Patent & IP news for August 16, 2012

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post image Isolated from

In the long-running Myriad case, a split (2-1) CAFC panel (2010-1406) opined that a method for isolating a DNA sequence was not patentable, but that isolated DNA was. A confused Judge Bryson dissented with the ...

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post image Judgments to Look Forward to... from

Thankfully i) only six weeks until the beginning of the UK Supreme Court Michaelmas term, ii) only three weeks before the European Court of Justice gets back to work after the summer break and iii ...

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post image Featured Study: Improve Your TV Viewing Experience! from

Technology is constantly moving forward and the developments in the audio and visual fields are sometimes astronomical and very obvious. Other times, there may be minute changes that help improve users’ overall experience with products ...

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Logical Conclusion?: Claimed Open-Ended Ranges Lack Enablement from

By Dennis Crouch Magsil Corp. and MIT v. Hitachi (Fed. Cir. 2012) In a unanimous opinion, the Federal Circuit has affirmed a district court summary judgment holding that the asserted claims of MIT's patent ...

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Olympic Gymnastics Parody and the 2 Live Crew from

Given the fact that the IOC is notoriously litigious, are the WSJ and the Guardian in trouble for their little vignettes? Nah -thanks to the 2 Live Crew. Parody is a defense that falls under ...

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From the archive: Remembering the human side of lawyering from

I recently found an article I wrote for the law school newspaper (Judicial Notice) upon my graduation 15 years ago in 1997.  It still rings rather true — while on a day-to-day basis I deal with ...

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The market in copyrighted images from

Excited about billion dollar patent sales? How about a copyright valuation at $3.3 billion? That is what the Carlyle Group is paying to buy Getty Image. And just what are they buying? As the ...

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AMP v. USPTO -- Federal Circuit Confirms Patent Eligibility of Isolated DNA from

In a decision that substantially reiterates its prior opinion, the Federal Circuit decided today in Association for Molecular Pathology v. U.S. Patent and Trademark Office (the Myriad case) that, the Supreme Court's decision ...

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Gene Patent Debate Continues: Federal Circuit Finds Isolated Human Genes Patentable from

By Dennis Crouch Association for Molecular Pathology (AMP) and ACL v. USPTO and Myriad Genetics (Fed. Cir. 2012) On remand from the Supreme Court (GVR), a three-member panel of the Court of Appeals for the ...

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Got an Idea as Big as Texas? from

The USPTO’s mission is empowering U.S. innovators to protect great ideas with patents and trademarks. The small business and independent inventor community is responsible for many of those great ideas, and we know ...

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Appointment of Lead Defendant to “Brief and Argue” Claim Construction on Behalf of All Consolidated Defendants does not Violate Due Process from

The court overruled defendant's objections to the court's scheduling order, which required appointment of a "lead defendant for briefing and argument" of claim construction, and rejected defendant's claim that the order violated ...

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Federal Circuit Holds Isolated Genes to be Patentable Subject Matter – Again from

I honestly had to check the date on this opinion because it is so similar to the earlier–now vacated–decision from July 2011.  Despite the Supreme Court’s admonition to reconsider its holding in ...

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Nokia's patent enforcement campaign off to a good start: first hearing on German RIM lawsuit from

In early May, Nokia filed patent infringement lawsuits over a total of more than 40 different patents against HTC, Viewsonic and RIM. The disputes with HTC and Viewsonic take place in the United States and ...

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Webinar Takeaway 6 and Participant Questions from

In the last part of our Webinar takeaway series, in which we have been presenting brief summaries of the conclusions from our July 11th webinar, we are summarizing the last takeaway as well as providing ...

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CDCA compels production of IBM cross-licenses and outbound licenses from

On August 3, 2012, in Richard C. Williamson v. Citrix Online, LLC, et al., CV 11-02409-AHM (JEMx) (C.D. Cal.), Magistrate Judge McDermott granted the plaintiff’s motion to compel defendant IBM to produce outbound ...

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Deja Vu All Over Again In Federal Circuit’s August 16 Myriad Decision from

On August 16, 2012, just four weeks after it heard oral arguments, the Federal Circuit issued its second decision in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), which ...

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Isolated DNA Declared Patentable By US Court Of Appeals from

The United States Court of Appeals for the Federal Circuit released a decision today (16 August) on the patentability of genes in yet another twist to the so-called Myriad case. At stake was the patentability ...

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USPTO Seeks Comment on Lowering Trademark Application Fees from

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) is seeking public comment on the possibility of adjusting trademark application fees, so as to lower the fees for all applicants ...

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