Patent & IP news for May 11, 2015

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post image Federal Circuit Chooses Quantity over Quality in Fight over Electro-Mechanical Stimulation Device Patent from

by Dennis Crouch A discussion of Lelo v. USITC and Standard Innovation Corp. (Fed. Cir. 2015): The US International Trade Commission (USITC) provides an alternate/additional forum for asserting patent rights. Unlike district court, the ...

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post image Monday miscellany from

Back from #INTA15.  IPKat team members Jeremy and Neil are now both back from this year's International Trademark Association (INTA) Meeting in San Diego (on which see reflections here, here, here, here and here ...

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Conference & CLE Calendar from

May 12, 2015 - "Patent Prosecution: Leveraging Declarations to Strengthen Patents Against Post-Grant Proceedings" (Strafford) - 1:00 to 2:30 pm (EDT) May 12, 2015 - 31st Annual Joint Patent Practice Seminar (Connecticut, New Jersey, New York ...

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Senators Send Letter on Biosimilars to FDA from

By Donald Zuhn -- A group of Senators led by Sen. Lamar Alexander (R-TN), the Chairman of the Senate Committee on Health, Education, Labor, and Pensions, sent a letter last month to Dr. Stephen Ostroff, the ...

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How much leverage will Ericsson gain over Apple with its European patent infringement actions? from

On Friday, Ericsson announced the filing of " suits in Germany, the United Kingdom and the Netherlands against Apple's products" because negotiations in a global patent license have not resulted in a deal in more ...

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New USPTO design patent rules create option for international design registration from

May 13, 2015 marks a significant day for inventors who apply for design patent protection in the United States.  That’s the day that the United States implements rule changes to implement the Hague Agreement ...

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Fee Shifting and Veil Piercing from

One of the discussion points about the new PATENT Act reform proposal making the rounds is the "reach through" that pierces the corporate veil for those entities that must pay attorneys' fees. Like so many ...

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Another Patent Reform Bill Targets Frivolous Demand Letters from

Last week, the House Energy and Commerce Committee approved yet another patent reform bill to curtail misleading and frivolous demand letters sent by patent assertion entities (also known as “patent trolls”). The legislation, approved by ...

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PTAB Lacks Jurisdiction to Collaterally Attack Prior Decision on Petition to Revive from

The Board declined to institute inter partes review of an image capturing patent because the asserted basis for unpatentability required the Board to determine that the challenged patent was not entitled to the benefit of ...

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Out with the Old, In with the New: DMCA Exemptions Under Review from

The U.S. Copyright Office is currently in the process of conducting its 6th triennial rulemaking review under 17 U.S.C. § 1201 of the Digital Millennium Copyright Act (“DMCA”). This section allows the Copyright ...

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A Shared Cabin in the Woods? Joss Whedon Hit with $10 Million Dollar Copyright Infringement Lawsuit from

In the words of Taylor Swift, Joss Whedon is probably singing: “Are we out of the woods yet?” On April 13th, author Peter Gallagher (no, not the actor known for playing a cool dad on ...

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CAFC in Lelo vs. ITC: ITC’s Final Determination was not in accordance with law . from

From Lelo vs. ITC:

Appellants appeal the finding of the U.S.International Trade Commission that the domestic industry requirements of § 337 were satisfied upon a showing of a “significant investment in plant or equipment ...

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"60 Minutes" does trademarks on 10 May 2015 from

From the piece on "CrossFit":

Glassman says he spends most of his time defending the CrossFit brand with an iron fist.

Greg Glassman: If you don't defend it, you won't have a brand ...

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"Common sense" from Cringely , or was that KSR? from

From Robert X. Cringely  :

Keep this up and I’ll file for a patent of my own: “Trajectories and Methods for Alternating Television Entertainment Feeds Using Infrared, Bluetooth, Ethernet, Radio, Cellular, Child Labor, and/or ...

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Top Agent v. Zillow: need to plead trade secrets with specificity from

ACC on trade secret case   Top Agent Network, Inc. v. Zillow, Inc.:

In February, 2014, Top Agent’s Chief Executive Officer contacted Zillow’s Chief Revenue Officer about a potential investment by Zillow in Top ...

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CAFC affirms PTAB in Tadayon case from

Note the text:

See, e.g., In re Inland Steel Co., 265F.3d 1354, 1361 (Fed. Cir. 2001)(“The fact that [a prior art reference] teaches that [a second step] in addition to [a first ...

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Worrying about inadvertent plagiarism? from

Note the discussion of plagiarism anxiety which appears in the post titled

The Plagiarism Jitters written by    .

which ends with the words:

O.K., one last time. I just went back on the ...

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Joule Unlimited announcement in May 2015: more funding and transitioning to commercial production? from

Joule announced the round Monday [11 May 2015] and said it is a mix of private equity and venture debt. Flagship Ventures, the Boston-area venture capital firm that created Joule in 2007, led the round ...

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Ericsson expands the patent battle against Apple from

Ericsson, a large holder of standard essential patents ("SEP assets") in the mobile world, has recently filed infringement actions against Apple in Germany, the Netherlands and the UK. It claims it wants Apple to license ...

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Rush Holt's US Patent 4,249,518: Method for maintaining a correct density gradient in a non-convecting solar pond from

Rush Holt was the Congressman representing the area of New Jersey including Princeton University.
Holt had a good grasp of issues in patent "reform."

The first claim of his US '518 patent:

 A method for ...

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WIPO Diplomatic Conference On GIs Starts With 28 Member Governments from

Last-ditch efforts by a range of World Intellectual Property Organization members to join treaty negotiations at WIPO this week failed, as the 28 members of the treaty rejected a proposal to allow non-members.

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Never too late: if you missed the IPKat last week ... from

The 45th weekly listing of the previous week's Katposts should be really handy for many of our readers, who have been shuttling back and forth to San Diego for the INTA Meeting and home ...

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FDA Releases "Final" Guidances for Industry regarding the Biosimilar Approval Pathway from

By Kevin E. Noonan -- About three years ago, and less than two years after Congress passed and President Obama signed the Biologics Price Competition and Innovation Act (BPCIA) into law, the U.S. Food and ...

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