Patent & IP news for September 17, 2014

AIPPI Congress Report 2: Second medical use heats up a Sunday morning from ipkitten.blogspot.com

Good morning, Toronto!Sunday mornings. Normally, the AmeriKat can be found burrowing under her comforter (not her "duvet" while she is on this side of the Atlantic) clinging to her final hours of pyjama-wearing, work-avoiding ...

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AIPPI Congress Report 5: 'A' stands for "Arbitration" and "Aereo" from ipkitten.blogspot.com

There was so many 'A' things going on on Monday afternoon
the AmeriKat's 45th chai tea latte of the day
was adopting its shapeWhile the AmeriKat was ramping up her third day of ...

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Of Welsh love spoons, patents and trains: Brits and Chinese still get on just fine from ipkitten.blogspot.com

Last week this weblog hosted the first of two instalments of the adventures of the members of the British IPO/FCO-led Expeditionary Force that headed for the Far East to do their bit for ...

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Enablement to USE drugs vs. enablement to PRODUCE drugs from patlit.blogspot.com

The decision T 1616/09 deals with an application including both claims directed to pharmaceutical compositions and claims directed to the medical use of such compositions. The application had been rejected based on lack of ...

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AIPPI Congress Report 4: Should Europe embrace a patent linkage system? from ipkitten.blogspot.com

The site of this year's Pharma Day -
reminding the audience that, yes, you
are in CanadaWithout the slightest hint of pharma fatigue, the AmeriKat continued her Pharma Day in the SPC session.  Sadly ...

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Puss In (Infringed?) Boots from ipkitten.blogspot.com

On September 8, Judge Wright from the Central District of California dismissed Plaintiff Deckers Outdoor Corporation’s trade-dress infringement claim against retailer J.C. Penney over the sale of allegedly infringing boots, but allowed the ...

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"Slow Justice is No Justice": Brits and Chinese get on just fine from ipkitten.blogspot.com

There has been plenty of coverage of the UK IPO/FCO-led China-UK Intellectual Property Week, with even the  BBC's Today radio show picking it up [this Kat missed it, and his search engine ...

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Never too late! If you missed the IPKat last week ... from ipkitten.blogspot.com

Our good friend Alberto Bellan has been kept particularly busy in composing this weekly round-up (our eleventh) of blog posts which you may have missed if you were away last week. This is because, inclusive ...

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Dutch court refers questions to CJEU on e-lending and digital exhaustion, and another Dutch reference on digital resale may be just about to follow from ipkitten.blogspot.com

The Tom Kabinet portalA few days ago Future of Copyright reported that the Court of Appeal of The Hague has decided to seek guidance from the Court of Justice of the European Union (CJEU ...

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IP Publishers and Editors Lunch 2014 from ipkitten.blogspot.com

The IPKat can now confirm that we have all the necessary ingredients for the IP Publishers and Editors Lunch 2014. We have a date, Tuesday 25 November, at 12.30 pm to 2.30 pm ...

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Those European Courts: a Venn diagram from ipkitten.blogspot.com

Last month, "Court in the act: how many European Courts are there?"here, this Kat bemoaned the confusion caused by there being so many courts that have the word "European" in them. He has since ...

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Deadmau5 and the new Batmobile: is there any synergy? from ipkitten.blogspot.com

The BBC reports that Zack Snyder has tweeted the first official photo of the new Batmobile, which will be featuring, if not actually taking the star role, in the forthcoming movie which he is directing ...

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AIPPI Congress Report 3: Biosimilars - into the great unknown? from ipkitten.blogspot.com

The AmeriKat successfully keeping
herself awake yesterday morningAfter an ungodly early morning breakfast meeting yesterday morning, the AmeriKat dragged her paws to the second session of yesterday's Pharma Day sessions on the hot ...

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The hydra had multiple heads, but can a trade mark have multiple owners? from ipkitten.blogspot.com

One of the major unexplored areas of trade mark law and practice is the extent to which they employ the notion of legal fictions. This Kat has addressed this issue in the context of quality ...

