Patent & IP news for August 28, 2014

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post image Thursday thingies from

Mother knows bestSouthampton, alma mater ...  This week's Monday Miscellany excitedly announced that fellow Kat Eleonora was taking up a lectureship in IP Law at the University of Southampton, mentioning a couple of famous ...

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post image Courts encourage clarity at USPTO to combat patent trolls from

Recently, there has been a push for clarity in patents because non-practicing entities and patent trolls have been accused of taking patents with ambiguous claim terms and construing those ambiguous terms to cover things beyond ...

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post image All is Fair (Use) in Love (Lace) from

I learned about this interesting fair use case from a tweet posted his week by Eleonora. Thank you @eLAWnora!
On August 25, 2014, Judge Thomas P. Griesa from the Southern District of New York (SDNY ...

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2Q 2014 GDP shows increase intangibles investment from

Looks like good news this morning. The BEA has revised its estimate of economic growth in the 2nd quarter of 2014 upward to 4.2%. The advanced estimate released last month showed a growth rate ...

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Alice Corp. and Patent Claiming: A Simple Example from

By Howard Skaist[1] In the wake of Alice Corp (“Alice”), many practitioners, including myself, are thinking about its implications, in particular, with respect to drafting patent claims. Of note, especially, is the Court’s ...

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N-C-Double Don’t: Student-Athletes’ Likenesses No Longer Free for Use from

A landmark ruling on Friday August 8, 2014 determined that the National Collegiate Athletic Association  (the “NCAA”) can no longer stop its athletes from selling the rights to their own names, likenesses, and images. As ...

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Washington Redskins Seek Reversal of TTAB Decision Canceling its Trademark Registrations from

On August 14, 2014, Pro-Football, Inc. (“Pro-Football”) appealed the Trademark Trial and Appeal Board’s (“TTAB”) June 18, 2014 decision to cancel its registrations for six REDSKIN-formative trademarks. As we previously reported, the TTAB’s ...

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UN Inspectors Find Need For Transparency, Changes In Governance At WIPO from

The United Nations Joint Inspection Unit (JIU) has issued a substantive analysis of management and administration in the UN World Intellectual Property Organization. And while the report highlights significant progress in a number of areas ...

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Off-Label Use of Generic Drug Cannot Establish Existence of Noninfringing Uses from

Following a bench trial, the court found that defendant indirectly and contributorily infringed plaintiff's patents for gabapentin through its generic drug product. "[T]he ANDA product may not be marketed for non-infringing uses. Drug ...

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African Patent Offices Not Fit for Purpose from

Patents are public documents, issued to inventors by individual states, certifying that the named inventor has been granted a limited monopoly to exclude other persons from working, selling or using an identified invention without the ...

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What to do About All These Invalid Patents? from

By Dennis Crouch The recorder-of-deeds here in Boone County Missouri is pretty good at her job. Although there is an occasional error in the records, those errors are quickly remedied once found.  The property records ...

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CBS News on August 28 covers "forced switch" related to drug Namenda from

Namenda ( memantine; 3,5-dimethyladamantan-1-amine. an adamantane derivative ) is a drug marketed by Forest for the treatment of Alzheimers. CBS network news on August 28, 2014 did a story on a "forced switch" created by Forest ...

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Ferring B.V. v. Watson Laboratories, Inc. (I) (Fed. Cir. 2014) from

By Kevin E. Noonan -- In the first of a pair of decisions issued last Friday, Ferring B.V. v. Watson Laboratories, Inc., the Federal Circuit affirmed a finding by the District Court that a generic ...

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