Patent & IP news for June 27, 2013

Patent Litigations



Patent & IP Blogs

post image Which comes first - patent infringement or FRAND? "Patent infringement", says Birss J (Part I) from

The AmeriKat has figured out
one strategy: keeping warm in
the garden during the English summers
(courtesy of Joe Delaney)
As a litigator, you spend your days grappling with legal strategy, client demands and barrister ...

Share via E–mail | Twitter | Facebook

post image Which comes first - patent infringement or FRAND? "Patent infringement", says Birss J (Part II) from

The discussion
Telling the difference between
the two types of cases is as easy as
telling the difference between
these two kittens. 
There are two kinds of cases, commenced Birss J:  
(1)  Those where a ...

Share via E–mail | Twitter | Facebook

post image Autonomous rules rule OK as pan-European bad faith emerges from

Merpel never did like
 drinking out of bottles
Soon we'll have to stop complaining about the length of time consumed in referring questions to the Court of Justice of the European Union (CJEU) for ...

Share via E–mail | Twitter | Facebook

post image USPTO Patent Grants from

By Dennis Crouch With the sequester, the USPTO has slowed its operation somewhat over the past two months. As a result, fewer patents issued per week in May/June 2013 than in prior months. However ...

Share via E–mail | Twitter | Facebook

post image Copyright levies, computers and printers: court gives the final Wort from

The Court of Justice this morning gave its ruling in Joined Cases C-457/11 to C-460/11 Verwertungsgesellschaft Wort (VG Wort) v Kyocera, Epson Deutschland GmbH, Xerox GmbH, Canon Deutschland GmbH and Fujitsu Technology Solutions ...

Share via E–mail | Twitter | Facebook

News from Abroad: UK Court of Appeal Rules on Interim Injunctions from

The Court of Appeal recently issued a decision concerning the issues that should be considered when granting an interim injunction. The proceedings related to Novartis' product zoledronic acid, which was used to treat osteoporosis. This ...

Share via E–mail | Twitter | Facebook

Wyeth v. Abbott Laboratories (Fed. Cir. 2013) from

By Andrew Williams -- When is it undue experimentation in practicing the full scope of a claim that contains a genus of chemical compounds and a functional limitation of activity, when the specification provides a method ...

Share via E–mail | Twitter | Facebook

Judge keeps Galaxy S4 out of second Apple-Samsung case in California, suggests third lawsuit from

Last month Apple said it wanted to add the Samsung Galaxy S4 smartphone to the second California litigation going on between these two companies. It specified certain patents it considers the S4 to infringe in ...

Share via E–mail | Twitter | Facebook

Federal Circuit Invalidates Prandin Patent Claim As Obvious from

In its third look at the Novo Nordisk A/S patent related to Prandin®, in Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories Ltd., the Federal Circuit affirmed the district court’s finding that claim ...

Share via E–mail | Twitter | Facebook

AMP v. Myriad Genetics, Inc.: Unanimous Supreme Court Limits Patentability of Human Genes from

By Tom Zuber, Jeff Zuber and Mark Bloomberg || In a landmark decision involving genetic testing, the Supreme Court held that simply isolating a naturally-occurring gene is not patent-eligible. In Assn. for Molecular Pathology v. Myriad ...

Share via E–mail | Twitter | Facebook

HTC recently filed two additional lawsuits in Germany to target newer Nokia Lumia phones from

The patent dispute between Nokia and HTC continues to escalate. With Nokia's recently-lodged second ITC complaint against HTC, which is now being investigated, and simultaneous filings in the Southern District of California the number ...

Share via E–mail | Twitter | Facebook

A different SCOTUS decision - touching on intangibles from

In the middle of all the historical Supreme Court decisions this week there was this interesting case that touches upon intangible assets: Sekhar v. United States. In this case, SCOTUS ruled that threatening a person ...

Share via E–mail | Twitter | Facebook

Copyright Levies Can Be Imposed On Sale Of Printers, Computers, EU High Court Rules from

Governments can impose copyright levies on sales of printers and computers, the European Court of Justice (ECJ) said in a 27 June ruling. Related Articles:

Share via E–mail | Twitter | Facebook

Expert’s Concession That Inferior Products May Capture Market Share Does Not Undermine Lost Profits Analysis from

The court denied defendant's post-trial motion for judgment as a matter of law that plaintiff was not entitled to lost profits. "[Defendant] argues that [plaintiff's damages expert] was obligated to conduct a study ...