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AIPPI Congress Report 1: A new era of IP collaboration and harmonization from ipkitten.blogspot.com

The AmeriKat's view of Toronto at this year's AIPPI Congress"What do you do?" asked the Canadian immigration official at Toronto's international airport.  "I'm an IP litigator", replied the Amerikat.  She ...

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Monday miscellany from ipkitten.blogspot.com

"Patent Value": tomorrow's dialogue.  The event co-hosted tomorrow by the IPKat and the IP Finance blog, in which Intellectual Asset Management editor Joff Wild and our blogging colleague Neil Wilkof discuss the impact of ...

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FDA Announces "Purple Book" from www.patentdocs.org

By Paul Tully -- The new phone book is here? No, but close. The Food and Drug Administration ("FDA") announced on Friday that it has published its first listing of approved biologic drugs. The list will ...

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Fallout from CAFC decision in Apple/VirnetX case from ipbiz.blogspot.com


In VirnetX to Vringo’s Lost Millions Show Patent Peril , Susan Decker noted that other patent licensing companies were impacted by the Virnetx/Apple CAFC decision of Sept. 16, 2014:


Other public companies that rely ...

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Congressman Frank Wolf asks US attorney to look into possible fraud at the US Patent Office from ipbiz.blogspot.com


In a post GOP congressman seeks criminal prosecution of patent office cheating , Lisa Rein wrote


“There must be a zero-tolerance policy for fraud and abuse,” Wolf wrote Monday (Sept. 15, 2014) to U.S. Attorney ...

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Survey on Fields-of-Study for Patent Practice from patentlyo.com

Stephen Mason and Austin Talley are conducting a survey of patent practitioners when the focus on: What technical subjects should undergraduate degree candidates considering patent law study? Take the survey here: https://www.surveymonkey.com ...

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Circumstantial Evidence of Direct Infringement Sufficient to Support Indirect Infringement Claim from docketreport.blogspot.com

The court denied plaintiff's renewed motion for judgment as a matter of law of noninfringement of defendant's network patent where defendant had no direct evidence of customer use of the infringing features in ...

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New Federal Circuit decision reminds prosecutors to pay attention to entire chain in claim to priority from allthingspros.blogspot.com


A new Federal Circuit decision, Medtronic Corevalve v Edwards Lifesciences, deals with priority claims and underscores the importance of making sure each application in the continuity chain has a proper reference to the entire chain ...

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CAFC discusses laches and equitable estoppel in SCA Hygiene from ipbiz.blogspot.com



The outcome of SCA Hygiene vs. First Baby Products


Accordingly, we affirm the district court’s grant of summary judgment
as to laches, reverse its grant of summary judgment
as to equitable estoppel, and remand ...

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Design Patents §103 – Obvious to Whom and As Compared to What? from patentlyo.com

Guest Post by Paul Morgan This is an increasing important and not fully resolved legal issue which should logically be addressed in the pending Fed. Cir. appeal of the nearly $1 billion infringement damages award ...

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Old And New Proposed At Top Of WIPO; Tied To Director’s Term from www.ip-watch.org

After months of consideration and an application process that attracted 360 applicants, the World Intellectual Property Organization secretariat has made public its proposed names for the top posts at the UN agency for the next ...

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MVS Filewrapper® Blog: Should Trade Secret Misappropriation be Federalized? from www.filewrapper.com

The legal community (along with bipartisan legislation) has been discussing the creation of a private cause of action under federal laws for trade secret misappropriation – or trade secret theft. In light increased cyber-espionage and the ...

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Sean Seymore on Utility from writtendescription.blogspot.com

In patent cases, the term “hindsight bias” refers to fact-finders’ tendency to use their knowledge of the invention at issue in their analysis of whether that invention would have been obvious. This error occurs when ...

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Guest Post: Pace of Wind Innovation Slows, But is Set to Skyrocket Again from www.greenpatentblog.com

Totaro & Associates, a Houston, TX based research and consulting firm has released a new research report on the pace of wind turbine technology innovation and proliferation. IP ownership rankings show General Electric still leading with ...

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