Patent & IP news for December 2, 2013

Patent Litigations



Patent & IP Blogs

post image The US steers towards a 'differential approach' to pharmaceutical IPR issues in the Trans-Pacific Partnership from

The draft IP chapter of the Trans-Pacific Partnership Agreement (TPP) was promptly analyzed in a series of posts published on the IPKat (general provisionscopyright, trademarks, and, of course, patents). Among the provisions dealing with ...

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post image Australian Plain Packaging law anniversary and UK developments from

Sunday 1st December 2013 marked the first anniversary of the implementation of standardised tobacco packaging in Australia.
While a couple of EU countries said they would consider the adoption of standardized packaging earlier this ...

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Fact Issues as to Validity Preclude Willfulness Claim from

The court granted defendant's motion in limine to preclude evidence of willfulness at the jury trial. "The court notes that its order denying summary judgment that the [patent-in-suit] is not anticipated and nonobvious held ...

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Happy Birthday to Whom?: New Litigation Challenges Copyright Ownership in “the World’s Most Popular Song” from

Most members of the public might be surprised to hear that “Happy Birthday to You” is apparently still subject to copyright protection in the United States, let alone that it is the subject of litigation ...

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Settlement Does Not Justify Vacating Interlocutory Claim Construction from

The court denied the parties' stipulated motion to vacate the court's claim construction order following their settlement agreement. "[J]udicial decisions are not the property of private litigants, but are 'valuable to the legal ...

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People In IP: Movers And Shakers In The IP World Jostle For Influence from

Just as the world of international intellectual property law and policy is ever-changing, so are the faces within it. There’s a new head of the US Commerce Department who has a bold, IP-friendly agenda ...

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Provisional Patent Application from

A provisional patent application is a patent application that may be filed at the PTO that can be used to establish a filing date or date of invention.  The application expires 12 months from its ...

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Bold IP Moves Enable Microsoft to Lead in Patent Performance from

The inability to dominate in its product lines has not prevented Microsoft from crafting a purposeful IP strategy that has generated billions in patent licensing and enables it to participate other technology businesses’ success. Microsoft ...

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ALJ Gildea Rules On Motions To Compel In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884) from

On November 25, 2013, ALJ E. James Gildea issued the public versions of Order Nos. 37 and 38 (both dated November 14, 2013) in Certain Consumer Electronics with Display and Processing Capabilities (Inv. No. 337-TA-884 ...

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ITC Decides To Review Initial Determination In Certain Wireless Consumer Electronics Devices (337-TA-853) from

On November 25, 2013, the International Trade Commission (the “Commission”) issued a notice determining to review in part the Initial Determination (“ID”) issued by ALJ E. James Gildea on September 6, 2013 finding no violation ...

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MVS Filewrapper® Blog: USPTO Proposes Rule Changes for International Design Applications from

The U.S. Patent and Trademark Office is seeking comments on it proposed rules for implementing the provisions of Title I of the Patent Law Treaties Implementation Act of 2012.  The law is the implementing ...

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ITC Institutes Investigation (337-TA-903) Regarding Certain Antivenom Compositions from

On November 29, 2013, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Antivenom Compositions and Products Containing the Same (Inv. No. 337-TA-903). The investigation ...

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Appellant loses on obviousness in Ex parte Kenoyer from

Within Ex parte Kenoyer , the PTAB sustains an obviousness rejection, citing to Leapfrog, 485 F.3d at 1162 as to not "uniquely challenging or difficult for one of ordinary skill in the art."

The appellant ...

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WTO: Bali Package Still Not Close Enough; TRIPS Issue Likely To Be Agreed from

Even for the “low-hanging fruit,” the 125 ministers gathered in Bali at this week’s World Trade Organization Ninth Ministerial Conference will have to work hard. After talks on food security and subsidisation broke down ...

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Board appeals indefinite preamble positive argument inconsistent from

Takeaway: An Applicant appealed the prior art rejection of a claim to noise reduction electronics. The Applicant argued that the reference didn't teach "wherein the actuator is ... directly mounted on a surface of the ...

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