Patent & IP news for January 9, 2014

Patent Litigations

USPTO Stats

6,165
published
appl'ns
6,214
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Design patents and prosecution history estoppel: restriction requirements can lead to surrender of alternate claim scope from ipspotlight.com

A recent case from the Federal Circuit held that the principles of prosecution history estoppel apply to design patents. While the case is obviously significant for anyone involved in litigating a design patent, inventors and ...

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post image Starting 2014 By Hanging Out My Green Patent Shingle from www.greenpatentblog.com

Happy New Year to you all.  In this first post of 2014, I’m pleased to report that the new year brings a major change for me professionally. I am very excited to announce that ...

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post image BREAKING NEWS: AG Cruz Villalon says that private copying exception only applies to copies made from lawful sources from ipkitten.blogspot.com

This morning Advocate General (AG) Cruz Villalón released his much awaited Opinion [only available in a limited number of languages, which include neither English nor Italian] in Case C-435/12 ACI Adam, a very ...

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post image Flat Out Dismissal: Court of Appeal upholds Floyd J in Virgin Atlantic's flat-bed saga from ipkitten.blogspot.com

No fudge from
Floyd, rules CA
Two years ago during the Olympics, the AmeriKat sat on her sofa
with the door ajar, letting the cool summer breeze tickle her paws. It sounds tranquil, but she ...

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post image Copycat- The Sky’s the limit from ipkitten.blogspot.com

Copycat
The row has now escalated, from the allegations of plagiarism banded around in the media, to an allegation of copyright infringement against the young actor. 
Plagiarism itself is not an illegal act (although highly ...

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post image Friday fantasies from ipkitten.blogspot.com

How will some of our slower
patents fare in the fast lane?
"New global patent pilot will save businesses time and money" is the happy prospect promised by a media release from the UK Intellectual ...

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FDA Approved 27 New Drugs in 2013 from www.patentdocs.org

By Donald Zuhn -- Last month, the U.S. Food and Drug Administration (FDA) announced that the agency approved 27 new drugs and biological products in 2013. According to the FDA release, the 27 new molecular ...

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PTAB Institutes Inter Partes Review of Oracea (doxycycline) Formulation Patents from www.orangebookblog.com

Amneal Pharmaceuticals, LLC v. Supernus Pharmaceuticals, Inc., IPR2013-00368, IPR2013-00371, IPR2013-00372 (PTAB) by Robert F. Kappers The U.S. Patent Trial and Appeal Board issued a trio of related decisions on December 17, 2013, each instituting ...

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USPTO Reduces Patent-Related Fees from inventivestep.net

On January 1, the USPTO reduced or eliminated several of the fees it charges patent applicants.  This is fairly unusual in recent years, as most fees have only gone up.  There was discussion that when ...

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New SIPO Commissioner Meets With Top WIPO Official From China from www.ip-watch.org

The State Intellectual Property Office of China (SIPO) has a new commissioner, Shen Changyu. And the World Intellectual Property Organization wasted no time in meeting with him. China was approved last month to receive a ...

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Evidence of Foreign Litigation and EPO Proceedings Precluded from docketreport.blogspot.com

The court granted plaintiff's motions in limine to preclude evidence of decisions in foreign litigations and the European Patent Office. "[T]here is a substantial risk of prejudice to [plaintiff] given the strong likelihood ...

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Willfulness Claim Requires Knowledge of Patent by Employees with “Some Connection” to Infringement from docketreport.blogspot.com

The court denied defendant's motion to dismiss plaintiff's willful infringement claim for failure to sufficiently plead knowledge of the patent-in-suit. "While courts have emphasized the importance of pleading the defendant’s knowledge of ...

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Aggregate Enforcement of Individually Unlicensable or Unassertable Patents is not Misuse from docketreport.blogspot.com

The court granted plaintiff's motion to dismiss defendant's patent misuse defense that was based on plaintiff's conduct as a "patent assertion entity" with over 80,000 patents and 2,000 "shell companies ...

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Confirmation of Validity in Reexam Alone Precludes Summary Judgment of Invalidity from docketreport.blogspot.com

The court denied defendant's motion for summary judgment that plaintiff's motor patents were invalid following reexamination which confirmed the patents' validity. "This Court is not persuaded by the defendants' insistence that it disregard ...

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ALJ Gildea Grants Motion to Strike New Claim Construction Argument In Certain Microelectromechanical Systems (337-TA-876) from www.itcblog.com

On December 20, 2013, ALJ E. James Gildea issued the public version of Order No. 50 (dated December 16, 2013) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876).  The ...

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New EU Customs Enforcement Regulation On IP Rights Takes Effect from www.ip-watch.org

A new regulation on the enforcement of intellectual property rights took effect in the European Union on 1 January, extending the range of rights protected, according to a legal analysis.Related Articles:

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ALJ Pender Issues Claim Construction Order In Certain Opaque Polymers (337-TA-883) from www.itcblog.com

On January 2, 2014, ALJ Thomas B. Pender issued the public version of Order No. 13 construing the disputed claim terms from the asserted patents in Certain Opaque Polymers (Inv. No. 337-TA-883). By way of ...

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Judge Rich on Functional Language from www.717madisonplace.com

I made the mistake a few years ago of loaning my copy of “Invention Analysis and Claiming” by Ron Slusky to a colleague — who promptly moved away . . . with my book.  So, with the second edition ...

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IP Intensive Program: Interning at CodeX, at Stanford University: The Highlight of My Law School Experience from www.iposgoode.ca

Last semester, I had the honour of interning at the CodeX Center for Legal Informatics at Stanford University in Palo Alto, California. This internship was one of the many placements available through Osgoode Hall Law ...

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IP Intensive Program: Helping Entrepreneurs – My Internship at ventureLAB from www.iposgoode.ca

As part of the Intellectual Property (IP) Intensive program at Osgoode Hall Law School, I was extremely fortunate to be placed at the Innovation Centre ventureLAB for 10 weeks. What does this organization do? In ...

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Most a loss for appellant in IPPISCH from ipbiz.blogspot.com

from Ex parte IPPISCH


In re De Blauwe , 736 F.2d 699, 705 (Fed. Cir. 1984)
(Arguments and conclusions unsupported by factual evidence carry no
evidentiary weight.)



The outcome


we affirm the rejection of claims ...

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Top IP-Watch Stories Of 2013: India, Marrakesh Treaty, Seed/Gene Patents, WIPO Election from www.ip-watch.org

Looking back on 2013, the list of the most-viewed stories on the Intellectual Property Watch website shows that reporting on activities in India, especially related to patents and public health, continued to draw the most ...

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