Patent & IP news for October 30, 2013

Patent Litigations

USPTO Stats

7,290
published
appl'ns
6,210
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Nokia wins patent case against HTC in the UK over patent asserted in 5 countries on 3 continents from www.fosspatents.com

I've been saying for a long time that HTC will end up paying royalties to Nokia for a license to some of Nokia's non-standard-essential patents (it already has a SEP license). It ...

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post image Wednesday whimsies from ipkitten.blogspot.com

Originality in EU Copyright: Full Harmonization through Case Law is a book which this Kat can honestly say he has read from cover to cover, since it is based on the author's PhD thesis ...

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post image The monopoly of "opoly": no Revelations in appeal from Galatians from ipkitten.blogspot.com

Victor vanquished. Olesegun Victor Ibitoye v Hasbro Inc, Case O-382-13  is the second appeal from the UK's Trade Mark Registry to an Appointed Person to get a mention on this weblog today. While this ...

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post image "Move over, Randall Rader": scrap US Federal Court monopoly of patent cases, says judge from ipkitten.blogspot.com

The excellent and ever-thoughtful Dan Bereskin QC (Bereskin Parr) has been the source of many an interesting insight from which this Kat has benefited over the years, so his emails are always welcome and eagerly ...

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post image Section 337 Caseload and Win Rate Revert to Norms from www.patentlyo.com

Guest Post By Michael G. McManus Traditionally, section 337 complainants at the ITC have enjoyed a greater chance of success than district court plaintiffs. The historical complainant win rate at the ITC has been calculated ...

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post image They Invented What? (No. 235) from anticipatethis.wordpress.com

U.S. Design Patent No. D72,334:  Design for a paper weight. JW Note:  Yet another hat tip to the Creepy IP Series at the United States Patent and Trademark Office for bringing this one ...

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post image You can't Steel this name: Burdon of proof satisfied from ipkitten.blogspot.com

The title of this post suggests that something has gone wrong with the IPKat's normally accurate spelling, but that's not quite the case.  The Burdon here is definitely Burdon with an "o" and ...

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post image So long Ed BlawgReview creator from www.lotempiolaw.com

I just received information through tweets sent out over the@BlawgReview Twitter feed Ed, the anonymous editor of Blawg Review, has died. Ed was short for Editor. Dear Blawg Review Community, I am the son ...

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post image Pierre's guidelines: a new, improved version from patlit.blogspot.com

Back in September, this blog drew the attention of readers to Unified Patent Court - Draft Rules of Procedure is a 306-page handbook, which includes the Agreement in the three official languages of English, French ...

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House Judiciary Committee Holds Hearing on Innovation Act from www.patentdocs.org

By Andrew Williams -- Earlier today, the House Committee on the Judiciary held a hearing to discuss the Innovation Act (H.R. 3309), a bill that was introduced last week by the Chairman of the Committee ...

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Federal Circuit Finds New Rationale Constituted New Ground Of Rejection On Appeal from www.pharmapatentsblog.com

A unanimous panel of the Federal Circuit has found that yet another decision by the USPTO Patent Trial and Appeal Board (PTAB) improperly made a new ground of rejection in “affirming” the examiner’s rejections ...

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Federal Circuit Finds New Rationale Constituted New Ground Of Rejection On Appeal from www.pharmapatentsblog.com

A unanimous panel of the Federal Circuit has found that yet another decision by the USPTO Patent Trial and Appeal Board (PTAB) improperly made a new ground of rejection in “affirming” the examiner’s rejections ...

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AIA Patents from www.patentlyo.com

The first-to-invent rules of the America Invents Act came into force on March 16, 2013. Patents with an effective-filing-date of March 16 or later are judged under the new rules of prior art and priority ...

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Appellants lose on 112 P2 in GAUSELMANN; examiner affirmed from ipbiz.blogspot.com

from Ex part GAUSELMANN

As to written description


The test for sufficiency of the written description of a patent application “is whether the disclosure of the application relied upon reasonably conveys to those skilled in ...

