based on ...
The few, the mighty. That’s one way to describe illegal downloading habits. Ofcom, the United Kingdom (UK) communications regulator, has released topical data on digital downloads that violate copyright regulation. This study, based on ...
Patent Law Federalism (Part II): Protecting the Free Speech Interest of Patent Owners to Conduct an Out-of-Court Patent Enforcement Campaign from www.patentlyo.com
Activision TV v. Pinnacle Bancorp (D.Neb 2013) In a second opinion in as many weeks, Federal Judge Bataillon (D.Neb.) has again ruled against the Nebraska State Attorney General and the state's campaign ...
Activision TV v. Pinnacle Bancorp (D.Neb 2013) In a second opinion in as many weeks, Federal Judge Bataillon (D.Neb.) has again ruled against the Nebraska State Attorney General and the state's campaign ...
PTAB Declines to Institute Inter Partes Review of Alimta (Pemetrexed) Patent from www.orangebookblog.com
Accord Healthcare v. Eli Lilly and Co., IPR2013-00356 (PTAB) by Herbert D. Hart III On October 1, 2013, the Patent Trial and Appeal Board issued a decision denying the petition for inter partes review filed ...
Accord Healthcare v. Eli Lilly and Co., IPR2013-00356 (PTAB) by Herbert D. Hart III On October 1, 2013, the Patent Trial and Appeal Board issued a decision denying the petition for inter partes review filed ...
ALJ Essex Denies-In-Part Motion To Compel In Certain Wireless Communications Base Stations (337-TA-871) from www.itcblog.com
On September 30, 2013, ALJ Theodore R. Essex issued the public version of Order No. 13 (dated September 4, 2013) denying-in-part Respondents Telefonaktiebolaget LM Ericsson and Ericsson Inc.’s (collectively, “Ericsson”) motion to compel Complainant ...
On September 30, 2013, ALJ Theodore R. Essex issued the public version of Order No. 13 (dated September 4, 2013) denying-in-part Respondents Telefonaktiebolaget LM Ericsson and Ericsson Inc.’s (collectively, “Ericsson”) motion to compel Complainant ...
California Biosimilar Bill Aligns with BIO Principles on Biologic Substitution from www.patentdocs.org
By Donald Zuhn -- Yesterday, we noted that the Generic Pharmaceutical Association (GPhA) recently expressed its opposition to a California bill (SB-598) that would authorize a pharmacist to select a biosimilar when filling a prescription order ...
By Donald Zuhn -- Yesterday, we noted that the Generic Pharmaceutical Association (GPhA) recently expressed its opposition to a California bill (SB-598) that would authorize a pharmacist to select a biosimilar when filling a prescription order ...
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