Patent & IP news for October 20, 2014

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post image Monday miscellany from

It is with sadness that the IPKat records the death of Peter Low. Peter, a European and UK patent attorney with Wilson, Gunn M'Caw till his retirement in 1997, has the unenviable record of ...

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post image Online enforcement "has a colour and a name": blocking injunctions - A closer look at the Cartier judgment from

Typical moment outside
the Rolls Building last Friday
As Jeremy announced with a breaking news post, last Friday Arnold J issued his 266-paragraph judgment in Cartier and Others v BskyB and Others, a case concerning ...

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Bechtold & Tucker on Trademarks & Google AdWords from

How does using a third party's trademark as a keyword to trigger Google ads affect consumer behavior? In Trademarks, Triggers, and Online Search (forthcoming in the Journal of Empirical Legal Studies), Stefan Bechtold (ETH ...

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Asserted Claims Reduced From Nearly 800 to 32 Prior to Claim Construction from

The court granted defendant's motion to limit the number of asserted claims from nearly 800 to the limits under the Federal Circuit Advisory Committee Model Order (first 32, then 16 claims) before claim construction ...

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USTR’s Investigations On IP Rights Against India: Is There A Tenable Case? from

On 14th October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years ...

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post image The Vast Middle Ground of Hybrid Functional Claim Elements from

by Dennis Crouch In Robert Bosch v. Snap-On (Fed. Cir. 2014), the Federal Circuit has held that two different claim elements “lack sufficiently definite structure” that must be interpreted under 35 U.S.C. 112 ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Tris Pharma Inc. v. Actavis Laboratories FL Inc. et al. 1:14-cv-01309; filed October 15, 2014 ...

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Conference & CLE Calendar from

October 21, 2014 - "Recent Judicial Decisions Impacting Technology Licensing" (McDonnell Boehnen Hulbert & Berghoff LLP) - 10:00 to 11:15 am (CT) October 21, 2014 - "Patent Reissue: Strategic Use for Pre- and Post-AIA -- Correcting Errors in ...

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DNJ: Zydus Pharmaceuticals's ANDA to sell a version of Prevacid does not infringe on Takeda’s patents from

No infringement of Takeda patent

There had been an issue about the claim element: “fine granules having an average particle diameter of 400 microns or less.”

Foley had discussed the CAFC decision:

The Federal Circuit ...

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Bloomberg post: "a strong preference by the Supreme Court to tell the Federal Circuit that it should stop thinking of itself as Lord of the Patents" from

The Bloomberg post Ready for a Patented Supreme Court Smackdown? echos the conventional wisdom that the Supreme Court took Teva v. Sandoz to take the CAFC behind the woodshed:

Last year’s patent decisions revealed ...

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post image The most widespread misconceptions about the Oracle-Google Android-Java copyright dispute from

After Google's recent--and expected (this blog was first to report that it was coming)--petition to the Supreme Court of the United States for writ of certiorari (i.e., for a review of the ...

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Internet giants urge Federal Circuit to ensure file downloads can't be prohibited by the ITC from

Less than week after I said I found myself in agreement with Google on many issues (software copyright being the key exception), there's a new cause on which I concur with them. While I ...

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MVS Filewrapper® Blog: Is the Supreme Court Re-Aiming Markman? from

Post by Alex Christian

The 1996 United States Supreme Court decision in Markman v. Westview Instruments established a landmark change for claim construction in patent infringement cases.  That case established that the meaning of the ...

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post image Pressing Matters: Inserting Indow Windows for Energy Efficiency from

Indow Windows (Indow) is a Portland, Oregon, company that has developed energy efficient window inserts. Indow owns at least one U.S. Patent and a pending patent application covering its storm window technology.  U.S ...

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