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Lawyer is the bad guy in NCIS "Oil and Water" on Oct. 29 from ipbiz.blogspot.com

Naturally, the lawyer, here "Brett Creevy" (played by William Ragsdale), was the bad guy in the "Oil and Water" episode of NCIS. Not only depicted as greedy and conniving but also collapsing into a simpering ...

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"Undersea Warfare Center" loses on written description and obviousness from ipbiz.blogspot.com


The appellant did not do well in Ex parte Dunn

The appellant seemed to make the wrong argument as to written description:


The Appellant’s arguments address the interpretation of “a passageway communicating with a ...

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General Motors takes a tumble in Ex parte MAIER from ipbiz.blogspot.com


The issues in Ex parte MAIER


Appealed claims 1-21 stand rejected under 35 U.S.C. § 112, first paragraph, enablement requirement. Claims 14-21 also stand rejected under 35 U.S.C. § 101 as being directed ...

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Appellants in Jakob win on missing element case from ipbiz.blogspot.com

from Ex parte Jakob


We agree with Appellants that at best, “[a] combination of Skof[l]janec and Case would lead to a housing for an ECU, where an opening leading to the inside of ...

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Farmers’ Groups Warn ARIPO About Implementing UPOV 91 In Africa from www.ip-watch.org

A collective civil society group has raised concerns about a draft Africa Regional Intellectual Property Organization (ARIPO) plant variety protection law, which is based on the 1991 version of the International Union for the Protection ...

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Damages Expert May Consider Litigation Outcome Statistics from docketreport.blogspot.com

The court denied defendant's motion to exclude the opinion of plaintiff's damages expert to the extent it was based on patent litigation outcome statistics. "The expert's] opinions concerning patent litigation outcomes are ...

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OECD STI Scoreboard from www.athenaalliance.org

A new report out by the OECD is continuing its path breaking work on the knowledge-based economy. As you will recall, earlier this month they released their large report on Supporting Investment in Knowledge Capital ...

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ALJ Pender Rules On Motions For Summary Determination In Certain Cases For Portable Electronic Devices (337-TA-861/867) from www.itcblog.com

On October 17, 2013, ALJ Thomas B. Pender issued the public version of Order Nos. 15 and 16 (dated September 10, 2013 and September 17, 2013, respectively) granting-in-part Complainant Speculative Product Design, LLC’s (“Speck ...

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Plain Packaging for Tobacco Products in the EU Up in Smoke? from www.iposgoode.ca

Where there’s smoke, there’s fire… or at least a heated debate. On October 8th, 2013, the European Parliament voted on the proposed revisions to the Tobacco Products Directive (TPD). One of the highly ...

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Support, competent pushback for Goodlatte patent reform proposal at Congressional hearing from www.fosspatents.com

Yesterday I tweeted and retweeted numerous times during the three-hour hearing on the proposed "Innovation Act" (H.R. 3309: Improving the Patent System to Promote American Innovation and Competitiveness) held by the Judiciary Committee of ...

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Shiver Me Timbers! US Court Declines to Exert Jurisdiction Over Pirate Joe’s from www.iposgoode.ca

In the past, Canada has been labeled as a pirate haven, but this is now literally true for Trader Joe’s lovers in Vancouver.  At Pirate Joe’s in Vancouver BC, Michael Hallatt resells marked-up ...

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New Trans-Pacific Partnership Caucus In US Congress from www.ip-watch.org

A new caucus of supporters of the Trans-Pacific Partnership agreement under negotiation was launched yesterday in the US Congress.Related Articles:

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Should the U.S. Federal Circuit Court retain its monopoly of patent litigation? from patlit.blogspot.com

The Chicago-Kent Journal of Intellectual Property has just published "Keynote Address: Is It Time to Abolish the Federal Circuit’s Exclusive Jurisdiction in Patent Cases?" by the Hon. Diane P. Wood (Chief Judge of the ...

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USTR Froman: FTAs A Way To Get Higher IP Standards Into Global Trade “Bloodstream” from www.ip-watch.org

United States Trade Representative Michael Froman today said that bilateral and regional agreements offer a way to get higher standards in areas such as intellectual property rights protection "into the bloodstream" of the global trading ...

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