Patent & IP news for October 23, 2013

Patent Litigations

USPTO Stats

7,124
published
appl'ns
6,180
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Single Trans-Tasman patent approved from patlit.blogspot.com

Earlier today Commerce Minister Craig Foss, on behalf of the New Zealand government, announced his government's approval
" ... to implement a single application process and single examination process for New Zealand and Australian patent applications ...

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post image BGH on "acquired distinctiveness and market surveys" and "trade mark rights vs banking secrecy" from ipkitten.blogspot.com

Two recent trade mark decisions by the German Federal Court of Justice (Bundesgerichtshof or short: BGH) have caught this Kat’s eye.
The first case concerned a decision relating to an invalidity action against the ...

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post image Ancient DIESEL found registrable in Ireland from ipkitten.blogspot.com

Old Deuteronomy was still
Young Deuteronomy when Diesel's
marks were first filed
Diesel SpA v Montex Holdings Ltd is not a Trade Mark World War on the scale of the Battle of the Buds ...

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Myriad Genetics Sues Quest for Patent Infringement from www.patentdocs.org

By Kevin E. Noonan -- Turnabout being fair play, Myriad Genetics today filed suit against Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute for patent infringement in an action brought in the Federal District Court for ...

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Can You Wait To Take Advantage Of USPTO Fees Decreasing January 1, 2014? from www.pharmapatentsblog.com

Certain USPTO fees are set to decrease on January 1, 2014, including issue fees and the publication fees for utility applications. Also, as of January 1, 2014, certain PCT International Stage fees will have Small ...

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Can You Wait To Take Advantage Of USPTO Fees Decreasing January 1, 2014? from www.pharmapatentsblog.com

Certain USPTO fees are set to decrease on January 1, 2014, including issue fees and the publication fees for utility applications. Also, as of January 1, 2014, certain PCT International Stage fees will have Small ...

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From Macs to iMacs from www.tangible-ip.com

From Macs to iMacs ipVA’s holistic view of Intangible Assets, or IP, includes the creative thinking and knowledge of a business’ employees. What we term Human Capital forms a vital part of any company ...

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Diagnosing Ontario’s Electronic Medical Records Bill: Healthier, but Not Out of the Woods Yet from www.iposgoode.ca

The Ontario Government’s new electronic health records bill has passed its second reading. The Electronic Personal Health Information Protection Act (Bill 78, EPHIPA or EHR Act), is a responsive and important – yet still wanting ...

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Eleventh Hour Covenant Not To Sue Does Not Avoid Adverse Determinations or Fee Award from docketreport.blogspot.com

The court denied plaintiffs' motion to dismiss all patent claims and counterclaims following a jury trial, bench trial, the Federal Circuit's affirmance of a reexamination which invalidated the patent-in-suit, and plaintiffs' proposed covenants not ...

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No stay where EPO proceedings start over again from patlit.blogspot.com

Ipcom GMBH & Co KG v HTC Europe Co Ltd and others [2013] EWHC 2880 (Ch) is a Patents Court, England and Wales, decision of Mr Justice Roth, going back to 26 September but not yet ...

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WHO Performance Undermined By Inadequate EU Collaboration from www.ip-watch.org

Though the WHO is among the recipients of EU contributions, support should be scaled up now that the WHO fears program cuts because of a persistent funding crisis. Revenues from a Financial Transaction Tax would ...

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Federal Circuit schedules Oracle v. Google appellate hearing for December 4, 2013 from www.fosspatents.com

In six weeks from today, the United States Court of Appeals for the Federal Circuit will hear Oracle's Android/Java copyright appeal against a ruling by Judge Alsup in the Northern District of California ...

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Updated California Online Privacy Laws Require Disclosure of "Do Not Track" Policies from www.iplawalert.com

Recently, California Assembly Bill No. 370 (AB370) was signed into law by Governor Jerry Brown. AB 370 amends California’s Online Privacy Protection Act of 2003 (OPPA) to require that the privacy policy provided by ...

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PatentlyO discusses PTAB ruling in St. Jude Medical v. Volcano Corp from ipbiz.blogspot.com

See Interpreting the IPR Deadline; Conflicting PTAB Decisions; and Appealing Nonappealable Decisions concerning whether a counterclaim can be deemed a complaint, including the text



Rather, St. Jude sued Volcano for infringement and Volcano served an ...

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Appellant wins on obviousness in Gelber from ipbiz.blogspot.com


On inherency at the Board, from Ex parte Gelber


“In relying upon the theory of inhere
ncy, the examiner must provide a
basis in fact and/or technical reasoning to reasonably support the
determination that ...

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Appellant wins on 112 but loses on 103 from ipbiz.blogspot.com

Ex parte BIENIOSEK

As to 112 rejections:


Rejection under 35 U.S.C. §112,
first paragraph,
written description requirement
Appellant has persuasively argued the
Examiner reversibly erred in finding
the claim 30 limitation “said deoxidizing ...

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They Invented What? (No. 234) from anticipatethis.wordpress.com

U.S. Patent No. 420,995: Beheading block and ax. JW Note:  Hat tip and thanks again to the Creepy IP Series at the United States Patent and Trademark Office for bringing this one to ...

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ALJ Shaw Terminates Investigation As To Sharp In Certain Digital Media Devices (337-TA-882) from www.itcblog.com

On October 21, 2013, ALJ David P. Shaw issued Order No. 23 in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv ...

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ITC Institutes Investigation (337-TA-897) Regarding Certain Optical Disc Drives from www.itcblog.com

On October 21, 2013, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No ...

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Antigua Creating Platform To Monetise Suspended US IP Rights From WTO Case from www.ip-watch.org

The government of Antigua and Barbuda is said to be taking steps to set up a platform to allow the tiny Caribbean nation to monetise or otherwise take advantage of the suspension of US intellectual ...

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MIT Tech Review on KiOR and cellulosic biofuel from ipbiz.blogspot.com

In a piece on KiOR titled A Lifeline for a Cellulosic-Biofuel Company , Kevin Bullis concludes:



But big challenges remain. If Kior hopes to break even and eventually turn a profit, it needs the economies of ...

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