Patent & IP news for November 7, 2014

Patent Litigations

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Patent & IP Blogs

post image Friday fantasies from

Coming soon!  Don't forget to check out the IPKat's Forthcoming Events page, apart from which you may be interested in the following ...
* Next week, on 13 and 14 November, the Intellectual Property Department ...

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post image Open Patent Cases from

By Jason Rantanen Over the past few months, I have heard numerous comments from folks about the perception that patents – or at least, enforcement of patents – is in decline.  Major substantive decisions by the Supreme ...

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post image When trainees meet terminology: how should we describe copyright? from

"Not so", said Keith the Kitten, "copyright
is surely a monopoly not an exclusive right ..."
Several times each year, this Kat is called upon to give an overview of IP to the new intake of ...

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post image October employment from

Good news continues on employment as the BLS reports that employment rose by 214,000 in October with a down tick in the unemployment rate to 5.8%. The increase was not quite as large ...

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post image Nov. 10 Program To Explore Market-Based Alternatives To Patent Litigation from

One approach to resolving or deterring patent threats, especially those posed by patent assertion entities or aggressive non-practicing entities, is the use of market-based alternatives to traditional litigation. If you are interested in learning more ...

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post image Crayola Files Suit to Prevent Genericide and Dilution from

I found about this about this case, which involves a product known by virtually every American, by reading this tweet from fellow New York attorney Mark H. Jaffe, who also provided a link to the ...

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post image Dangers of 1 yr grace period under first-inventor-to-file system from

In 2013, the United States transitioned from a first-to-invent system to a first-inventor-to-file system under the America Invents Act. A basic difference in the two systems is that the first-to-invent system focuses on the inventor ...

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Transformation of data surviving §101 challenges in some circumstances from

In two recent instances, a transformation of data has been recognized as potentially sufficient to satisfy the patent eligibility test under 35 U.S.C. §101. In the Board’s decision in PNC Bank v ...

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Ultramercial Inc. v. Hulu LLC -- Party Briefs from

By Michael Borella -- Introduction This case has a storied history. Ultramercial sued Hulu, YouTube, and WildTangent for infringement of U.S. Patent No. 7,346,545. Hulu and YouTube were eventually dismissed from the case ...

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Expect Strong IP Push From Global Pharma Industry Next Year; WHO Prescribes Dose Of Reality from

NEW YORK - Strong intellectual property rights will be a top priority for the pharmaceutical industry internationally in the coming year and arguments for over IPRs versus medicines access are false, a top representative said at ...

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Two Interesting Upcoming Events in D.C. from

By Jason Rantanen There are two terrific looking patent law symposia in D.C this month . On Tuesday, November 11, the American University Washington College of Law and the University of Utah – S.J. Quinney ...

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Evidence of Prior Acquisition of Business Including Patents Admissible Generally, But Not Allocation of Purchase Price from

The court granted in part plaintiff's motion in limine to preclude evidence of prior sales and valuations of the patents-in-suit. "[A]lthough [two] acquisitions represent imperfect evidence, they are relevant to damages and that ...

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CAFC reverses ED Texas on claim construction in Azure v. CSR from

In the case Gevo v. Butamax, there was a situation of stipulated infringement under a district court claim construction, followed by an appeal to the CAFC of the claim construction, wherein the district court was ...

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MVS Filewrapper® Blog: STEM Education Linked to Increased Innovation, Patenting from

An interesting new discussion paper from John V. Winters at Oklahoma State University highlights the connection between foreign and native college graduates with science, technology, engineering, and math (STEM) degrees and per capita patenting. The ...

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Re-purposing story lines from

On the topic of "self-plagiarism," note that some of the Rigg era Avengers episodes borrow from earlier (British) Avengers episodes. The Rigg era piece "The 50,000 Breakfast" is very close to "Death of a ...

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Webinar on Interplay between District Court Litigation and PTAB Post-Grant Proceedings from

The American Intellectual Property Law Association (AIPLA) will be offering a webinar entitled "Navigating the Shoals between the PTAB and District Court" on November 19, 2014 from 12:30 - 2:00 pm (Eastern). Scott M ...

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European Patent Reform Forum USA 2014 from

Managing Intellectual Property will be holding a European Patent Reform Forum on December 10, 2014 in San Jose, CA and on December 12, 2014 in New York, NY. The conference will offer presentations on: • The ...

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Webinar on Enablement and Written Description from

Strafford will be offering a webinar/teleconference entitled "Section 112(a) Enablement and Written Description: Leveraging CCPA and Early Federal Circuit Decisions -- Capitalizing on Past Precedent to Withstand 112(a) Rejections and Attacks on Patent ...

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