Patent & IP news for May 21, 2013

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post image The Times Publishing House threatens to sue our blogger for alleged defamation - we ain't going down without a fight! from

Aparajita Lath - SpicyIP Blogger
Take a good hard look at the photograph on the right. It’s a photograph of one of our youngest bloggers – Aparajita Lath, an innocent 22 year old gifted law student ...

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post image Copyright and performance: reflections on a complex relationship from

Although this Kat has recently been living with a spotty connection, which almost cut him off the blogosphere for a week, he noticed that Professor Rebecca Tushnet published a new article on 'Performance Anxiety: Copyright ...

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post image Focusing one's sights on invalid dependent claims from

Here are the conclusions from a recent case in the Patents Court (the last two paragraphs of the judgment with some explanatory notes added by the IPKat for context).
228. As appears from my treatment ...

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Fexofenadine case: "substantially pure" has different meanings within one patent from

Aventis/AMR vs. Mylan concerning fexofenadine.
The decision is by a 2-1 vote.

The initial part of the decision:

Aventis Pharmaceuticals, Inc. and Albany Molecular
Research, Inc. (AMRI) (collectively “Appellants”) appeal a
stipulated judgment of ...

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Alexsam v. IDT at the CAFC from

The outcome of Alexsam v. IDT

Defendant IDT Corporation appeals from the judgment
of the District Court for the Eastern District of
Texas determining that certain of IDT’s systems infringed
claims 57 and 58 ...

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Design patents on the upswing? from

From Forbes on the value of design patents:

Now companies are seeking out design patents to go with their so-called utility patents to create a more impervious wall of protection around their successful products. It ...

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Ranbaxy Fined, J&J Tylenol Scandal, Bayer Sued Over Vitamins from

Once again, a plethora of interesting events has occurred since the last time we stopped by. What was the biggest headline? That decision may be up for grabs, but certainly, the $500 million penalty paid ...

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Academic study shows that using a trademark lawyer improves odds of registration at the USPTO from

This recent academic study speaks for itself, so I don’t have a whole lot to add! The study, to be published in the summer edition of Stanford Technology Law Review, researched actual filing and ...

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Abbott: Incentivizing Production of Drug Safety Information from

Information about drug safety and efficacy is a public good, and it will thus be undersupplied absent government incentives to close the gap between the cost of producing this information and the private benefit that ...

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Federal judge bars holder of standard-essential patents from enforcing ITC exclusion order from

An unprecedented decision came down yesterday in the Northern District of California, where a federal judge granted an implementer of the IEEE 802.11 (WiFi, or WLAN) standard a preliminary injunction against enforcement of a ...

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WIPO Unveils Results Of Training Department Assessment from

The World Intellectual Property Organization training arm has been undergoing an external assessment which was presented to member states during the organisation's committee on development last week. Related Articles:

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Supreme Court to Review Burden of Proof in Declaratory Judgment Actions from

Yesterday, the Supreme Court agreed to hear the appeal of the declaratory judgment plaintiff in Medtronic Inc. v. Boston Scientific Corp.  The question presented in the case is as follows: In MedImmune, Inc. v. Genentech ...

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ALJ Essex Grants New Motion To Terminate Investigation As To Pantech In Certain Electronic Imaging Devices (337-TA-850) from

On May 13, 2013, ALJ Theodore R. Essex issued Order No. 26 (dated May 10, 2013) in Certain Electronic Imaging Devices (Inv. No. 337-TA-850). By way of background, ALJ Essex issued Order No. 21 granting ...

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A Cautionary Kudos: Canada Moves Up on USTR IP Watch List from

Earlier this month, the United States Trade Representative (USTR) released its annual “Special 301 Report,” which evaluates the intellectual property rights (IPR) protection and enforcement of its trading partners. Over the last few years, Canada ...

