Patent & IP news for June 18, 2015

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post image French toast leaves a sour taste for Battistelli on EPO's big day from

The management of the European Patent Office has generally been able to count on public expressions of support and smiling photo opportunities with national politicians when EPO President Benoît Battistelli goes offsite on his travels ...

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post image When the business is over: an IP enthusiast's thoughts from San Francisco from

This Kat at the Gala DinnerAfter two very intensive 20-hour days of IP conferencing at IPBCGlobal 2015 [reported in nine blogposts on IP Finance and one on this weblog too], in which this Kat ...

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Meet the Biotechnology Innovation Organization from

From the 2015 BIO International Convention in Philadelphia, PA Will a rose by any other name . . .? As part of his remarks during the Keynote Luncheon earlier today at the Biotechnology Industry Organization (BIO) International Meeting ...

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Institution of IPR For One of Two Asserted Patents No Basis for Stay from

The court denied defendants' motion for a continued stay pending inter partes review after the PTAB instituted review of only one patent-in-suit. "The [granted] petition only addresses three out of the eleven asserted claims in ...

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Has the Copyright Board Taken a Substantial Position on Substantial Parts? from

What does it mean to be “substantial”? No, this is not the kind of question that requires a long reflective look in the mirror (unless that’s your thing…I’m more of the “stare ...

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Announcing the Winners of the Gowlings Best Blog in IP Law and Technology Prize from

IP Osgoode would like to congratulate the winners of the Gowlings Best Blog in IP Law and Technology Prize for 2014-2015.  Four prizes in total are awarded each year to Osgoode students and the winning ...

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WIPO: Roving Seminars Reach Out To Stakeholders In Developed Countries from

The World Intellectual Property Organization has initiated a programme of reaching out to stakeholders in developed countries with “roving seminars” on WIPO services and initiatives. The programme targets potential WIPO customers, promotes local IP services ...

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As to "promote the progress," note issues in scientific journals--Misconduct and poor laboratory practice in science threatens the scientific progress from

In a post in The Scientist titled Widespread Data Duplication, Kerry Grens discusses work by
Morten P. Oksvold in the June 2015 issue of Science and Engineering Ethics :

Oksvold had collected 40 papers continuously as ...

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Tips for arguing Unexpected Results Arguments to overcome obviousness from

MPEP Sections 716 and 2145 provide a good primer on arguing unexpected results in order to overcome obviousness. To dig into the topic in a little more detail, this post will discuss a number of ...

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Tech policy primer for Presidential candidates (1) from

Yesterday, my friends over at the Information Technology and Innovation Foundation (ITIF) released a new report on Tech Policy 2016: What Presidential Candidates Should Be Talking About. The report is written as a memo for ...

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Tech policy primer for Presidential candidates (2) from

As I noted in my earlier posting, ITIF has published a version of what it would like to hear from the Presidential candidates. Here is the campaign speech I would like to hear: America has ...

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Is Derek Khanna wrong on patent reform? from

Within Derek Khanna's The U.S. Patent System is Broken: Derek Khanna on Trolling and Low-Quality Patents, one finds a number of mistakes:

"A patent is a government-granted monopoly" that gives the owner sole ...

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Samsung requests full-court review of appellate decision on Apple's design patents: claim construction, damages from

Samsung filed a petition yesterday for an en banc (full-court) rehearing concerning the design patents-related issues relating to the Federal Circuit's mid-May appellate opinion in the first Apple v. Samsung case. Apple did not ...

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On remand, CAFC holds that Teva's Group I claims are invalid for indefiniteness; Teva loses. from

The CAFC noted:

On remand, the parties submitted supplemental briefing
explaining how the appeal should be resolved in light of
the Supreme Court’s Teva decision.
See Teva Pharm. USA, Inc. v. Sandoz, Inc., No ...

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CAFC vacates injunction and contempt order in ePlus v. Lawson from

Because the USPTO had cancelled claim 26 in a re-exam, the CAFC vacated an injunction and contempt order.


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UN Expert Urges Encryption, Anonymity Online To Preserve Freedom Of Expression from

A United Nations expert on freedom of expression this week has brought international attention to the need for individuals to be able to share completely encrypted, anonymous communications on the internet in order to preserve ...

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Teva v. Sandoz: On remand, Still No Deference and Claim is Indefinite from

Taking up the remand from the Supreme Court, a divided Federal Circuit panel has held true to its prior decision in Teva v. Sandoz – holding once again that the lower court’s claim construction was ...

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Surfs up for Glatopa ( glatiramer acetate injection for relapsing MS )? from

Of the decision in Teva v. Sandoz related to Copaxone,
as to legal matters:

To the extent that Teva argues that the meaning of
“molecular weight” in the context of patents-in-suit is
itself a question ...

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Cephalon v. Abraxis: Abraxane Does Not Infringe Cephalon's Patent Claiming Porous Paclitaxel Matrices from

On June 17, 2015, the Federal Circuit affirmed a district court’s determination in Cephalon v. Abraxis that Celgene’s Abraxane drug product, which contains a fast-dissolving form of paclitaxel, did not infringe Cephalon’s ...

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