Patent & IP news for May 28, 2014

Patent Litigations



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post image Wednesday whimsies from

New body for patent litigators. From Katfriend, scholar and eminent practitioner Micaela Modiano comes news of a new association -- EPLIT (the European Patent Litigators Association). According to Micaela, the goal of the association is to ...

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post image APO and DPMA agree on Patent Prosecution Highway pilot programme from

After Merpel's news relating to "unrest" at the EPO yesterday (see here), some much less controversial, indeed happy patent news.
Happy patent-loving kittens The German Patent and Trade Mark Office (DPMA) and Austrian Patent ...

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post image EU Council's opinion on the Trade Secret Directive -- minimal harmonisation, greatest results? from

As the IPKat reported, on 28 November 2013, the EU Commission submitted to the Council and to the Parliament a Draft Directive on the protection of trade secrets (the ‘Commission Draft’). While the European Parliament ...

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WHO Makes Headway On New Headquarters Building In Geneva from

World Health Organization members last week approved a plan putting the UN health agency on track to renovating its headquarters in Geneva, reducing the number of buildings from 10 to three by eliminating the various ...

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AIA Post-Issuance Proceedings – First Claim Amendment Motion Granted in Inter-Partes Review from

Prior to April 22, 2014, and since the filing of the first petition for inter partes review on September 16, 2012, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark ...

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ITC Decides To Review ALJ Shaw’s Summary Determination Ruling Regarding Noninfringement In Certain Multiple Mode Outdoor Grills (337-TA-895) from

On May 21, 2014, the International Trade Commission (“the Commission”) issued a notice in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).  In the notice, the Commission determined to review ALJ David ...

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ALJ Bullock Grants Motion To Quash Subpoena In Certain Antivenom Compositions (337-TA-903) from

On May 20, 2014, ALJ Charles E. Bullock issued the public version of Order No. 22 granting Novak Druce Connolly Bove + Quigg’s Motion to Quash Subpoena in Certain Antivenom Compositions and Products Containing the ...

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Harmonising Protection Of Black And White Trademarks In The EU from

The intellectual property offices of the European Union, in their commitment to harmonise practices, recently published a Common Communication establishing a common practice on the scope of protection given to black and white trademarks in ...

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Preservation of Appellate Record Justifies Failure to Concede Following Unfavorable Claim Construction from

Following summary judgment of noninfringement, the court denied defendant's motion for attorneys’ fees under 35 U.S.C. § 285. The court rejected defendant's argument that plaintiff should have conceded infringement following claim construction ...

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KSR "common sense" at issue at CAFC in HIMPP case from

HIMPP, an inter partes challenger of Hear-Wear's patent, appealed a decision of PTAB to the CAFC. The CAFC affirmed PTAB, and the patentee won.
At issue was the level of evidence presented by HIMPP ...

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John Golden: Is the USPTO Entitlted to Chevron Deference? from

This is a guest post by Ben Picozzi, a J.D. Candidate at Yale Law School.

Is the U.S. Patent and Trademark Office (PTO) entitled to Chevron deference? Does this matter? Many commentators believe ...

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David Kappos on Senator Leahy's halting patent reform bill from

David Kappos, on Senator Leahy's action on the patent reform bill:

While proponents of quick-fix legislation express frustration over Senate Judiciary Committee’s decision to halt work on a bill, I see a legislative ...

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A Risk of Moonlighting from

by Dennis Crouch Despite California’s policies limiting non-compete agreements, the law still lays an implicit powerful fiduciary duty on employees. The (proposed) Restatement (Third) of Employment Law indicates that competition by current managerial employees ...

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