Patent & IP news for May 28, 2013

Patent Litigations



Patent & IP Blogs

post image Patent Baristas to Feature BigStock Photos from

Patent Baristas inked a deal with Bigstock stock image company. Bigstock offers over 13 million royalty-free photographs and illustrations from talented photographers and artists around the globe, available for almost any purpose. This is not ...

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post image Wednesday whimsies (a little earlier than usual!) from

Pre-1900 UK patent specifications.   As part of ongoing plans to improve the UK Intellectual Property Office (IPO)'s online services the IPO is digitally capturing all the paper copies of pre-1900 patent specifications as far ...

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post image Recent client trademark registrations LVI from

Here is another update of recent client registrations from the public records for readers to see real examples of brands and marks which are being protected [click trademark or logo to open USPTO records in ...

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post image "Say it with flowers": Interflora wins Dust-up over Door-to-Door Dahlias from

The IPKat does some field
research into flowers ...
Connoisseurs of long judgments will know that Interflora Inc and Interflora British Unit v Marks and Spencer Plc and Flowers Direct Online Limited [2013] EWHC 1291 (Ch ...

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Guest Post: Impugning novelty the Novartis way from

Carrying on with our lively debate on the merits of the Supreme Court's judgement in the Novartis case, Siva Thambisetty has sent us this reply to Darren's rejoinder, which we had published over ...

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U.S. and USPTO Move To Implement The Patent Law Treaty of 2000 from

While U.S. patent practitioners have been focusing on the changes to U.S. patent law embodied in the Leahy-Smith America Invents Act (AIA), Congress has taken additional steps to harmonize and streamline patent application ...

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Is 35 USC 101 Judged by the Claims? from

This section does not say anything about the claims and while the claims define the invention they are not the invention. To suggest otherwise is to confuse reality and elevate the draftsman’s art above ...

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Global IP Reaction to India’s Rejection of the Novartis Drug Patent from

India’s booming $26 billion generic drug industry and public health sector rejoiced over the Indian Supreme Court’s recent decision to reject a patent filed by the Swiss pharmaceutical giant, Novartis for their landmark ...

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A Patent Conversation with Steve Kunin from

Steve Kunin is the head of Oblon's Post Grant Patent Proceedings practice group, and is also on the firm's Management Committee. He is also a friend. For several years now I've been ...

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GIs The “Darling” of Europe, But Protection A Challenge For All, Producers Say from

Bordeaux - The challenges for geographical indications in the 21st century were explored at a recent conference co-organised by two organisations promoting this type of intellectual property protection. Among issues presented were the protection of geographical ...

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ITC Adopts Final Rules Regarding Scope Of Discovery from

On May 21, 2013, the International Trade Commission (“Commission”) published its Final Rules, amending its Rules of Practice and Procedure. The purpose behind the Commission’s new rules is “to reduce expensive, inefficient, unjustified, or ...

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Nokia Files New 337 Complaint Regarding Certain Portable Electronic Communications Devices, Including Mobile Phones from

On May 23, 2013, Nokia Corporation of Finland and Nokia Inc. of Sunnyvale, California (collectively, “Nokia”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that HTC ...

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Flurry of Bills to Reduce Litigation by Patent Trolls from

It appears that Congress has had enough of the litigation tactics by so-called patent trolls, non-practicing entities (NPEs) that accumulate patents with the goal of licensing or otherwise asserting them against companies that make and ...

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AHG wins at CAFC: a best mode case from

from AHG v. Broetje

Plaintiffs Ateliers de la Haute-Garonne and F2C2
Systems S.A.S. (collectively “AHG”) filed suit against
defendants Broetje Automation USA Inc. and Brötje
Automation GmbH (collectively “Broetje”), asserting
counts of patent ...

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Technical Assistance A Challenge For WIPO Treaty On Industrial Designs from

Another World Intellectual Property Organization committee opened with the prospect of achieving progress on a potential treaty text this week. The committee is trying to establish an instrument that would simplify the international registration of ...

