Patent & IP news for July 15, 2014

Patent Litigations



Patent & IP Blogs

post image Precedent, the European Patent Office and a chance to discuss from

"What is precedent and does the EPO have it?" is the title of a blogpost today by Darren Smyth on the IPKat weblog, here, with some input from fellow bloggers David Brophy and me. It ...

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post image What is precedent and does the EPO have it? from

From time to time in the comments of the IPKat there arise debates, sometime heated, about the question of precedent – whether a case, decision or instruction is “binding” on some tribunal or other.  Particularly at ...

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post image Another Challenge to the False Marking Provisions of the AIA Bites the Dust from

Stauffer v. Brooks Brothers Group, Inc. (Fed. Cir. July 10, 2014)

In this false marking case, one of a handful of qui tam false marking cases filed before the Forest Group floodgates opened in late ...

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The place of patent drawings in IP litigation: a new article from

"IP Litigation: What Place for Patent Drawings?" is the title of an article published online in the current (June 2014) issue of the WIPO Magazine. The author, Bernadette Marshall (NBG Drafting and Design, USA), opens ...

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Alice’s Adventures: how has USPTO examination changed since in the first few weeks after Alice v. CLS Bank? from

In the first few weeks after the Supreme Court published its opinion in Alice Corporation Pty Ltd. v. CLS Bank Int’l, the USPTO appears to be struggling with exactly how the Court’s decision ...

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360 Applicants Bid For Top WIPO Posts; Selection Process Underway from

The World Intellectual Property Organization is currently engaged in an unprecedented process for the selection of the new top management to serve under recently re-elected Director General Francis Gurry. The open call for applicants resulted ...

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No Stay Pending IPR Prior to Institution Decision from

The court denied without prejudice defendant's motion to stay pending inter partes review because it was premature, but maintained the discovery stay pending the PTO's decision on the petitions for review. "While the ...

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

On July 9, 2014, ALJ David P. Shaw issued Order No. 44 denying Respondents’ motion for summary determination of no infringement at the time of importation in Certain Multiple Mode Outdoor Grills and Parts Thereof ...

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Alice Corp., Software Patents, and Lighting the Rabbit Hole of Abstract Ideas from

It’s often hard to recognize the evolving nature of legal regimes amidst the fast-paced and so-called revolutionary social and technological changes facilitated by digital and networked technologies. Laws, norms, and conventions developed over centuries ...

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Patentees win only 33% of litigations from

One observation from the PriceWaterhouse 2014 Patent Litigation Study :

NPEs have been successful 25% of the
time overall, versus 35% for practicing
entities, due to the relative lack of success
for NPEs at summary judgment ...

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Studying the Mongrel: Why Teva v. Sandoz Won’t Solve Claim Construction from

Guest post by Heather F. Auyang, Senior Counsel at LTL Trial Attorneys in San Francisco, California. The views and opinions expressed herein are those of the author and do not reflect the views or opinions ...

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ITC Issues Public Version Of Opinion In Certain Compact Fluorescent Reflector Lamps (337-TA-872) from

On July 3, 2014, the International Trade Commission (“the Commission”) issued the public version of its opinion in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof (Inv. No. 337-TA-872). By way of ...

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U.S. patent examiner stands by rejection of Apple's pinch-to-zoom API patent claims from

A hearing was held last week on the parties' post-judgment motions in their second California case. There wasn't any new information in the reports I read (the fact that Apple's injunction request is ...

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