Patent & IP news for March 24, 2015

Patent Litigations

USPTO Weekly Stats

7,638
published
appl'ns
6,816
granted
patents
64
ptab
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Patent & IP Blogs

post image Late references to prior art: how to reach a sensible solution from patlit.blogspot.com

VPG Systems UK Ltd v Air-Weigh Europe Ltd was an extempore ruling of Judge Hacon yesterday, sitting in the Intellectual Property Enterprise Court (IPEC), England and Wales. It will never hit the law reports, but ...

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post image The CJEU Hyperlinks Trilogy: Part III, C-279/13 C More Entertainment from ipkitten.blogspot.com

For those wondering why buses come in threes, the same could be said of CJEU copyright rulings on hyperlinks. 2014 saw the first two rulings with Case C-466/12 Svensson [multiple previous Katposts including here ...

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post image As Loginov gets logged out, a Kat mewses: are the new gTLDs a friend or foe? from ipkitten.blogspot.com

Readers are again treated today to the thoughts of our very own emeritus Kat, Catherine Lee, who has been taking a look at some of the less enjoyable aspects of the new generic top-level domains ...

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post image Impulse trade mark registration: no sweat, as AG gives his view from ipkitten.blogspot.com

The Opinion of Advocate General Wahl was published today in Case C‑125/14 Iron & Smith Kft v Unilever NV, a request for a preliminary ruling by the Court of Justice of the European Union ...

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The Tyranny of the Judiciary from www.patentdocs.org

By Kevin E. Noonan -- There has always been a tension between the need for a final arbiter of the law and the inherent power associated with such a role placed in the judicial branch. Jefferson ...

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This week's EPO Administrative Council meeting: revolution unlikely, progress badly needed from www.fosspatents.com

The Administrative Council of the European Patent Organisation, which operates the European Patent Office, still has to decide what to do about the (de facto) suspension of an internal judge (a member of a board ...

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Greg Stobbs at SXSW from ipbiz.blogspot.com

ExtremeTech mentioned statements of Stobbs:

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In a session that was part of this year’s SXSW Intellectual Property track, Greg Stobbs, an IP attorney with long experience in software patents and emerging technology, discussed a ...

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Apple's US patent 8,990,598 on power management from ipbiz.blogspot.com

The first claim of US '598:

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1. A method affecting a power state transition at a computer having a plurality of component devices, the method comprising: at a power manager of the computer: receiving an ...

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US patent 8,989,922 on a modular drone from ipbiz.blogspot.com

The first claim of US '922:

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1. A drone comprising: a navigation unit configured to determine the location of the drone and navigate the drone to designated locations within a warehouse, wherein the designated locations ...

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Long Term Trends in IP Litigation from writtendescription.blogspot.com

Matthew Sag has posted IP Litigation in United States District Courts: 1994 to 2014 (forthcoming Iowa L. Rev.) on SSRN. The article takes a thirty year look at IP litigation in the district courts:
This ...

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Yeast/biofuel advance at UTexas/Austin from ipbiz.blogspot.com

From phys.org:

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Beyond biofuels, the new yeast strain could be used in biochemical production to produce oleochemicals, chemicals traditionally derived from plant and animal fats and petroleum, which are used to make a variety ...

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“IP Finance 2015″ will examine IP assets, transactions and challenges from ipcloseup.wordpress.com

IP Finance 2015, “Innovative Ways to Manage IP Assets for Maximum Return,” will bring together in New York on May 14 leaders in patent licensing and transactions, including those who fund them.  Following a successful ...

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Failure to Include Known Prior Art and Arguments in IPR Petition Justifies Denial of Subsequent Petition from docketreport.blogspot.com

"[The petitioner] does not show that we misapplied § 325(d) in assessing whether 'the same or substantially the same prior art or arguments' were raised in the first and second petitions. . . . Our authority is grounded ...

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Patent On Conventional Plant Dismissed For Lack Of Novelty, Firm Says from www.ip-watch.org

The District Court of The Hague (Netherlands) ruled last week that a patent for red radish plants is invalid for lack of novelty but did not rule on the fact that the particular plant was ...

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Conopco at PTAB: 'follow-on' second petitions in order to 'correct deficiencies noted' by the Board in decisions that deny a first petition from ipbiz.blogspot.com


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"[The petitioner] does not show that we misapplied § 325(d) in assessing whether 'the same or substantially the same prior art or arguments' were raised in the first and second petitions. . . . Our authority is grounded ...

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Clean Tech in Court: Green Patent Complaint Update from www.greenpatentblog.com

In January and February, there were a number of green patent infringement lawsuits filed in the areas of biofuels, hybrid vehicles, LEDs, smart grid, advanced batteries, solar power, and water meters. Advanced Batteries BASF Corporation ...

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Can one copyright a tatoo? from ipbiz.blogspot.com



Note the law review article titled: CREATIVE EXPRESSION AND THE HUMAN CANVAS: AN EXAMINATION OF TATTOOS AS A COPYRIGHTABLE ART FORM, 2013 U. Ill. L. Rev. 279.

The conclusion by David M. Cummings:



"It is ...

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Reasons for denial of IPRs: insufficient evidence, insufficient reasoning, and failure to timely file the petition from ipbiz.blogspot.com


Note the law review article THREE HUNDRED NOS: AN EMPIRICAL ANALYSIS OF THE FIRST 300+ DENIALS OF INSTITUTION FOR INTER PARTES AND COVERED BUSINESS METHOD PATENT REVIEWS PRIOR TO IN RE CUOZZO SPEED TECHNOLOGIES, LLC ...

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Supreme Court: TTAB Decisions Create Issue Preclusion for Later Litigation from patentlyo.com

by Dennis Crouch In B&B; Hardware v. Hargis Indus. (2015), the U.S. Supreme Court involved a trademark opposition running in parallel with a trademark infringement lawsuit over the mark SEALTITE/SEALTIGHT.  The general ...

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Robert Nelsen and Hans Bishop suggest compromise in patent reform as to fee-shifting from ipbiz.blogspot.com



The idea for a compromise on "fee-shifting" from Nelson and Bishop:

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Some of the most onerous provisions of the bill–paradoxically called the Innovation Act–would create a system in which startups would need to ...

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James Weifu Lee obtains US 8,986,963 titled Designer calvin-cycle-channeled production of butanol and related higher alcohols from ipbiz.blogspot.com


The text of the first claim:

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1. A method for photobiological production of butanol and related higher alcohols comprising: introducing a transgenic photosynthetic organism into a photobiological reactor system, the transgenic photosynthetic organism comprising transgenes ...

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Nicholas Eckelberry obtains US patent 8,986,531 from ipbiz.blogspot.com

The abstract states:

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A system includes an ionic exchange conduit through which a flow of photosynthetic biomass is drawn capturing an electrical charge which is used to alternately power a photonic activated reservoir housing a ...

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