Patent & IP news for June 18, 2013

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ALJ Bullock Grants Motion To Terminate Investigation In Certain Wiper Blades (337-TA-816) from

On June 13, 2013, Chief ALJ Charles E. Bullock issued Order No. 70 in Certain Wiper Blades (Inv. No. 337-TA-816). According to the Order, ALJ Essex granted a joint motion filed by Complainant Robert Bosch ...

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Chief Judge Markey and Doctrinal Development from

As I wrote in What Are the Sources of Patent Inflation? An Analysis of Federal Circuit Patentability Rulings, I think some of the expansion in the bounds of patentability that has occurred since the creation ...

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When Can the Federal Circuit Hear an Appeal? from

The cynical answer to the question in the post title is:  whenever they want to.  Seriously though, Federal courts are courts of limited jurisdiction; their ability to decide cases is governed by statute. Specifically, the ...

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Ghost Rider Copyright Case Lives On from

Last week, in Gary Friedrich Enters., LLC v. Marvel Enters., Inc., the Second Circuit reversed the lower court’s dismissal of a lawsuit brought by Gary Friedrich, who created the comic book super hero “Ghost ...

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Good Intentions Echo In Marrakesh At Start Of Negotiations On Treaty For The Blind from

The World Intellectual Property Organization diplomatic conference expected to yield a treaty creating exceptions and limitations to copyright for the benefit of visually impaired people opened today in Marrakesh, Morocco. Assurances of good faith and ...

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Patent firm IPCom settles with T-Mobile, will be more active in U.S. with ex-Hitachi patents from

IPCom is a patent licensing firm based in the Munich area that acquired a portfolio of cellular standard-essential patents (SEPs) from Bosch, a company that exited the mobile devices business about a decade ago. IPCom ...

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Reasonable Claim Construction Supporting Noninfringement Position Warrants Summary Judgment of No Willfulness from

The magistrate judge recommended granting defendant's motion for summary judgment of no willful infringement as to plaintiff's pulse oximetry patent. "[Defendant's] proposed claim construction of [a term], under which it would not ...

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G8 Hails Trade Deals, Nods To WTO, Issues Declaration On Open Data from

In their traditional communiqué, Group of Eight countries at their annual summit welcomed ongoing efforts to negotiate bilateral and multilateral trade deals which they say will allow them to overcome economic uncertainties and shoulder the ...

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US Businesses Launch Coalition For Fair Trade With India from

A new coalition of United States business groups, called the Alliance for Fair Trade with India (ATFI), launched today to take aim against what they say are discriminatory trade practices in India against US exports ...

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Federal Trade Commission v. Actavis, Inc. (2013) from

By Kevin E. Noonan -- The Supreme Court ruled 5-3 today in favor of the Federal Trade Commission in FTC v. Actavis, Inc. Writing for the majority that included Justices Kennedy, Ginsburg, Sotomayor and Kagan, Justice ...

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Taking ATRIP Down Memory Lane from

The International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) was founded in Geneva in July 1981, with the support and assistance of the World Intellectual Property Organization. This professional academic ...

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Supreme Court Decides That "Reverse Payment" Settlements Shall be Subjected to "Rule of Reason" Antitrust Analysis from

Federal Trade Comm'n v. Actavis, Inc., 570 U.S. ____ (2013) by Aaron F. Barkoff The U.S. Supreme Court, in a 5-3 opinion, decided today that "reverse payment" settlements of ANDA litigation shall ...

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Board affirms obviousness even though benefit described in reference not linked to claim element from

Takeaway: The Examiner rejected claims to a method for context aware computing as obvious over a combination of three references. The Applicant attacked the Examiner's combination rationale, arguing that the benefit used by the ...

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Myriad: does it make a difference in the real world? from

The IPKat is always pleased to receive an email or two from a respectable source, so he was delighted so receive the following brief and to-the-point message from Professor Sir Robin Jacob, helpfully signposted 'IPKat ...

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CAFC decision in Novo Nordisk v. Caraco from

From Novo Nordisk v. Caraco

As to reasons for allowance:

The examiner withdrew her rejection, explaining that
her decision was “[b]ased solely upon the Declaration
submitted by Dr. Sturis and reconsideration of the synergistic ...

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ALJ Bullock Terminates Investigation Based On Withdrawal Of Complaint In Certain Sintered Rare Earth Magnets (337-TA-855) from

On June 13, 2013, Chief ALJ Charles E. Bullock issued Order No. 130 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 Essex Rules On Motions to Strike In Certain Optoelectronic Devices For Fiber Optic Communications (337-TA-860) from

On June 12, 2013 ALJ Theodore R. Essex issued the public versions of Order No. 13 (dated April 23, 2013), Order No. 14 (dated May 29, 2013), and Order No. 15 (dated May 29, 2013 ...

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IPO Webinar on FTC v. Actavis from

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Reverse Payments: Impact of U.S. Supreme Court on Hatch-Waxman Litigation" on June 20, 2013 beginning at 4:30 pm (ET). A panel ...

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SAP America, Inc. v. Versata Development Group, Inc. (P.T.A.B. 2013) from

By Michael Borella -- In an example of judicial reasoning rolling downhill, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) has struck down claims directed to a computer-implemented business method ...

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