Patent & IP news for March 30, 2016

Dell v. Acceleron – Fed Cir Says PTAB Wrong to Cancel Claim Based on Factual Assertion First Raised at IPR Final Oral Hearing from dunlapcodding.com

Now that inter partes review (IPR) has been around for a few years, more and more IPR decisions are making their way to the Court of Appeals for the Federal Circuit (the “Fed Cir”). Ann ...

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Disgorgement of infringer's profits in Apple v. Samsung and Oracle v. Google: apportionment is key from www.fosspatents.com

At times I wish I knew everything about the cases I follow as the litigators working on them, but it's possible that at times they wish they had the liberty to be as consistent ...

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The impact of higher patent licensing hurdles may not be fully understood from ipcloseup.wordpress.com

Most patent holders would agree that licensing patents for revenue has gone from bad to awful — from difficult less than a decade ago, to virtually impossible today.*  Determining if the courts and lawmakers have facilitated ...

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Synthetic Biology: Is Scientific Progress Outrunning Normative Process? Case of the CBD from www.ip-watch.org

A research group announced in March that it has designed the first minimal synthetic bacterial cell. Rapid advances in science seem to be leaving the international normative process lagging behind. Current international instruments are seeking ...

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Cash Access Patent Invalid Under 35 U.S.C. § 101 Despite PTAB’s Prior Denial of CBM Review from docketreport.blogspot.com

The court granted defendants' motion to dismiss because the asserted claims of plaintiff’s cash access patent encompassed unpatentable subject matter even though the PTAB denied defendants' petition for CBM review on the same ground ...

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Updated Federal Circuit Rules of Practice from www.717madisonplace.com

From the Federal Circuit web site (last accessed 3/30/2016): NOTICE OF FINAL RULE CHANGE – FEDERAL CIRCUIT RULES OF PRACTICE 2016 2016-03-29 21:39 The United States Court of Appeals for the Federal Circuit ...

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CJEU on taser, ahm, tacit prorogation of jurisdiction from ipkitten.blogspot.com

This judgment of 17 March 2016 concerning a referral from Romania concerns primarily civil procedural law, but since it has arisen in the context of a trade mark assignment agreement, is worth reporting here.
The ...

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India, EU Leaders Touch On IPR, Innovation, ICTs, Pharmaceuticals from www.ip-watch.org

The leaders of India and the European Council today in Brussels discussed a wide range of topics including intellectual property rights - including geographical indications - innovation, digital issues, and health and pharmaceuticals.

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Nominate an inventor for the National Medal of Technology and Innovation from www.717madisonplace.com

The deadline is quickly approaching for nominating inventors for the National Medal of Technology and Innovation. If you are without a nominee and disillusioned by the Supreme Court’s patent eligibility test, I would have ...

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US Tech Industry Associations Endorse TPP from www.ip-watch.org

A number of internet and software industry in the United States have come out in support of the Trans-Pacific Partnership (TPP) negotiated by the Office of the US Trade Representative (USTR) last year.

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Cuozzo v. Lee: The Problem of Standing from patentlyo.com

The AIA-Trial claim construction issue is important and many of us would like to see the Supreme Court address it in Cuozzo. However, there is one legal matter that has been an elephant-in-the-room since the ...

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