Patent & IP news for July 2, 2015

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post image Privity: Prevailing Defendant Cannot Take Advantage of Indemnification Agreement to Attorney Fees when Offending Party Fails to Pay from

by Dennis Crouch Buckhorn and Schoeller Arca Systems v. Orbis (Fed. Cir. 2015) As part of a license agreement, Schoeller Arca granted Buckhorn a license to its U.S. Patent No. 5,199,592 in ...

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post image Icons, flags and the Hazzards of intellectual property toxicity from

Many people who had not previously heard of the Dukes of Hazzard TV series (1979 to 1985) are now discovering it via the substantial media coverage attending the decision by Viacom subsidiary TV Land to ...

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post image Allfiled allegations and interim relief: balancing the interests of litigants -- and customers from

Another in this Kat's series of not-quite-so-recent cases that he is writing up now because they flashed past him when he was too busy to grasp hold of them a couple of months ago ...

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post image TMs and social security organizations before the Greek TM Office from

The OAEE (initials for Organismos Asfalisis Eleftheron Epaggelmation) or, roughly, Freelancers’ Social Security Organization is (what else) the Greek State’s social security organization for “freelancers” (this includes lawyers in Greece). Exercising its wisdom (at ...

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post image June employment in tangible and intangible industries from

Continued good economic news this morning on June's employment data from BLS. Payrolls rose by 223,000 net new job and the unemployment rate dropped to 5.3%. However, economists had forecast an increase ...

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At WIPO, Performers Make Case For More Help, Visual Artists Seek Resale Right from

While the World Intellectual Property Organization committee on copyright was discussing the protection of broadcasting organisations this week, performers lobbied for fair remuneration in the digital age. Visual artists, for their part, campaigned member states ...

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Kessler doctrine from 1907 arises in Speedtrack v Office Depot case from

From the decision:

The Kessler doctrine “bars a patent infringement ac-
tion against a customer of a seller who has previously
prevailed against the patentee because of invalidity or
noninfringement of the patent.”
MGA, Inc ...

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Innovation exhibit at First Floor West in Smithsonian American History Museum opened on July 1, 2015 from

Thomas Edison takes heat for his "mechanical doll." Chester Carlson is elliptically remembered in an interactive exhibit. Bryan Willson of Colorado shows up. A model of Langley's Aerodrome appears.

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Patentlyo Bits and Bytes by Anthony McCain from

Eddie Obissi and Michael Borella: McRo v. Square Enix JC Torres: Apple Watch Patent Lets You Fist Bump To Share Files George Kanabe and Bryce Baker: It’s Not Just What You Know But When ...

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Verein Considered Single “Law Firm” for Determining Conflicts from

The ALJ granted respondent's motion to disqualify complainants' counsel because the Canadian firm of the same Swiss verein/association was respondent's current counsel. "[T]he definitions of 'firm' or 'law firm' are broad ...

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Exceptions And Limitations To Copyright, Efforts By Chair To Break Status Quo Gather Large Approval from

Yesterday, the chair of the World Intellectual Property Organization committee on copyright issued a non-official paper to delegates in an effort to break what appeared at the beginning of the session as status quo as ...

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PTAB Denies IPR Petition Challenging MiMedx Patent on Placental Tissue Grafts from

On June 29, 2015, the Patent Trial and Appeal Board (PTAB) denied a petition by Tissue Transplant Technology Ltd. and Human Biologics of Texas, Ltd. for inter partes review (IPR) of U.S. Patent No ...

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Cross-appeal by Hospira clobbers The Medicines Company on bivalirudin/Angiomax ® from

The Medicines Company appeals the U.S. District
Court for the District of Delaware’s claim construction
and non-infringement findings. Hospira, Inc. cross-
appeals the district court’s determination that the assert-
ed claims are ...

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Patentee WesternGeco does well against ION GEOPHYSICAL CORPORATION at CAFC from

WesternGeco did well at the CAFC:

We affirm in all respects,
except that we reverse the
district court’s award of lost profits
resulting from conduct
occurring abroad.

Of the matter of employment contracts:

Both ...

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Daichi loses at CAFC on matters involving 35 U.S.C. § 154(b) (1)(A), 154(b)(1)(B) from

The summary of the case:

Daiichi Sankyo Company, Ltd. (“Daiichi”) brought
suit in the District Court for the District of Columbia
challenging patent term adjustments made by the
United States Patent and Trademark Office (“PTO ...

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Broadcasting Treaty Discussions Open Way To New Convergence On Broad Principles from

World Intellectual Property Organization delegates this week have underlined the positive mood which governed the discussions on a potential treaty protecting broadcasting organisations. The topic has been on the agenda of WIPO’s committee on ...

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USPTO Can Demand Attorney Fee Awards, Even When it Loses the Case from

Shammas v. Focarion (Lee) (4th Cir. 2015) [SHAMMAS v FOCARINO] The Patent and Lanham (TM) acts each include a mechanism for filing a civil action when the USPTO refuses to grant/register the applied-for rights ...

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