Patent & IP news for December 9, 2013

Patent Litigations



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post image When Volvo met Solvo: a lesson in EU trade mark law from

Case T‑394/10, Elena Grebenshikova v OHIM, Volvo Trademark Holding AB intervening, is a fascinating decision of the General Court of the European Union (Third Chamber) on 5 December.  If any readers have a ...

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post image Brett Trout Designated Des Moines Patent Law “Lawyer of the Year” from

Five Years Running For the fifth year in a row, Brett J. Trout has been selected by his peers for inclusion in the annual edition of The Best Lawyers in America®. For 2014, Mr. Trout ...

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post image Of principles and plain packaging: is infant formula different from tobacco? from

Legal in South Africa?'Plain packaging' of tobacco products is a subject which many readers of this weblog feel has been covered to the point of exhaustion, if the email he receives from some of ...

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post image Unified Patents Court - One Hurdle Cleared; Many more to go... from

This moggy has been posting a lot about the Unified Patents Court (and indeed the Unitary Patent) this year.  He tries not to post every little development, but now a few have come along and ...

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Deposits for provisional enforcement of Mannheim patent injunctions to become interest-free from

In April 2012 I reported on the significant interest costs that deposits made for the provisional (i.e., before resolution of all appeals) enforcement of patent injunctions cause to the German federal state of Baden-Wurttemberg ...

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European Commission rightly doubts adequacy of Samsung's antitrust settlement proposal from

Reuters just reports that European Commission Vice President Joaquín Almunia "told a business conference" that "Samsung may have to improve" the antitrust settlement proposal that was submitted to a market test in October with respect ...

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Panel: Protection Of Handicrafts Gains Global Interest; Challenges Persist In The South from

On the side of a World Intellectual Property Organization meeting last week working to revise a treaty protecting appellations of origin and soon to include geographical indication, a seminar hoping to generate economic interest in ...

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Revised WIPO Treaty On Appellations Of Origin On Course, Chair Says from

Members of an international treaty administered by the World Intellectual Property Organization protecting appellations of origin last week worked on a draft treaty revision, which now includes geographical indications. Treaty signatories aim to hold a ...

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Supreme Court to Address Patent Eligibility of Software from

2014 could be a landmark year for the important question of whether software can be patented, and if so in what situations. After the Federal Circuit issued a highly-fractured non-decision on software patent-eligibility in CLS ...

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CBS Sunday Morning on Dec. 8, 2013 from

CBS Sunday Morning on Dec. 8, 2013 included How Nelson Mandela became the man we knew

Almanac: Diego Rivera born Dec. 8, 1886.


Ethan Hawke

Moment of Nature: Elephants in Kruger National Park.

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CD California affirmed by CAFC in Futurewei v. Acacia from

From Futurewei v. Acacia

The district court dismissed count 11 for failure to state a claim. Noting Huawei’s “conclusory allegation” that the parties to the license agreement intended Huawei to benefit from it, the ...

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KiOR CFO John Karnes resigned on December 1, 2013 from

See the post KiOR's CFO Takes a Hike With No Advance Notice

KiOR was pushing something called Biomass Fluid Catalytic Cracking (BFCC) , stated to be related to fluid cat cracking.

KiOR announced a $100 ...

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Mixed decision in Ex parte May from

from Ex parte May

As to teaching away

Appellants’ argument does not persuade us that the Examiner’s conclusion is unfounded. A reference is said to “teach away” from a claimed invention when it “suggests ...

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Loss under 35 USC 101 dooms appellant in Shaper from

In Ex parte Shaper, all 20 claims were found not patentable under 35 USC 101, even though appellant prevailed on 112 P2 issues.

We note that claim 1 does not require that the computer perform ...

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Appellant prevails in Ex parte NOGUCHI from

from Ex parte NOGUCHI

A number of elements and steps are discussed in the twenty three paragraphs cited by the Examiner. It is not apparent to us what particular elements of Yasuhiro the Examiner considers ...

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Supreme Court to Review CLS Bank from

Last week, the Supreme Court granted certiorari in CLS Bank v. Alice Corp.  This was the case where the 10 member en banc Federal Circuit could not garner sufficient votes for any kind of precedential ...

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Plaintiff’s President Ordered to Produce Discovery Regarding Prior Representation of Defendant from

The court granted in part defendants' motion to compel plaintiff to produce documents regarding its members' prior representation of defendants. "[T]he Court is troubled by the notion of an attorney defending a client against ...

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Supreme Court to Take Case on Patentability of Software from

On Friday, the Supreme Court granted a writ of certiorari in Alice Corp. v. CLS Bank Int’l (Docket No. 13-298). In this case, the Court will take up the issue of:

Whether claims to ...

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Patent Wars III: Return of the iPhone from

In the most recent iteration of the titanic intellectual property battle between technology giants Apple Inc. and Samsung Electronics, apple took home a $290 million jury verdict. The case (Apple Inc. v. Samsung Electronics Co ...

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Despite Global Economic Gloom, IP Registration Boomed In 2012 from

China is on top again - for rapid growth in intellectual property filings.Defying global economic turmoil, the big headline from the 2013 World Intellectual Property Indicators released today, shows that China topped the charts when ...

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US House of Representatives Passes Innovation Act from

On December 5, 2013, the House of Representatives took a further step towards patent reform by passing the Innovation Act by a 325-91 vote. Designed to improve the US patent landscape, the Innovation Act contains ...

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ALJ Shaw Grants Motion To Compel In Certain Crawler Cranes (337-TA-887) from

On December 4, 2013, ALJ David P. Shaw issued the public version of Order No. 9 in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887). According to the Order, Complainant Manitowoc Cranes, LLC (“Manitowoc ...

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WIPO, OECD, Lessig Hail CC 3.0 Intergovernmental Licence from

The World Intellectual Property Organization has issued a press release hailing the completion of a Creative Commons licence for intergovernmental organisations (IGOs) to offer their published material for others to share with minimal restrictions. WIPO ...

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ALJ Gildea Denies Summary Determination Regarding Unclean Hands And Standing In Certain Integrated Circuit Devices (337-TA-873) from

On December 3, 2013, ALJ E. James Gildea issued the public version of Order No. 34 (dated November 14, 2013) in Certain Integrated Circuit Devices and Products Containing the Same (Inv. No. 337-TA-873). According to ...

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ALJ Bullock Terminates Investigation As To Wheel Warehouse In Certain Tires (337-TA-894) from

On December 3, 2013, Chief ALJ Charles E. Bullock issued Order No. 14 in Certain Tires and Products Containing Same (Inv. No. 337-TA-894). In the Order, ALJ Bullock granted Complainants Toyo Tire & Rubber Co., Ltd ...

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New Leaked Documents Show Tough Road To Completion Of TPP from

The far-reaching Trans-Pacific Partnership agreement may be even more ambitious than previously thought. A newly leaked alleged recent memorandum and chart giving a rare view of country positions from inside the closed negotiating room showed ...

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