Patent & IP news for February 24, 2014

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post image CAFC Splits Sharply Over Deference To District Courts on Markman Rulings from

In a February 20 en banc decision, the U.S. Court of Appeals for the Federal Circuit considered the proper standard for reviewing a district court’s claim interpretation. The court ruled 6-4 to retain ...

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post image Preliminary hearing to rule on Merck-y past from

German or Jersey? Merck KGaA v Merck Sharp & Dohme Corp & Others, a Chancery Division, England and Wales, ruling last week from Mr Justice Nugee [don't ask: the Kats haven't come across him either ...

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post image Monday miscellany from

The European Communities Trade Mark Association (ECTA), fresh from its recent Round Table in Alicante, has another Round Table coming up -- this time in Brussels, Belgium. The IPKat learns from his friend and trade mark ...

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post image Watching the watchers: the benefits of IP scrutiny from

"Quis custodiet ipsos customers?" asks Katfriend and occasional contributor Sean Gilday (Page Hargrave, Bristol), betraying at once both his ingenuity and the fact that he is not a Latin speaker from birth. Sean's thesis ...

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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. AbbVie Inc. et al. v. Aurobindo Pharma Ltd. et al. 1:14-cv-00215; filed February 19, 2014 ...

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Conference & CLE Calendar from

February 26-27, 2014 - Pharmaceutical and Biotechnology Patent Life Cycles and Portfolio Strategies*** (American Conference Institute) - New York, NY February 27, 2014 - "Patent Inventorship: Best Practices for Determination and Correction -- Drawing the Line Between Inventor and ...

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Nortel told Google in 2010 it infringed the search patents Rockstar is now asserting against it from

Almost four months have passed since the Rockstar Consortium's "Halloween lawsuits" against Google and seven Android device makers (six at this point, because Huawei has already settled) over former Nortel patents, and at this ...

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Peanut butter pretzel saga from

Maxim Marketing is suing Trader Joe's and Conagra, after Trader Joe's went to Conagra as supplier for its peanut butter pretzels. Maxim was a middle man, getting the pretzels from Conagra and than ...

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Deserving of Attention: The Proposed Abrogation of Civil Rule 84 & the Official Forms from

Guest post by Professor Brooke D. Coleman. (Ed: Professor Coleman is not a patent scholar, but instead focuses her attention generally on civil procedure. I asked her to write this guest post on the form-complaint ...

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Infringement Expert’s “Parroting Claim Language” Not an Acceptable Methodology from

The court granted defendants' motion in limine to exclude plaintiff's infringement expert and his report. "[Plaintiff’s infringement expert] did nothing more than try defendants’ products on various (unidentified) ear molds and state that ...

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Webinar on Functional Claiming from

On Thursday Feb 27, I’ll be participating in my first IPO Webinar hosed by Pamela Sherrid. The event begins at 3PM ET and will focus on the hot topic of “Functional Claiming.” $130 per ...

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Additive Manufacturing as a Disruptive Technology from

Last summer I was invited to give a presentation on Additive Manufacturing to the Standing Committee on Defense Materials Manufacturing and Infrastructure (DMMI) of the National Research Council/National Academies. The presentation opened their workshop ...

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Means-Plus-Function: Invalidity Needs Expert Testimony from

By Dennis Crouch elcommerce v. SAP (Fed. Cir. 2014) Facing another functional claim limitation case, the Federal Circuit here vacated the lower court holding that the means-plus-claims were invalid as indefinite for failing to teach ...

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ALJ Shaw Denies Motion For Summary Determination In Certain Crawler Cranes (337-TA-887) from

On February 20, 2014, ALJ David P. Shaw issued the public version of Order No. 19 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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Infojustice: Graphics Show Rise In US Pharma Exports To India, Patent Grants By India from

Mike Palmedo at writes: "The U.S. International Trade Commission (ITC) is currently investigating “Indian industrial policies that discriminate against U.S. imports… and the effect those barriers have on the U.S ...

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ALJ Gildea Issues Claim Construction Order In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876) from

On February 5, 2014, ALJ E. James Gildea issued the public version of Order No. 53 (dated January 29, 2014) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876).  Due ...

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ITC Terminates Investigation With Finding Of No Section 337 Violation In Certain Wireless Consumer Electronics Devices (337-TA-853) from

On February 19, 2014, the International Trade Commission (the “Commission”) issued a notice terminating the investigation with a finding of no violation of Section 337 in Certain Wireless Consumer Electronics Devices and Components Thereof (Inv ...

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US Calls On Brazil Internet Meeting To Stick To Principles from

The United States, home to the organisation that oversees technical aspects of the internet domain name system, has advice for an upcoming meeting in Brazil aimed at revisiting the global internet governance: consider principles developed ...

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