Patent & IP news for June 4, 2014

Patent Litigations



Patent & IP Blogs

Nautilus, Inc. v. Biosig Instruments, Inc. (2014) from

By Kevin E. Noonan -- In the universe of the toxic interplay between the Federal Circuit and the Supreme Court, an affirmance or even a begrudging acknowledgement of the Federal Circuit's "special expertise" in patent ...

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Supreme Court asks for SG’s Views on Hearing Another Inducement Case from

Commil USA v. Cisco Systems (Supreme Court 2014) In its decision on this case, the Federal Circuit offered three separate opinions, with Judge Prost authoring a majority opinion and Judges Neman and O’Malley each ...

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Open AIR Research Project On African IP Presented At WIPO from

The Open AIR project has gone global. The research project’s findings were presented in a recent side event at the World Intellectual Property Organization. The findings, published in two books, assess how people from ...

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April trade in intangibles from

In a reversal from last month's good news, this morning's trade data from BEA shows the deficit widening by $3 billion to $47.2 billion from the revised figure of $44.2 billion ...

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IP-Watch Interns Provide Fresh Perspective, Solid Reporting from

This spring, Intellectual Property Watch has had the pleasure of welcoming three talented interns/researchers who have provided not only their expertise but their enthusiasm for all aspects of intellectual property and have made an ...

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Litigation Strategy to Extract “Nuisance Settlement” Warrants Award of Attorneys’ Fees from

The court granted defendant's motion for attorneys’ fees under 35 U.S.C. § 285 against an NPE plaintiff because plaintiff's suit had been a "prototypical exceptional case." "No reasonable litigant could have expected ...

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Supreme Court Rejects Federal Circuit Standard For Indefiniteness, But Precise Rule Remains Elusive from

In a pair of unanimous decisions issued June 2, 2014, the U.S. Supreme Court rejected Federal Circuit rulings addressing patent validity and infringement. However, in keeping with its recent practice, the Court refrained from ...

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Prosecution Bar Extended to CBM Proceeding to Avoid Misuse of Defendant’s Confidential Information from

The court adopted defendant's proposal for a protective order that included a prosecution bar that extended to CBM review. "If Defendant's petition for CBM review is granted, there is a significant risk that ...

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Rambus wins reversal of Board's rejection for anticipation from

From the CAFC on Rambus

After oral argument, requestor Micron Technology,
Inc. (“Micron”) moved to withdraw from this case, which
we granted in a separate order. Rambus has the right to
appeal the Board’s ...

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Consumer Watchdog loses at CAFC from

Consumer Watchdog appeals from the Patent Trial
and Appeal Board’s decision affirming the patentability of
claims 1–4 of U.S. Patent No. 7,029,913 (’913 patent).
Because Consumer Watchdog has not established ...

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Bouncing jurisdiction between CA11 and CAFC in Krauser case from

A significant point

Therefore, BHI’s second jurisdictional theory
fails every element of the test described by the Supreme
Court in Gunn. The resolution of the inventorship question
is neither “necessary” nor “substantial” to the ...

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Federal Circuit: In order to appeal USPTO post-grant decision, third party requestor must show “injury in fact” from

By Dennis Crouch Consumer Watchdog v. WARF and USPTO (Fed. Cir. 2014) The Patent Act provides for a variety of administrative review proceedings that can be filed by any third party wanting to challenge the ...

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ITC Grants Stay Of Cease And Desist Orders Pending Federal Circuit Appeal In Certain Digital Models, Digital Data, And Treatment Plans For Use In Making Incremental Dental Positioning Adjustment Appliances (337-TA-833) from

On June 2, 2014, the International Trade Commission (the “Commission”) issued a notice determining to grant a motion filed by the Respondents to stay the cease and desist orders issued by the Commission in Certain ...

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Guest Post: Myriad -- An Obvious and Patent-Friendly Interpretation from

By Paul Cole* -- Is Myriad truly authority for the proposition that naturally occurring nucleic acid sequences and a host of other naturally occurring materials are no longer patent-eligible? Was it really the intention of the ...

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