Patent & IP news for October 8, 2014

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post image After successful Oracle appeal, Google asks Supreme Court to hear Android-Java copyright case from

In late July I discovered that Google had requested, and been granted, an extension of time for filing its petition for writ of certiorari (request to hear a case) with the Supreme Court of the ...

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post image The New Role for Post Grant Review Proceedings (PGR) from

by Dennis Crouch It has now been just over 18-months since we started filing patent applications under the new first-to-file patent system mandated by the America Invents Act (AIA) of 2011.  And, slowly but surely ...

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post image Wednesday whimsies from

Dolly: what after all is a sheep, but
a woolly cat without whiskers?
Around the weblogs. "Invalid but Infringed? An Analysis of Germany’s Bifurcated Patent Litigation System", by Katrin Cremers, Fabian Gaessler, Dietmar Harhoff ...

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Guest Post: Nature's Indelible Marker from

Naturally abundant, stable isotopes have already protected the identity and origin of $1.5 billion in pharmaceutical materials against Intellectual property infringers By Anthony D. Sabatelli* -- The pharmaceutical industry is an important segment of the ...

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Apple fighting Samsung in two U.S. courts in parallel in quest of prospective patent remedies from

The low percentage of smartphone patent infringement assertions that ultimately prove meritorious is an industry-wide problem as my recent analysis of 222 assertions brought by Apple, Microsoft, Motorola, Nokia and Samsung in the U.S ...

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Interview: New CISAC Director Speaks On Expectations, Vision For The Future from

The Paris-based International Confederation of Authors and Composers Societies (CISAC) represents 230 collective management organisations in 120 countries, collecting fees on behalf of “creators.” In the past year, CISAC has become active advocating the case ...

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Biogen v Medeva: down the tube ... from

PatLit has just received the following news flash from his friends at Rouse about a very special event, scheduled for Thursday 16 October:
"As you may have heard, the RMT union has called a tube ...

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IP Increasingly Seen As Enabler For Innovation Finance, IP Offices Say from

“Intellectual property is a substantial chunk of business investment,” Tony Clayton, chief economist in the United Kingdom IP Office, told a side gathering at the recent World Intellectual Property Organization General Assembly. “It really does ...

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Apportionment No Substitute for Use of Smallest Salable Unit to Determine Royalty Base from

The court granted defendant's motion to exclude the testimony of plaintiff's damages expert for trying to circumvent the entire market value rule. "[Defendant] contends [the expert's] royalty base is inflated and unreliable ...

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Because I Said So: Courts’ Inherent Powers to Impose Fees for Bad Faith, Vexatious, or Wanton Litigation from

Fee shifting has been a recent theme in patent litigation, with judges, legislators, and state attorney generals alike attempting to curb abuses of the patent system by creating new penalties. One judge has fallen back ...

Share via E–mail | Twitter | Facebook to Rank Patent Attorneys and Patent Examiners from is a new patent-related website that claims to use peer-reviewed patent valuation methodologies to rank patent attorneys and to profile patent examiners. PatentStat uses comprehensive data-mining and cutting-edge analysis to help you choose ...

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Board reminder that Federal Circuit appeal, not PTAB Rehearing, is the appropriate forum to reargue issues already decided by the PTAB from

The PTAB Rehearing decision Ex parte Brozell criticized an Applicant for filing a Request for Rehearing in order to argue that the Board had erred on claim construction and on the conclusion of obviousness:
[A ...

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Alarm Over Monsanto-Backed Push To Acquire Local African Seed Company from

An African civil society group has voiced concerns about the takeover by giant multinational seed companies of home-grown African seed companies, the latest of which involves Africa’s SeedCo.

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Nakamura, the Nobel Prize, and compensating inventors from

With Shuji Nakamura sharing the 2014 Nobel Prize in Physics, it was foreseeable someone would bring up the patent award business. See for example One of the Physics Nobel Prize Winners Sold His Patent for ...

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Statements from the 2014 Algae Biomass Summit in San Diego from

The San Diego Union Times covered the recent ABO meeting [ 2014 Algae Biomass Summit ] in the post Algae's promise rebounds after setbacks

Sapphire CEO James Levine said

“You have to look at the products ...

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2014 complaint about stolen comedy sketch: there's a culture of plagiarism in the business from

The quote is within the post Comedian says Lorne Michaels should fire 'Saturday Night Live' writers who steal material about an allegation that SNL people stole a Groundlings sketch.

One recalls fall-out ten years ago ...

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Tech Industry Report Ranks Countries On Protectionism – Including IP Compulsory Licensing from

A report released today by an American technology industry group ranks countries on the basis of mercantilist policies, urging the United States and multilateral organisations to issue a "bold response" to these restrictive and anti-competitive ...

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STC.UMN v. Intel: Co-owners are necessary parties but may not be involuntarily joined from

By Jason Rantanen STC.UMN v. Intel Corp. (Fed. Cir. 2014) Original panel: Rader (author), Dyk, Newman (dissenting) Denial of rehearing en banc: Dyk, concurring (joined by Moore and Taranto); Newman, dissenting (joined by Lourie ...

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