Patent & IP news for October 18, 2017

AIPPI Congress Report 9: The middleman - intermediary liability from ipkitten.blogspot.com

The only intermediary blocking the IPKat is interested
 in complying with is that of your computer screenOn Monday, AusKat AIPPI reporter Clare Cunliffe attended the AIPPI World Congress panel session on “The middleman – intermediary ...

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AIPPI Congress Report 11: What's the (technical) problem? from ipkitten.blogspot.com

Said every alleged infringer everywhere...The identification of the technical problem is an important aspect of European patent practice.  In this panel discussion on the final day of the AIPPI World Congress in Sydney, practitioners ...

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BGH gifts shape mark owners sweet victories from ipkitten.blogspot.com

lozenge shape mark at issueThe German Federal Court of Justice once again confirmed its reputation for being the most shape mark friendly court in Europe. In four decisions of 18 October 2017, it overturned ...

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AIPPI Congress Report 10: Digital Health from ipkitten.blogspot.com

The AmeriKat facing her own digit-al health 
issues...In an invigorating panel discussion featuring experts from Australia, the US and Japan, the fourth and final pharma session of the AIPPI World Congress explored the IP ...

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Are Patents Monopolies? It Depends on the Relevant Century from patentlyo.com

Guest Post by Charles Duan of Public Knowledge The question of whether patents are monopolies is one of ongoing debate. But an important aspect of that debate is the correct meaning of the word “monopoly ...

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New episode of copyright mini-series 'The Game is on!' from ipkitten.blogspot.com

Keen IPKat readers will know that The IPKat was born out of a wish to support and emulate the teaching and learning of intellectual property law, including copyright law. Week in week out, its team ...

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EU To Get Rid Of Big Pharma-Friendly SPCs from www.ip-watch.org

Extended monopoly protection by the Regulation EC 469/2009 concerning the supplementary protection certificate (SPC) mechanism for medicinal products has led to spiralling prices in Europe for lifesaving medicines, while exhausting the national budgets and ...

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Standards, patents and competition law conference from ipkitten.blogspot.com

The friends at Informa wish to let IPKat readers know that their annual conference on Standards, Patents and Competition law returns to London on 6 and 7 December to discuss the latest developments in law ...

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In US, New Legal Ploy May Protect Bad Patents from www.ip-watch.org

It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug ...

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Allowing Amendments in AIA Trials from patentlyo.com

Prolitec v. Scentair Tech (Fed. Cir. 2017) [ProlitecDecision] In a one paragraph en banc order, the Federal Circuit has vacated the panel’s decision here and remanded to allow claim amendments. The court writes: In ...

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Post-Verdict Ongoing Infringement Justifies Enhanced Damages Despite Interim PTAB Decision of Unpatentability from docketreport.blogspot.com

Following a jury trial, appeal, and retrial, the court granted in part plaintiff's motion for enhanced damages and enhanced the jury's verdict by 50% because defendant's lack of a good faith belief ...

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Concern That Automatic Stay of FDA Approval Incentivizes Frivolous ANDA Cases Does Not Justify Award of Attorney Fees as Deterrent from docketreport.blogspot.com

Following summary judgment of noninfringement, the court denied defendants' motion for attorney fees under 35 U.S.C. § 285 and rejected defendants' argument that deterrence was necessary to protect other generic drug manufacturers. "[Defendant] contends ...

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Judge Linn's dissent in Smart Systems; asserting majority engaging in "reductionist exercise" from ipbiz.blogspot.com


Judge Linn's dissent in Smart Systems begins:


The court once again concludes that the judicially crafted “abstract idea” exception to patent eligibility now renders invalid the asserted claims of four U.S. patents covering ...

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CAFC affirms ITC in Cisco/Arista matter from ipbiz.blogspot.com


From the case


Cisco argues that inferring is a form of detection, and therefore Arista’s products infringe. The Commission, however, had before it evidence that showed that the accused functionality, ProcMgr, has no access ...

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Presenting at Braintree Business Incubator on IP Law for Business and Entrepreneurs – November 15, 2017. from anticipatethis.wordpress.com

PATENTLY GOOD IDEAS: INTELLECTUAL PROPERTY LAW FOR ENTREPRENEURS Every business has intellectual property (IP), in one form or another. Protecting IP is important, but it can also be expensive. With startups especially, every dollar matters ...

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Abstract Ideas: The Turnstile Keeps Spinning from patentlyo.com

by Dennis Crouch Smart Sys. Innovations v. Chicago Transit Authority (Fed. Cir. 2017) In a split opinion, the Federal Circuit has affirmed the district court’s judgment on the pleadings – R. 12(c) – that the ...

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