Patent & IP news for May 9, 2014

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Patent & IP Blogs

post image Patentee prevented from surrender to hearing officer from

This Kat recently became aware of a, to him, somewhat surprising decision of the UKIPO (BL O/170/14) to stay the allowance of an offer to surrender a patent pending the outcome of a ...

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post image In re Packard - Standard for Indefiniteness Before the USPTO from

In re Packard (Fed Cir. May 6, 2014)

In this case, the Federal Circuit considered the question of "what standard for indefiniteness should the U.S. Patent and Trademark Office ("USPTO") apply to pre-issuance claims ...

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In re Roslin Institute (Fed. Cir. 2014) from

Dolly the Sheep Not Patent Eligible Subject Matter By Donald Zuhn -- Earlier today, the Federal Circuit affirmed a determination by the Patent Trial and Appeal Board affirming the rejection of claims 155-159 and 164 of ...

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The good, the bad and the ugly: three basic options for Apple after lackluster verdict in Samsung case from

As I mentioned in my two previous posts, I'm now going to write far fewer blog posts than in the past. My goal is not to blog more than once per week. I need ...

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Amazon's US 8,676,056 from

The background section states

Items are often photographed and/or filmed in a studio environment and the resultant images and/or video rendered on a display device associated with a computing device. The resultant images ...

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How would the Bass/Tuschl dispute be resolved under the AIA? from

The new patent law, the AIA, has two sections which deal with resolution of patent rights through derivation proceedings. However, to get into the game, the challenger must have filed a patent application. Recall the ...

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Comparative Study Of National Approaches To Internet Intermediary Liability from

The increasing influence and role of internet intermediaries over the past decade has led to a debate regarding their liability in relation to online infringement of copyright and related rights. A recent study analyses legal ...

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It Ain’t that Obvious to Try from

In Sanofi-Aventis Deutschland GmbH v. Glenmark Pharms Inc., the Federal Circuit followed previous precedent in holding that the combination of compounds is not “obvious to try” if unexpected properties are supported by evidence. The patent-at-issue ...

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Per Facebook User Damages Theory Excluded as Fatally Flawed from

Following an order excluding the report of plaintiff's damages expert, the court denied plaintiff's motion to allow its damages expert to present a "per-user" theory of damages because the theory was fatally flawed ...

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Oracle wins Android-Java copyright appeal: API code copyrightable, new trial on fair use from

[BREAKING NEWS -- DEVELOPING STORY -- check back later for further detail]

The most spectacular decision in the ongoing smartphone IP disputes has been handed down today by the United States Court of Appeals for the Federal ...

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Federal Circuit Supports Dual Patent/Software Protection for Interface Software from

Oracle v. Google (Fed. Cir. 2014) More to come on this case, but the bottom line is that the Federal Circuit held that “API packages are entitled to copyright protection” despite their functionality. The court ...

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Patent Rights are a Marital Asset and Non-Inventing Spouse is a Co-Owner from

By Dennis Crouch James Taylor v Taylor Made Plastics (Fed. Cir. 2014) I should note here that this case is neither about the musician or the golf club company. Rather, it is about the now ...

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More on Claiming Clones: Products of Nature and Source Limitations from

Guest post by Dr. Jeffrey A. Lefstin, Professor of Law, University of California, Hastings College of Law Jason’s excellent post on Roslin summarized the case and raised the question of whether the Federal Circuit ...

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MVS Filewrapper® Blog: "Insolubly Ambiguous" Standard not Applicable at the USPTO from

In In re Packard the Federal Circuit held that the USPTO need not follow the insolubly ambiguous standard in order to satisfy a prima facie rejection for indefiniteness.  Rather, the Federal Circuit held that

when ...

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ALJ Gildea Issues Claim Construction Order In Certain Silicon Microphone Packages And Products Containing Same (337-TA-888) from

On May 8, 2014, ALJ E. James Gildea issued the public version of Order No. 34 (dated April 15, 2014) in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888). By way of ...

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No WIPO Industrial Design Treaty In 2014; Technical Assistance Still In The Way from

A World Intellectual Property Organization Extraordinary General Assembly was convened this week to confirm the re-election of Francis Gurry as director general, but also to decide on convening a treaty negotiation this year to finish ...

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ALJ Bullock Issues Notice Of Initial Determination In Certain Windshield Wipers (337-TA-881) from

On May 8, 2014, Chief ALJ Charles E. Bullock issued a notice regarding the Initial Determination (“ID”) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-881).  By way of background, this investigation was instituted ...

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ABA Webinar on Patent Dispute Resolution at the ITC and PTAB from

The American Bar Association (ABA) Center for Professional Development, Section of Intellectual Property Law, and Young Lawyers Division will be offering a live webinar on "Patent Dispute Resolution at the ITC and PTAB: Alternatives to ...

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2014 BIO International Convention from

The Biotechnology Industry Organization (BIO) will be holding its annual BIO International Convention June 23-26, 2014 in San Diego, CA. Founded in 1993, BIO is a nonprofit association seeking supportive biotechnology policies on behalf of ...

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