Patent & IP news for October 29, 2013



Patent & IP Blogs

post image 50 Shades of Green: the new prawnography? from

Via Katfriends Mark Cruickshank and Gill Grassie (from the IP Dispute Resolution Team, Brodies LLP, located somewhere to the North of Hadrian's Wall but South of the Arctic Ocean) comes news of a bonny ...

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post image Trademark Trial and Appeal Board Practice: A Comprehensive Review- Book Review from

Trademark law is a staple of any intellectual property attorney’s practice, and should be a topic most independent inventors or business owners are at least familiar with. It is highly likely therefore that these ...

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Defendants' Oppose Myriad's Motions to Dismiss Antitrust Counterclaims from

By Kevin E. Noonan -- In responding to Myriad Genetics' complaint for patent infringement, both Ambry Genetics and Gene-by-Gene asserted counterclaims under the Sherman Antitrust Act, predicated on Myriad's filing its patent infringement lawsuit. Myriad ...

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Innovation Protection Act of 2013 from

by Dennis Crouch We have been discussing pending legislation in Congress. On October 29, House Judiciary Committee Ranking Member Conyers (D-Mich.), IP Subcommittee Ranking Member Watt (D-N.C.), and Congressman Doug Collins (R-Ga.) introduced H ...

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Ericsson uses Samsung's designaround tactics from Apple case against Samsung at the ITC from

The most interesting legal -- to be more specific, procedural -- question in the ITC investigation of Apple's complaint against Samsung was the adjudication of designaround products that Samsung, but not Apple, wanted to be investigated ...

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Google tries to keep the door open to 4G patent attacks on Apple products with Qualcomm chips from

Several new documents were filed yesterday in the Apple v. Motorola Mobility anti-suit action in the Southern District of California, in which Apple is asking the court to bar the wholly-owned Google subsidiary from asserting ...

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Morris cited in "missing element" obviousness case from

from Ex parte Budde

With respect to the Examiner’s 35 U.S.C. § 103(a) rejection of
independent claim 1, Appellants argue (App. Br. 12-16; Reply Br. 2-4) that Kim does not disclose the ...

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Kaufmann wins appeal on obviousness from

from Ex parte Kaufmann

There was a lack of a factual basis for a prima facie case:

Thus, the Examiner has not provided an adequate factual basis for supporting a prima facie case of obviousness ...

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Albrecht loses on anticipation at PTAB from

from Ex parte Albrecht

An issue with a generic class in a claim:

Further, the Decision explains:

Appellants’ assertion that neither Oto nor the Examiner’s reference Ul used sodium hyaluronate as a surfactant misses ...

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Redaction issue in Ex parte Maclean ; 37 CFR 41.6 from

from within Ex parte Maclean

After all, Appellants continue to regard the Declaration and its Appendices as having been redacted from the public record including the Appeal Brief. Accordingly, such redacted evidence that is no ...

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Giving App Away for Free May Constitute Infringing Sale from

The court denied without prejudice defendants' motion for summary judgment of no contributory infringement of plaintiff's mobile device application patents. "[Defendant] moved for entry of judgment as a matter of law . . . on the ground ...

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Appellant Synthes loases at CAFC on written description from

Synthes v. Spinal Kinetics

The district court, at Synthes’ urging, broadly construed the phrase “third plate including a plurality of openings,” which appears in claim 29. The relevant claims, moreover, include broad language added during ...

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Federal Circuit: Patent Claims Broadened During Prosecution Fail Written Description Requirement from

By Dennis Crouch Synthes USA v. Spinal Kinetics (Fed. Cir. 2013) In a split opinion, the Federal Circuit has affirmed the jury verdict that Synthes' asserted patent claims are invalid for lack of written description ...

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Farmers’ Rights At Heart Of Plant Breeding IP Debate; UPOV Ponders New Members, Communication Strategy from

The international organisation providing and promoting intellectual property protection for new plant varieties held the annual meeting of its governing body last week. New member requests were examined while civil society warned against a draft ...

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ALJ Lord Sets 16-Month Target Date In Certain Optical Disc Drives (337-TA-897) from

Further to our October 23, 2013 post, on October 28, 2013, ALJ Dee Lord issued Order No. 3 in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897). According to ...

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ALJ Shaw Sets Procedural Schedule In Certain Point-To-Point Network Communication Devices (337-TA-892) from

On October 28, 2013, ALJ David P. Shaw issued Order No. 9 in Certain Point-to-Point Network Communication Devices and Products Containing the Same (Inv. No. 337-TA-892). In the Order, ALJ Shaw included provisions for the ...

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