Patent & IP news for September 10, 2013

Patent Litigations



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post image Higher Regional Court of Karlsruhe: just a house in the middle of a street.... from

The Higher Regional Court of Karlsruhe (case reference: 6 U 72/12 of 3 June 2013) recently confirmed that domestic premises, such as an apartment building, can attract the copyright protection under German law ...

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post image Federal Circuit Fight Over Patentable Subject Matter Continues from

Last week, a sharply divided panel of the Federal Circuit ruled that certain claims asserted by Accenture were invalid as not directed to patentable subject matter.  Accenture Global Services GmbH v. Guidewire Software, Inc. Accenture ...

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post image Wawrzynski v. H.J. Heinz Company: CAFC Jurisdiction and Preemption of State Law Claims from

By Jason Rantanen The primary issue in this case is whether the Federal Circuit has subject matter jurisdiction over the appeal. The court's analysis of the arguments presented by the parties is solid. However ...

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post image The Library of New York Civil Discovery Forms from

About the Book The “Library of New York Civil Discovery Forms” by the New York Law Journal Press, is a useful, time-saving, and no-nonsense resource that any attorney would be wise to have in their ...

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Lump-Sum Royalty Opinion Not Excluded as “Ruse to Avoid the Entire Market Value Rule“ from

The court denied plaintiff's motion to exclude the report of defendants' damages expert and rejected the argument that the expert's lump-sum royalty opinion was “a ruse to avoid the entire market value rule ...

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Patent Appeal Outcome by Art Unit Groups from

By Dennis Crouch This is a continuation of an analysis of ex parte appeal decision outcomes at the US Patent Office (USPTO). The focus of this post is on individual art-unit groups within the USPTO ...

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U.S. court allows Microsoft to bring motion to bar Google from seeking H.264 royalties in Germany from

A month ago I reported on a Microsoft letter to the United States District Court for the Western District of Washington, asking Judge James Robart for permission to bring a motion to "renew and expand ...

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ITC Decides To Review Initial Determination in Certain Wireless Devices with 3G Capabilities (337-TA-800) from

On September 4, 2013, the International Trade Commission (the “Commission”) issued a notice determining to review in its entirety the Initial Determination (“ID”) issued by ALJ David P. Shaw on June 28, 2013 finding no ...

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ALJ Shaw Rules On Motion To Compel In Certain Omega-3 Extracts From Marine Or Aquatic Biomass (337-TA-877) from

On August 27, 2013, ALJ David P. Shaw issued Order No. 20 in Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (Inv. No. 337-TA-877). According to the Order, Respondents Aker ...

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ALJ Gildea Issues Notice Of Initial Determination In Certain Wireless Consumer Electronics Devices (337-TA-853) from

On September 6, 2013, ALJ E. James Gildea issued a notice regarding issuance of the Final Initial Determination and Recommended Determination on Remedy and Bonding (“ID”) in Certain Wireless Consumer Electronics Devices and Components Thereof ...

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EPO Divisional Deadline – U-Turn Looks Likely from

From Dr. Matthew Barton, a UK Chartered Patent Attorney and European Patent Attorney at Forresters: We have learnt that the EPO has made formal proposals to remove the current two-year time limit for filing divisionals ...

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UK Take on Software Patent Eligibility: Claim Must include Feature that is both Technological and Innovative from

Lantana Ltd. v. UK Comptroller General of Patents, [2013] EWHC 2673 (Pat) Earlier this month, High Court Judge Colin Birss released a new opinion on the European view of software patentability as seen through the ...

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Micrografx sues Google, Motorola, Samsung over vector graphics in Android, Chrome, Google Maps from

Micrografx, a vector graphics software company from Texas acquired in 2001 by privately-held Canadian software company Corel (which markets the product Micrografx was best known for under the "Corel DRAW", previously "Corel DESIGNER" brand), wants ...

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The "big picture" scan dominates analysis of the facts? from

See Holloway blog for further discussion of the buckyball story.

From within the text concerning Baum's 1990 article in C&E; News:

The average reader of a newsmagazine is not a close reader. He ...

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