Patent & IP news for January 30, 2014

Patent Litigations



Patent & IP Blogs

post image Of hockey sticks and disk brakes: claim breadth and added matter from

A katpat goes to Paul England (Taylor Wessing LLP) for writing up an appellate decision published earlier this week on added matter in amended patents which offers a bit of tempting speculation about the breadth ...

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post image Having a bash at cross-undertakings: a boxing dispute in three rounds from

Damages cross-undertaking:
a knock-out blow ...?
Cross-undertakings in support of interim injunctive relief are an increasingly important, and frightening, part of intellectual property law. While it is only right and proper that a defendant who has ...

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post image Why Copydan may become a landmark case for the future functioning of copyright levies in Europe from

Milly can't wait to receive her
early Valentines Day gift:
the Svensson judgment
Yesterday this Kat discovered (thanks to Twitter, in particular @cyberleagle) that the Court of Justice of the European Union (CJEU) will ...

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post image Red bus caught in crossfire of gay/not-gay free speech fracas from

This is NOT an intellectual property case, but nearly could have been ...  Core Issues Trust, R (On the Application of) v Transport for London & Another [2014] EWCA Civ 34 is a fascinating ruling of the ...

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Can an intermediate product anticipate? from

95/000,609 concerning US 7,326,210

See In re Robertson, 169 F.3d 743, 745 (Fed. Cir. 1999) ("Inherency, however, may not be established by probabilities or possibilities. The mere fact that a ...

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Patent Deadlines from

Many new inventors and start-ups attempt to nagivate the patent system on their own to save money.  This is understandable to a certain extent because obtaining a strong patent portfolio is not a cheap endeavor ...

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4th Quarter GDP from

The first look at how the economy did in the 4th quarter of 2013 (and for the full year) is out. According to BEA, GDP grew by 3.2% - generally in line with economists' expectations ...

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Serial Litigation Strategy Resulting in Licensing Fees Below Litigation Costs Does Not Render Case Exceptional from

Following a jury trial, the court denied defendants' motion for attorneys’ fees under 35 U.S.C. § 285 and rejected the argument that plaintiffs engaged in vexatious litigation conduct. "Defendants assert that [plaintiff's] business ...

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Do 35 U.S.C. § 285 awards effectively deter litigation abuse? from

As policy makers continue to discuss patent reform, commentators have opined that 35 U.S.C. § 285 does little to rein in unscrupulous litigation tactics because judges rarely impose the penalty.

A frequently cited statistic ...

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SmartGene v. ABL: Foreshadow of the Supreme Court in CLS Bank? from

By Dennis Crouch SmartGene v. ABL (Fed. Cir. 2014) (nonprecedential) 35 U.S.C. 101 is a foundational patent law statute that defines the scope of patent eligibility. The statute states that: Whoever invents or ...

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ALJ Essex Rules On Motions In Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868) from

On January 22, 2014, ALJ Theodore R. Essex issued the public versions of Order Nos. 88 and 89 (dated January 10, 2014 and January 15, 2014, respectively) in Certain Wireless Devices with 3G and/or ...

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ITC Institutes Investigation (337-TA-909) Regarding Certain Non-Volatile Memory Devices from

On January 29, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Non-Volatile Memory Devices And Products Containing Same (Inv. No. 337-TA-909). The investigation ...

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Year Ahead: Internet Governance After Snowden: Cacophony Of Conferences from

Those interested in internet governance will have to put some money aside for 2014: rarely have there been so many conferences to talk about how to manage core internet resources and develop the common rules ...

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Cresta Technology Files New 337 Complaint Regarding Certain Television Sets from

On January 28, 2014, Cresta Technology Corp. (“CrestaTech”) of Santa Clara, California filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint names Silicon Laboratories, Inc. of Austin, Texas ...

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Positional Conflicts of Interest from

Whenever patent eligibility issues under 35 U.S.C. §101 go up to the Supreme Court for review, I’m often curious how firms, including firms on amicus briefs, advocating for limited interpretation of §101 ...

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