Patent & IP news for February 9, 2016

Patent Litigations

USPTO Weekly Stats

8,163
published
appl'ns
5,373
granted
patents
64
ptab
decisions

Patent & IP Blogs

post image Rosebud loses appeal in Adobe case; CAFC explicates pre-grant damages under 35 USC 154(d) from ipbiz.blogspot.com



The outcome



Rosebud LMS Inc. appeals from the district court’s
grant of summary judgment that Adobe Systems Inc. was
not liable for pre-issuance damages under 35 U.S.C.
§ 154(d) because it had ...

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post image Keeping the Aisles Clear: Envision’s Parking Lot Solar Chargers Got Tracking! from www.greenpatentblog.com

Envision Solar (Envision) is a San Diego-based company that makes solar parking structures that can be used to charge electric vehicles, support outdoor digital advertising, and enhance energy security.  What makes Envision’s products unique ...

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More Cool Lab Experiments on Creativity by Bechtold, Buccafusco & Sprigman from writtendescription.blogspot.com

As Chris Sprigman explained in a 2011 Jotwell post, laboratory experiments are largely missing from the legal academy, but they shouldn't be. Experiments can be used to test theories and tease apart effects that ...

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Avid Technology, Inc. v. Harmonic, Inc. (Fed. Cir. 2016) from www.patentdocs.org

Lesson for Defendant-Appellee's: Provide Responsive Arguments on Appeal By Joseph Herndon -- On January 29, 2016, the Federal Circuit issued an Opinion in Avid Technology, Inc. v. Harmonic, Inc. in which the judgment of the ...

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2016: UPOV Works To Improve Breeders’ Applications, Civil Society Calls For Alternative System from www.ip-watch.org

The Geneva-based International Convention for the Protection of New Varieties of Plants (UPOV) provides intellectual property rights protection for plant breeders. In 2016, the organisation is planning to work on systems to facilitate breeders’ applications ...

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NPE Plaintiff’s Communications With Inventors Prior to Acquiring Patent Rights Not Subject to Common Interest Privilege from docketreport.blogspot.com

The court granted defendant's motion to compel communications between an NPE plaintiff and its counsel that plaintiff disclosed to the named inventors before plaintiff acquired the exclusive option to purchase the patent-in-suit and rejected ...

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Cloud Computing Patent Invalid Under 35 U.S.C. § 101 from docketreport.blogspot.com

The magistrate judge recommended granting in part defendants' motion to dismiss because certain asserted claims of plaintiff’s cloud computing patent encompassed unpatentable subject matter and found that the claims were directed toward an abstract ...

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Website Digital Labelling Patents Not Invalid Under 35 U.S.C. § 101 from docketreport.blogspot.com

The magistrate judge recommended denying defendant's motion for summary judgment that plaintiff's website digital labelling patents were invalid for lack of patentable subject matter and found that the claims were not directed toward ...

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Plant Treaty In 2016: Sustainability Solutions, Farmers’ Rights, Global Information System from www.ip-watch.org

The International Plant Treaty, which established a global system to make available genetic materials for main agricultural crops for farmers, plant breeders and scientists, and in exchange provide a system of benefit sharing, has been ...

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Pre-Issuance Damages under Section 254(d) from patentlyo.com

Rosebud LMS v. Adobe Systems (Fed. Cir. 2015) In one of its first interpretation of the pre-issuances damages statute, 35 U.S.C. § 154(d), the Federal Circuit has affirmed that “actual notice of the ...

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Dear Supreme Court: Does Joint Enterprise Liability Theory Apply to Direct Patent Infringement from patentlyo.com

My starting point for thinking about patent infringement begins with the recognition that the corporate defendants held liable for patent infringement ordinarily do not themselves make or use the patented invention.  Rather, in most cases ...

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PTAB instituted IPRs are flat after declining slightly in 2015 from ipcloseup.wordpress.com

After declining 9% in 2015 from the 2014 fiscal year Patent Trial and Appeal Board-instituted inter partes reviews (IPRs) have leveled off. Instituted reviews were at 74% in 2014, went to 65% in 2015 and ...

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Performer Lady Gaga Defends Internet Domain from www.ip-watch.org

Well-known performer Lady Gaga successfully gained ownership of a web address in the name of her foundation, according to a World Intellectual Property Organization document released today. The domain, ladygagafoundation.com, was the subject of ...

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Trade secret case in ED Pa involving scientists at GSK from ipbiz.blogspot.com



The GSK technology that was involved:


The biopharmaceutical products being developed by GSK were designed to fight cancer and other serious diseases. One product under development was a monoclonal antibody (“mAB”) designed to link to ...

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Timothy Lee's post in The Hill wrong on the facts from ipbiz.blogspot.com

In a post on the Hill on 8 Feb., Timothy Lee wrote of those opposing Goodlatte's Innovation Act: And conspicuously, opponents never seem to cite actual legislative text or verifiable data in support of ...

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USPTO’s Patent Eligibility Guidance Page Updated from www.717madisonplace.com

FYI, it appears that the USPTO’s patent eligibility guidance page was updated today with this material: Abstract Idea Workshop II Materials (For use with the July 2015 Update Appendix 1:  Examples - July 30, 2015 ...

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Celltrion's Proposed REMICADE® Biosimilar Recommended for Approval from www.patentdocs.org

By Andrew Williams -- Earlier today, the FDA's Arthritis Advisory Committee recommended approval of biologics license application ("BLA") 125544 submitted by Celltrion, Inc. for CT-P13, a proposed biosimilar to Janssen Biotech Inc.'s REMICADE (infliximab ...

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