Share via E–mail | Twitter | Facebook

Microsoft wins release of $100 million bond posted in Google FRAND case to avoid German sales ban from

Last year Microsoft obtained in the Western District of Washington an anti-enforcement preliminary injunction that barred Google's Motorola Mobility from enforcing a set of German permanent, provisionally-enforceable injunctions relating to two H.264 standard-essential ...

Share via E–mail | Twitter | Facebook

Splitting the Difference Between Antitrust and Intellectual Property: FTC v Actavis from

The dividing line between intellectual property and antitrust laws was further clarified last week when the Supreme Court of the United States (SCOTUS) settled a debate on the illegality of Reverse Payment Agreements (RPAs) in ...

Share via E–mail | Twitter | Facebook

Chinese Intellectual Property News – June 2013 from

Hi everyone! Our friends at AFD China have released another great IP newsletter this month, and we've picked out a few highlights for you below: On a recent visit to Switzerland, Chinese Premier Li ...

Share via E–mail | Twitter | Facebook

Alongside Celebration Of New Treaty In Marrakesh, Blind People Demonstrate For Jobs from

As World Intellectual Property Organization delegates were giving their closing statements after today’s adoption of the Marrakesh treaty for the blind that some called a miracle, just outside the door of the Palais des ...

Share via E–mail | Twitter | Facebook

Expanding value of opinion of patent counsel from

An opinion of patent counsel regarding patent infringement is relevant to the intent of an alleged infringer and may be useful to mitigate trebling of damages.  This case expands the value of opinion of counsel ...

Share via E–mail | Twitter | Facebook

ITC Terminates Investigation And Issues General Exclusion Order And Cease And Desist Orders After Finding Violation Of Section 337 In Certain Kinesiotherapy Devices (337-TA-823) from

On June 17, 2013, the International Trade Commission (the “Commission”) issued a notice in Certain Kinesiotherapy Devices and Components Thereof (Inv. No. 337-TA-823).  In the notice, the Commission determined that Respondents LELO Inc.; PHE, Inc ...

Share via E–mail | Twitter | Facebook

ALJ Essex Denies Respondents’ Motion To Compel Privileged Documents In Certain Optoelectronic Devices For Fiber Optic Communications (337-TA-860) from

On June 12, 2013, ALJ Theodore R. Essex issued the public version of Order No. 12 (dated April 17, 2013) in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same (Inv ...

Share via E–mail | Twitter | Facebook

ITC Launches Pilot Program Using Early Disposition Of Key Issues To Lessen Litigation Costs from

On June 24, 2013, the International Trade Commission (“ITC” or the “Commission”) issued a press release stating that the Commission has launched a pilot program “to test whether early rulings on certain dispositive issues in ...

Share via E–mail | Twitter | Facebook

Applicant loses at PTAB in Chavin case from

In Ex parte CHAUVIN. PTAB affirmed rejections for indefiniteness and for obviousness.

As to indefiniteness:

The Examiner rejects claim 35 under 35 U.S.C. § 112, second
paragraph, as being indefinite, since “Claim 23 lacks ...

Share via E–mail | Twitter | Facebook

HP loses in Ex parte Nguyen from

Hewlett-Packard got a mixed decision on indefiniteness in Ex parte Nguyen. but lost overall because of a sustained obviousness rejection.

HP won on indefiniteness on claim 4. HP used the problematic word "substantially" in a ...

Share via E–mail | Twitter | Facebook

Applicant wins reversal on obviousness in Hansted from

Principles of law cited in Ex parte HANSTED :

“In proceedings before the Patent and Trademark Office, the
Examiner bears the burden of establishing a prima facie case of obviousness
based upon the prior art.” In ...

Share via E–mail | Twitter | Facebook

Woods loses on obviousness in silver/wound dressing case from

From Ex parte Woods

We agree with the Examiner (Ans. 10-11) that the references need not
recognize the problem solved by Appellant. In re Kemps, 97 F.3d 1427,
1430 (Fed. Cir. 1996); In re ...

Share via E–mail | Twitter | Facebook

HP loses in Ex parte Chen from

from within Ex parte Chen

A representative claim:

A method of forecasting a goal in a
principal-agent environment, comprising:

providing an agent with a menu of incentive
contracts each having a respective parameter
values comprising ...

Share via E–mail | Twitter | Facebook

Some content © 2007–2014 RPX Corporation.
Terms of Service & Privacy Policy
For DMCA requests contact