Patent & IP news for April 8, 2014

Patent Litigations



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post image News from the USPTO: international cooperation and current efforts to curtail abusive litigation from

The United States Patent and Trademark Office has recently announced the creation of a new Office of International Patent Cooperation (OIPC), to support the on-going process of patent harmonization and the international patent examination system ...

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Senju Pharmaceutical Co. v. Apotex Inc. (Fed. Cir. 2014) from

By Kevin E. Noonan -- Applying the doctrine of claim preclusion (previously termed res judicata), a fractured majority of the Federal Circuit held that prior ANDA litigation to final judgment precluded reassertion of amended claims in ...

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New South Africa IP Policy Unlikely Before May Elections from

South Africa’s upcoming general elections on 7 May have thrown a spanner in the works of the much-anticipated national draft intellectual property policy from coming into effect anytime soon.Related Articles:

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Apple demands 20 times more for a patent from Samsung ($12.49) than from Motorola ($.60) from

We're approaching the end of Apple's case-in-chief in Apple v. Samsung II. Rutgers law professor Michael Carrier has noted on Twitter that the first week of this trial did not go as well ...

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Patent Valuation Based on Cross-License Settlement Agreement Excluded from

The court granted in part plaintiff's motion in limine to exclude the valuation of an agreement "which settled prior patent litigation under the [patent-in-suit] . . . and included non-exclusive, cross-licenses." "[Plaintiff] argues that the potential probative ...

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FBI issues warning about possible Russian theft of intellectual property from

In a post titled FBI says Russians out to steal technology from Boston firms, but evidence is thin, Kyle Alspach wrote

In an extraordinary warning issued to technology companies in Massachusetts, the FBI’s Boston ...

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Claiming Priority to Provisional Applications from

By Dennis Crouch An ever increasing proportion of US-based patent applicants rely upon provisional patent applications. For many, a provisional application is seen as a low-cost mechanism for claiming a priority date and for delaying ...

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EU Data Retention Directive Declared In Violation Of EU Law from

European data retention has to be rolled back after a clear judgment of the Grand Chamber of the European Court of Justice in Luxemburg today.The highest EU Court ruled that the directive which obliges ...

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Appellant loses in Ex parte Belvin from

The appellant lost on anticipation, with the help of some rather broad claim constructions.

“A single prior art reference that discloses, either expressly or
inherently, each limitation of a claim invalidates that claim by anticipation ...

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Appellant loses in Ex parte Probert from

PTAB cites an 1875 Supreme Court decision Roberts v. Ryer on the point that an inventor of a machine is entitled to all uses to which it can be put, whether the inventor conceived of ...

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UPOV To Examine ARIPO Legislation On Plant Variety Protection from

Several committees of the International Union for the Protection of New Varieties of Plants (UPOV) will meet this week. One of them is called to assess a draft legal framework on plant variety protection from ...

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ALJ Bullock Grants Motion To Compel Production Of Samples In Certain Antivenom Compositions (337-TA-903) from

On April 4, 2014, Chief ALJ Charles E. Bullock issued the public version of Order No. 17 (dated March 14, 2014) in Certain Antivenom Compositions and Products Containing the Same (Inv. No. 337-TA-903).  In the ...

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ALJ Pender Denies Motion For Summary Determination Of Invalidity In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890) from

On March 26, 2014, ALJ Thomas B. Pender issued Order No. 14 (dated March 18, 2014) denying Respondents’ motion for summary determination of invalidity of U.S. Patent No. RE 44,453 (“the ‘453 patent ...

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Was Elias Howe a patent troll? from

There was another issue in the story by Susan Decker for Bloomberg on patent trolls. It relates to Decker's reference to Elias Howe, considered by some patent reformers as an early example of a ...

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