Patent & IP news for November 14, 2013

No Injunction for Graffiti Artists to Stop 5Pointz Demolition from ipkitten.blogspot.com

Above the "official" Banksy NY t-shirt
Banksy writes: "And that's it.
Thanks for your patience.
It's been fun. Save 5pointz. Bye" A group of graffiti artists in New York City recently sued the ...

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Should you Transform Your Pre-AIA Application to an AIA Application? from www.patentlyo.com

By Dennis Crouch In the lead-up to March 16, 2013 the patent office received an influx of tens-of-thousands of patent application filings. That date is important because new applications filed on or after March 16 ...

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How many leaks will it take to fill the Pacific? from ipkitten.blogspot.com

Via Alberto Bellan (katpat!) comes this link to The Verge, featuring an article entitled "WikiLeaks publishes secret draft of Trans-Pacific Partnership treaty" by Jacob Kastranekes. It reads, in relevant part:

"WikiLeaks has published a leaked ...

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AstraZeneca LP v. Breath Ltd. (Fed. Cir. 2013) from www.patentdocs.org

By Donald Zuhn -- In an appeal decided last month, the Federal Circuit reversed and remanded a decision of noninfringement by the District Court for the District of New Jersey with respect to U.S. Patent ...

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Federal Circuit Finds Distribution of Glucose Meters Exhausts Method Patent Claims from www.pharmapatentsblog.com

In LifeScan Scotland, Ltd. V. Shasta Technologies, LLC, the Federal Circuit found that LifeScan’s distribution of its One-Touch Ultra glucose meters exhausted its patent rights such that it could not prevent Shasta from selling ...

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Federal Circuit Finds Distribution of Glucose Meters Exhausts Method Patent Claims from www.pharmapatentsblog.com

In LifeScan Scotland, Ltd. V. Shasta Technologies, LLC, the Federal Circuit found that LifeScan’s distribution of its One-Touch Ultra glucose meters exhausted its patent rights such that it could not prevent Shasta from selling ...

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Federal Patent Court of Germany declares Motorola's push patent invalid as granted from www.fosspatents.com

Good news for German iCloud users: they won't lose the push email feature of Apple's iCloud service again. Apple reactivated the feature last month after 19 months of illegitimate enforcement by Google and ...

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Modesty and humility reign at Apple v. Samsung damages retrial in Northern California from www.fosspatents.com

This morning I updated my Q&A; on the ongoing Apple v. Samsung limited damages retrial in the Northern District of California to reflect the long-awaited information on what damages figure Judge Lucy Koh allowed ...

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Apple seeks to prevent Google from spying on its high-level negotiations with Qualcomm from www.fosspatents.com

A new document filed by Apple in its Qualcomm-related antisuit action against Google's Motorola Mobility in the Southern District of California doesn't require much explanation, but it is worth sharing. It's a ...

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September trade in intangibles from www.athenaalliance.org

September's trade numbers are out and the deficit is growing again -- up $3.1 billion to $41.8 billion. Economists had predicted only a slight increase to $39 billion. The bad news is that ...

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Does the Exclusion of Expert Testimony Preclude Plaintiff's Damages Claim? from docketreport.blogspot.com

Yes. The court granted defendants' motion to preclude plaintiff from seeking lost profits for three of its patents after the court struck the related opinions of its damages expert. "[Plaintiff] claims that it can prove ...

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BREAKING NEWS: Google Books Library Project is FAIR USE from ipkitten.blogspot.com

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Wolf fight: "what we say explicitly is what we mean", CJEU tells General Court from ipkitten.blogspot.com

The applicant's mark Now here's a surprise, at least for anyone who believes that all the members of the European Union's General Court can find their way from the lounge to the ...

