Patent & IP news for April 29, 2014

Patent Litigations



Patent & IP Blogs

post image "It felt like ... copyright infringement" from

Here's another guest post by fellow blogger and NY-based attorney Marie-Andrée Weiss (you can check out her previous guest Katpost here) on one of those tricky, sticky, United States cases in which copyright and ...

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post image Stay close, but keep your distance? No paradox really ... from

King's College, London: putting an interesting
slant on the teaching of copyright ...
It's no secret that this Kat has a soft spot for the King's College, London, Distance Learning programmes for copyright ...

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post image Jay-Z Copyright Infringement Case with Dwayne Walker from

Back in 2012, Dwayne Walker filed a lawsuit against Jay-Z for breach of contract and copyright infringement for failure to pay royalties, claiming that he designed the iconic logo for Roc-A-Fella records, Jay-Z’s record ...

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post image Enablement requirement for patents easier to satisfy for broader claims from

With patents, everything starts and ends with the claims which means that the specification, the arguments presented during prosecution and all of the patent applicant’s efforts affect the language of the claims.  For example ...

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post image Gold Bear wars (.... what the OLG Cologne said) from

An update on the Haribo vs Lindt Gold Bear trade mark dispute (see the earlier IPKat post here).  The Higher Regional Court of Cologne has now published its decision (see here; case reference: 6 U ...

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Gilead Sciences, Inc. v. Natco Pharma Ltd. (Fed. Cir. 2014) from

By Kevin E. Noonan -- The Federal Circuit extended the scope of the judicially created doctrine of obviousness-type double patenting (OTDP) in a split decision rendered in Gilead Sciences Inc. v. Natco Pharma Ltd. In doing ...

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PTAB comprising only body exclude from

Board finds use of "only a first wire set and a second wire set" trumps transition "comprising" does exclude other wire sets

Takeaway: The Examiner asserted that a claim reciting "only a first wire set ...

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EU settles SEP antitrust case with Samsung, declines to fine Google's Motorola Mobility from

While Apple's ongoing smartphone patent disputes with Samsung and Google's Motorola Mobility haven't been settled yet, the antitrust matters relating to those companies' assertions of standard-essential patents (SEPs) against Apple have now ...

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New model for monetizing human capital? from

A new model of monetizing human capital has just opened for business. Yesterday, Fantex began trading shares backed by the future earning of football player Vernon Davis of the San Francisco 49ers. Unlike the standard ...

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In-App Purchase Game Patent Invalid for Claiming Unpatentable Subject Matter from

The court granted defendants' motions for judgment on the pleadings that plaintiff's in-app purchase gaming patent contained an unpatentable abstract idea. "A patent need not . . . preempt an entire field to run afoul of § 101 ...

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Oral Arguments: Can the Supreme Court Force Clarity in Claim Scope? from

By Dennis Crouch Nautilus v. Biosig (Supreme Court 2014) [Transcript of Oral Arguments] On April 28, 2014, the Supreme Court heard oral arguments in the important indefiniteness case concerning a fitness monitor patent. In my ...

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SCOTUS: District Courts Have Broad Discretion in Awarding Attorney Fees in Patent Litigation from

By Dennis Crouch Octane Fitness v. Icon Health (Supreme Court 2014) The Patent Act allows district courts to award attorney fees to the prevailing party in “exceptional cases.” 35 U.S.C. § 285. However, the ...

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MVS Filewrapper® Blog:Supreme Court Revises Standards for Sanctions in Exceptional Patent Cases from

Two U.S. Supreme Court opinions issued today—Octane Fitness, LLC v. Icon Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc.—have changed the framework for which exceptional cases are analyzed ...

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Supreme Court Clears Way For District Courts To Award Attorney Fees In More Patent Cases from

Octane Fitness LLC v. ICON Health & Fitness, Inc., No. 12-1184 (U.S. April 29, 2014).
Highmark, Inc. v Allcare Health Management System, Inc., No. 12-1163 (U.S. April 29, 2014).
In two unanimous decisions, the ...

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Patent Trolls Beware -- Supreme Court Issues Decisions in Octane Fitness and Highmark from

By Andrew Williams -- In two closely watched cases, the Supreme Court today issued its opinions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. (Supreme Court docket number 12-1184) and Highmark Inc. v. Allcare Health ...

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ITC Issues Public Version Of Opinion In Certain Dimmable Compact Fluorescent Lamps (337-TA-830) from

Further to our April 11, 2014 post, on April 25, 2014, the International Trade Commission (the “Commission”) issued the public version of its opinion finding a violation of a consent order and issuing a civil ...

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Supreme Court opens door to expanded fee-shifting in patent infringement litigation from

Patent holders may consider hitting the “pause” button before enforcing their patents, based on a pair of U.S. Supreme Court decisions that relaxed the standard for awarding fees to the prevailing party in patent ...

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Global Green Patent Filings Fell in 2013: CleanTech PatentEdge Annual Report from

Berkeley-based IP Checkups recently published its 2013_Annual_Report on cleantech patenting trends.  Based on the firm’s proprietary green patent database -  Cleantech PatentEdge™ - the report contains much interesting analysis driven by this powerful data analytics tool ...

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Are you up to date? from

Over the past few years, I have been writing the intellectual property chapter for the Colorado Bar Association’s book Annual Survey of Colorado Law.  While the book focuses on Colorado law, the intellectual property ...

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