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EU Moving Toward New Trade-Mark Regime from

The European Commission has proposed amendments to the Community Trade Mark (CTM) Regulation and Trade Marks Directive. The primary function is to harmonize EU member trade-mark laws. This bureaucratic hygiene aim – which resulted in a ...

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The Top 150 Licensors from

On May 1, 2013, the Global License publication released its annual list of the top 150 (in the past this was a lower number) licensors.  According to Global License, the top 150 licensors account for ...

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USPTO Modifies After Final Amendment Pilot Program from

Last week the United States Patent and Trademark Office (USPTO) announced in the Federal Register that it would modified the After Final Consideration Pilot Program (AFCP) to create the After Final Consideration Pilot Program 2 ...

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Hack for Change from

Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea

Government has vast amounts of information that can be used to improve our lives, and the ...

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Guest Post: Monopoly Without Apology from

By Shubha Ghosh Without any surprise, even to those who wrote amici in support of the farmer in Bowman v. Monsanto, the Supreme Court ruled in favor of Monsanto last week. During oral arguments in ...

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AFCP 2.0 Option after a final rejection from

The original AFCP or After Final Consideration Pilot Program wasn’t successful because it didn’t move prosecution along toward making the Applicant realize that they don’t have an invention that will ultimately result ...

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Prosecution Bar does not Extend to Inter Partes Review Except as to Amendment of Claims from

The court granted in part plaintiff's motion to allow two of its litigation attorneys to participate in the inter partes review of the patents-in-suit. "[Plaintiff] asserts that the inter partes proceeding will not implicate ...

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SpicyIP Tidbit: IPXI releases latest edition of its Rulebook. from

The IPXI (Intellectual Property Exchange International) is the world's first financial exchange for licensing and trading intellectual property rights. My previous post on this can be found here.  The IPXI, last week, released the ...

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Are Pharmaceutical Patents A Barrier to Access to Medicines? The Importance Economic Development and Growth from

Critics argue that pharmaceutical patents are a barrier to wide-reaching access to medicines, especially for vulnerable populations in the developing world. They cast their argument in the phrase, “Patents Kill” and advocate against intellectual property ...

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Federal Circuit Affirms In Motiva Appeal (2012-1252) from

On May 13, 2013, the Federal Circuit issued its opinion in Motiva, LLC v. Int’l Trade Comm’n (2012-1252).  This was an appeal by Motiva, LLC (“Motiva”) from the International Trade Commission’s (the ...

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Expediting Patent Applications: US from

We recently discussed options for speeding up grant of a European patent. As we mentioned, reasons to expedite grant include the existence of a potential infringer, or the need to obtain grant to enable licensing ...

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Senate Judiciary Committee Sends Raymond Chen Nomination to Full Senate from

The Senate Judiciary Committee voted this past Thursday to approve the nomination of Raymond Chen to the Federal Circuit.  Solicitor Chen’s nomination will now move to the full Senate for consideration.  [Link]

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Graphics Properties Holdings Files New 337 Complaint Regarding Certain Consumer Electronics With Display And Processing Capabilities from

On May 17, 2013, Graphics Properties Holdings, Inc. of New Rochelle, New York (“GPH”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that the following entities ...

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Motiva v. ITC and Nintendo from

By Jason Rantanen Motiva, LLC v. International Trade Commission and Nintendo Co., Ltd. (Fed. Cir. 2013) Download 12-1252.Opinion.5-9-2013.1 Panel: Newman, Prost (author), O'Malley In order to bring a section 337 action ...

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Going To Seed from

In Bowman v. Monsanto, the Supreme Court creates a glaring exception to patent law as a boon to corporate power. Such plutocratic largesse is the norm, as is ignoring facts to rule by bias, while ...

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CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Opinions by Judge Moore, Judge Newman, and Judges Linn and O'Malley from

By Michael Borella -- A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence, and a second post addressed Chief Judge Rader's concurrence-in-part and dissent-in-part. As noted in ...

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