Patent & IP news for November 27, 2013

Patent Litigations



Patent & IP Blogs

post image BREAKING NEWS: specific blocking injunctions are OK but general filtering is against EU law, says AG Cruz Villalón from

Big news for fans of all things EU copyright. Advocate General Cruz Villalón has just issued his much-awaited Opinion [not yet available in English] in Case C-314/12 UPC Telekabel Wien (press release here), a ...

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post image Time to train Europe's new patent judges -- but how? from

Cats make excellent trainers.  In the picture above, Bubbles teaches a human how
to hold a hoop steady with just one hand so that she can jump through it
Reality asserts itself. This Kat has ...

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post image Injunctions are harder to get than ever from

Injunctions are harder to get than ever Traditionally, conjunctive relief was obtained as a matter of right in a patent infringement case.  The courts reasoned that since the patent gives the owner a right to ...

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post image A tale of of tears and jerks: It's a Wonderful Life Plus 70 from

It's a Wonderful Life:
a truly uplifting movie
"Wonderful!" is an overworked word in many people's vocabulary, though it's unusual to hear it deployed nowadays in contexts that indicate fullness of wonder ...

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post image Lengthy litigation, short shrift: Court of Appeal unmoved by SAS appeal from

Much ado about ... not so much?  SAS Institute Inc v World Programming Ltd [2013] EWCA Civ 1482 is a Court of Appeal, England and Wales, ruling from last week on an action that seems to ...

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post image Coming soon to a country near you: the McGebrauchsmuster from

Merpel, like the IPKat, is always happy to dispense unsolicited advice -- but it's even nicer when someone asks her opinion.  That's why she was so happy to receive earlier this afternoon the following ...

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Patients Push Back on FDA Threats to 23andMe Genetic Testing Products from

By Kevin E. Noonan -- In a petition published on the "We the People" portion of the White House website, a group of self-titled healthcare consumers call for the Obama Administration to overrule the FDA and ...

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News from Abroad: UKIPO Decides on Correct Term of an SPC from

A recent UKIPO decision will extend the term of SPCs by a few days. The decision concerned Genzyme Corporation's product colesevelam hydrochloride, which was the subject of an SPC. Genzyme disputed the term of ...

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When a party can't slip out of proceedings from

Teva Pharma BV and Teva UK Ltd v Amgen Inc and Amgen Manufacturing Ltd [2013] EWHC 3711 (Pat), a Patents Court, England and Wales, ruling of Mr Justice Arnold this morning, is not yet available ...

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BRICS Launch Their Own Plan For IP Cooperation; India Defends Itself from

Developing countries have been under pressure for years to join the global intellectual property system established by developed countries, and they have been doing so gradually. But now the leading emerging economies have taken matters ...

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Improving the Patent Law Lottery by Reforming Damages from

A key feature of any patent system is the right of enforcement available for infringement. Of the various recourses available in Canada, damages are the default remedy. Care is therefore necessary to ensure the correct ...

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India's antitrust authority investigates Ericsson's royalty demands for standard-essential patents from

I wasn't going to do any other post this week than a preview on next week's Oracle v. Google Android-Java appellate hearing (and something very brief on an Apple v. Samsung order), but ...

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Law School Professors Weigh in on Troll Debate from

On Monday, a group of some 60 law school professors from across the country formally joined the debate on the perceived abuses by Patent Assertion Entities (“PAEs”), or so-called patent trolls.

The Professors signed a ...

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Timorous statement in specification fails written description from

Appellant lost in Ex parte Darcy with PTAB stating

Merely listing one way, or even many ways, to achieve a result does not always apprise one of ordinary skill in the art of all ways ...

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Constitutional Challenge to Administrative Patent Challenges – Part III from

By Dennis Crouch Consumer Watchdog v. Wisconsin Alumni Research Foundation (WARF) (Fed. Cir. 2013) A major limitation on judicial power comes from the doctrine of standing. A U.S. court has no power to hear ...

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Inovia Travels: IPBC Singapore 2013 from

We were delighted to have two members of our team make the trip to Asia last week, marking our second consecutive year at the IP Business Congress (IPBC) conference. The IPBC is an event hosted ...

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MVS Filewrapper® Blog: Flawed Evidence Undercuts "Charbucks" Trademark Suit from

In Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., the U.S. Court of Appeals for the Second Circuit affirmed a district court’s decision denying injunctive relief in Starbucks’ trademark case against Black Bear ...

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EU Commissioner Defends Investor-State Provisions; NGOs Propose “Alternative Trade Mandate” from

European Union Trade Commissioner Karel de Gucht today (27 November) defended the inclusion of an investor-state dispute settlement provision in the Transatlantic Trade and Investment Partnership (TTIP). De Gucht argued the out-of-court settlements allowing private ...

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ALJ Lord Grants Motion To Amend Infringement Contentions In Certain Two-Way Global Satellite Communication Devices (337-TA-854) from

On November 25, 2013, ALJ Dee Lord issued the public version of Order No. 21 (dated November 4, 2013) in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854). By way ...

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Myriad Genetics Sues Invitae over BRCA Gene Testing and Invitae Sues Right Back from

By Kevin E. Noonan -- The latest company targeted by Myriad Genetics for offering a genetic diagnostic test encompassing the human BRCA 1 and BRCA 2 genes is Invitae Corp. located in San Francisco. Myriad sued ...

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