Patent & IP news for October 22, 2013

Patent Litigations



Patent & IP Blogs

post image September employment data from

The delayed employment numbers for September were released by BLS this morning and, once again, indicate positive but little changed economy. The unemployment rate ticked down by 0.1% to 7.2% and payrolls grew ...

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post image Post-publication amendment of judicial rulings: Schutz v Werit revisited from

In Schutz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 16,, decided by the UK Supreme Court on 13 March 2013 (and noted here on PatLit) laid out some important guidance on when the provision ...

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post image 'Intention to target' is dead, long live 'intention to target'? A Kat reflects from

Thinking of Pinckney
or that fabulous pair of shoes instead? 
A few weeks have passed since the Court of Justice of the European Union (CJEU) delivered its decision in Case C-170/12 Pinckney (Katpost here ...

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post image Still on Pinckney, the CJEU, offline distribution and Latin mottos from

Ian is simply the best
at telling Brussels I-related jokes 
Private international law as applied to online IP infringements is notoriously a topic for endless discussions, whether during social gatherings or within more formal settings ...

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post image Another Means-Plus-Function Patent: Invalid as Indefinite from

By Dennis Crouch Ibormeith IP v. Mercedes-Benz (Fed. Cir. 2013) Ibormeith's patent covers a "sleepiness monitor" intended to sense when a vehicle driver is getting sleepy. This is obviously an important topic that results ...

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Patentgate: Apple urges court to impose "severe sanctions" on Samsung, which contradicts Nokia from

Today at 1:30 PM Pacific Time the United States District Court for the Northern District of California will hold an Apple v. Samsung sanctions hearing relating to the "Patentgate" scandal involving improper disclosures of ...

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Polish Ministry Plans IP Reform – To Shift Rights From Universities To Researchers from

Poland’s Minister of Science and Higher Education Barbara Kudrycka has announced plans to modify Poland’s intellectual property law by providing scientists with property rights to the results of their research.Related Articles:

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Interpreting the IPR Deadline; Conflicting PTAB Decisions; and Appealing Nonappealable Decisions from

By Dennis Crouch St. Jude Medical v. Volcano Corp. (PTAB 2013) This PTAB decision is important for a number of reasons. First, as a rule of substantive law, the decision announces a new interpretation of ...

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Revenge of the Trolls: Back to Square One for Apple from

“To live is to war with trolls,” said Henrik Ibsen. Well, Apple Inc (“Apple”) has recently reached an impasse in its war against patent holding firm or “patent troll” Lodsys, LLC. On September 24, 2013 ...

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Appellants win on indefiniteness, but lose on 101 from

Ex parte Weber

As to 112 P 2

In essence, the limitation with
respect to the graphical representation
is extremely broad
in scope. Merely
that a claim is broad does not
mean that it is ...

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25% Enhancement For Ongoing Royalty from

Following a jury verdict of $7,500 per device, the court granted in part plaintiff's motion for an ongoing royalty of $9,375 per device. "Although [defendant] argues that it is far along in ...

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UPOV Holds Weeklong Meetings As Civil Society Publishes Restricted Documents from

This week the International Union for the Protection of New Varieties of Plants (UPOV) is holding the annual meeting of its governing body, and preparatory meetings leading up to it. A seminar also is being ...

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Sign Of The Times: USTR Press Events 100 Percent Closed To Press from

How sensitive is US trade? Perhaps as an indication of its approach to the press, the United States Trade Representative's office yesterday published its weekly "press week ahead" full of events that would be ...

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A New Model For Internet Governance Is In The Air from

Brazilian Minister of Communications Paolo Bernado Silva, during the opening session of this week's 8th Internet Governance Forum in Bali, Indonesia, announced the goal of the Internet Governance Summit in Brazil next spring will ...

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Trico Files New 337 Complaint Regarding Certain Windshield Wipers from

On October 21, 2013, Trico Products Corp. of Rochester Hills, Michigan (“Trico”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that Federal-Mogul Corp. of Southfield, Michigan ...

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Summary judgment of indefiniteness in 112 P6 claim affirmed by CAFC from


The issue:

Ibormeith IP, LLC, the as
signee of U.S. Patent No.
6,313,749, appeals a district court’s
grant of summary judgment of indefiniteness ...

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Patent trolls, again from

from an article by Jeff John Roberts titled Troll sues New York Times with 1998 patent from Holocaust group

In this case, the patents in question were granted to the Shoah Foundation, a non-profit launched ...

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