Patent & IP news for June 30, 2015

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post image One Year Anniversary of Alice from

Marc Brockhaus and Jordan Sigale

On this one year anniversary of the Supreme Court’s decision in Alice Corp., much of the Section 101 jurisprudence still remains a little jumbled, which gave us at Dunlap ...

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post image Means plus function presumption lowered to pre-2004 bar from

Bottom line: Under Williamson v. Citrix Online (en banc Fed. Cir. 2015), the Federal Circuit, en banc, lowered the standard back to the pre-2004 standard for when a claim limitation is to be construed as ...

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post image Patent Déjà vu - Hospira v Genentech and another patent dies from

There has been a superabundant deluge of patent cases last week, with two decisions from the Court of Appeal and two from the Patents Court.  So it is with slight delay that the IPKat comes ...

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post image The IPKat and his friends: the latest round-up of some IP weblog news from

Once every three months or thereabouts, the IPKat and Merpel post an update of the goings-on both on this weblog and on other IP-flavoured blogs to which members of the IPKat's blog team contribute ...

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post image Tuesday tiddlywinks from

The advantage of a furry face:
no-one can see you blush
Justia Blawgsearch. Via a post on the excellent Copyright Litigation blog ("All practice, no theory") this Kat read with happiness, excitement and not a ...

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post image Are EU policy-makers fighting the right copyright battles? from

Amidst all these polite conversations
around EU copyright reform ...
Debate is currently being undertaken at the level of EU institutions as to whether the existing legislative framework in the area of copyright should be updated ...

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McRo, Inc. v. Square Enix, Inc. (C.D. Cal. 2014) from

By Eddie Obissi and Michael Borella -- Note: This coverage of a district court case from last year provides an overview of the patented invention, as well as the decision currently being appealed to the Federal ...

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Voluminous Petition and Supporting Exhibits Warrant Denial of Inter Partes Review from

The Board denied institution of inter partes review of a digital rights management patent because the petition and supporting exhibits were too voluminous to permit a just, speedy, and inexpensive resolution of the proceeding. "The ...

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CAFC relies on intrinsic record for claim construction in Cambrian from


Cambrian makes the additional argument that the
district court should not have relied upon Mr. Koch’s
expert testimony. We need not reach that issue here, as
the intrinsic evidence fully determines the proper ...

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Poland To Modify Authors’ Rights Violations Regulation Following Constitutional Court Ruling from

WARSAW - Poland’s Constitutional Court has released a ruling in which it states that the country’s regulation obliging any entity violating other entity’s author’s rights to pay the threefold amount of due ...

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Mytheos Holt praises Goodlatte’s Innovation Act from

Mytheos Holt, a Senior Fellow in Freedom to Innovate with the Institute for Liberty, and sometime writer for US Senator John Barrasso (R-WY), goes after Democratic Iowa Senate Candidate Bob Krause in an article in ...

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Microsoft loses at PTAB in re-exam 95002315 from

Back in January 2014, techcrunch noted:

Motorola Mobility is being sold to Lenovo, in a deal worth $2.91B. Google is divesting itself of the handset division it purchased for $12.5B in 2011, but ...

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How Startup Patent Filing is Different from

The prevailing view of patent experts who advise innovators–be they individuals or companies–it that patent filings should occur as early as possible. This advice, which is even more prevalent now that the US ...

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Abbvie petition for re-hearing denied by PTAB in ritonavir case from

The third party requester in the 95/000,569 case concerning US Patent 6,703,403 was Pubpat .


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PTAB decision in Ex parte Florian from

The PTAB basically adopted the arguments of the Appellant in the case Ex parte Florian :

We reverse the above § 103 rejection,
for substantially the reasons provided by Appellants in their Brief and Reply Brief.
We ...

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Applied Materials wins at PTAB in Ex parte CUVALCI; PTAB mentions "the epitome of hindsight" from

The discussion section begins:

We reverse the Examiner’s rejection for the reasons set forth in
Appellants’ Appeal and Reply Briefs.
We add the following for emphasis.
As the Federal Circuit has explained, “rejections on ...

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Kessler Doctrine Cuts-Short Customer Lawsuit from

SpeedTrack v. Office Depot (Fed. Cir. 2015) In a civil procedure focused decision, the Federal Circuit has affirmed that SpeedTrack’s infringement action is precluded under an expanded version of the “Kessler doctrine” originally created ...

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New Technologies For Visually And Hearing Impaired People Lack Commercialisation from

A World Intellectual Property Organization patent landscaping report launched this week shows that although a large number of patents have been granted on technologies aimed to help visually and hearing impaired persons, most of them ...

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