Patent & IP news for April 15, 2014

Patent Litigations



Patent & IP Blogs

post image Why No Patent Revivals? from

By Dennis Crouch Once a patent issues, the patentee must pay a regular maintenance fee to keep the patent in force. The PTO offers a six-month grace period following the due date where the maintenance ...

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post image Danisco DJ Revived; Pre-Issuance Conduct Counts in “War Over Patents” from

A previous post discussed the dismissal of Danisco‘s declaratory judgment action against its rival Novozymes.  As described by the San Francisco district court decision, the Danish companies are “reputedly the two major competitors in ...

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post image Apple Seeks $2.2 Billion in Damages from Samsung from

The 2nd trial between Apple and Samsung is 5 days in, Apple is seeking $2.2 billion in damages from Samsung for alleged infringements of 5 of Apple’s patents. Apple filed Apple Inc. v ...

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post image After 3 years of patent litigation, Apple and Samsung should settle for $3 and $1 per unit from

Three years ago to the day, Apple filed its original California patent infringement complaint against Samsung. On the occasion of this anniversary, here's a scan of the cover sheet with the date stamp (click ...

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post image Threateners don’t fret, your concerns may just have been met… from

A peculiarity of intellectual property law is those provisions which make it actionable in itself to threaten bringing infringement proceedings against another party. These provisions, which apply to claims of trade mark, patent and design ...

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Hoffman-La Roche Inc. v. Apotex Inc. (Fed. Cir. 2014) from

By Michael Greenfield -- Last Friday, the Federal Circuit issued an opinion in Hoffman La-Roche Inc. v. Apotex Inc. that is a cautionary tale of patent lifecycle and the difficulties those seeking to extend patent protection ...

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UPDATE - Declaration on Patent Protection by MPI Now Online from

Blogmeister Jeremy reported yesterday that the Max Planck Institute for Innovation and Competition was about to issue a Declaration on Patent Protection.  Hearty Katpat to Kat Emeritus and ongoing Katfriend Matthias Lamping for alerting the ...

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Tuesday Tiddlywinks from

Authors Guild files appeal against Google. Do you remember the Google Books copyright litigation saga? As this Kat reported back in December, it is still far from being concluded. Following the late 2013 summary judgment ...

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UPOV Approves ARIPO Draft Legislation Spreading Plant Variety Protection To Africa from

The African Regional Intellectual Property Office last week obtained a positive decision at the international level on its draft law to protect new varieties of plants. Amid protest from civil society, the regional office now ...

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Infringement Contention Identifying Products by “Standard” or “Series” is Insufficient from

The court granted plaintiff's motion to strike the reports of defendant's infringement experts as to newly identified products. "[I]dentifying products 'that include DDR3 SDRAM memory' or otherwise practice the JEDEC standard is ...

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Individual Inventors, Corporate Owners from

By Dennis Crouch: Professor Orly Lobel has an excellent Op-Ed in today’s New York Times titled “My Ideas, My Boss’s Property” that highlights her work on how non-compete agreements stifle performance. This work ...

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Substantial Unresolved Issues Unravel Preliminary Injunction from

By Dennis Crouch Vasculary Solutions v. Boston Scientific (Fed. Cir. 2014) In a one-paragraph non-precedential decision, the Federal Circuit has vacated the district court’s preliminary injunction. A preliminary injunction is a ‘drastic and extraordinary ...

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Trolls as owners of large numbers of patents? from

In an article about patent trolls, the Pittsburgh Post-Gazette states that patent law suits by non-practising universities are NOT trollish in nature:

Not all suits brought to fight patent infringements are trollish in nature, Mr ...

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Takeda Part One: Prelude To Disaster? — Takeda Can’t Narrow Its Broadly-Written Litigation Hold from

An opinion from Judge Rebecca Doherty in In re Actos (Pioglitazone) Products Liability Litigation, MDL No. 11-2299, provides valuable lessons on the consequences of drafting overly-broad litigation hold notices, as well as the importance of ...

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Are cyanobacteria deemed microorganisms under TSCA? from

from within -- Finding Promise in Pond Scum: Algal Biofuels, Regulation, and the Potential for Environmental Problems --, 42 Tex. Envtl. L.J. 59 (2011) :

EPA has extended TSCA oversight to commercial and research activities involving microorganisms ...

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ITC Issues Public Version Of Opinion In Certain Audiovisual Components (337-TA-837) from

On March 26, 2014, the International Trade Commission (the “Commission”) issued the public version of its opinion finding no violation of Section 337 in Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837 ...

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Off-the-Record Examination: Is Conventional Wisdom Wrong? from

By Dennis Crouch Interview summaries. In a recent post, Professor Chao discussed the common practice of examiner interviews where the patent attorney discusses outstanding issues with the patent examiner. No transcript or recording of the ...

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