Patent & IP news for July 26, 2017

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Recent Patent & IP Blogs

Defendant Did Not Waive Venue Objection by Failing to Contest Venue Prior to TC Heartland​ from

Following the Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017), the court granted defendant's motion to amend its answer to contest venue and rejected ...

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post image Book Review: Common Innovation from

An emerging theme in economics of innovation is the recognition that our standard definition of innovation is restrictive and generally ignores innovation occurring outside the boundaries of businesses. Author G.M. Peter Swann seeks to ...

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post image EPO takes an ‘about turn’ on the patentability of products obtained by essentially biological processes from

The IPKat faces down Broccoli At the end of June the EPO published a notice (see here) stating from 1 July 2017 plants and animals exclusively obtained by means of an essentially biological process will ...

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CAFC vacates PTAB decisions in Netlist v. Diablo from

Of note in the Netlist case

Netlist argues the Board’s constructions are wrong
because its analysis is based on a flawed interpretation of
“selectively electrically coupling.” We agree. The specification
uses the terms “coupling ...

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CAFC explicates the meaning of the word "over" in Home Semiconductor. PTAB reversed. from

In Home Semiconductor v, Samsung, appellant Home won a reversal of PTAB:

Home Semiconductor Corp. (“Home”) appeals from the
final written decision of the United States Patent and
Trademark Office Patent Trial and Appeal Board ...

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False Narrative Credibility For Sale? from

In the wake of yet another “academic” pushing a false narrative without proper facts, comes a story about Google attempting to influence academic publishing through payments of as much as $400,000 USD per article ...

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Why Fair Dealing Is Not Destroying Canada Publishing from

For the past few years, publishers around the world have engaged in a sustained campaign to hold up Canada as proof that making fair dealing more flexible for education will hurt publishers. Those efforts rarely ...

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Defendant’s Repeated Discovery Abuse and Delay Tactics Warrant Terminating Sanctions, Treble Damages, Attorney Fees and Permanent Injunction from

​ The court granted plaintiff's motion for terminating sanctions, including treble damages, attorney fees, and an injunction, for defendant's repeated disregard of court orders. "[Defendant] refused to produce documents relevant to the design, manufacture ...

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US, European Views On IP Management And Digital Business from

Data-driven technologies are enabling the expansion of trade and data flows around the world. We have disruptive smart products, smart industrial processes, smart clouds and smart services. Traditional industries such as pharmaceuticals, chemical and mechanical ...

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PTAB Life Sciences Report from

By John Cravero -- About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Pfizer, Inc. v. Biogen, Inc. PTAB Petition: IPR2017-01115; filed March 24, 2017 ...

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NPEs Under Fire for Attorney Fees from

A few of recent cases of interest to patent owners deal with attorney’s fees under 35 USC § 285. First, Rothschild Connected Devices is notable because the CAFC instructed the trial court to order payment ...

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Public-interest statements by Apple, Intel, CCIA and ACT oppose Qualcomm's ITC complaint from

Earlier this month, Qualcomm filed an ITC complaint in pursuit of a U.S. import ban against Apple's iPhones (except for iPhones coming with a Qualcomm baseband chipset). Last week, Apple, Intel and two ...

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BofA, JPMChase <span class="amp">&amp;</span> Morgan Stanley are top banks for patent&nbsp;loans from

Bank of America, JP Morgan Chase and Morgan Stanley are the currently leaders in patent-based lending, according to a recent update of a 2015 study. Relecura, Inc., a California patent research and analysis company, reports ...

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News from Abroad -- Lilly v Actavis -- Supreme Court Introduces a Doctrine of Equivalents in the&nbsp;UK from

The UK Supreme Court's judgment in Lilly v Actavis has profound implications for the scope of protection provided by patent claims in the UK. The judgment moves away from the principle that the patentee ...

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