Patent & IP news for May 20, 2013

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Patent & IP Blogs

post image Monday miscellany from

New blog on the block. The IPKat was delighted to learn from his former colleague, Katonomist Nicola Searle, that the UK's Intellectual Property Office (IPO) is today launching IPO Facto, a research blog for ...

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post image (Green) Patent PR from

A few years ago, during the height of the green patent fast track craze, I wrote a post on clean tech companies generating PR about their patent applications being accepted into an accelerated examination program ...

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post image Hatching Europe's Unified Patent Court: who will pay for the chickens and eggs? from

Imminent patent reform "delayed".  Only three months after (most of) Europe's finest attached their signatures to the Unified Patent Court (UPC) proposal, the official view on the likely start date has slipped by a ...

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USPTO Launches New After Final Consideration Pilot Program To Reduce Requests For Continued Examination (RCEs) from

In a Federal Register Notice published on May 17, 2013, the USPTO announced After Final Consideration Pilot Program 2.0 (AFCP 2.0) as part of its ongoing efforts to “reduce pendency by reducing the ...

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After Court Ruling, US Still In Disarray On Software Patents from

What inventions are eligible for patent protection? That question has roiled the US legal system for the last decade. But the Federal Circuit Court of Appeals (often called the nation’s patent court) was supposedly ...

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NDCA issues order on early damages disclosure from

On March 8, 2013, the NDCA issued an opinion in Eon Corp. IP Holding LLC v. Sensus USA Inc., No. C-12-01011 EMC (EDL) (Doc. No. 657), concerning defendants’ request that plaintiff provide early disclosure of ...

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Conference On Journalism And Health Looks At WHA Issues from

On the eve of the 66th edition of the World Health Assembly, the World Health Editors Network (WHEN) and the Who’s There? Yes (WTY) convened for a conference on their new Journalism and Health ...

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Quibbling over minutiae? Or has something been overlooked? Concerns over UK implementation of the UPC Agreement and Unitary Patent from

This Kat has previously posted a couple of concerns about the implications of some details of the unitary patent and the Unified Patent Court Agreement - see here and here.

Now this moggy is concerned about ...

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ITC Decides To Review In Part Remand Initial Determination Finding No Violation Of Section 337 In Certain Automated Media Library Devices (337-TA-746) from

On May 10, 2013, the International Trade Commission (“the Commission”) issued a notice determining to review in part the Remand Initial Determination (“RID”) issued by Chief ALJ Charles E. Bullock on March 26, 2013 finding ...

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No Quanta of Solace for Farmer Bowman: Unlicensed Planting of Patented Seed Infringing Use, Not Patent Exhaustion* from

n the case of Bowman v. Monsanto Co., Farmer Bowman may have believed that the “third time” would be “charm.” In two prior cases, Monsanto Co. v. Scruggs[1] and Monsanto Co. v. McFarling,[2 ...

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Supreme Court to hear another Case Involving Licensees in Good Standing who Challenge Patent Rights from

By Dennis Crouch Medtronic Inc. v. Boston Scientific Corp., Docket No. 12-1128 (Supreme Court 2013) The Supreme Court has granted a writ of certiorari in a license dispute involving giants of the medical device world ...

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Judge confirms Google's right to jury trial on Microsoft's breach-of-FRAND-contract claims from

The breach-of-contract and related damages issues in the Microsoft v. Motorola FRAND contract case in the Western District of Washington will be put before a jury when the second trial in this litigation takes place ...

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Damages Calculation Based on Profits from Sales Made with Accused Gift Cards not Improper from

The court denied defendant's motion to exclude the testimony of plaintiff's damages expert as to profits attributable to sales of accused gift cards. "According to [defendant], [plaintiff's damages expert] attributes all profits ...

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WHO Director Highlights Noncommunicable Diseases, Pandemics; Blasts Industry Counter-Efforts from

World Health Organization Director General Margaret Chan today had strong messages for the opening day of the annual World Health Assembly: in these rocky times, public health work is a high ground that helps bring ...

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ALJ Gildea Denies Motions To Strike Testimony In Certain Semiconductor Chips With DRAM Circuitry (337-TA-819) from

On April 23, 2013, ALJ E. James Gildea issued the public version of Order No. 18 and Order No. 19 (both dated March 26, 2013) regarding motions to strike certain portions of expert testimony in ...

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855) from

On May 14, 2013, Chief ALJ Charles E. Bullock issued Order No. 106 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855). According to the Order, Complainants ...

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ALJ Pender Issues Order Partially Terminating Investigation In Certain Electronic Devices Including Mobile Phones And Tablet Computers (337-TA-847) from

On May 14, 2013, ALJ Thomas B. Pender issued Order No. 14 partially terminating the investigation in Certain Electronic Devices, Including Mobile Phones and Tablet Computers, and Components Thereof (Inv. No. 337-TA-847). By way of ...

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Infojustice: Trans-Pacific Partnership IP Chapter Stalled from reports from the Trans-Pacific Partnership negotiations in Lima, Peru that the intellectual property chapter shows no sign of resolution and the end of the TPP talks in 2013 is now highly unlikely. Related ...

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Samsung Seeks to Patent Surgical Robot, Announces 5G Network from

Over the past few years, electronic devices have become a staple for Samsung’s main subsidiary, Samsung Electronics. That subsidiary is a major standard bearer for the mobile device industry, and even recently announced plans ...

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Dey/Mylan win over Sunovion from

From Dey and Mylan vs. Sunovion

Of an unusual aspect of the case:

When Dey sued Sunovion for patent infringement,
Sunovion argued, and the district court agreed, that some
of Dey’s patents were invalid ...

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CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part from

By Michael Borella -- A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk ...

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