Patent & IP news for February 10, 2015

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post image "Fool's errand": no need to create your own brand if you can use someone else's from

This Kat has been reflecting on a recent trade mark infringement ruling that has left him feeling rather uncomfortable.  The case in question is Speciality European Pharma Ltd v Doncaster Pharmaceuticals Group Ltd & Madaus GmbH ...

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post image Spanish Supreme Court asks: does compensation for moral prejudice tie in with lump sum IP infringement damages? from

A Spanish Supreme Court decision of 12 January 2015 referred a question to the Court of Justice of the European Union (CJEU) for a preliminary ruling concerning the implementation of Directive 48/2004 (the IP ...

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post image Toyota Offers Limited Free Trial of Fuel Cell Vehicle Patents from

In the wake of Tesla’s move to make its entire patent portfolio available via a blog post / covenant not to sue, Toyota made big news recently with a similar though more limited green patent ...

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post image Tuesday tiddlywinks from

Meeting of minds, or meeting of minders? The European Patent Office's Board 28 meets tomorrow.  The IPKat suspects that, after it has done so, we may be hearing about the consequences -- but this is ...

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post image S.Ct. raises standard to reverse court’s claim construction from

Bottom line: The importance of winning at the district court level for patent litigation has significantly increased due to a recent U.S. Supreme Court case, specifically, Teva Pharamceuticals USA, Inc. v. Sandoz, Inc. (S ...

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post image Getting the balance right: when not to transfer a patent suit to a cost-capped forum from

In Canon Kabushiki Kaisha v Badger Office Supplies Ltd and others, a Patents Court, England and Wales, ruling of Mr Justice Arnold last Friday, the court had to consider an application by the three defendants ...

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Rep. Goodlatte Introduces His Patent Reform Bill (Again) -- Part II from

By Kevin E. Noonan -- As discussed in a prior post, Rep. Bob Goodlatte (R, VA-6th) and a bipartisan collection of sponsors* introduced a bill, once again entitled the "Innovation Act" (H.R. 3309 in the ...

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Solazyme obtains US patent on recombinant algae from

Solazyme obtained US Patent.  , which has abstract


Disclosed herein are obligate heterotrophic microalgae cells containing an exogenous gene. In some embodiments the gene is a sucrose utilization gene, and further disclosed are methods of manufacturing ...

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Apple's US patent '871 on user centric widgets from

The first claim of Apple's US '871:

1. A method, comprising: collecting historical data identifying sequences of user actions for tasks performed on a device, wherein each sequence of user actions includes navigation through ...

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Brian and Hillary from

With people now looking into the Brian Williams matter, it was foreseeable that the earlier Hillary Clinton story would percolate up.  A Washington Times piece begins:


One rainy evening, three people walked into a bar ...

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Depending on the Circumstances, Claim Construction May Be Subject to Clear Error Review on Appeal from

Traditionally, claim construction, which can be an important phase in patent litigation for setting the metes and bounds of a patent, has been viewed as a pure question of law and subject to de novo ...

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Download our 2014 Year in Review Report! from

New patent litigation filings in U.S. district courts declined for the first time since 2010, while the number of proceedings in the PTAB grew more than 200%. At the same time, six Supreme Court ...

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MVS Filewrapper® Blog: Updates to the Innovation Act from

Post by Jill Link



The Filewrapper® Blog has previously reported on the Innovation Act as passed by the U.S. House of Representatives on December 5, 2013 (H.R. 3309) and the companion bill ...

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Designers and investing in innovation from

Here is an interesting trend: "The design partner--a designer who helps manage and select investments--is becoming a mainstay role at venture capital firms." A recent article in Fast Company ("Why VC Firms Are Snapping Up ...

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Patenting Incentives in Universities from

 Dirk Czarnitzki and four coauthors from a variety of institutions have posted Individual Versus Institutional Ownership of University-Discovered Inventions to SSRN. The abstract is short and to the point:

We examine how the ownership of ...

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A Draft National Intellectual Property (IP) Policy for India from

Guest Post by Srividhya Ragavan of the University of Oklahoma College of Law The Indian Department of Industrial Policy and Promotion recently requested comments to the Draft National Intellectual Property (IP) Policy that has been ...

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Non-dispositive claim construction arguments from

Sometimes the Federal Circuit seems to send mixed messages.  In the oral argument of Cradle IP, LLC v. Texas Instruments, Inc. that took place on December 2, 2014, Judge Dyk chastised the appellant for challenging ...

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Patenting incentives at universities from

Comment by LBE at written description blog

RE:  --the authors found that among the professors who did not have prior industry affiliations, patenting increased. But among professors who did have such affiliations, patenting went down ...

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