Patent & IP news for May 29, 2014

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post image OHIM IP Mediation Conference 1: the EU Mediation Directive from

Note to readers: there won't be more than four posts on this topic today -- and there will be none tomorrow unless this Kat can persuade anyone to guest a piece for him.  If IP ...

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post image OHIM IP Mediation Conference 4: Mediation -- making the most of it from

Thinking outside the box
can lead to surprises ...
Following a brief break, Isabelle Leroux (Partner, Dentons) took the baton of moderator from James Nurton. There then came a presentation by Richard A. Mac Bride (Mediator ...

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post image OHIM IP Mediation Conference 3: mediation and its alternatives from

First to speak after lunch, in a session moderated by Managing Intellectual Property Editor James Nurton, was vintage Katfriend and one-time Patents County Court judge Michael Fysh QC, on "Advantages of mediation over court proceedings ...

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post image 1Q 2014 GDP - second estimate shows intangibles investments up from

It is now official. The U.S. economy shrank in the first quarter of 2014 at an annual rate of 1.0%, according to data released this morning by the BEA. The decline was even ...

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post image OHIM IP Mediation Conference 2: Institutional ADR and responses to it from

The second session of today's OHIM IP Mediation Conference, moderated by this Kat, featured a stellar list of representatives of institutional IP mediation. Ignacio de Castro (Deputy Director, WIPO Arbitration and Mediation Center) opened ...

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News From Abroad: Australia Is a Favourable Jurisdiction for Innovator Pharmaceutical Companies Seeking Interlocutory Injunctions from

By Andrew Mullane, Craig Humphris, Todd Shand -- Due to the complexity of Australian patent litigation, it can take more than 18 months for a patent dispute to be finally determined by a judge. This is ...

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Samsung seeking reversal or adjustment of Apple's $929 million and $119 million jury verdicts from

This week, public versions of two key documents filed by Samsung last Friday in connection with two Apple cases became available:

  • Samsung's opening brief in its appeal of the earlier-filed California case (in which ...

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South African Trade Minister Davies: Election Result May Mean Fast Action On IP Policy from

Intellectual property pundits have welcomed South African President Jacob Zuma’s decision to retain Trade and Industry Minister Rob Davies in the position following South Africa’s May general elections. And Davies in an interview ...

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

Further to our May 9, 2014 post, on May 20, 2014, Chief ALJ Charles E. Bullock issued the public version of the Initial Determination (“ID”) finding a violation of Section 337 in Certain Windshield Wiper ...

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Guest Post: PTAB Partial Institution of IPR and CBM Review Violates the AIA– But There Is a Simple Fix from

Guest Post by Timothy K. Wilson, Senior IP Counsel, and John S. Sieman, Patent Counsel, SAS Institute Inc. In the provisions of the America Invents Act (AIA) governing inter partes review (IPR), post-grant reviews (PGR ...

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Failure to Drop Damages Claim “Dwarfed” by Litigation Costs No Basis for Attorneys’ Fee Award from

The court denied defendant's motion for attorneys’ fees under 35 U.S.C. § 285 and rejected the argument that a fee award was justified because plaintiff pursued a damages claim that was "dwarfed" by ...

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Patent royalties may exceed $120 per smartphone, undermine industry profitability: working paper from

A working paper by an Intel in-house counsel and two WilmerHale lawyers, The Smartphone Royalty Stack: Surveying Royalty Demands for the Components Within Modern Smartphones, has just been published (direct link to PDF). Intel Vice ...

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Janssen Files Motion to Dismiss Celltrion's DJ Complaint, Claiming Celltrion is Trying to "Side-Step" the BPCIA from

Celltrion Healthcare v. Janssen Biotech, No. 14-11613 (D. Mass.) by Sandra A. Frantzen As we previously reported, Celltrion filed a Complaint for Declaratory Judgment against Janssen Biotech on March 31, seeking a declaration of invalidity ...

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K/S HIMPP v. Hear-Wear Technologies – Common Sense and Claim Elements from

By Jason Rantanen K/S HIMPP v. Hear-Wear Technologies, LLC (Fed. Cir. 2014) Download Opinion Panel: Lourie (author), Dyk (dissenting), Wallach This nonobviousness case is significant because it illustrates an important way that some Federal ...

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ALJ Shaw Denies Motion For Summary Determination In Certain Multiple Mode Outdoor Grills (337-TA-895) from

On May 27, 2014, ALJ David P. Shaw issued Order No. 40 denying a motion for summary determination of invalidity in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895). By way of ...

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ALJ Essex Grants Joint Motion To Terminate Investigation Between Apple And Motorola In Certain Mobile Devices (337-TA-750) from

On May 28, 2014, ALJ Theodore R. Essex issued the public version of Order No. 22 in Certain Mobile Devices and Related Software (Inv. No. 337-TA-750). According to the Order, ALJ Essex granted a joint ...

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