Patent & IP news for December 3, 2014

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Patent & IP Blogs

post image Wednesday whimsies from

If you are involved in IP, bioscience and agriculture, having a surname like Berry is no bad thing.  Dominic Berry has alerted the Kats to the existence of Cultivating Innovation, and this is his big ...

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post image Audit clauses in IP licences: how easy it is to go astray ... from

While IP abounds with exciting and sexy topics like infringement, damages and protectable subject matter, much of the really important work done by intellectual property practitioners goes more or less unloved and unnoticed -- until something ...

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post image In suspense about the European Patent Office? You're not the only one ... from

Merpel catches up on her
incoming EPO mail ...
In recent posts here and here Merpel has been spreading the word concerning the increasing disquiet and anxiety felt by her and many others regarding the running ...

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post image Merpel revisits the EPO strike from

Merpel reported yesterday on the demonstration at the European Patent Office, with some recently received photographs.  The post attracted lots of comments.  Some -- whose content appeared to suggest that they were written by disgruntled examiners ...

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post image Williamson v. Citrix: Means-plus-function, presumptions, and “nonce” words from

By Jason Rantanen This opinion is notable because it involves an emerging split in the Federal Circuit’s  jurisprudence on “X plus function” claim language.  At the heart of the split is the presumption that ...

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Examination of Myriad-Mayo Guidance Comments -- The Coalition for 21st Century Medicine -- Part II from

By Donald Zuhn -- On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural ...

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IP Osgoode Speaks Series Video: Copyright Exceptions as Users’ Rights? An Empirical Critique from

IP Osgoode would like to thank everyone who attended Dr. Emily Hudson’s lecture, titled “Copyright Exceptions as Users’ Rights? An Empirical Critique,” on September 29, 2014 at Osgoode Hall Law School. The video of ...

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Civil Society Files Opposition To Monsanto Climate-Related Soybean Patent from

A civil society coalition is after one of European Monsanto's patents, accusing the giant seed corporation of biopiracy. The patent granted in February was challenged by the No Patents on Seeds coalition, which filed ...

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“Shoe-in” for Converse? Iconic Sneaker Company puts Foot Down and Sues for Trademark Infringement from

Converse, a subsidiary of Nike[1], has recently filed 22 separate lawsuits against 31 retailers and shoe designers, claiming trademark infringement for the design of their classic “Converse All Stars” shoes. Defendants include giant retailers ...

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BPCIA Precludes Declaratory Relief Claim of Invalidity by Biosimilar Drug Applicant from

The court granted defendant's motion to dismiss plaintiff's declaratory relief action because of the statutory dispute resolution under the Biologics Price Competition and Innovation Act. "Even if the Court were to find that ...

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Federal Circuit Continues to Support Claiming Pharmaceutical Function from

by Dennis Crouch Par Pharma v. TWI Pharma (Fed. Cir. 2014) In a strong opinion, the Federal Circuit has overturned a lower court summary judgment that Par’s megestrol formulation patent claims are obvious.  (U ...

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MVS Filewrapper® Blog: USPTO Publishes its 2014 Patent Public Advisory Committee Annual Report from

By Jonathan Kennedy

The Patent Public Advisory Committee (PPAC) for the USPTO published its Annual Report for the 2014 fiscal year.  The annual report is directed to the President of the United States and addresses ...

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The Feds Win! from

The Voice of America was created in 1942.  It became famous during World War II when radio emcees would broadcast news, songs, updates and even propaganda to US and Allied citizens, and also to...


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Sensitive Application Warning System at the USPTO from

In a post titled The U.S. Government Has a Secret System for Stalling Patents, Alyssa Bereznak talks about information concerning the Sensitive Application Warning System (SAWS) program at the US Patent Office.

Within the ...

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PAR wins appeal in “megestrol” case; D. Maryland decision vacated from

In PAR v TWI , the CAFC vacated a decision of D. Maryland.

As to obviousness,

We first must determine whether TWi carried its
burden to prove that all claimed limitations are disclosed
in the prior ...

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