Patent & IP news for June 30, 2014

Patent Litigations



Patent & IP Blogs

post image Alice in Patent Land from

Julia Powers is a PhD student in Cambridge (Laws) but is also the creator of Law Comics (along with illustrator Ilias Kyriazis). Her first installment focused on patent law and is titled: Alice in Patent ...

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post image The best of all possible copyright worlds from

It is not easy to talk about copyright and the public domain nowadays and say anything concrete without sounding ideological. During his lecture at UCL [on which see Annsley’s full report here], Professor Hugh ...

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post image Five file-sharing facts – and a farewell from me from

For my last post in my sixth month stint as a guest Kat, I thought I would draw together a couple of developments on (or at least related to) one of my favourite subjects – blocking ...

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post image Alice in Patentland: a comic perspective from

Here's the first page ...A picture of wisdom.  The IPKat's talented and imaginative friend Julia Powles has found a bright and memorable way to depict the tale of the US software patent saga ...

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post image Monday miscellany from

Fun in the sun. This year's IP Summer School -- IBC Legal's 14th Annual IP Law Summer School to be precise -- is coming up soon. From 18 to 22 August 2014, a happy crew ...

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Behind the patent "problem": trolls with patents or free-riders without patents? from

From within The Myth Of the Wicked Patent Troll

There is one basic reason behind the attacks on trolls: Big Money. Many patent-intensive products—the smartphone in your pocket, the laptop computer in your briefcase ...

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EPO President Battistelli’s Term Extended Amid Staff Concerns from

The term of European Patent Office (EPO) President Benoît Battistelli has been extended for three years to 30 June 2018. The vote by the European Patent Organisation Administrative Council strongly backed Battistelli's quality and ...

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Gigaom suggests Philip Johnson of J&J in line for USPTO Directorship from

Quoting emails from Harold Wegner, Gigom suggests that Philip Johnson of Johnson & Johnson is in line for the Director position at the US Patent Office.

The Gigaom post included the text:

In December, Johnson testified ...

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ITC Issues General Exclusion Order And Terminates Investigation In Certain Cases For Portable Electronic Devices (337-TA-861/867) from

On June 20, 2014 the International Trade Commission (the “Commission”) issued a notice in Certain Cases for Portable Electronic Devices (Inv. No. 337-TA-861/867). By way of background, this investigation is a consolidation of Inv ...

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WIPO And Caribbean IP, What’s The Point? from

Recent months have seen a few interesting intellectual property symposia in the Caribbean, in particular the WIPO–JIPO Regional Conference on IP and creative industries which was held in Jamaica from February 10-12 2014. It ...

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Non-Frivolous Defense Based On “Run-of-the-Mill” Claim Construction Argument Insufficient To Preclude Willfulness from

The court denied defendants' motion for summary judgment of no willful infringement of plaintiff's food mold patent and rejected defendants' lack of notice argument. "[Plaintiff] did not give notice of infringement until [2 1 ...

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PTO Guidance After Alice from

Last week, the USPTO provided the patent examining corps with Preliminary Examination Instructions in light of the Supreme Court’s opinion in Alice Corp.  The memo indicates that the Supreme Court has extended the framework ...

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USPTO Implements Test for Patent Eligible Subject Matter Under §101 Following the Supreme Court’s Alice Decision from

We recently discussed the Supreme Court’s test for patentable subject matter under section 101 in Alice Corp. Pty v. CLS Bank Int’l, 573 U.S. ___ (2014). In its opinion, the Court applied ...

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New resource for searching and analyzing PTAB decisions from

There's a great new resource available for practitioners interested in PTAB decisions: the Patent Board Ferret.

The Ferret includes both search and analysis tools. On the search side, you can search not only by ...

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Federal Circuit will again review the Subject Matter Eligibility of Ultramercial’s Internet Advertising Patent. from

By Dennis Crouch For the second time, the Supreme Court has issued a GVR decision in the patent subject-matter-eligibility case of WILDTANGENT, INC. v. ULTRAMERCIAL, LLC. The first GVR asked the Federal Circuit to review ...

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WIPO Copyright Committee Plan For Week: Broadcasting, Limitations, Side Events from

The World Intellectual Property Organization copyright committee has agreed to split its week between work on a proposed treaty to protect broadcasters’ rights and efforts to provide copyright exceptions for libraries, archives, and research and ...

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Taming the Mongrel: Aligning Appellate Review of Claim Construction with its Evidentiary Character in Teva v. Sandoz from

Guest Post by Peter. S. Menell, J. Jonas Anderson, and Arti K. Rai.  Below, they summarize their recently filed amicus brief in Teva v. Sandoz. In its seminal Markman decision, the Supreme Court sought to ...

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An Open Letter from Judge Rader from

June 30, 2014 is Judge Rader’s final day on the bench. Judge Rader has – and I suspect will remain – a lightning rod for both criticism and support. What I love is that his continued ...

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Robert Cooter: "Growth Economics" and Intellectual Property Rights from

I had the wonderful opportunity to participate in the George Mason University School of Law's Law and Economics Center's (LEC) Economics Institute for Law Professors for two weeks in Steamboat, Colorado, along with ...

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SnoWizard loses in snoball case from

The decision begins:

A snowball is a confection of ice shavings, flavored
with various syrups and typically served in a cone - shaped
paper cup

Sadly, for SnoWizard, the '871 patent went down for invalidity under ...

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New Headlines from Patently-O from

An Open Letter from Judge Rader (Crouch) Taming the Mongrel: Aligning Appellate Review of Claim Construction with its Evidentiary Character in Teva v. Sandoz (Menell, Anderson, Rai) Panel asks Highmark Litigants for Additional Briefing on ...

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Macronix Files New 337 Complaint Regarding Certain Devices Containing Non-Volatile Memory from

On June 27, 2014, Macronix International Co., Ltd. of Taiwan and Macronix America, Inc. of Milpitas, California (collectively, “Macronix”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint ...

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