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Interesting new survey results from a Time/Qualcomm survey of 10,000 global consumers. Read here: http://www.qualcomm.com/sites/default/files/uploads/time-invention-poll-in-cooperation-with-qualcomm-summary.pdf from www.patentlyo.com

Interesting new survey results from a Time/Qualcomm survey of 10,000 global consumers. Read here: http://www.qualcomm.com/sites/default/files/uploads/time-invention-poll-in-cooperation-with-qualcomm-summary.pdf

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Brands A Growing Economic Asset, But Further Economic Work Needed, WIPO Says In Report from www.ip-watch.org

The World Intellectual Property Organization today issued its second-ever report on global IP trends, focussing on brands, the relevance of reputation, and image in the global marketplace. Increases in trademark applications and the global value ...

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Trademark Registration v. COLA Approval from www.lotempiolaw.com

Imagine this: You have finally achieved your life-long goal of fermenting, bottling, and producing your own wine. You have received your COLA (Certificate of Federal Authority) from the Federal Government. You begin selling and advertising ...

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A First IPR Decision on the Merits from www.patentlyo.com

Garmin v. Cuozzo Speed Tech, IPR2012-00001 (PTAB 2013) Download Final decision-59 In its first full merits decision in an inter partes review case, the Patent Trial and Appeal Board (PTAB) has sided fully with the ...

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CNET: Judge Dismisses Authors’ Case Against Google Books from www.ip-watch.org

CNET News reports: A federal judge has dismissed a copyright infringement lawsuit that an author group brought against Google, concluding that books are like Web pages when it comes to indexing them and displaying small ...

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

In Episode 11 & 12 of WIPO's ongoing series "Learn the PCT", Matthias Reischle discusses two important topics.  In the first episode, "Recording of Changes to Bibliographic Data under PCT Rule 92bis", he introduces the ...

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Capture, Sunlight, And The TPP Leak from www.ip-watch.org

Margot Kaminski writes in Concurring Opinions: Yesterday, Wikileaks leaked the draft IP chapter of the Trans-Pacific Partnership Agreement (TPP). This is the first of two posts I’ll make on the significance of the leak ...

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ALJ Lord Sets Procedural Schedule In Certain Multiple Mode Outdoor Grills (337-TA-895) from www.itcblog.com

Further to our September 23, 2013 and November 1, 2013 posts, on November 12, 2013, ALJ Dee Lord issued Order No. 9 in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895). In ...

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Update Regarding Certain Navigation Products (337-TA-900) from www.itcblog.com

Further to our November 12, 2013 post, Chief ALJ Charles E. Bullock issued a notice assigning Dee Lord as the presiding Administrative Law Judge in Certain Navigation Products, Including GPS Devices, Navigation and Display Systems ...

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Update Regarding Certain Handheld Magnifiers (337-TA-901) from www.itcblog.com

Further to our November 12, 2013 post, Chief ALJ Charles E. Bullock issued a notice assigning Thomas B. Pender as the presiding Administrative Law Judge in Certain Handheld Magnifiers and Products Containing Same (Inv. No ...

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ALJ Bullock Terminates Investigation As To Tirecrawler.com In Certain Tires (337-TA-894) from www.itcblog.com

On November 12, 2013, Chief ALJ Charles E. Bullock issued Order No. 9 in Certain Tires and Products Containing Same (Inv. No. 337-TA-894). In the Order, ALJ Bullock granted a joint motion filed by Complainants ...

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Recent Posts on Patently-O from www.patentlyo.com

We have published a number of important essays this week. Here is a breakdown: Independent Justification for Appellate Standing over Inter Partes Reviews Independent Justification for Appellate Standing over Administrative Patent Challenges – Part II A ...

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USTR Froman Pitches Benefits Of TPP For Japan-US Business from www.ip-watch.org

A day after the stunning release of a recent draft of the intellectual property chapter of the highly secret Trans-Pacific Partnership trade agreement, United States Trade Representative Michael Froman promoted the potential benefits of the ...

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Motion to Amend Pleadings to Assert Inequitable Conduct Denied in Rapamycin Case from www.orangebookblog.com

Pfizer Inc. v. Sandoz Inc., No. 12-654-GMS-MPT (D. Del.) by Malaika D. Tyson Undue delay that resulted in prejudice to Pfizer coupled with failure to demonstrate good cause are some of the reasons why on ...

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