Patent & IP news for October 16, 2013

Patent Litigations

USPTO Stats

5,725
published
appl'ns
6,219
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Patent Office provides ways to late pay fees to keep a patent alive from ocpatentlawyer.com

Patent Office provides ways to late pay fees to keep a patent alive The patent office provides due dates for various matters.  Some of the due dates can be extended with payment of an extension ...

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post image IP and the Fashion Industry Conference 2013: Part II from ipkitten.blogspot.com

Innocent infringer? Next to speak in today's IP and the Fashion Industry Conference 2013 was Robert Cumming (Appleyard Lees), who asked whether the "innocent infringer" in the retail sector was a mythical beast or ...

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post image IP and the Fashion Industry Conference 2013: Part I from ipkitten.blogspot.com

Opening this year's IP and the Fashion Industry Conference (programme here), Roy Crozier (Clarke Willmott LLP) asked registrants if they had purchased counterfeit products. After a confessional session, Roy continued by discussing the scope ...

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post image TTAB: wine trademark PRÊT À BOIRE not generic from www.lotempiolaw.com

It seems to me that a description of a characteristic of the wine that is commonly used to describe wine that is “ready to drink” should not be protectable by trademark registration. Even though the ...

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post image IP and the Fashion Industry Conference 2013: Part IV from ipkitten.blogspot.com

Closing today's programme on IP and the Fashion Industry Conference was fellow Kat Eleonora Rosati (University of Cambridge), who took as her topic the relationship of fashion photographs to the European body of human ...

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Genes and Information: The Problem of Disease-specific Databases from www.patentdocs.org

By Kevin E. Noonan -- One of the many untruthful positions taken by the ACLU in the AMP v. Myriad Genetics case was that DNA is merely information, like a computer program, and as such Myriad ...

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Microsoft and Google want final FRAND breach ruling, disagree only on details from www.fosspatents.com

The final clean-up for the FRAND contract dispute between Microsoft and Google's Motorola in the Western District

If you'd like to be updated on the smartphone patent disputes and other intellectual property matters ...

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Debunking myths about provisional patent applications from ipspotlight.com

Provisional patent applications are a useful tool for patent applicants to preserve patent rights for a 12-month window before filing a formal patent application.  However, they can create a false sense of security for applicants ...

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UN Economic Commission for Europe Tackles Innovation In The Public Sector from www.ip-watch.org

Innovation experts participating in a two-day seminar at the United Nations in Geneva last week highlighted the complexities as well as the potential benefits linked to the promotion of innovative practices in public administrations at ...

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In re Dillon cited against appellant in obviousness-type double patenting case from ipbiz.blogspot.com

Ex parte NOBUHIRO YABUNOUCHI

Dillon is cited in an obviousness type double-patenting case:



We are not persuaded by Appellants’ argument. The Federal Circuit
has ruled that:

In brief, the cases establish that if an examiner ...

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Attorney assertion of no predictability fails in Medoff case from ipbiz.blogspot.com


Appellants lose on obviousness in Ex parte MARSHALL MEDOFF .

Attorney argument fails



Appellants argue that it is not predictable that lignocellulosic material
will behave the same way as cellulosic material described in the IAEA
reference ...

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Appellant loses in Ex parte Nagy from ipbiz.blogspot.com

Ex parte Nagy

As to an apparatus claim


Appellants have not shown by persuasive technical reasoning or credible
evidence that the structure set out in Fig. 1 and 2 of Braun does not perform
(or ...

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AT&T wins on indefiniteness, obviousness rejections from ipbiz.blogspot.com


Ex parte DAVID G. RIVES


Thus, the Examiner has not satisfied the burden of providing evidence
that the prior art taught or suggested the step of “querying a network
database,” nor has the Examiner satisfied ...

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Appellants lose on obviousness in Ex parte Ban from ipbiz.blogspot.com


KSR is cited in Ex parte Ban


“The combination of familiar elements according to known methods
is likely to be obvious when it does no more than yield predictable results.”
KSR Int’l Co. v ...

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Withdrawal of FRAND Defense Precludes Use of FRAND in Hypothetical Negotiation from docketreport.blogspot.com

In ruling on the parties' motions in limine, the court clarified that defendants could not assert FRAND as a non-affirmative or business defense after voluntarily withdrawing FRAND counterclaims and affirmative defenses before trial. "Defendants have ...

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IP and the Fashion Industry Conference 2013: Part III from ipkitten.blogspot.com

The first post-prandial session of IP and the Fashion Industry was opened by Antony Gold (HGF), taking a look at disputes involving the fashion sector. Typical features include the following: design businesses as claimants rather ...

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They Invented What? (No. 233) from anticipatethis.wordpress.com

U.S. Patent No. 4,833,729: Shark protector suit. JW Note:  Hat tip to the “Creepy IP Series” at the United States Patent and Trademark Office for bringing this one to our attention. We ...

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Patent Holders can Learn from Angry Musician’s File Sharing Fight from ipcloseup.wordpress.com

A song writer makes a strong case against businesses that profit wildly from his and others innovators’ work. Heavy metal band Metallica got serious about battling illegal downloading of their work in 2000 when drummer ...

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IP Scores High In Sports – Supports Amateurs, Olympics, Development, Speakers Say from www.ip-watch.org

Alongside last week’s meeting of the World Trade Organization intellectual property committee, the United States, European Union and Jamaica organised an event on the relevance of intellectual property in sports. Speakers from professional organisations ...

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President Obama Fails To Veto ITC Final Determination Of Violation In Certain Electronic Digital Media Devices (337-TA-796) from www.itcblog.com

On October 8, 2013, the U.S. Trade Representative, Ambassador Michael B.G. Froman, issued a statement confirming that President Barack Obama would not disapprove of the International Trade Commission’s (the “Commission”) final determination ...

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Enforcing Injunctions: Perhaps they are not so Powerful from www.patentlyo.com

By Dennis Crouch NCube (ARRIS Gp) v. SeaChange (Fed. Cir. 2013) Injunctive relief is a powerful mechanism for stopping ongoing patent infringement and for forcing settlement by placing large hold-up costs on adjudged infringers who ...

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Rendering prior art inoperable for its intended purpose from www.717madisonplace.com

Patent prosecutors are familiar with MPEP sections 2143.01 (V) and 2143.01(VI).  Those sections recite: 2143.01 (V.)   THE PROPOSED MODIFICATION CANNOT RENDER THE PRIOR ART UNSATISFACTORY FOR ITS INTENDED PURPOSE If proposed ...

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