Patent & IP news for December 24, 2013

Regional Court of Cologne: keep that pig off the (blue) sofa! from ipkitten.blogspot.com

According to Germany media reports (here and here) an interesting copyright case, inter alia, relating to a sofa and a pig was recently decided by the Regional Court of Cologne (LG Köln, case reference: 14 ...

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Stepping on the GasPedaal: CJEU rules on re-utilisation of car-ad database from ipkitten.blogspot.com

The sui generis database right is one of Europe's forgotten rights. One can go weeks without thinking about it, months without having to answer any questions about it and years without having to read ...

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FTC publishes comments on proposed information requests to patent assertion entities, just in time for Christmas! from patlit.blogspot.com

In early October, the US Federal Trade Commission solicited public comments on proposed information requests to patent assertion entities engaged in licensing and asserting patents in the wireless communications sector. The broad study envisioned by ...

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Senate Judiciary Committee Holds Hearing on "Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll Abuse" from www.patentdocs.org

By Andrew Williams -- On Tuesday, December 17, 2013, the Senate Committee on the Judiciary took up the issue of abusive patent litigation. In a hearing entitled "Protecting Small Businesses and Promoting Innovation by Limiting Patent ...

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PTAB reverses examiner on obviousness in Ex parte Konefal from ipbiz.blogspot.com

The appellants in Ex parte KONEFAL won a reversal of obviousness rejections.

For example


The Examiner has not established, by evidence or technical reasoning, a sufficient factual basis to reasonably support the conclusion that a ...

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Appellants lose in Ex parte BEHR from ipbiz.blogspot.com

PTAB affirmed the examiner in Ex parte BEHR

In re Thorpe is cited


We are not persuaded of Examiner error on this basis because if the product in the product-by-process claim is the same as ...

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1969 "common sense" case cited in Ex parte Barrus from ipbiz.blogspot.com

from Ex parte Barrus


“Having established that this knowledge was in the art, the [E]xaminer could then properly rely . . . on a conclusion of obviousness ‘from common knowledge and common sense of the person of ...

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Nonfunctional descriptive material discussed in Ex parte Sen from ipbiz.blogspot.com


from Ex parte Sen


Thus, Appellants’ arguments urging patentability are predicated on nonfunctional descriptive material (i.e., rules stored within a memory). See Answer 16; See Ex parte Nehls, 88 USPQ2d 1883, 1887-90 (BPAI 2008 ...

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ALJ Shaw Denies Motion To Prevent Disclosure Of Confidential Business Information To Expert In Certain Crawler Cranes (337-TA-887) from www.itcblog.com

On December 18, 2013, ALJ David P. Shaw issued Order No. 11 in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).  In the Order, ALJ Shaw denied Complainant Manitowoc Cranes, LLC’s (“Manitowoc Cranes ...

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Federal Circuit Affirms In Motorola Mobility, Inc. Appeal (2012-1535) from www.itcblog.com

On December 16, 2013, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Motorola Mobility, LLC v. ITC (2012-1535).  This was an appeal from the International Trade Commission’s (“the ...

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

On December 23, 2013, Chief ALJ Charles E. Bullock issued Order No. 23 in Certain Tires and Products Containing Same (Inv. No. 337-TA-894). According to the Order, ALJ Bullock granted Complainants Toyo Tire & Rubber Co ...

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