Patent & IP news for January 23, 2015

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post image Pharma and biotech patents: a law unto themselves -- and a litigation conference to match? from

Cloning: a plus for biotechThis Kat, who loves patent law but is no scientist, has been reading, with interest, enjoyment and increasing understanding, the recent blogposts by guest Kat Suleman Ali on the topic ...

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post image "New career system" for EPO Examiners: take on extra work from

Examiner by day, novelist by night A product of the free market system, this moggy likes the idea that people can use their spare time for money-generating activities.  It doesn't matter whether they use ...

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post image Trade mark troubles in the Galápagos islands from

Can there be anywhere on earth whose isolation is more inversely correlated to its contribution to
modern scientific thought than the Galápagos archipelago? Located in the Pacific Ocean some 973 km (605 miles) off the ...

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Are the findings of fact in Teva v. Sandoz clearly erroneous? from

The  so-called "peak average molecular weight" mentioned in Teva v. Sandoz is more accurately termed the mode of the distribution.  It is not an average.

From Wikipedia:

Why the underlying findings of SDNY are clearly ...

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What's Next? Some Consequences of the Teva v. Sandoz Decision from

By Kevin E. Noonan -- It has escaped almost no one's notice that the Supreme Court has spent the past decade or so being much more involved in patent law than in preceding twenty years ...

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"No patent practitioner can ever know"? from

Kevin Noonan at PatentDocs has an interesting post on Teva v. Sandoz which includes the text:

The moral:  no patent practitioner can ever know what terms must be expressly defined, and the only alternative is ...

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Dear EPO Leadership: a judge subjected to an 'office ban' IS a suspended, temporarily-removed judge from

It's time for a follow-up on what's going on at the European Patent Office. The day before yesterday, the EPO staff union, SUEPO, took to the streets of Munich again--this time around, approximately ...

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Biosimilars Present Opportunity, Challenge For Developing Countries, UNCTAD Group Says from

Biosimilars are a hot topic. Beyond the colossal profits foreseen by some, drawing a lot of interested parties into the game, developing countries mean to play a role in this new frontier. However, biosimilars - close ...

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Data Storage and Digital Content Access Patents Not Invalid Under Alice from

The magistrate judge recommended denying defendants' motion for summary judgment that plaintiff's data storage and digital content access patents were invalid for lack of patentable subject matter because they addressed unique problems unknown in ...

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WIPO Seminar Discusses Interface Between IP And Private International Law from

Experts gathered in Geneva recently to review past projects on intellectual property and private international law, and look toward the future. Now, through efforts to draft a set of guidelines, headway is being made on ...

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Dr. Sheppard Selected as Director of USPTO’s Detroit Office from

By Jason Rantanen Congratulations to my colleague at the University of Nebraska College of Law, Dr. A. Christal Sheppard, who I understand has been selected as the first Director of the PTO’s Detroit satellite ...

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Ptab withdraw appeal allowable subject matter from

Taking allowable subject matter after appeal

The Applicant in Ex parte Riley (PTAB 2014) went to appeal with all claims rejected. In the Appeal Brief, the Applicant argued each of the three independent claims, as ...

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Judge Pfaelzer’s Opinion in Cal. Tech. v. Hughes from

If you are feeling beaten down by all the §101 cases finding inventions patent-ineligible, you might find Judge Pfaelzer’s opinion in Cal. Inst. of Tech. v. Hughes Communs., Inc. refreshing. I couldn’t find ...

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Carol Rose on Surprising Commons from

Carol Rose (Univ. of Arizona, and emeritus at Yale Law) has posted a BYU symposium article, Surprising Commons. Here is the abstract:
“Tragedies of the commons” due to overuse and underinvestment have long been known ...

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What does the CAFC do to establish clear error? from

As  to the a Supreme Court directions, the CAFC must review the factual underpinnings of its decision for clear error.

An issue is that Teva made the same argument about Mp to the examiner during ...

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Cyanobacteria in space from

From press zoom:

MELiSSA (Micro-Ecological Life Support System Alternative) is investigating ways of producing food, water and oxygen on long manned space missions with limited supplies. The goal is to support the human exploration of ...

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