Patent & IP news for December 12, 2014

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post image Friday fantasies from

"This is such a one-sided 'debate' due to IPKAT censorship of contradictory comments". This extraordinary statement was posted by an anonymous commenter today at 11:32:00, referring to the string of comments received in ...

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post image Who Needs a Patent? from

My response to the question posed in the title of this post is typically: “the only person who needs a patent is a patent attorney.” Indeed, if a patent attorney fails to convince clients like ...

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post image Badly behaved politicians, Parliamentary Pirates and a point of copyright principle from

Amelia AndersdotterMerpel has received a call for assistance from an unusual source: Amelia Andersdotter. A Swedish politician and former Swedish Pirate Party Member of the European Parliament, Amelia does not yet share all of ...

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Christopher Beauchamp: Invented By Law from

I have just obtained my copy of Christopher Beauchamp's new book, Invented by Law: Alexander Graham Bell and the Patent That Changed America, which recounts the story of Alexander Graham Bell's legal battles ...

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PTAB Update -- Hatch-Waxman-Watch Edition from

By Andrew Williams -- The pharmaceutical industry has been closing watching the proceedings at the Patent Trial and Appeal Board ("PTAB" or "Board") to see if inter partes review ("IPR") will be a viable option for ...

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Japanese Foundation for Cancer Research v. Lee (Fed. Cir. 2014) from

When you file a disclaimer, you'd better mean it By Kevin E. Noonan -- The Federal Circuit reversed a District Court decision this week in a case involving an improperly filed statutory (terminal) disclaimer, in ...

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BREAKING NEWS: EPO Communique -- Boards of Appeal "independent in principle"; "precautionary" suspension approved; concern "expressed" from

Here is the text of the communique issued this morning on the European Patent Office website:

Munich, 12 December 2014Communique on decisions taken by the Administrative Council at its 142nd meeting concerning senior employees ...

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In re Franciscan Vineyards from

The opposer lost in this trademark appeal at the CAFC.

Domaines Pinnacle, a Canadian corporation and pro- ducer of alcoholic ice apple wines, filed an intent-to-use application at the PTO, seeking to register a DOMAINE ...

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Government delegates express 'concern at an incident unique in the history of EPO': suspension of judge from

On its website, the European Patent Office has published a "communiqué" concerning this week's meeting of the Administrative Council (AC) of the European Patent Organisation (the international body running the EPO) that contains a ...

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More on Product-by-Process claims - what is the law, why is it, and what should it be? from

My post on Wednesday morning has attracted a large number of comments, including many thoughtful contributions, and so I would like to follow up concerning the wider issue of product-by-process claims (independent of the specific ...

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Copyright Exceptions For Libraries: WIPO Should Step Up Before Someone Else Does, Researcher Says from

The author of a World Intellectual Property Organization-commissioned study said this week that WIPO should take the lead on the issue of limitations and exceptions to copyright for libraries, before the debate and the solution ...

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WTO: Talks On GI Register Start, Tied To Other Negotiations In July 2015 Deadline from

An informal meeting of World Trade Organization members on a long-discussed register on geographical indications of wines and spirits today showed that member states were committed but not yet inclined to delve into the issues ...

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Contrary Construction in Reexamination No Basis for Reconsideration of Court’s Claim Construction from

Following an ex parte reexamination of the patent-in-suit, the court denied plaintiff's motion to reconsider claim construction and vacate a related summary judgment order. "Although [plaintiff] concedes that its proposed course of action would ...

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9th Circuit Oral Arguments YouTube Page from

The U.S. Court of Appeals for the 9th Circuit appears to have increased the number of oral arguments that it records on video.  Many of those are available at this YouTube link:  https://www ...

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The Economist discusses the "patent fiction" of increased Chinese filings. from

From the Economist in post Patent fiction discussing the Thomson Reuters report titled “China’s IQ (Innovation Quotient),” which highlights the astonishing increase in patents filed in China:

That is why it is useful to ...

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DDR Holdings: A New Perspective On Patenting Internet Processes? from

The Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014) created perplexing issues for those hoping to patent computer-implemented processes and associated systems. The Court described a ...

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Supreme Court to test its Spidey-Sense in Patent-Antitrust Case from

The Supreme Court has granted certiorari in the patent licensing case of Kimble v. Marvel Enterprises (13-720) with the following question: Whether the Court should overrule Brulotte v. Thys Co., which held that “a patentee ...

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