Patent & IP news for June 16, 2015

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post image Ford EV Patents Open, Not Free; You Can License For a Fee from

Once is an isolated incident, twice could be a coincidence, but three times – that may make a trend.  Following Tesla’s big patent giveaway about a year ago and Toyota’s fuel cell vehicle patent ...

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post image Tuesday tiddlywinks from

Congratulations, Dids! The IPKat adds his voice to the chorus of congratulations to bonnie design rights fighter Dids Macdonald on the occasion of her being honoured with as an Officer of the Order of the ...

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post image Lego 3D manikin mark valid, says General Court from

Case T‑395/14 Best-Lock (Europe) Ltd v OHIM, Lego Juris A/S is another of those intellectual property cases that hits the headlines on account of its subject matter rather than because of its ...

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post image Given up on following the EPO posts? Here's a recap of the year to date from

Merpel has had a busy year to date, writing primarily about the governance crisis at the European Patent Office (EPO). This is a recap post, intended to bring new readers up to speed, as well ...

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post image Whittling down patent damages below EMV from

Bottom line: Patent damages for patent infringement can be whittled down in circumstances where the patented invention is directed to only one component of a multi-component system, or the claimed invention contains both conventional and ...

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Digital Migration Brings New Intellectual Property Challenges from

The era of analogue television broadcasting is coming to an end in different parts of the world and is being replaced with digital terrestrial broadcasting. The transaction deadline day widely known as the ‘Digital Switchover ...

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Expedited Patent Appeals from

For a patent applicant, the appeals process is slow – adding years to the patent prosecution process.  While the USPTO is slowly addressing its unduly large backlog of appeals, it is also proposing a new Track-1 ...

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Patent for "Delivering Selectable Media Content and Subsequently Playing the Selected Content on a Portable Device" Invalid Under 35 U.S.C. § 101 from

The magistrate judge recommended granting defendants' motion for judgment on the pleadings that plaintiff's portable device media delivery patent was invalid for lack of patentable subject matter and found that the claims were directed ...

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Not the only regional ogre: does EPO have a soul-mate in OAPI? from

If you thought that the European Patent Office (EPO) was the only international intellectual property administration that was coming under the scrutiny of an increasingly critical world for behaviour that ill befits its status, think ...

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Williamson v. Citrix: En Banc Opinion on § 112, para. 6 from

By Jason Rantanen Richard A. Williamson v. Citrix Online, LLC (Fed. Cir. 2015) Download Opinion Panel: Moore, Linn (author), and Reyna.  Part II.C.1. decided by the court en banc. In the original panel ...

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Special Report: Analysis of CBM Standing Decisions from

CBM review is available only to a party charged with infringement of a CBM patent. To qualify, the patent must be directed to a financial product or service but not a technological invention. Of the ...

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ICANN Is Not The Internet Content Police from

ICANN's Allen Grogan writes: Allow me to say this clearly and succinctly – ICANN is not a global regulator of Internet content, nor should the 2013 Registry Accreditation Agreement (RAA) be interpreted in such a ...

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European Parliament Committee Copyright, Trade Secret Votes Prove Controversial from

In voting that took over an hour due to the more than 550 amendments proposed, the European Parliament Legal Affairs (JURI) Committee Tuesday adopted an own-initiative report by German MEP Julia Reda of the Greens ...

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The Past and Future of Functional Claiming... from

As Lisa predicted a couple weeks ago, the Federal Circuit issued a new en banc (11-1) opinion today in Williamson v. Citrix without argument or further briefing. Patently-O has full coverage, so I'll get ...

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US Patent No. 9,057,063 titled Genetically modified biological cells from

US 9,057,063, inventor Theresa O'Keefe, titled Genetically modified biological cells

first claim:

A recombinant genetically modified bacterial cell comprising: a recombinant chromosomally integrated expression cassette, the recombinant chromosomally integrated expression cassette comprising ...

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US 9,059,478 to Semiconductor Energy Laboratory Co., Ltd. titled Lithium-ion secondary battery with graphene and composite oxide layered electrode from

The first claim of US Patent No. 9,059,478:

A lithium-ion secondary battery comprising: a positive electrode comprising: a positive electrode current collector; and a positive electrode active material layer comprising a graphene layer ...

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The appeal of GTNX to the CAFC is dismissed from

The appeal of GTNX to the CAFC was dismissed; GTNX loses:

For the foregoing reasons, we dismiss the appeal and
deny mandamus relief.

The CAFC noted:

We agree with INTTRA that GTNX’s appeal falls ...

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Williamson v. Citrix from

The result in Williamson v. Citrix:

Because the district court erroneously
construed the limitations “graphical display
representative of a classroom” and “first graphical display
comprising . . . a classroom region,” we vacate the judgment
of non-infringement of ...

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News Portals Have Some Liability For Unlawful Content, European Court Of Human Rights Finds from

In the landmark case of Delfi v. Estonia, the Grand Chamber of the European Court of Human Rights today decided that news portals could be held liable for clearly unlawful content in third party postings.

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Patent reform in trouble? from

From the Washington Times,

Patent-reform bill hit from both sides of the aisle


“It’s a broad-spectrum weed killer, but it’s killing plants, too ...

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Denial of IPR Petition Sends Roche/Mayo Patent Back to District Court to Face Invalidation Under 101 from

On June 11, 2015, the Patent Trial and Appeal Board (PTAB) denied a petition for Inter Partes Review (IPR) filed by Cepheid against patent owners Roche Molecular Systems and Mayo Foundation for Medical Education and ...

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Avoiding Recusal? from

Whenever there is a rash of Rule 36 decisions, it seems as though an unanticipated en banc decision is soon to follow.  Lately, the Federal Circuit has issued what seems like a large number of ...

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News from Abroad: High Court of Australia Hears Myriad Appeal from

By Claire Gregg & Martin O'Brien -- The High Court of Australia today heard the long anticipated appeal from the unanimous decision of a 5-judge bench of the Full Federal Court to allow Myriad's claims ...

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