Patent & IP news for June 15, 2013

Patent Litigations



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post image Are Human Genes Patentable? from

Washington – On Thursday, the Supreme Court delivered its eagerly awaited judgment in the Myriad case (Association for Molecular Pathology v. Myriad Genetics), putting an end to 20 years of USPTO practice and overruling what had ...

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A Review of the Patent SHIELD Acts and Recent Proposals to Reform Patent Litigation from

“Patty Sue Just Won’t Go Away.” So went a 2002 article in the San Francisco Chronicle, one of a many articles spanning several years about Patricia McColm, a vexatious litigant blacklisted since 1994. She ...

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Kenyon & Kenyon wins reversal in Ex parte Kuttenberger from

In Ex parte Kuttenberger, Kenyon & Kenyon obtained reversal on rejection of claims directed to
-- A device for being situated in a vehicle and for determining a relative speed between the vehicle and a crash object ...

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Kimberly-Clark loses diaper case at PTAB from

Kimberly-Clark loses in Ex parte Elsberg

As to BRI:

During examination, the PTO gives claims “their broadest reasonable construction consistent with the specification.” In re Suitco Surface, Inc., 603 F.3d 1255, 1259 (Fed. Cir ...

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Mixed decision in Ex parte Liang from

There is a mixed decision in Ex parte Liang.

The appellant wins on indefiniteness but loses on obviousness.

Of indefiniteness:

“The test for definiteness is whether one skilled in the art would understand the bounds ...

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German VP8 infringement cases show Google's inability to cut through the codec patent thicket from

I don't think any responsible standardization body will be able anytime soon to declare VP8 a "royalty-free" codec. Everyone in the industry knows -- though a few deny against better knowledge -- that there's a ...

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USPTO Immediate Guidelines on 101 Patentability from

USPTO Deputy Commissioner for Patent Examination Policy Andrew Hirshfeld has distributed an internal memo to patent examiners providing some guidance on examination post-Myriad. For now, the PTO is only marginally changing its practice by limiting ...

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Twenty Thoughts on the Importance of Myriad from

By Dennis Crouch I asked a number of colleagues for their thoughts on the Supreme Court's recent Myriad Decision. However, I only allowed a 40 word statement from each. Most patent law specialists look ...

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