Patent & IP news for January 20, 2015

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Patent & IP Blogs

post image Sensory copyright : IPKat, BLACA team up for a joint event from

Talking scents? On Tuesday 24 February the IPKat weblog will be teaming up with the British Literary and Artistic Copyright Association (BLACA) for the second year running to host an exciting meeting on sensory copyright ...

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post image Exodus 2.0: pirate sites and the seven seas from

Last week, the IPKat published a guest post from Spanish IP enthusiast Míchel Olmedo Cuevas on how Spain spent its first month without the benefit of Google News's aggregation service.  Tonight the Kats are ...

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post image Cross-Border Enforcement of Intellectual Property: at last, the book review from

Earlier this month, this Kat posted an announcement concerning the publication of The Research Handbook on Cross-Border Enforcement of Intellectual Property, and explained that, as an interested party (being editor of the publisher's Research ...

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post image The Top Green IP Stories of 2014 from

Before we get into the new news, let’s take a quick look back at the top green IP stories of 2014.   5.  GE Wins Ownership of Key Wind Patent In what was something of ...

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Ultramercial Requests En Banc Review from

By Michael Borella -- Two months ago, in a long-awaited decision, the Federal Circuit invalided Ultramercial's U.S. Patent No. 7,346,545, directed to online video advertisements, as lacking patent-eligibility under 35 U.S ...

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Guest Post on Dan Burk's "Curious Incident of the Supreme Court in Myriad Genetics" from

This is a guest post by Vikram Iyengar, a J.D. student at Stanford Law School. He thanks Prof. Mark Lemley for introducing him to Patent Law, and Prof. Hank Greely for his guidance with ...

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Keep Your Eyes Open: Protecting Trademarks Through Active Litigation from

Industry-specific trade shows offer manufacturers the opportunity to market their products and keep tabs on trends in their industry. However, these shows also provide an opportunity for manufacturers to identify counterfeit models of its products ...

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What I want to hear in the State of the Union - 2015 from

According to press accounts (and comments by President Obama himself), tonight's State of the Union address will focus on the economy and the middle class. Much of what the President is expected to propose ...

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WIPO Re:Search Programme Celebrates 3 Years And Looks To The Future from

Several years ago, the World Intellectual Property Organization set up a project aimed at helping bring together those with intellectual property rights and those with ideas for research to develop medical products for people in ...

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“Difficult Burden” for Inequitable Conduct Justifies Second Deposition of Prosecution Counsel from

The court granted defendants' motion to compel a second deposition of plaintiff's original patent counsel and produce documents withheld as work product because of defendants' difficult burden under Therasense. "[Counsel] already has been deposed ...

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Teva v. Sandoz: Fact Issues in Claim Construction Reviewed for Clear Error, Ultimate Decision De Novo from

The Supreme Court released its opinion in Teva v. Sandoz this morning, holding 7-2 that fact issues in claim construction are reviewed for clear error, as required by Fed. R. Civ. P. 52(a)(6 ...

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Teva v. Sandoz: Deferential Review on Factual Issuse from

By Jason Rantanen Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (2015) Download Opinion Breyer (author), joined by Roberts, Scalia, Kennedy, Ginsburg, Sotomayor, and Kagan; Thomas (dissenting) joined by Alito. One (or both) of us will ...

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JUST OUT - Molecular weights at the Supreme Court - Teva v Sandoz from

This moggy covered (here and here) the UK litigation of Generics (t/a Mylan) v Yeda/Teva, in which a patent that covered glatiramer acetate (copolymer 1 or copaxone) was held valid despite having a ...

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McKenna on Sampat on Serendipity from

A long running debate in the modeling of innovation is whether discoveries are sure to arise by targeted research investment or by unexpected moments of invention. Suzanne Scotchmer lays out the different models in her ...

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Teva v. Sandoz: Partial Deference in Claim Construction from

by Dennis Crouch As President Clinton taught, the meaning of words is always up for debate.  In the patent realm, actual claim scope often depends upon the particular meaning given to the individual words and ...

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Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. -- "Evidentiary Underpinnings" of Claim Construction: Supreme Court Holds Findings of Fact Require Deference from

By Andrew Williams -- In a 7-2 decision authored by Justice Breyer, the Supreme Court held today that an "appellate court must apply a 'clear error,' not de novo, standard of review" to the evidentiary underpinnings ...

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Teva wins at Supreme Court by 7-2 vote from

Justices Thomas and Alito dissented.

The  punch line of the dissent is in the last paragraph:  Although it relied on expert testimony to understand  the science underlying petitioners'  claims, the District Court made no findings ...

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MVS Filewrapper® Blog: New Supreme Court Decision Alters Review of Claim Construction Decisions from

Post by Dan Lorentzen


The Supreme Court has issues a decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., holding that appellate review of a district court’s decisions relating to subsidiary factual matters made ...

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Relevant to Supreme Court decision in Teva v. Sandoz: measures of molecular weight from

Relevant to part III of the Supreme Court decision in Teva v. Sandoz, note the
following text from an earlier post on IPBiz:

A commenter on PatentlyO cites to a PatentDocs post from July 29 ...

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Year Ahead: Big IP Developments Loom For US Law In 2015 from

2014 brought major changes to the United States intellectual property system, particularly in the area of patent law. 2015 promises more of the same, as the new Supreme Court ruling in Teva Pharmaceuticals USA v ...

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