Patent & IP news for November 18, 2014

Patent Litigations

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Patent & IP Blogs

post image Lantana's lament: no technical contribution, no patent from

Technical contribution? Dream on ...!It may not be Alice v CLS Bank International all over again, but Lantana Ltd v The Comptroller General of Patents, Design and Trade Marks [2014] EWCA Civ 1463,  a Court ...

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post image "IP in Transition: Desperately Seeking the Big Picture" from

IP in Transition: a Kat speaks*IPKat blogmeister Jeremy has now just finished delivering, in the Brisbane offices of Fisher Adams Kelly, the fourth and final version of "IP in Transition: Desperately Seeking the Big ...

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post image "The claim from Spain is heading down the drain ..." as Bot smacks challenge to unitary patent from

"Sin comentarios" -- or should that
be "sense comentaris"?
Readers of this weblog will know that the Spanish have not been happy about the legality of Europe's new unitary patent and that, back in 22 ...

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post image Broad patents spread a wide net but more likely to be invalid from

In Abbvie v. Janssen (Fed. Cir. 2014), the claims of the patents at issue defined the claimed invention by its function, rather than by its structure. To put it in layman’s terms, it claimed ...

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post image Patent Litigation Rates from

One of the ongoing themes of patent reform advocates is that patent litigation is out-of-control and is overwhelming the business capabilities of operating companies.  In an interesting new paper, Ron Katzneslon offers a partial rebut ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AstraZeneca Pharmaceuticals LP et al. v. Pharmadax USA, Inc. et al. 1:14-cv-07105; filed November 3 ...

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The finances of the European Patent Office - Merpel takes a look from

Merpel was in the process of deciding between duck with animal derivative sauce and fisherman’s feast when another type of derivative caught her eye.  Leaving her saucy decision to the side, she though she ...

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No unitary patent before establishment of unified court, advises Advocate General from

Advocate General Bot's combined Opinion today in Case C-146/13 Spain v Parliament and Council and C-147/13 Spain v Council was directed principally at Spain's challenges to the legality of Regulation 1257 ...

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ITU Looks Into Issues Of Counterfeit, Substandard ICT Products from

This week, the International Telecommunication Union is holding an event highlighting the UN agency's entry into what it describes as the growing problem of counterfeit and fake information and communication technology (ICT) products. Officials ...

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Indian court reduces provisional royalty rates Micromax has to pay Ericsson in pre-trial phase from

In March 2013 the Delhi High Court ordered India's leading Android device maker, Micromax, to make a deposit of FRAND royalties in order to avoid the injunctive relief Ericsson originally sought. For the royalties ...

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Provisional Rights Must be Pled as Separate Claim from

The court denied plaintiff's motion to compel discovery as to when defendant became aware of plaintiff's patent applications. "The Court’s research indicates that a claim of pre-issuance infringement pursuant to 35 U ...

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MVS Filewrapper® Blog: Oral Arguments Held in Appeal of First IPR from

By Jonathan Kennedy


On November 3, 2014, a three-judge panel of the Federal Circuit heard oral arguments in In re Cuozzo—the appeal from the first inter partes review ("IPR") instituted by the USPTO.  As ...

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Moving Toward Unified European Patent Enforcement: Leaping Another Hurdle (una otra valla) from

Guest Post by Thomas Leonard of Kilburn & Strode LLP, London   The Advocate General for the CJEU has recommended Spain’s challenge to the Unitary Patent be thrown out.  Although not legally binding, it gives a ...

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Frakes & Wasserman on Time-Crunched Patent Examiners from

Next in my CELS IP recap: Melissa Wasserman (Illinois) presented Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-Level Application Data (coauthored with Michael Frakes at Northwestern ...

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IP Osgoode Speaks Series Video: Territoriality of Trademarks in a Post-National Era from

IP Osgoode would like to thank everyone who attended Professor Graeme B. Dinwoodie‘s lecture, titled “Territoriality of Trademarks in a Post-National Era,” on September 18, 2014 at Osgoode Hall Law School. The video of ...

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Patentee loses on summary judgment in Warner Chilcott v. Teva from

The "reasonable to try" aspect of obviousness arose in the case:

In re O’Farrell, 853 F.2d 894, 903–04 (Fed. Cir.
1988) (“Obviousness does not require absolute predictability of success. . . .
For obviousness under ...

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Vehicle IP prevails at CAFC from

Generally, claim terms are given their ordinary and
customary meaning as understood by one of skill in the
art at the time of the invention. Id. at 1312-13 (citing
Vitronics Corp. v. Conceptronic, Inc.
, 90 ...

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Seeing stars and non-dominant rabbits: a couple of trade mark decisions and a rant from

Seeing stars.  All sorts of things have been occupying this Kat's attention for the past few weeks so he hasn't been able to bring you any thoughts or comments about some of the ...

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NCIS on the legal issue of the status of Corpsman aiding civilians (Navy medics are not discharged as EMT Basic (?)) from

A Navy corpsman helps victims of a car crash, and is charged with practicing law without a license.

A police officer (Harper) tells Gibbs: you can't change the law.

Gibbs contacts lawyer Kerry Clark ...

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Certainly Commendable but Perhaps not Practical – Canada’s Competition Bureau Releases Guidelines on Pharmaceutical Patent Litigation Settlements from

On September 23, Canada’s Competition Bureau (“the Bureau”) announced  landmark guidelines regarding the consideration of pharmaceutical patent litigation settlements under Canada’s competition law framework. The Bureau’s guidelines on this issue were released ...

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