Patent & IP news for May 16, 2013

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post image The curious case of medical method patent: Can doctors patent surgical procedures? from

Around a month ago, the Times of India reported that a Satara-based Gynaecologist Dr.R. S.Katkar had received a patent for microsurgical recanalisation operation. This story made us do a double take! Did the ...

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post image Guest Post: A response to the IPKat's "despair" by Siva Thambisetty from

Image from hereIt appears that Darren's guest post has got the ball rolling with not only a healthy debate in the comments section to his post but also in the form of this ...

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post image Interesting CICADA trademarks #swarmaggedon from

Here on the East Coast in the Mid-Atlantic, we have been anticipating the arrival of 2013 cicadas for weeks. For example, see this Huffington Post article: Cicadas Northern Virginia: 2013 ‘Swarmageddon’ Insects Spotted In D ...

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CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Judge Lourie's Concurrence from

By Michael Borella -- On May 10, the Federal Circuit handed down a much anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101. In a per curiam opinion ...

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Supreme Court Finds For Monsanto In Seed Harvesting Case from

In Bowman v. Monsanto Co., the Supreme Court held that the doctrine of patent exhaustion does not give a farmer who has bought patented seeds the right to “reproduce” them through planting and harvesting without ...

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Javed Akhtar nominated for CISAC Vice-Presidency from

CISAC, the International Confederation of Societies of Authors and Composers is a non-governmental, non-profit organisation that works for increased recognition and protection of the rights of creators.  The Board of Directors of CISAC have unanimously ...

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Are Robots Patent Eligible? from

Why have claims if the claims don't matter. Essentially Judge Lourie, and the Canadian Patent Office too, are saying ignore the claims and read the specification to determine what the innovation is and then ...

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IP Law & Management Institute in San Diego from

Practical Strategies, Tactics and Tips for the Optimization of IP Assets in a Dynamic Business Environment International Performance Management Institute (IPMI) is holding the IP Law & Management Institute on November 3rd -5th, 2013 at the ...

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Chen Closer to Federal Circuit Confirmation from

Last month, PTO Solicitor Raymond Chen had his hearing before the Senate Judiciary Committee.  Today, the Committee unanimously reported the nomination favorably to the full Senate.  Hopefully, the full Senate will vote on his nomination ...

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CAFC Makeup: May 16, 2013 from

Below is an updated chart of the CAFC judges and whether they are patent attorneys or have a technical background.  In my opinion and based on the latest rulings out of the CAFC all the ...

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Forrester v. Wheelabrator: No Federal Subject Matter Jurisdiction Over Tortious Interference Claims Involving Patent Issues from

By Jason Rantanen This case is significant because even as it applies the Supreme Court's recent ruling in Gunn v. Minton to find a lack of subject matter jurisdiction over state law tortious interference ...

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New Step for the Modernization of Copyright Law in the US – Progress or Regress? from

During the celebration of World Intellectual Property Day on April 24, 2013, the US Committee on the Judiciary announced its intention to promote a comprehensive review of US copyright law in order to modernize copyright ...

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Supreme Court Looks More Closely at Reviewing Therasense from

By Dennis Crouch Sony Computer v. 1st Media LLC, Docket No 12-1086 (on petition for writ of certiorari 2013) In a recent order, the Supreme Court has asked the Solicitor General to file a brief ...

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Declaratory Judgment Jurisdiction Considerations in Patent Cases: The District of New Jersey Speaks from

IP practitioners should read and heed Judge Martini’s recent decision in Medidata Solutions, Inc. v. DATATRAK Int’l, Inc., 2-12-cv-04748 (D.N.J. May 13, 2013, Docket 33), which addresses considerations for declaratory judgment ...

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Saudi Arabia Accedes to Patent Cooperation Treaty from

The World Intellectual Property Organization (WIPO) has announced that Saudi Arabia will officially become the 147th Contracting State of the Patent Cooperation Treaty (PCT) on August 3rd, 2013. It's been eight months since the ...

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Prior Litigation and Reexamination of Related Patent Create Substantial Controversy Supporting Declaratory Judgment Claim from

The court denied defendant's motion to dismiss plaintiff's declaratory relief action for lack of subject matter jurisdiction. "[Defendant] has already initiated a patent infringement action against [plaintiff] in the Northern District of Ohio ...

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World Telecom Policy Forum Agrees On Six Opinions from

The Brazilian proposal included small steps with regard to underlining the need to involve all parties in the internet governance processes and, second, to assign the International Telecommunication Union a facilitating role "to ensure meaningful ...

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Black Hills Media Files New 337 Complaint Regarding Certain Digital Media Devices from

On May 13, 2013, Black Hills Media, LLC of Wilmington, Delaware (“Black Hills”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that the following entities (collectively ...

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ALJ Essex Grants Motions To Terminate Investigation As To Camus And Sidney Frank In Certain Products Having Laminated Packaging (337-TA-874) from

On May 8, 2013, ALJ Theodore R. Essex issued the public version of Order No. 10 and Order No. 11 (both dated May 7, 2013) in Certain Products Having Laminated Packaging, Laminated Packaging, and Components ...

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Gunn relied upon in Forrester v. Wheelabrator; case goes to state court from

From Forrester v. Wheelabrator

As to removal:

Under 28 U.S.C. § 1441(a), a defendant may remove
to federal district court “any civil action brought in a
State court of which the district courts ...

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Micro Consensus on WIPO Technical Assistance; Prickly Issues Left Open from

One of the key discussions of the World Intellectual Property Organization Committee on Development and IP (CDIP) this week was the improvement of WIPO technical assistance in the area of cooperation and development. Discussions trailed ...

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