Patent & IP news for June 27, 2014

S.Ct. raises standard for definiteness in patent cases from ocpatentlawyer.com

The claims in a patent are supposed to inform others about the scope of patent protection afforded under the patent so people know what the can and cannot be marketed regarding the patent.  In particular ...

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EPO not moved by "change of venue" plea from patlit.blogspot.com

Have you ever wished that your oral proceedings before the European Patent Office were held somewhere more convenient? If so, take note of Case T 1142-1112 Polyethylene composition for injection molding with Improved stress crack ...

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ITC Vacates-In-Part Initial Determination Of Non-Infringement In Certain Multiple Mode Outdoor Grills (337-TA-895) from www.itcblog.com

Further to our May 28, 2014 post, on June 25, 2014, the International Trade Commission (“the Commission”) issued a notice of its decision to affirm-in-part and vacate-in-part ALJ David P. Shaw’s Initial Determination (“ID ...

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Old news re-circulated? from ipbiz.blogspot.com

The blog biofuelsdigest picked up a story on June 26, 2014 with text


Proterro gets patent for proprietary photobioreactor

In New Jersey, The United States Patent and Trademark Office (USPTO) has issued Patent No. 8 ...

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Michelle Lee: Speaking Truth to Patents: The Case for a Better Patent System from ipbiz.blogspot.com

The USPTO website posted the text for Michelle Lee's Speaking Truth to Patents: The Case for a Better Patent System

The suggestion of patents as monopoly arose


Now, critics of our patent system point ...

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Cleveland editors weigh in on Redskins, Chief Wahoo. Unintended results of increased use of "Redskins"? from ipbiz.blogspot.com

The post mentioned text from Judge Bergsman's dissent in the Redskins case:


The one dissenter in the decision, Trademark Trial and Appeal Board member Marc Bergsman, said that his dissent should not be construed ...

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Royalty Base Not Limited to Products Deemed to Directly Infringe from docketreport.blogspot.com

The court denied in part defendant's motion to exclude the opinions of plaintiff's damages expert as to a royalty base, and rejected plaintiff's argument that only directly infringing units could be considered ...

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Teva v. Sandoz: Teva’s Opening Merits Brief from patentlyo.com

By Jason Rantanen Teva recently filed its merits brief in Teva v. Sandoz (previous PatentlyO discussion here and here).  It’s main argument on the issue of claim construction is that claim construction involves making ...

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Hill-Rom v. Stryker: reversal because the district court’s judgment of non-infringement was premised on erroneous claim constructions from ipbiz.blogspot.com

Hill-Rom v. Stryker gives various statements of law


“[T]his court has expressly rejected the contention
that if a patent describes only a single embodiment, the
claims of the patent must be construed as being ...

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USPTO Extends Deadline for Providing Feedback on Myriad-Mayo Guidance from www.patentdocs.org

By Donald Zuhn -- As we reported earlier this week, the period for submitting written comments to the U.S. Patent and Trademark Office regarding the Office's Myriad-Mayo guidance memorandum has been extended to July ...

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