Patent & IP news for December 12, 2013

Patent Litigations

USPTO Stats

6,306
published
appl'ns
6,260
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image EU Commission fines Johnson & Johnson and Novartis for concluding a pay-for-delay agreement from patlit.blogspot.com

Joaquin AlmuniaOn Tuesday, the EU Commission announced that it imposed fines of € 10,798,000 on Johnson & Johnson and € 5,493,000 on Novartis, finding that two subsidiaries of the pharmaceutical companies had concluded an ...

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post image Portugal opts for compulsory arbitration of medicinal IP disputes from patlit.blogspot.com

From Baptista, Monteverde & Associados (Lisbon, Portugal) comes the following news:
The Law No. 62/2011 of December 12 established that disputes arising from industrial property rights related to reference medicines and generic medicines are subject ...

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post image Portugal's ethical code for compulsory arbitration of medicinal IP disputes from patlit.blogspot.com

This is a corrected version of an earlier post.

From Baptista, Monteverde & Associados (Lisbon, Portugal) comes the following news:
The Law No. 62/2011 of December 12 established that disputes arising from industrial property rights ...

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post image EU Implementation of the Nagoya Protocol - Heading to Catastrophe or Catastrophe averted? from ipkitten.blogspot.com

I am a biopiracy denier. I did not know that I was a denier. Tim Roberts, the beloved former president of the Chartered Institute of Patent Attorneys kindly informed me of the fact at the ...

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post image GoldieBlox v Beastie Boys: It's Not Over Yet from ipkitten.blogspot.com

Two weeks ago, toy company GoldieBlox, which promotes and sells toys that encourage girls to explore male-dominated fields like engineering, sued the Beastie Boys in a declaratory action.  [Details in the Kat's prior post ...

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post image Patent term extension in Europe: short notes on three big rulings from ipkitten.blogspot.com

The Court of Justice of the European Union
considers whether patents, like cats, should
have the benefit of nine lives ...
Some years ago this Kat discovered that not all readers of this weblog were as ...

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post image Eastern District of Texas Adopts Model Order to Focus Asserted Patent Claims and Prior Art References from www.grayonclaims.com

Recently, the Eastern District of Texas adopted a "Model Order Focusing Patent Claims and Prior Art to Reduce Costs."  A copy of the Model Order can be found here.  The Model Order provides for two ...

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ITC decides to review preliminary ruling that held HTC to infringe two Nokia patents from www.fosspatents.com

At close of business on Wednesday, the United States International Trade Commission (USITC, or just ITC) announced its decision to grant HTC's petition for review of a preliminary ruling according to which the Taiwanese ...

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News from Abroad: EPO Clarifies Extent to which Methods Involving Use of Human Embryos Are Excluded from Patentability from www.patentdocs.org

Generally, the European Patent Office does not allow claims to methods involving the use of human embryos for industrial or commercial purposes. It was therefore perhaps not surprising that the Examiner objected to the claims ...

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Federal Circuit denies Google motion for rehearing in Microsoft-Motorola patent case from www.fosspatents.com

More than two months ago the United States Court of Appeals for the Federal Circuit ruled on a Microsoft appeal of an ITC ruling in a patent case against Google subsidiary Motorola Mobility's Android-based ...

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Invitae Files Motion to Dismiss for Lack of Personal Jurisdiction in Myriad Genetics v. Invitae Corp. from www.patentdocs.org

By Kevin E. Noonan -- It is often to a patentee plaintiff's strategic advantage to file suit in the district in which it resides, to obtain whatever "home court" advantage may attach to that venue ...

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Conference On IP, Innovation And Public Interest Underway from www.ip-watch.org

CAPE TOWN, SOUTH AFRICA – Academics, advocates, lawyers, government officials and others meeting this week have heard of the launch of several new books and research tools to better understand the relationship of intellectual property, development ...

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WIPO Members Progress, But External Offices, Design Treaty Still Unresolved from www.ip-watch.org

After adopting the 2014-2015 program and budget yesterday, World Intellectual Property Organization member countries yesterday agreed on some pending issues but so far have not got agreement on principles for future WIPO offices worldwide nor ...

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Medicines Patent Pool Strikes Deal With Bristol-Myers Squibb from www.ip-watch.org

The Medicines Patent Pool today announced a new agreement with biopharmaceutical company Bristol-Myers Squibb for an HIV medicine, which is expected to increase access in 110 developing countries.Related Articles:

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Federal Patent Court of Germany invalidates keyboard patent Apple acquired from Mitsubishi from www.fosspatents.com

The Bundespatentgericht (BPatG, Federal Patent Court of Germany) yesterday struck down yet another smartphone patent: EP1168859 on a "portable radio communication apparatus using different alphabets", a multilingual keyboard patent Apple acquired from Mitsubishi a couple ...