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World Health Assembly: IP Considerations Play Key Role In Final Outcomes from

Wrapping up one day early, the 66th World Health Assembly adopted a range of public health resolutions and decisions, some with key intellectual property implications, including a decision to convene a technical meeting on new ...

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Patentee loses in re-examination 95/001,362 from

On the use of "unexpected results" to rebut obviousness:

Whether an invention has produced unexpected results is a question of
fact. In re Mayne, 104 F.3d 1339, 1343 (Fed. Cir. 1997). "[T]here is ...

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Appellant wins reversal of written description and obviousness rejections in Ex parte VAGHEFI from

From Ex parte VAGHEFI

Of written description and genus/species:

In particular, Appellants contend that the written description
requirement for a claimed genus may be satisfied through sufficient
description of a representative number of species ...

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The Federal Circuit has set the stage for granting Apple an injunction against Samsung from

A week ago the United States Court of Appeals for the Federal Circuit issued its opinion in a snowplow patent case, Douglas Dynamics, LLC v. Buyers Products Company, and (among other things) instructed the district ...

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Judge Mayer: Subject Matter Eligibility Must be Decided First Even if Not Raised by Either Party on Appeal from

By Dennis Crouch Alexsam, Inc. v. IDT Corp. (Fed. Cir. 2013) I recently posted on Alexsam's pending litigation in the Eastern District of Texas. In that case, the jury sided with the patentee Alexsam ...

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Ex parte Sanders: argument in reply brief is too late from

from Ex parte Sanders

Appellant contends that Figure 1 of Roth fails to disclose a database
engine that “applies the IDD to the document to generate a set of index keys
for the document.” Reply ...

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Appellant loses on written description in Ex parte Gillis from

From Ex parte Gillis

As to written description:

“[T]he written description requirement does not demand either
examples or an actual reduction to practice; a constructive reduction to
practice that in a definite way identifies ...

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Publishers Challenge Quality Of Open Educational Resources from

The International Publishers Association (IPA) has published a paper that raises questions about the quality, sustainability, and public funding of Open Educational Resources (OER). Related Articles:

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Despite Economic Growth, Africa Struggles To Meet All MDGs from

Despite increased economic growth over the past decade, Africa will not reach some of the Millennium Development Goal (MDG) targets set forth in 2000 by the United Nations, including halving poverty by 2015, according to ...

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Question of When Foreign Patent Owner May be Entitled to Lost Profits Certified for Interlocutory Appeal from

The court certified for interlocutory appeal its order granting defendants' motion for summary judgment that a Japanese plaintiff could not recover lost profits damages because plaintiff did not have any U.S. sales. "The court ...

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Google says Java APIs lost copyrightability like Aspirin lost trademark protection over time from

This afternoon by Eastern Time the public version of Google's brief in the cross-appeal of a district court's Oracle v. Google Android/Java copyright ruling finally became available. The brief itself had already ...

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Peter Pappas, USPTO Chief of Staff, Leaving the Office from

While perhaps not widely known by patent attorneys in the day-to-day trenches, Pappas is well known both at the Patent Office and in Washington, DC more broadly. And although Pappas is not a patent attorney ...

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Preliminary ITC ruling in Apple's favor against Samsung will be reviewed thoroughly from

Last October an Administrative Law Judge (ALJ) of the United States International Trade Commission (USITC, or just ITC) issued a preliminary ruling holding Samsung to have infringed four Apple patents (three utility patents, one design ...

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Tick Tock — Scott Kieff Nomination to ITC from

I was pleased to see GW Law professor (and former Wash. U. Law professor) Scott Kieff nominated to the ITC last September.  However, since then it does not appear that he has received a nomination ...

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Changes in China: Moving from Copied in China to Invented in China--Seriously from

My two years in China have overturned many previous paradigms that I held, including the stereotype of China as merely an IP copier and not an IP generator. While the West clings to that view ...

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