Patent & IP news for November 21, 2013

The fragrance of women: an Advocate General tells us what he thinks from ipkitten.blogspot.com

Matilda has a subtle nose for sniffing out
trade mark enforcement problems in
Europe's so-called single market ...This morning Advocate General Niilo Jääskinen gave us (or some of us, at any rate) the benefit ...

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After Final Consideration Pilot from www.lotempiolaw.com

In May of 2013 the United States Patent and Trademark Office (USPTO) initiated a new program known as the After Final Consideration Pilot 2.0 (AFCP). The AFCP authorizes patent examiners to take additional time ...

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Apple says Samsung's stalling strategy 'has crossed the bounds of reason', reexamination isn't over from www.fosspatents.com

After two days of jury deliberations, Apple and Samsung are still waiting for the verdict that will conclude their limited damages retrial in the Northern District of California. On Day 2 (Wednesday), Samsung brought an ...

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Stays revisited: IPCom v HTC in the Court of Appeal from patlit.blogspot.com

Earlier today the Court of Appeal for England and Wales gave an important and keenly-awaited ruling in IPCom GmbH & Co Kg v HTC Europe Co Ltd & Others [2013] EWCA Civ 1496, a decision on whether ...

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Another blocking injunction granted (but mere hyperlinking and framing should not infringe) from ipkitten.blogspot.com

Mr Justice ArnoldLast week Mr Justice Arnold issued an intriguing order (promptly analysed by The 1709 Blog) which touched upon issues that are dear to copyright and internet lawyers. The case concerned in fact ...

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TPP: a longish peep at patents from ipkitten.blogspot.com

Now that we've looked at the bits of the wikileaked text of the Trans-Pacific Partnership that govern its General Provisions (by Alberto Bellan, here), Copyright (by Angela Daly, here), and Trade Marks (again by ...

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Shooting Blanks: Federal Circuit finds Knock-Off Manufacturer not a “Willful Infringer” from www.patentlyo.com

By Dennis Crouch Jake Lee v. Mike's Novelties (Fed. Cir. 2013) Jake Lee's patent No. 6,419,936 is directed to a novelty pipe whose bowl looks like a revolver cylinder and is ...

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That Google Books decision: good, but only second best? from ipkitten.blogspot.com

While he is always fond of his own opinions, this Kat does take an interest in what others have to say -- particularly when they have earned their right of audience through the quality of their ...

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Breaking news: Court of Appeal affirms "no-stay" decision in IPCom/HTC patent scrap from ipkitten.blogspot.com

This Kat has received an excited email circular from his friends at Bristows concerning the fiercely-contested battle between is-it-a-European-patent-troll IPCom GmbH [better known for its dramatic patent litigation against Nokia, on which see, e.g ...

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PTAB Finds § 315(b) Barred Petition for Inter Partes Review Challenging Claims Amended in Reexamination from www.orangebookblog.com

BioDelivery Sciences Int'l, Inc. v. MonoSol RX, LLC, IPR2013-00315 (PTAB) by Robert F. Kappers On November 13, 2013, the Patent Trial and Appeal Board issued a decision denying the petition for inter partes review ...

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Yet Another "Patent-Troll" Bill – Senator Leahy Introduces Patent Transparency and Improvements Act from www.patentdocs.org

By Andrew Williams -- There has been a flurry activity recently in both the House and Senate aimed at addressing the perceived patent-troll problem. We have recently reported on the introduction of both the "Innovation Act ...

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A Question Of Balance In IP Rights In South Africa from www.ip-watch.org

DURBAN, SOUTH AFRICA - There are human rights issues with intellectual property, Mmboneni Muofhe, deputy director-general for international cooperation and resources at the South African Department of Science and Technology, said at an industry-driven conference here ...

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Innovation Act Approved by Committee; New Troll Bill Introduced in Senate from inventivestep.net

Congress continues its work to pass legislation aimed at reducing abuse from patent trolls. Earlier this week, House Judiciary Committee Chairman Bob Goodlatte (R-VA) had introduced a Manager’s Amendment to the Innovation Act, H ...

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Inequitable Conduct in Canadian Patent Prosecution from www.iposgoode.ca

The United States Court of Appeals for the Federal Circuit recently provided an example of when patents will be invalidated due to inequitable conduct. Canadian patent law presently has no comparable doctrine of inequitable conduct ...

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Google’s Big Score: District Court Says Book Digitization Project is Fair Use from www.iposgoode.ca

In the latest installment of the legal saga surrounding Google’s book digitization project,  Judge Denny Chin of the Southern District NY court has granted summary judgement in favour of Google, Inc. following eight years ...

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Patentee May Not Recover Lost Profits of Subsidiary Based on Reduction of Hypothetical Sales Price of Subsidiary from docketreport.blogspot.com

The court granted defendants' motion for summary judgment that plaintiff was not entitled to price erosion damages incurred by its subsidiary because plaintiff did not establish a direct injury. "While [plaintiff's expert] has offered ...

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Copyright Economy: Protecting ‘Works of Mas’ in Trinidad and Tobago from www.iposgoode.ca

Abstract: This study problematizes international copyright policy by using a case study that can be said to exist outside of the copyright paradigm. Using works of mas in Trinidad and Tobago as my case study ...

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WIPO Development Committee Works On Projects; Broader Issues At Bay from www.ip-watch.org

While the World Intellectual Property Organization committee on development is evaluating results and taking decisions on a number of development-related projects this week, discussions on more substantial matters reveal that member states do not share ...

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ALJ Essex Denies Motion To Compel In Certain Omega-3 Extracts From Marine Or Aquatic Biomass (337-TA-877) from www.itcblog.com

On November 15, 2013, ALJ Theodore R. Essex issued Order No. 33 in Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (Inv. No. 337-TA-877). According to the Order, complainants Neptune ...

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The New Year Brings New Fees at the USPTO from info.inovia.com

2014 will usher in a new fee schedule for the US Patent and Trademark Office. Luckily, that pounding headache and nausea you might experience on January 1, 2014 won’t be a result of higher ...

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ALJ Lord Sets 16-Month Target Date In Certain Navigation Products (337-TA-900) from www.itcblog.com

Further to our November 12, 2013 and November 14, 2013 posts, on November 20, 2013, ALJ Dee Lord issued Order No. 3 in Certain Navigation Products, Including GPS Devices, Navigation and Display Systems, Radar Systems ...

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ALJ Pender Sets 16-Month Target Date In Certain Handheld Magnifiers (337-TA-901) from www.itcblog.com

Further to our November 12, 2013 and November 14, 2013 posts, on November 20, 2013, ALJ Thomas B. Pender issued Order No. 3 in Certain Handheld Magnifiers and Products Containing Same (Inv. No. 337-TA-901). According ...

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Retrial jury awards Apple $290 million, total damages in case against Samsung: $929 million from www.fosspatents.com

A federal jury in the Northern District of California has just awarded Apple $290,456,793 ($290 million) in damages with respect to 13 patent-infringing Samsung products, replacing a $410 million portion of last year ...

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Microsoft says Google's Motorola Mobility appealed FRAND breach ruling to wrong court from www.fosspatents.com

A venue fight is in full swing between Microsoft and Google's Motorola Mobility, and it comes as no surprise after the Google subsidiary immediately appealed a FRAND breach judgment by the United States District ...

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