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Example of a swear-behind (1.131) declaration executed by an assignee from allthingspros.blogspot.com

Takeaway: A §1.131 declaration used to swear behind a reference must be signed by all the inventors, unless "it is not possible to produce the declaration of the inventor." (MPEP 715.04(I)(D ...

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Director Michelle Lee: A Rough Start from www.patentlyo.com

By Dennis Crouch First, let me give my endorsement: I admire Director Michelle Lee and believe that she will be an excellent Deputy Director of the USPTO as well as Acting Director. She is extremely ...

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Expert’s Refusal to Disclose Prior Consulting Engagements Bars Access to Confidential Information from docketreport.blogspot.com

The court denied defendant's motion to allow its expert to review plaintiffs' confidential information under the parties' protective order because defendant's expert would not disclose his consulting history. "[Defendant's expert] has refused ...

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No Late Amendment of Contentions to Correct “Clerical Error” from docketreport.blogspot.com

The court granted defendant's motion to strike plaintiff's "corrected" contentions which added claim charts for more than 70 of defendant's products. "[Plaintiff] has alleged that its initial omission of the 70 [products ...

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HTC says it can again ship the One mini into the UK after winning stay of Nokia patent injunction from www.fosspatents.com

HTC has issued a statement to the media (Engadget was first to report) on a decision by the England and Wales Court of Appeal (the order itself has not been published yet):

"HTC is delighted ...

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UK appeals court affirms invalidation of Google's (Motorola Mobility's) synchronization patent from www.fosspatents.com

Yesterday, almost exactly a year after the England and Wales High Court declared Google's (Motorola Mobility's) infamous synchronization patent invalid (report on decision, full text), the England and Wales Court of Appeal threw ...

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US Government Suggests that Supreme Court Reject Federal Circuit’s Divided Infringement Jurisprudence from www.patentlyo.com

By Dennis Crouch Limelight Networks, Inc. v. Akamai Technologies, Inc. (Supreme Court 2013) Akamai is the licensee of MIT's patents for that solve some problems associated with distributing large amount of data to individual ...

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The EU-Thailand FTA: What Fate For Access To Medicines? from www.ip-watch.org

Following the public outcry over the EU’s demands for stringent intellectual property rules that would dramatically raise medicines prices in India, you would expect the EU to think twice about making similar demands in ...

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WIPO Launches Pilot Program Targeting Green Technologies from info.inovia.com

On November 28, 2013, WIPO launched a pilot program known as "WIPO Green."  The platform was initiated to accelerate the development of green technologies and connect groups with similar goals and innovations.  This database matches ...

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Google makes itself ridiculous, tells appeals court something Microsoft can disprove with transcript from www.fosspatents.com

Lawyers sometimes have to take extreme positions, but whatever they say must be at least somewhat justifiable. Three weeks ago I was thoroughly disappointed that Samsung's lawyers had told Judge Koh in the Northern ...

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Six New Jurisdictions Added for Paris Convention Filings from info.inovia.com

Driven by client demand, we added 30 new countries to our global agent network in 2013, and our most recent additions include six new direct filing destinations: Bolivia, Gulf Cooperation Council, Jordan, Lebanon, Paraguay, and ...

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GoDaddy.com not Liable for Cybersquatting from www.lotempiolaw.com

The ACPA did not not provide a cause of action for contributory  cybersquatting. The U.S. Court of Appeals ruled December 4, 2013 on the matter. The court affirmed a district court’s grant of ...

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Future Scenarios, IP Tax Evasion, Informal Sector, And Patents In Africa from www.ip-watch.org

CAPE TOWN, SOUTH AFRICA – A conference here on intellectual property, innovation and the public interest included a look at different possible futures for Africa, global IP tax evasion schemes, a discussion of the strong informal ...

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ALJ Essex Grants Motion To Compel In Certain Omega-3 Extracts From Marine Or Aquatic Biomass (338-TA-877) from www.itcblog.com

On December 9, 2013, ALJ Theodore R. Essex issued the public version of Order No. 35 (dated November 18, 2013) in Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (Inv ...

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ALJ Bullock Grants-In-Part Motion To Amend Complaint And Notice Of Investigation In Certain Tires (337-TA-897) from www.itcblog.com

On December 11, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 11 (dated November 21, 2013) containing his Initial Determination granting-in-part Complainants Toyo Tire & Rubber Co., Ltd., Toyo Tire Holdings ...

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