Patent & IP news for September 17, 2012

Patent Litigations



Patent & IP Blogs

post image New York City – a photo journal (Part one – delivery trucks) from

New York is full of many trademarks, just due to its sheer size and the volume of commerce in it. Some are great. Some are bland. Last week in Manhattan I noticed how many great ...

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post image PTAB Trial Portal has Eight First Day Filings: 3 CBM and 5 IPR from

To kick off covered business method (CBM) and inter partes review (IPR) practice, there were eight post-issuance filings on the first day of the PTAB Trials electronic filing system: You can click on the image ...

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post image Who Decides Obviousness: Judge or Jury? from

By Dennis Crouch Kinetic Concepts and Wake Forest University v. Smith & Nephew (Fed. Cir. 2012) Wake Forest's asserted patents cover a medical technique that uses suction to close a gaping wound. In certain situations ...

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post image Dear AIA: Happy Birthday, Ya Big Lug! from

On September 16, 2011, President Barack Obama signed into law the Leahy-Smith America Invents Act.   This Act is often referred to as the most comprehensive overhaul to our patent system since 1836. Seven provisions of ...

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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. Genetic Technologies Ltd. v. Genesis Genetics Institute, LLC 2:12-cv-14080; filed September 13, 2012 in the ...

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Entire Market Value vs. Entire Market Base from

By Dennis Crouch A few days ago, I posted an essay entitled Does the Entire Market Value Rule Make Sense when Applied to Apportionment Analyses? In the essay, I discussed contemporary changes in the entire ...

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Join Me On September 18 For A Webinar On Supplemental Examination from

On Tuesday, September 18, 2012, at 2:00 pm eastern, I will be speaking on the IPO IP Chat Channel webinar on “Supplemental Examination: Rules & Strategy.”  My distinguished co-panelists are Robert Bahr, Senior Patent Counsel ...

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$50 Million Verdict Overturned Because Plaintiff Failed to Prove Infringing Products Were Made or Imported Into the United States from

The court granted defendants' renewed motion for judgment as a matter of law of noninfringement under 35 U.S.C. § 271(a) and overturned the jury's $50 million verdict because plaintiff failed to present ...

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Public domain? from

In an article about photos taken of the Duchess of Cambridge while on vacation at a relative's home in the south of France in August, the AP stated:

Chi editor Alfonso Signorini told The ...

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Non-Faculty IPSC Scholars from

I missed this year's IP Scholars Conference at Stanford because of clerking, but the IPSC website has abstracts and papers, the conference schedule, and recordings of each session (although some recordings seem to be ...

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A lawyer named Thor from

The Court of Appeals for the Federal Circuit handles cases OTHER than ones involving patents. It is not a "patent" court. One such case is Evans v. US .

Within the decision one finds text:

One ...

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"We do what we’re coached." from

IPBiz has talked about Greg Schiano previously. This grew out of an interest in a "vanish from the internet" discussion by Vai Sikahema, illustrating the perils of future prior art searching ("here today but gone ...

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High growth companies are not the same as high-tech from

A new study from the Kauffman Foundation on high growth companies (The Ascent of America's High-Growth Companies) reminds us of a very important fact:So-called high-tech sectors constitute only about a quarter of fast-growing ...

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Mpep.Uspto.Gov from

The USPTO has released a new version of the Manual of Patent Examination Procedure (MPEP) along with a reworking of the MPEP website to allow for better facilitate online access to the rules and regulations ...

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Washington Post: emphasis through repetition? from

From an article in the Washington Post on the Harvard cheating scandal, one notes a certain repetition:

Murphy declined to say how many players who were out of uniform. The most notable absence from the ...

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IPAB dismisses Bayer's appeal against compulsory license from

The Intellectual Property Appellate Board (IPAB) has rejected a petition of Bayer Corp., seeking a stay on an order of the Controller, granting compulsory licence to Natco Pharma Ltd., for Nexavar, a drug (Sorafenib Tosylate ...

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Featured Study: Change How You Manage Network Data! from

Computer networks are complicated systems that require many different elements to run smoothly. One technology that makes handling large systems easier is data management. Networks often store their files in a variety of places. However ...

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Beware NPEs – ITC says no to exclusion order for an NPE who obtained ongoing royalties in district court from

On August 1, 2012, in Certain Video Displays and Products Using and Containing Same, Inv. No. 337-TA-828, Order No. 9, ITC ALJ Essex held that an ongoing royalty awarded in the EDTX precluded an NPE ...

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USPTO Establishes New Program to Address Small Business Needs from

As of September 16th, in accordance with the Leahy-Smith America Invents Act, a program will be available for small businesses to address their specific needs related to all steps of the patent filing process. Formally ...

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Historic Patent Reform Implemented by USPTO from

The most significant reform to the U.S. patent system in more than a century took a major step forward at 12:01 am Sunday, as numerous provisions of the Leahy-Smith America Invents Act of ...

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Patent litigations outlasting litigating companies from

An entry at autoblog on 17 Dec. 2009 states:

The Detroit News reports that what's left of the old Chrysler LLC (which has been renamed Old Carco), has filed court papers saying that the ...

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Internet Providers, Trademarks Owners Need Collaboration And Trust, WIPO Panel Says from

The responsibility of internet intermediaries in cases of intellectual property rights infringement has long been debated. Wedged between rights holders and internet users, intermediaries are asked to provide surveillance from the first and to preserve ...

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ITU’s Line Of Defense On WCIT from

The International Telecommunication Union in a press briefing Monday evening tried to dispel what it is describing as "myths and misinformation" about the upcoming World Conference on International Communication (WCIT, December 3-14 in Dubai). "Although ...

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Generic Defendant Petitions for Certiorari in K-Dur Litigation from

By Kevin E. Noonan -- The In re K-Dur Antitrust Litigation case (formally, Louisiana Wholesale Drug Co. et al. v. Merck & Co. and Upsher-Smith Laboratories, Inc.) is significant because, for the first time in almost a ...

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EU Adopts Public-Use Policy for Orphan Works from

On Thursday, September 13, 2012, the European Parliament adopted a new directive stating that cinematographic and audiovisual works as well as phonograms that are protected by copyright but whose rights holders cannot be found could ...

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