Patent & IP news for January 22, 2014

Patent Litigations

USPTO Stats

6,670
published
appl'ns
4,657
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Rights of UK patent attorneys to Practise before the Unified Patent Court - CIPA/IPO Open Meeting from ipkitten.blogspot.com

To his great pleasure, it fell to this moggy yesterday to attend the meeting organised by the IPO and CIPA at CIPA Hall to discuss the rights of representation by patent attorneys at the Unified ...

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post image March LES Meeting will Enable Attendees to Customize from ipcloseup.wordpress.com

The first-ever mid-winter LES meeting featuring presentations by Judge Randall Radar and former USPTO Commissioner David Kappos, will also be the first to provide six industry tracks that can be tailored by attendees to suit ...

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post image What does it mean for a device to be “configured to” perform a particular function? from patentlyo.com

By Dennis Crouch Chief Judge Rader recently argued that no patentable weight should be given to claim terms focusing on how a device is “configured to” perform a particular task. See Superior Industries v. Masaba ...

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post image UK Intellectual Property Bill gets its second reading from ipkitten.blogspot.com

The UK’s forthcoming Intellectual Property Bill (a piece of primary legislation that will become an act) received its second reading in the House of Commons on Monday, meaning it is that bit closer to ...

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post image Bocacina v Boca: a costly affair, but who pays for what? from ipkitten.blogspot.com

The Intellectual Property Enterprise Court (“IPEC”), which superseded the Patents County Court for England and Wales in 2013, is acclimatising nicely to its new name, though it has been a few months since the first ...

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post image Wednesday whimsies from ipkitten.blogspot.com

"I don’t know if you mind continuing the plugging", writes Katfriend and IP personality Gwilym Roberts, "but Gill Smith will be speaking at the Royal Overseas League, London, for Union on 11 March 2014 ...

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post image More information on the Novartis v. Lee Change in Patent Term Adjustment from patentlyo.com

By Dennis Crouch The outcome of the Novartis v. Lee case is that the vast majority of recently issued patents that include an RCE in the file history are due additional patent term adjustment (PTA ...

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post image Medtronic v. Mirowski – Supreme Court Holds Patentee Bears Burden of Persuasion In Declaratory Judgment Action Brought By Licensee from www.grayonclaims.com

In a unanimous decision, the U.S. Supreme Court held in Medtronic, Inc. v. Mirowski Family Ventures, LLC (No. 12-1128) that “[w]hen a licensee seeks a declaratory judgment against a patentee that its products ...

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Institut Pasteur v. Focarino (Fed. Cir. 2013) from www.patentdocs.org

By Donald Zuhn -- Last month, the Federal Circuit dismissed an appeal by Institut Pasteur of a determination by the Board of Patent Appeals and Interferences affirming the rejection of claim 14 of U.S. Patent ...

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Hardware alone does not infringe patent that also requires software running on the hardware from ipspotlight.com

The mere capability of infringement does not necessarily give rise to liability for infringement, according to the Federal Circuit’s opinion in Nazomi Communications v. Nokia Corp. (No. 2013-1165, 1/10/2014). In the case ...

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Amendments to the IP Bill at second reading just published from ipkitten.blogspot.com

Following on from fellow Kat Darren M.'s post earlier today, this Kat has now had a chance to sneak a peak at the amendments to the IP Bill that are listed as at the ...

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Concerns Erupt Over Leaked Pharma Lobbying Plan Against IP Policy In South Africa from www.ip-watch.org

The South African minister leading the charge in drafting a revised intellectual property policy for the country has expressed his dismay at reports of a pharmaceutical company campaign aimed at derailing the process of implementing ...

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Tactical Decision Not to Assert Infringement Theories No Basis for Late Amendment of Contentions from docketreport.blogspot.com

The court granted defendant's motion to strike plaintiff's amended infringement contentions. "Even had [plaintiff] sought leave to amend its Infringement Contentions at this late date, the Court finds that allowing the Amended Infringement ...

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Industry Updates from WIPO’s PCT Newsletter from info.inovia.com

Hello everyone.  WIPO released their first PCT Newsletter for January 2014 and we have compiled some highlights for your consideration. Four more Offices have signed up to pilot the PCT Patent Prosecution Highway, bringing the ...

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Everything Old is New Again: Reframing the Cultural Explanation for Intellectual Property Infringement in China from www.iposgoode.ca

Daniel Whalen won Canada’s IP Writing Challenge last year for his article, “Everything Old is New Again: Reframing the Cultural Explanation for Intellectual Property Infringement in China.” In anticipation for the next edition of ...

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ALJ Essex Issues Public Version Of Initial Determination In Certain Optoelectronic Devices For Fiber Optic Communications (337-TA-860) from www.itcblog.com

Further to our December 17, 2013 post, on January 9, 2014, ALJ Theodore R. Essex issued the public version of his Initial Determination on Violation of Section 337 and Recommended Determination of Remedy and Bond ...

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New Health Collaboration Touts Ethics, Aims To Put Patients First from www.ip-watch.org

Several major health care organisations this week signed a “consensus framework for ethical collaboration between patients’ organisations, healthcare professionals, and the pharmaceutical industry.Related Articles:

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ALJ Pender Issues Claim Construction Order in Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890) from www.itcblog.com

On January 16, 2014, ALJ Thomas B. Pender issued Order No. 8 construing the disputed claim terms of the asserted patents in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890). By way ...

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Federal Circuit: Claim Construction Should be Avoided Unless Associated with a Recognized Meaningful Case Outcome from patentlyo.com

by Dennis Crouch Superior Industries v. Masaba (Fed. Cir. 2014) Superior Indus. is an interesting short non-precedential opinion from the Federal Circuit. Judge Clevenger wrote the opinion whose holding is simply a remand for clarification ...

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Jumbo Patents of 2013 from patentlyo.com

by Dennis Crouch The following is a list of the patents issued in 2013 with the most claims. 8,401,902: 404 claims covering a "method for using computers to facilitate and control the creating ...

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Jury Trials in Patent Cases from patentlyo.com

In his recent work-in-progress article, Professor Mark Lemley focuses on the question of whether the Seventh Amendment protects the right to a jury determination of invalidity. His answer (and I paraphrase): Its complicated, but there ...

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Supreme Court Reverses Federal Circuit: Holds that Patentees Always have Burden of Proving Infringement from patentlyo.com

By Dennis Crouch Medtronic v. Mirowski, ___ U.S. ___ (2014) [CaseText] In a unanimous opinion, the US Supreme Court has reversed the Federal Circuit – holding that the patentee has the burden of proving infringement ...

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Details Details: Defective Priority Claim Means No Priority Claim from patentlyo.com

Guest Post by Lisa Adelson Today, in Medtronic CoreValve LLC vs. Edwards Lifesciences Corp., the Federal Circuit gave a gentle reminder to all U.S. patent practitioners (and a not so gentle reminder to Medtronic ...

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References Cited Per Patent from patentlyo.com

In the US patent applicants and patent attorneys operate under a duty to disclose to the USPTO “all information known to that individual to be material to patentability.” 37 C.F.R. 1.56. Here ...

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CSI does Project Jericho and domestic spying on January 22, 2014 from ipbiz.blogspot.com

The story begins with a handoff of a flash drive, a car chase, and an explosion, with a crispy corpse in the remnants of the car.

The dead body seemed to be that of an ...

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