Patent & IP news for December 7, 2016

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What it takes to Prove a Motivation to Combine from

by Dennis Crouch In re NuVasive (Fed. Cir. 2016) In an important obviousness decision, the Federal Circuit has reversed the PTAB IPR decision – holding that the PTAB failed to sufficiently explain its ruling that a ...

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post image Federal Circuit Relies on Non-Claim Construction Language in Markman Order in Affirming Summary Judgment of Non-Infringement from

Impulse Tech. Ltd. v. Microsoft Corp. (Fed. Cir. Dec. 7, 2016) (nonprecedential)

This case concerned the construction of the term "defined physical space" in a patent directed to the use of three-dimensional motion tracking for ...

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CAFC vacates PTAB obviousness decision in Nuvasive [IPR2013- 00506. ]. A lack of articulation. from

The conclusion of Nuvasive reads:

We have considered the parties’ remaining arguments
and find them unpersuasive. For these reasons, the Final
Written Decision of the U.S. Patent and Trademark
Office’s Patent and Trial ...

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UNAIDS Board Considers Recommendations On Access To Medicines from

The Board of the Joint United Nations Programme on HIV/AIDS (UNAIDS) this week is considering a report calling for the 11 cosponsor agencies of the programme to follow the recommendations of the UN Secretary ...

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post image Know No Truth: Federal Circuit Reversal of Hearsay Ruling Saves Biofuel Patent from

REG Synthetic Fuels, LLC (REG) owns U.S. Patent No. 8,231,804, entitled “Even carbon number paraffin composition and method of manufacturing same” (‘804 Patent). The ‘804 Patent is directed to paraffin compositions containing ...

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Recusal from

If you were curious about the two-judge decision in Impulse Technology Ltd. v. Microsoft Corporation decided today, it appears that the Federal Circuit judge that recused herself was Judge Moore.  From listening to the initial ...

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Oral argument in CRISPR interference on December 6, 2016 from

The Scientist discussed the hearing of December 6, 2016 in the CRISPR interference battle.

Jeff Akst wrote

Just after 10:00 a.m., three USPTO judges entered and took their seats in front of the ...

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Enfish is Not an Intervening Change of Law Sufficient to Amend Judgment of Invalidity Under 35 U.S.C. § 101 from

The court denied plaintiff's motion to amend an earlier judgment that the asserted claims of plaintiff's GPS patent were invalid for lack of patentable subject matter and rejected plaintiff's argument that Enfish ...

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post image PPDs and standard disclosure - can you have your cake and eat it? from

In the post-Brexit referendum world, is anyone else suffering from fatigue concerning the English proverb regarding the consumption of cake?  This was even before a long lens photographer caught handwritten notes from a conservative MP ...

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Guest Post -- The Emergent Microbiome: A Revolution for the Life Sciences -- Part IX, The Microbiome and Immunotherapy II from

By David Puleo* and Anthony D. Sabatelli** -- Given that the majority of the human microbiome is found in the gut, it is not surprising that most microbiome-based therapeutic approaches have been used to treat gastrointestinal ...

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They Invented What? (No. 11) from

Originally posted on Anticipate This!™ | Patent and Trademark Law Blog:
U.S. Pat. No. 6,004,596:  Sealed crustless sandwich.   Abstract: A sealed crustless sandwich for providing a convenient sandwich without an outer crust which ...

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Supreme Court agrees with Samsung: Federal Circuit got design patent damages ($399 million for Apple) wrong from

It has taken the Supreme Court of the United States less than two months since a mid-October hearing and less than ten pages (counting only the opinion per se, not the two-page syllabus) to determine ...

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Samsung v. Apple: Drilling Down on the Profit Calculations from

The Supreme Court unanimously ruled in Samsung v. Apple today. The opinion was short and straightforward: an article of manufacture under 35 USC 289 (allowing all the profits for an infringing article of manufacture as ...

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Announcing the 9th Annual Canada’s IP Writing Challenge from

The Intellectual Property Institute of Canada (IPIC) and IP Osgoode are delighted to announce our 2017 Canadian writing challenge in intellectual property law. Our goal is to further enhance thoughtful and well-researched intellectual property public ...

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