Patent & IP news for September 16, 2014

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post image Infringement reversed based on court’s new language after jury trial from

In litigation, a court construes the requirements of a patent claim and instructs the jury on what the claims require for infringement. The jury must follow these instructions to decide if the defendant has infringed ...

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USPTO Extends Deadline for Comments to Help Improve PTAB Proceedings from

By Andrew Williams -- If you were planning on letting the U.S. Patent and Trademark Office know how you feel about the use of the "Broadest Reasonable Interpretation" standard for claim construction during PTAB trials ...

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PTAB Decides Inter Partes Review of Patent at Issue in Ariosa v. Sequenom from

By Kevin E. Noonan -- On September 2nd, the Patent Trial and Appeals Board (PTAB) entered judgment in an inter partes review styled Ariosa Diagnostics v. Isis Innovation Ltd. (IPR 2012-00022). The Board found that Ariosa ...

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Amending 101? from

Some have been considering a statutory overruling of Mayo and Alice Corp. What would this amendment do?: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new ...

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Frivolous Infringement Claim Warrants Rule 11 Sanction from

The court granted in part defendants' motion for Rule 11 sanctions after the court found a clear prosecution disclaimer. "I do not lightly use the word 'frivolous.' In my opinion, however, no reasonable attorney or ...

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For Experts, Questions Still Abound On IP And Standard-Setting from

BRUSSELS – Intellectual property experts at the annual conference of the European Policy for Intellectual Property Association (EPIP) discussed a range of topics including IP rights and standard-setting. The conclusion? Many questions remain unanswered.

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IP Watch Recap of Meaning of Myriad Conference from

Last Friday I presented my latest essay, Patentable Subject Matter and Non-Patent Innovation Incentives, at UC Irvine's Meaning of Myriad Conference, which included a terrific line-up of speakers. Brittany Ngo, a 3L at UC ...

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Is VPN Software Patent Eligible? from

VirnetX v. Cisco and Apple (Fed. Cir. 2014) An E.D. Texas jury sided with the patentee VirnetX — finding that the four asserted patents are not-invalid and that Apple’s VPN-On-Demand and FaceTime products infringe ...

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Proposed IP Matter Management Invention Disclosure Scheme from

I recently received a note form an in-house counsel asking for feedback on a proposed standard for invention disclosures.  This is an offshoot of LEDES ( by representatives from universities, law firms, companies ...

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Important Damages Opinion: VirnetX v. Cisco and Apple from

By Jason Rantanen VirnetX, Inc. v. Cisco Systems, Inc. (Fed. Cir. 2014)  Virnetx v Cisco Panel: Prost (author) and Chen Plaintiffs VirnetX and Science Applications International Corporation obtained a successful verdict against Apple based on ...

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Introducing New Blogger: Dmitry Karshtedt from

I am delighted to welcome Stanford Law & Biosciences Fellow Dmitry Karshtedt as a new Written Description blogger. Before going into law, Dmitry completed a Ph.D. in chemistry from UC Berkeley and worked as a ...

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Apple escapes the Nash Bargaining Solution in VIRNETX case from

from VIRNETX v. Cisco and Apple :

For the reasons that follow, we affirm the jury’s findings
that none of the asserted claims are invalid and that
many of the asserted claims of the ’135 ...

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Food Invention Reality Show from

Eyeworks TV, the producers behind Extreme Weight Loss on ABC and Bar Rescue on Spike, THIS WEEK ONLY, is holding an audition in Redondo Beach for entrepreneurs with food related inventions for a new show ...

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