Patent & IP news for September 13, 2013

Patent Litigations



Patent & IP Blogs

post image Trademarks and co-branding by Android and Kit Kat from

This Kat, a fan of having a break with a Kit Kat bar -- to her knowledge, no endorsement exists with the IPKat -- learned with delight of a certain co-branding deal which found itself at the ...

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post image Clean Tech in Court: Green Patent Complaint Update from

There have been a number of green patent complaints filed in the last several weeks in the areas of biofuels, LEDs, and smart grid.   Biofuels GS Cleantech Corporation v. Aemetis, Inc. et al. GS Cleantech ...

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post image Hi Tech Manufacture and the Hi Tech Ecosystem: Nokia's Cautionary Tale? from

This Kat has occupied himself a bit lately on trying to better understand the recent Microsoft-Nokia transaction, where Microsoft bought Nokia's mobile phone and smart phone business, here. In my mind, however, the real ...

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post image Batting with a straight Bhat: "hot news" doctrine on a sticky wicket from

From the pen of Katfriend Latha Nair comes this guest post on a piece of fascinating, and decidedly hot, legal news from India. It addresses a familiar theme: the extent to which the law protects ...

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USPTO AIA Forum To Be Held On Second Anniversary Of The America Invents Act from

On September 16, 2013–the second anniversary of the America Invents Act (AIA)–the USPTO will host a forum on the AIA at its Alexandria, Virginia campus. The USPTO AIA forum will provide an overview ...

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St. Jude Medical, Inc. v. Access Closure, Inc. (Fed. Cir. 2013) from

By Kevin E. Noonan -- The Federal Circuit revisited the extent of the safe harbor from the judicially created doctrine of obviousness-type double patenting carved out by 35 U.S.C. § 121 in St. Jude Medical ...

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Occasional Preference for Patented Feature Not Sufficient to Invoke Entire Market Value Rule from

The court granted defendants' motion for remittitur and gave plaintiff the option of reducing the damages award from $491,046 to $21,625 or proceeding with a new damages trial. Plaintiff's lost profits evidence ...

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Logical chasm defeats obviousness in St. Jude v. Access Closure from

There was a mixed result in the St. Jude case:

ACI appeals three of the district court’s rulings: (1) that the safe-harbor provision of 35 U.S.C. § 121 protects the Janzen patent from ...

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High Point Design: design patent case from

As to the outcome:

Buyer’s Direct, Inc. (“BDI”) appeals from a final
judgment of the United States District Court for the
Southern District of New York holding BDI’s asserted
design patent invalid on ...

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Teva wins from

We accordingly reverse the district court judgment and
remand with orders to enter judgment in favor of Appellants.

The ’077 patent expired in March of this year, even
before the court held oral argument in ...

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They Invented What? (No. 231) from

U.S. Patent No. 6,206,000:  Canine scuba diving apparatus. I claim: 1. An underwater self-contained breathing apparatus for use by a canine, comprising: a transparent rigid helmet having a skirted opening for the ...

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Friday Foreign Filing Roundup from

Happy foreign filing Friday! Please see below for the latest updates in foreign patent filing news for the week of September 9th: After almost ten years of discussions and planning, China has passed the "Decision ...

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The UPC and what it means for your practice - AIPPI UK Event Report from

This Kat was delighted to be invited to speak at this event last night, as readers will have seen from his previous posts (here and here) on the subject of the Unitary Patent and Unified ...

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Oral Argument Recap: Lighting Ballast Control v. Philips from

Guest Post by Jonas Anderson, Assistant Professor at American University, Washington College of Law. This morning, the Federal Circuit sat en banc in the case of Lighting Ballast Control v. Philips. The case is the ...

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ITC Finds No Violation Of Section 337 In Certain Video Game Systems (337-TA-770) from

On September 12, 2013, the International Trade Commission (the “ITC” or the “Commission”) issued a notice in Certain Video Game Systems and Wireless Controllers and Components Thereof (337-TA-770).  In the notice, the Commission determined to ...

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Patent Infringement Litigation Summit from

Legal iQ (IQPC) will be holding a Patent Infringement Litigation Summit on December 9-10, 2013 in San Francisco, CA. IQPC faculty will help attendees: • Develop in-house expertise to facilitate smart decision-making at threshold moments and ...

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2013 BIO IPCC Fall Conference from

The Biotechnology Industry Organization (BIO) will be holding its 2013 Fall Intellectual Property Counsels Committee (IPCC) Conference on November 6-8, 2013 in Washington, DC. The conference will offer presentations on the following topics: Wednesday, November ...

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News from Abroad: EPO Proposal Would Remove Time Limit for Divisional Filing from

Editor's note: The following notice was reprinted with permission from Forresters. Our August 2013 News item: "EPO divisional deadline U-turn in the offing..." seems prescient. We now learn that the EPO has made formal ...

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