Patent & IP news for April 24, 2014

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Failure to Establish Comparability of Prior Settlement Agreements Warrants Exclusion of Reasonable Royalty Opinion from

The court granted defendant's motion in limine to exclude the opinions of plaintiff's reasonable royalty expert because the expert based his opinion on an arbitrary baseline rate. "[Plaintiff's expert] does not even ...

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One Year On At The Medicines Patent Pool: Interview With Greg Perry from

Greg Perry has been executive director of the Medicines Patent Pool (MPP) for over a year now, since January 2013. Under his guidance, MPP shares that it has launched a “series of new licensing agreements ...

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Court Report - Part II from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Helsinn Healthcare S.A. et al. v. Cipla Ltd. et al. 1:14-cv-00427; filed April 7 ...

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Schlumberger/Acacia matter illustrates (former) employee/trade secret/patent issue from

From within the article Patent "trolls" worry energy sector

The controversy first began last year when Schlumberger's deputy general counsel for intellectual property, Charlotte Rutherford, left to take a job as senior vice president ...

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Valeant goes after Allergan from

An article in the Toronto Star titled Patents drive blockbuster deals in drug industry
discusses the $45 billion (U.S.) joint offer of Valeant with U.S. activist investor Bill Ackman for Botox maker Allergan ...

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Reply Brief in Limelight v. Akamai from

Limelight has filed its Reply Brief in the Supreme Court case of Limelight v. Akamai.  This case deals with the issue of divided infringement.  The oral argument is slated for next Wednesday. You can read ...

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USPTO Proposed Rules for Transparency of Patent Ownership from

In January 2014, the USPTO published proposed rules to increase the transparency of patent ownership information for patent applications and issued patents, which the USPTO termed “attributable ownership proposed rules” as a shorthand title. You ...

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NJ District Courts Hold Defendants’ Feet to the Fire on Patent Contentions from

We previously reported that plaintiffs need to diligently seek to amend their infringement contentions to include accused instrumentalities identified during discovery or risk preclusion. That premise applies equally to defendants. This week in Nippon Steel ...

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ITC Issues Final Determination Of Violation and Issues Remedial Orders In Certain Optoelectronic Devices for Fiber Optic Communications (337-TA-860) from

On April 17, 2014, the International Trade Commission (the “Commission”) issued a notice in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-860).  In the notice, the ...

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ALJ Lord Designates Investigation “More Complicated” And Sets Procedural Schedule For Motion For Temporary Relief In Certain Sulfentrazone (337-TA-914) from

On April 22, 2014, ALJ Dee Lord issued Order No. 6 in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone (Inv. No. 337-TA-914). By way of background, this investigation is based on a March ...

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MVS Filewrapper® Blog: The Ongoing Battle of Copyright Protection and Pre-1972 Sound Recordings from

Federal Copyright Law generally protects works that are fixed in a tangible medium from unauthorized use, including copying, performance, exhibition, and broadcasting.  However, sound recordings from before 1972 are treated uniquely under the law—a ...

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Four Opinions Defining “a Patient” and Is a Natural Phenomena an Act of God? from

By Dennis Crouch Braintree Labs v Novel Labs (Fed. Cir. 2014) I see this case as highlighting the most critical and problematic problem with our patent system – that patent claim scope is intentionally ambiguous and ...

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Guest Post: New Patent on Investment Vehicle Could Impact Renewable Project Developers from

A recently issued patent could make the use of master limited partnerships (MLPs) more difficult in wind projects without a license or reliance on the patent owner to provide software / services to enable transactions. Entitled ...

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May 7 hearing at Federal Patent Court of Germany critical for Google's Motorola: injunction looms large from

While Motorola Solutions (the non-handset part of the former Motorola) has taken an Android- and Chrome-related patent license from Microsoft, Google's (and soon Lenovo's) Motorola Mobility has not. In my post on the ...

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