Patent & IP news for July 17, 2013

Patent Litigations



Patent & IP Blogs

post image Lookalikes: what is their impact -- and what can be done? from

The IPKat thinks it is a great pity that the response of the British Brands Group (BBG) response to the Intellectual Property Office's report, "The Impact of Lookalikes: similar packaging and fast-moving consumer goods ...

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post image Art vs Personality right: German rapper Bushido causing "stress for no reason"? from

From Germany comes the news that Berlin's mayor Klaus Wowereit has filed legal action against a new song by German rapper Bushido: "Stress ohne Grund" ("Stress for no Reason").  The news has prompted German ...

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Court Report - Part II from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Aptalis Pharma US Inc. et al. v. Mylan Pharamaceuticals, Inc. et al. 3:13-cv-04158; filed July ...

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New Patent Litigation Bill Introduced in House from

By Donald Zuhn -- Last week, Rep. Hakeem Jeffries (D-NY) introduced the "Patent Litigation and Innovation Act of 2013" (H.R. 2639) in the House. The bill, which would add procedural requirements for patent infringement suits ...

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Process Set For 2014 Election Of WIPO Director General; Competition Brewing from

The process for the 2014 election of the director general of the World Intellectual Property Organization is now available. And according to sources, the incumbent may have some competition for the post. Related Articles:

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Where's the DoJ? Samsung takes extortionate position against Apple in new ITC filing from

As expected, the Office of Unfair Import Investigations (OUII, commonly referred to as the "ITC staff") and Samsung oppose Apple's motion to stay the ITC's remedial orders over a FRAND-pledged standard-essential patent (SEP ...

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PTAB reverses obviousness finding in Ex parte Nilsson from

From the beginning of the PTAB decision in Ex parte Nilsson
The examiner did not fare well in Ex parte Nilsson.

We reverse all of the stated rejections. Our reasoning follows.
Under 35 U.S ...

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Applellant loses in Ex parte Gervais from

The appellant did not fare well at the Board in Ex parte Gervais:

The Examiner has the initial burden of establishing a prima facie case of obviousness under 35 U.S.C. § 103. In re ...

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Interflora – The Latest Legal Decision in the Blossoming Google AdWords Debate from

The verdict is in for the lengthy European trade-mark battle between British flower competitors Marks and Spencer (M&S;) and Interflora regarding Google AdWords and trade-mark infringement. Victory goes to the trade-mark holder, Interflora. The ...

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PTAB converts 102 rejection into 103 rejection; Papesch cited from

Within Ex parte Gray, the appellant obtained reversal of a 102 rejection but was handed a 103 rejection.

PTAB cited In re Arkley, 455 F.2d 586, 587-588 (CCPA 1972), for not picking and choosing ...

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Appellant wins on 112 issues, but still loses overall under 103 from

from within Ex parte Glydon

As to written description:

As our reviewing court stated in In re Kaslow, 707 F.2d 1366, 1375
(Fed. Cir. 1983)3:

The test for determining compliance with the written ...

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What is coherent light? Don't rely on attorney argument. from

From Ex parte Jennings

That is, a multi-wavelength laser emits light at multiple wavelengths and the beams emitted from the laser. As discussed in our Decision, we agree with the Examiner that light emitted from ...

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AT&T/Bedminster loses in Ex parte Wright: the hazards of claiming too broadly from

From within Ex parte Wright

We must conclude that the broadest reasonable interpretation of the term “coordinating” encompasses more than just monitoring or controlling content. Transferring the content or otherwise maintaining the communication link between ...

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QUNO: Don’t Forget Small Farmers In WIPO Negotiations from

Small-scale farmers and their role in food security are a “missing element” in the draft articles being reviewed at this week’s negotiations at WIPO, according to a briefing paper issued by the Quaker United ...

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So, Too, a DJ Plaintiff May Be Entitled to Attorney Fees in Exceptional Cases from

According to a recent Central District of California decision, a declaratory judgment plaintiff may be entitled to attorney fees if it prevails on non-infringement in a patent case. Homeland Housewares, LLC v. Sorensen Research and ...

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Islamic Republic of Iran Accedes to Patent Cooperation Treaty from

The Islamic Republic of Iran became the 148th contracting state of the Patent Cooperation Treaty this month, depositing its instrument of ratification on July 4th, 2013. As with all new PCT members, Iran will be ...

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ITC Issues Public Version of Opinion In Certain Electronic Devices Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794) from

On July 5, 2013, the International Trade Commission (the “Commission”) issued the public version of its opinion in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv ...

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ITC May Address Infringement of Standard-Essential Patent Subject to FRAND Commitment from

The Commission rejected respondent's argument that complainant was not entitled to a cease and desist order for its infringed patent for encoding signals in a cellular telephone network because of complainant's FRAND commitments ...

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WIPO Surveys Members On Its Services Provided To Traditional Knowledge Committee from

The Internal Audit and Oversight Division (IAOD) of the World Intellectual Property Organization (WIPO) is conducting an evaluation of the service provided by the WIPO secretariat in support of the committee on traditional knowledge and ...

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People: Transitions In The Global IP Community from

Just as the world of international intellectual property law and policy is ever-changing, so are the faces within it. Below you will find an updated list of the latest people news and IP moves across ...

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Board reverses obviousness when rejection failed to show the combination used "known methods" from

Takeaway: The Applicant appealed an obviousness rejection of a medical infusion pump. The rejection involved combining a mechanism constrained to linear motion with a rotary gear. The Examiner's rationale for the combination: the gear ...

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