Patent & IP news for November 4, 2013

Patent Litigations



Patent & IP Blogs

post image Time's running out for would-be UPC judges to apply from

Want to be a judge of the soon-to-be-constituted Unified Patent Court? If so, time is running out!  The following announcement appears in the November 2013 issue of the UK Intellectual Property Office's IP Connect ...

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post image The UPC - Opt-out dangers: lessons from limitation; dual jurisdiction complexities from

This Kat continues to think about the Unitary Patent and the Unified Patent Court.  It just won’t go away, and he fears that there will be no escaping the topic for years to come ...

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post image Documents as such are no Pleas or Arguments from

In the decision X ZR 19/20 “Tretkurbeleinheit” discussed a few days ago here, the German BGH provides a very interesting discussion on the nature and role of pleas and arguments in a patent nullity ...

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post image Keep Records of your Search Queries from

In the matter X ZR 19/12 “Tretkurbeleinheit”, the German BGH had to decide on a new means of attack based on a certain document D7 submitted with the grounds of appeal in the 2nd ...

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post image More copyright questions -- and who is Labianca? from

It's copyright question-and-answer time again. Case C-516/13 Dimensione Direct Sales et Labianca is a reference for a preliminary ruling which the German Bundesgerichtshof has requested from the Court of Justice of the European ...

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Conference & CLE Calendar from

November 4-5, 2013 - FDA Boot Camp Devices Edition*** (American Conference Institute) - Chicago, IL November 4-5, 2013 - Trade Secrets: Protecting Your Intellectual Capital and Confidential Business Information*** (American Conference Institute) - Chicago, IL November 6-8, 2013 - 2013 ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Teijin Ltd. et al. v. Dr. Reddy's Laboratories Ltd., et al. 1:13-cv-01780; filed October ...

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Amicus Curiae Briefs in Support of Federal Circuit Opinion in Medtronic Inc. v. Boston Scientific Corp. from

By Andrew Williams -- "In the modern economy, licensing of intellectual property rights is a widespread and essential activity." Those are the opening lines from the amicus curiae brief submitted by the Intellectual Property Owners Association ...

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Samsung and Nokia extend patent license agreement for five years -- scope unclear for now from

Nokia just issued a press release announcing an extension of its patent license agreement with Samsung for five years:

Samsung extends the patent license agreement between Nokia and Samsung for five years; companies will enter ...

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UK Implements Copyright Term Extension From 50 to 70 Years from

The United Kingdom has announced the implementation of new rules that extend the term of copyright for sound recordings and performers rights in such recordings from 50 to 70 years.Related Articles:

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Licensing Practices Not Protected from Discovery by Attorney-Client Privilege from

The court granted in part plaintiff's motion to compel the production of licensing documents defendant withheld as privileged. "Plaintiff requests 'All Documents Relating To [defendant’s] corporate licensing policy or procedures.” “Defendant claims its ...

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WIPO Extraordinary General Assembly To Meet On 10-12 December from

The World Intellectual Property Organization has scheduled an Extraordinary General Assembly from 10-12 December, in order to complete unfinished work from the annual WIPO General Assembly in September.Related Articles:

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ALJ Gildea Grants-In-Part Motion To Compel In Certain Microelectromechanical Systems (337-TA-876) from

On October 28, 2013, ALJ E. James Gildea issued the public version of Order No. 32 (dated September 20, 2013) granting-in-part Respondents’ motion to compel in Certain Microeletrcomechanical Systems (“MEMS Devices”) and Products Containing the ...

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ALJ Pender Issues Public Version Of Initial Determination In Certain Electronic Devices, Including Mobile Phones And Tablet Computers (337-TA-847) from

Further to our September 23, 2013 post, on October 24, 2013, ALJ Thomas B. Pender issued the public version of his Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond ...

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Proposed WIPO Industrial Design Treaty Hung Up On Technical Assistance from

It was clear at today’s opening of a World Intellectual Property Organization committee on industrial designs that developing countries were standing firm on their request to include mandatory technical assistance and capacity building in ...

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Rudolph Technologies succeeds in appeal to CAFC from

Rudolf Technologies did well in its appeal to the CAFC:

Rudolph Technologies, Inc. (Rudolph)
appeals from the district court’s
judgment that it infringes U.S. Patent
No. 6,118,894 (’894 patent )
. Rudolph challenges ...

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Shasta wins exhaustion argument at CAFC; Quanta discussed from

A patent exhaustion defense doe defendant-appellant succeeded in LifeScan v. Shasta: Because we agree that Shasta has established
that it has a patent exhaustion defense, we reverse.

The CAFC noted:

Before Quanta, the Supreme Court ...

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Did CBS Evening News "get it wrong" on Zephrex-D? from

Last week, around November 1, CBS Evening News did a story titled New pill could solve Missouri's meth problem which included text:

Because of its pasty consistency, Zephrex-D can't be ground into powder ...

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PTAB Finds Counterclaims Alleging Infringement Within § 315(b) and Declines to Institute Inter Partes Review of Cardiovascular Diagnostic Device Patent from

St. Jude Medical, Cardiology Division, Inc. v. Volcano Corp., IPR2013-00258 (PTAB) by Robert F. Kappers and Herbert D. Hart III On October 16, 2013, the Patent Trial and Appeal Board issued a decision denying the ...

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