Patent & IP news for October 31, 2013

Patent Litigations



Patent & IP Blogs

post image Patent litigation statistics: a task for do-it-yourself enthusiasts? from

The UK Intellectual Property Office has just released various bits of information sought by individuals under the Freedom of Information Act 2000 and which were supplied in May 2012.  One such request related to patent ...

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post image New non-infringement defense to inducement of patent infringement from

Federal Circuit creates a new defense to inducement of patent infringement In Commil v Cisco (Fed. Cir. June 25, 2013), the patent owner sued the alleged infringer for inducement of patent infringement.  This occurs when ...

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post image ERA unitary patent event to focus on the Rules from

There's an ERA conference coming up soon which should be of considerable interest to readers of this weblog. On 25 and 26 November 2013: "Latest Developments on the EU Unitary Patent" takes place in ...

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post image When wishes turn to ashes: an old musician's aspirations crumble before CTM onslaught from

Was it only yesterday that this Kat commented on the misfortunes that befall the members of old rock groups, in the context of ex-Animals front man Eric Burdon fending off his old drummer's attempt ...

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post image Modernising (Irish) Copyright Katseries #1: The Innovation Exception from

"Aww ... There is nothing like the smell
of copyright reform
thought dreamy Bruce 
"Copyright reform is in the air." These are the inspired and inspiring opening words of the exciting Report released on 29 October ...

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post image Call yourself a Trademark Office? Scammer gets a smack from

Are these the offices of The Trademark Office Ltd? This image comes from its website When Kats get busy, they are only too pleased when their readers come to their aid -- and when Kiera Dale ...

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Trolls Better Watch Out This Halloween -- Senator Hatch Introduces Patent Litigation Integrity Act from

By Andrew Williams -- Just in time for Halloween, Senator Orrin Hatch (R-Utah) has introduced yet another piece of legislation to combat the perceived "patent troll" problem. The Patent Litigation Integrity Act (S. 1612) is aimed ...

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CAFC reverses Board decision in Randall case as "infected by prejudicial error" ; common sense discussed from

From Randall v. Rea, concerning an inter partes re-exam related to bulkheads for trucks:

On appeal,
the Board of Patent Appeals and Interferences (now
the Patent Trial and Appeal Board) reversed, unable to
discern any ...

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Board affirmed by CAFC in Haase from

From In re Haase

The ’849 application had an extensive prosecution history.
Before the application wound its way up to the
Board, it spent nearly six years in front of the Examiner.
During that time ...

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Industry Questions Canadian Courts’ Overturning Of Patents from

In a new blog post, Michelle Wein, research analyst with the Information Technology and Innovation Foundation, criticises a series of decisions by the Canadian courts overturning certain patents based on a re-evaluation of the usefulness ...

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Consent Judgment Should Not Make Findings as to Contested Issues in Related Proceedings from

The magistrate judge recommended that plaintiff's consent motion for judgment and a permanent injunction be denied without prejudice where plaintiff had pending lawsuits involving the same patent-in-suit. "The proposed judgment is troubling in that ...

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Patent Law Bill to Rein in Litigation Abuses . . . (No really)! from

Last week, House Judiciary Committee Chairman Bob Goodlatte (R-VA) introduced H.R. 3309, entitled “Innovation Act,” a 51-page bill proposing a number of significant amendments to the Patent Act (Title 35 U.S.C.). We ...

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Announcing the Winners of Canada’s 2013 IP Writing Challenge from

IP Osgoode and the Intellectual Property Institute of Canada (IPIC) are thrilled to announce the winner of the fifth annual edition of Canada’s IP Writing Challenge: 1. In the Law Student category, the judges ...

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Free software and comparative evaluation in the Italian Public Administration from

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. The age-old question on the use of free and open source software ...

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Warning: do not use political hearing video for a political purpose from

Guest Post By Andrew Dhuey Like most Americans, I watched the House Judiciary Committee hearing on H.R. 3309, the Innovation Act, this past Tuesday. While Members of Congress and witnesses lamented abusive assertions of ...

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ITC Issues Opinion In Certain Video Game Systems and Wireless Controllers (337-TA-770) from

On October 28, 2013, the International Trade Commission (the “Commission”) issued its opinion in connection with its review of ALJ Bullock’s Remand Initial Determination in Certain Video Game Systems and Wireless Controllers and Components ...

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New Patent Bills from

As I noted last week, Rep. Bob Goodlatte (R-VA), chairman of the House Judiciary Committee, introduced the “Innovation Act” that contains a number of draconian provisions that would severely change the way patent litigation is ...

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Modernising (Irish) Copyright Katseries #2: linking & marshalling as exceptions from

Following earlier post on draft "innovation exception" proposed in the Irish Review Committee Report released on 29 October 2013, it is now the turn of examining the proposed provisions on linking and marshalling.
As IPKat ...

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Antigua Preparing to Move Forward with WTO Authorized Rejection of US Copyrights from

By Dennis Crouch Over the past several decades, the US has been at the forefront of pushing through low international trade barriers and strong intellectual property rights. The current scheme is organized through the World ...

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ALJ Bullock Sets 16-Month Target Date In Certain Tires (337-TA-894) from

Further to our September 16, 2013 post, on October 25, 2013, Chief ALJ Charles E. Bullock issued Order No. 5 in Certain Tires and Products Containing Same (Inv. No. 337-TA-894). In the Order, ALJ Bullock ...

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ALJ Shaw Denies Motion To Declassify Identity Of Licensees In Certain Digital Media Devices (337-TA-882) from

On October 28, 2013, ALJ David P. Shaw issued Order No. 26 in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv ...

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AARP Seeks Reduced Data Exclusivity Period in TPP from

By Donald Zuhn -- Last week, in a letter sent to the U.S. Trade Representative, Ambassador Michael Froman, the AARP asked that the U.S. not sign onto the Trans-Pacific Partnership Agreement (TPP) if the ...

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Where Do We Stand? from

By Kevin E. Noonan -- Some of our commenters have asked (with greater or lesser degrees of stridency) that we "take a position" on claims like the Myriad method claims at issue in the lawsuits brought ...

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