Patent & IP news for March 25, 2017

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Dan Brean and Bryan Clark: Casting Aspersions in Patent Trial from

There are two main bases for rectifying misconduct in a patent case. First, a prevailing patentee can collect treble damages from a willful infringer. Second, on the flip side, a prevailing patent infringement defendant can ...

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Kyle Bass loses challenge to MS drug Tecfidera on US Patent 8,399,514 in IPR2015-01993 from

Kyle Bass lost his attack on Biogen's MS drug Tecfidera.

The issue was one of obviousness, and the case turned on "unexpected" results.
Curiously, while the Board relied on the testimony of Biogen's ...

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TVIIM case at CAFC illustrates hazards of not contesting claim constructions from

The CAFC affirmed ND Cal and TVIIM lost:

TVIIM, LLC (“TVIIM”) sued McAfee, Inc. (“McAfee”)
in the United States District Court for the Northern
District of California for infringement of U.S. Patent No.
6 ...

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The end of the word is here: In re Alsabah from

The oral argument of the day is In re Alsabah.  I hope the appellant requests re-hearing in this rule 36 judgment.  The outcome seems inconsistent with the Federal Circuit’s statement in In re Smith ...

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USPTO Working Group on Regulatory Reform from

Under the direction of the White House, the USPTO has formed a “Working Group on Regulatory Reform.”  To implement the 2-for-1 regulatory agenda previously outlined on Patently-O. According to a release from Dir. Michelle Lee ...

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Patents as property rights — mining patents, that is from

The Federal Circuit issued a different kind of patent opinion last week — a decision relating to patents on mining claims.  Apparently, the patents that the US government issues for mining claims are considered property rights ...

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SCA Hygiene Products Bars Laches Defense During 6-Year Limitations Period from

Having previously observed that "the doctrine of laches likely bar[s] the plaintiff’s claims," the court denied defendant's motion for summary judgment on its laches defense in light of the Supreme Court's ...

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Patent Exhaustion Policy Tradeoffs in the Impression v. Lexmark Oral Argument from

Rather than grappling with the hard economic policy issues that patent exhaustion presents, the Justices were surprisingly quiet during Tuesday's oral argument in Impression v. Lexmark. I've previously discussed the Federal Circuit decision ...

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post image "What is this thing called love, this funny thing called love"? And while you're at it, what is a covenant not to sue? from

“…[W]hat is this thing called love, this funny thing called love”? (song by Cole Porter)

Some topics in IP attract more attention than they deserve, while others are underappreciated. Think about all the academic ...

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post image Around the blogs from

MARQUES Class 46 (trade marks)Spreading the word: EUIPO reaches out to OAPI
See the information below received by MARQUES, which “will probably not affect the immediate workload of our practitioner readers, but it does ...

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Supreme Court Preview -- TC Heartland LLC v. Kraft Foods Group Brands LLC from

By Andrew Williams -- Next week, on Monday March 27, the Supreme Court will hear oral arguments in the TC Heartland LLC v. Kraft Foods Group Brands LLC case. This case involves the interpretation of the ...

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Will Brexit Block The European Unitary Patent? from

European Patent Office President Benoît Battistelli today in Brussels expressed confidence that the first European Union unitary patent could be granted by the end of this year despite continued delays in the ratification process.But ...

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Mining Is The New Reading from

Representatives of the research and academic community applauded amendments by the rapporteur to the draft new European Union Copyright Directive in yet another hearing on the megaproject yesterday in Brussels. Especially welcomed was the rapporteur ...

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Supreme Court: useful articles such as clothing can include copyrightable elements from

A new Supreme Court decision helps to clarify the extent to which copyright law can protect design elements of a useful article, such as an article of clothing. The Copyright Act states that “useful articles ...

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