Patent & IP news for April 23, 2014

Colonoscopies contemplated in Braintree v. Novel; DNJ errs in construing "electrolyte shifts;" "it’s quite a bit of diarrhea that comes out.” from ipbiz.blogspot.com

The CAFC found that DNJ erred in claim construction in Braintree v. Novel :


Because we agree with Novel that the district court
erred in its construction of the claim term “clinically
significant electrolyte shifts,” we ...

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CAFC reverses DNJ on obviousness-type double-pateniting issue in Gilead v. Natco from ipbiz.blogspot.com

In Gilead v. Natco, the CAFC addressed an issue
in obviousness-type double-patenting:



This appeal presents a narrow question: Can a patent
that issues after but expires before another patent qualify
as a double patenting reference ...

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Geneva Health Forum Covers Wide Range Of Policy Issues from www.ip-watch.org

Non-communicable diseases, access and affordability, global health governance and information and communications technology innovation are some of the important issues discussed and debated at the recent Geneva Health Forum (GHF).

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Determination of Unpatentability in CBM Review Does Not Warrant Relief From $391 Million Judgment from docketreport.blogspot.com

The court denied defendant's motion for relief from a judgment of more than $391 million based upon the PTAB's non-final decision during CBM review that the asserted claims were unpatentable. "Defendants assert that ...

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"Text laundering" fools plagiarism detection software from ipbiz.blogspot.com

From How To Fool A Plagiarism Detector



All a hypothetical plagiarist needs to do, to evade such software, is to make sure that no more than, say, any given three or four consecutive words are ...

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Fractured CAFC decision in Braintree v. Novel with two different dissents; case punted back to DNJ from ipbiz.blogspot.com

In the case of Braintree v. Novel , the disposition
which states


Because we agree with Novel that the district court
erred in its construction of the claim term “clinically
significant electrolyte shifts,” we reverse the ...

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Four Opinions Defining “a Patient” and Is a Natural Phenomena an Act of God? from patentlyo.com

By Dennis Crouch Braintree Labs v Novel Labs (Fed. Cir. 2014) I see this case as highlighting the most critical and problematic problem with our patent system – that patent claim scope is intentionally ambiguous and ...

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MVS Filewrapper® Blog: The Ongoing Battle of Copyright Protection and Pre-1972 Sound Recordings from www.filewrapper.com

Federal Copyright Law generally protects works that are fixed in a tangible medium from unauthorized use, including copying, performance, exhibition, and broadcasting.  However, sound recordings from before 1972 are treated uniquely under the law—a ...

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ALJ Lord Designates Investigation “More Complicated” And Sets Procedural Schedule For Motion For Temporary Relief In Certain Sulfentrazone (337-TA-914) from www.itcblog.com

On April 22, 2014, ALJ Dee Lord issued Order No. 6 in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone (Inv. No. 337-TA-914). By way of background, this investigation is based on a March ...

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ITC Issues Final Determination Of Violation and Issues Remedial Orders In Certain Optoelectronic Devices for Fiber Optic Communications (337-TA-860) from www.itcblog.com

On April 17, 2014, the International Trade Commission (the “Commission”) issued a notice in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-860).  In the notice, the ...

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NJ District Courts Hold Defendants’ Feet to the Fire on Patent Contentions from www.iplawalert.com

We previously reported that plaintiffs need to diligently seek to amend their infringement contentions to include accused instrumentalities identified during discovery or risk preclusion. That premise applies equally to defendants. This week in Nippon Steel ...

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USPTO Proposed Rules for Transparency of Patent Ownership from www.patentbaristas.com

In January 2014, the USPTO published proposed rules to increase the transparency of patent ownership information for patent applications and issued patents, which the USPTO termed “attributable ownership proposed rules” as a shorthand title. You ...

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Reply Brief in Limelight v. Akamai from www.717madisonplace.com

Limelight has filed its Reply Brief in the Supreme Court case of Limelight v. Akamai.  This case deals with the issue of divided infringement.  The oral argument is slated for next Wednesday. You can read ...

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Inequitable conduct found by DNJ renders U.S. Patents 6,397,458 and 6,808,551 unenforceable from ipbiz.blogspot.com

The District Court of New Jersey made a finding of inequitable conduct against 3M Innovative Properties in the case Transweb v. 3M Innovative Properties, 2014 U.S. Dist. LEXIS 54919.

From the decision:


The Court ...

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Valeant goes after Allergan from ipbiz.blogspot.com

An article in the Toronto Star titled Patents drive blockbuster deals in drug industry
discusses the $45 billion (U.S.) joint offer of Valeant with U.S. activist investor Bill Ackman for Botox maker Allergan ...

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Schlumberger/Acacia matter illustrates (former) employee/trade secret/patent issue from ipbiz.blogspot.com

From within the article Patent "trolls" worry energy sector



The controversy first began last year when Schlumberger's deputy general counsel for intellectual property, Charlotte Rutherford, left to take a job as senior vice president ...

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