Patent & IP news for September 28, 2012

Patent Litigations



Patent & IP Blogs

post image Top 5: Calvin & Hobbes Patent Comics from

Did you know that Calvin’s father in Calvin & Hobbes is a patent attorney?  To end this week, we wanted to build on one of our favorite Top 5 posts (Top 5 Dilbert Patent Comics ...

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post image Access to Knowledge Platforms and Collaborative Ventures starting to get their due? from

(Image taken from here)
“It is no good to try to stop knowledge from going forward. Ignorance is never better than knowledge.” –The thinker who’d come up with these immortal words, Enrico Fermi, would ...

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Bayer Files Amicus Brief in K-Dur Case from

By Kevin E. Noonan -- Bayer Corp. and Bayer AG have filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Being ...

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Practice Note on US/EPO Patent Family Prosecution from

Guest Post by Gwilym Roberts (UK) of Kilburn & Strode LLP The USPTO delivered an advisory on 30th July 2012 urging US practitioners to file Form PTO/SB/69 effectively releasing search results from an unpublished ...

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A Lawyers Guide to the Business of Blogging from

First, the biggest mistake lawyers make is that they primarily write for other lawyers.  That is a huge mistake.  There are only so many lawyers in any legal niche, and only a subset of them ...

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Samsung wins remand of Galaxy Tab 10.1 ban to Judge Koh's court from

The United States Court of Appeals for the Federal Circuit just granted Samsung's motion for a limited remand of its appeal of the design-patent-based preliminary injunction against the Galaxy Tab 10.1. Apple had ...

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Patently-O Bits & Bytes by Lawrence Higgins from

Patent Backlog to fall below 600K by end of the year! The current patent backlog is around 623,000 patents and is decreasing by an average of about 5,000 patents per month. This time ...

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Friday Foreign Filing Roundup from

Hi everyone! Here’s a look at the foreign filing/patent news from the last week of September: Shorter pendency and higher patent quality could result from this new program launched by the USPTO. The ...

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The Android camp is enforcing only one patent injunction against Apple (and none against Microsoft) from

Today a newspaper journalist contacted me about my recently-posted list of the 17 Apple and Microsoft patents that courts in different jurisdictions have found Android-based devices to infringe and asked me whether I also had ...

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Non-obviousness affirmed in Pozen v. Par from

In Pozen v. Par the CAFC affirmed the ED Texas district court’s decision because it did not err in finding the patents-in-suit not invalid and in- fringed.

The residual hearsay rule appears in a ...

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In re Abbott Diabetes: BPAI decision vacated from

The outcome of In re Abbott Diabetes: Because the Board’s rejections were based on unreasonable claim constructions and because the U.S. Patent and Trademark Office (“PTO”) concedes that the examiner’s official notice ...

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Will the Supreme Court Weigh in on Reverse Payments in ANDA Cases -- Revisited from

We have written previously on numerous developments concerning reverse payments in Hatch-Waxman litigation settlements (i.e., payments made by branded pharmaceutical patent holders to generic challengers to postpone market entry of proposed generic products).

Earlier ...

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Alleging “Selective Disclosure” of Prior Art Reference is Sufficient to Plead Intent to Deceive Element of Inequitable Conduct Claim from

The court denied plaintiff's motion to dismiss defendants' inequitable conduct counterclaims for failure to plead with particularity. "[A]lthough the Court agrees that the specific theory underlying the intent to deceive element could have ...

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Hourly Rates of $675-775 Deemed Unreasonable for Discovery Disputes from

The court denied in part defendant's motion for discovery sanctions and found counsel's hourly rates of $675-$775 to be unreasonable. "This Court is not aware of any case before it where an ...

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Industry Analysis: Print Sales Still In Decline; New Copyright Law Not A Solution from

A new industry analysis highlights the continued decline in print advertising revenues, but offers a glimpse of possibilities for the recovery of the industry in light of the various technology-driven changes and developments in the ...

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WTO Dispute Panel Formed On Australia Tobacco Law from

The World Trade Organization Dispute Settlement Body today established a panel to review a complaint filed by Ukraine against Australia for a tobacco plain-packaging law aimed at discouraging tobacco use. Related Articles:

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ACI "Maximizing Pharmaceutical Patent Life Cycles" Conference, New York, October 10-11 from

American Conference Institute will be holding its 13th annual "Maximizing Pharmaceutical Patent Life Cycles" conference in New York City on October 10-11. There have many important developments in pharmaceutical patent law over the last year ...

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Webinar on Divided Patent Infringement from

Strafford will be offering a webinar/teleconference entitled "Divided Patent Infringement: Protecting IP Rights -- Strategies for Drafting and Prosecuting Claims and Allocating Liability" on October 30, 2012 from 1:00 - 2:30 pm (EDT). Keith ...

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Paragraph IV Disputes Conference from

American Conference Institute (ACI) will be holding its next Paragraph IV Disputes conference on December 4-5, 2012 in San Francisco, CA. The conference will allow attendees to: • Navigate the evolving case law surrounding obvious-type double ...

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