Patent & IP news for November 17, 2014

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post image Monday Melange from

The AmeriKat ready to go for
the final round of comments on the
UPC prototype
Countdown to final comments in on UPC prototype:  Further to the AmeriKat's posts here about the testing of the ...

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post image Board obvious advantages specification from

Board affirms obviousness and refers to Applicant specification for advantages of adding secondary reference

Takeaway: The Applicant appealed an obviousness rejection of claims directed to a process of manufacturing stents. Though the Final Office Action ...

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post image Court struggles to define abstract ideas for patent eligibility purposes from

Under U.S. patent laws, an invention must be directed to a statutory category that is eligible for patent protection. These categories include a process, a machine, a manufacture or a composition of matter. (35 ...

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post image Taking escorts' photos from a competitor's website without permission? Not a smart idea, rules Birss J from

An incredibly revealing picture
of wannabe luxury escort Paulo
This morning Birss J issued his decision in Omnibill v Egpsxxx and Carter [2014] EWHC 3762 (IPEC), a saucy case concerning copyright, escort services and pornographic ...

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post image FTC announces settlement with patent assertion entity MPHJ from

Almost a year ago, the Federal Trade Commission initiated an investigation into the conduct of MPHJ Technology Investments LLC, a patent assertion entity which allegedly employed deceptive tactics to persuade small businesses to acquire licenses ...

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Conference & CLE Calendar from

November 19, 2014 - "Navigating the Shoals between the PTAB and District Court" (American Intellectual Property Law Association) - 12:30 - 2:00 pm (Eastern) November 20, 2014 - "PTAB Invalidity Proceedings -- Lessons Learned in the First Two ...

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Ultramercial Inc. v. Hulu LLC (Fed. Cir. 2014) from

By Michael Borella -- 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. On a 12(b)(6) motion, and ...

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Ultramercial again: claims are the definition of what a patent is intended to cover from

Judge Mayer concurred:

I agree that the claims asserted by Ultramercial, Inc. and Ultramercial, LLC (together, “Ultramercial”) are ineligible for a patent, but write separately to emphasize three points. First, whether claims meet the demands ...

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PTAB vacated in Rozbicki from

Bottom line:

For the reasons above, and because we find that Rozbicki’s remaining arguments are without merit, we affirm the PTAB’s claim construction, and consequently, affirm its finding of written description support and ...

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Never too late! If you missed the IPKat last week from

Did you miss the IPKat last week? Don’t worry, because our good friend Alberto Bellan is back with his 20th round-up of all the Kat-items that were posted while you were away.
* "Desperately ...

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Federal Circuit reverses course in Ultramercial v. Hulu; finds method of delivering advertisements to be an abstract idea from

A method of providing advertising in connection with streaming media is not eligible for patenting, according to the latest decision of the Federal Circuit in the long-running Ultramercial v. Hulu patent saga. Ultramercial’s patent ...

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US IP Industry Meeting With Indian Judges A “Ruse”, Activists Say from

Public health activists and others have been watching closely in recent months as United States government and industry officials meet steadily and intensively with Indian counterparts to press change in that country's intellectual property ...

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Supplemental Damages for Pre-Verdict Infringement Requires Bifurcation from

The court denied plaintiff's motion for pre-verdict supplemental damages following a jury verdict based on defendant's failure to produce damages discovery. "During discovery, [defendant] failed to produce any financial records later than 2011 ...

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An Update on Patent Reform 2015 from

by Dennis Crouch The current outlook for legislative patent reform in 2015 is not so much whether reforms will be enacted but instead how far they will go.  In a Chamber of Commerce IP event ...

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USPTO Telework Abuses from

by Dennis Crouch On November 18, the Congressional Judiciary an Oversight Committees will jointly hold hearings on the USPTO Telework Scandal.  As with many beltway-scandals, this one is double-dip involving both the scandal and then ...

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The Caravan Has Set Out For Neo-Liberal Capture Of Global Governance from

The Net Mundial initiative of the World Economic Forum represents the first time that such a corporate-led venue – although sold as multistakeholder, open, and voluntary, among others – is positioned as being 'the' mechanism for global ...

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Reissue Patent with Shifted Claim Focus Invalid: Not “clearly and unequivocally disclose[d] … as a separate invention.” from

by Dennis Crouch In Antares Pharma v. Medac Phama (Fed. Cir. 2014), the court has invalidated Antares’ reissue patent no. RE44,846 — finding that the reissued claims fail to comply with the “original patent” requirement ...

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Index: Pharma Industry Improves On Access To Medicines, Needs Work On Ethics, Patent Disclosure from

The 2014 edition of an independent ranking of leading pharmaceutical companies' efforts to help developing countries released today found new initiatives undertaken in the past two years. But it said corruption and insufficient disclosure of ...

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CAFC affirms D. Del. in Antares v. Medac and explains "the original patent requirement" of 35 USC 251 from

The CAFC affirmed Judge Robinson in the Antares case.

Antares is a developer of automatic injection devices
used to self-administer pharmaceuticals. It is the assignee
of U.S. Patent No. 7,776,015 (“the ’015 ...

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Professor plagiarized student in Canada from

From within a post by Geoff Leo titled Plagiarism allegation against U of R prof highlights growing problem

The most recent allegation of plagiarism in the engineering faculty at the University of Regina (U of ...

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