Patent & IP news for July 21, 2015

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post image Failure to Generate REAL Patent Protection: Keurig’s Story (Part 2) from

In Part 1 of this “Failure to Create REAL Patent Value: Keurig’s Story,” I asserted that the company’s current business woes can be directly attributable to a flawed patent strategy. To summarize, as ...

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post image Read the fine print: IP Statistics from

Lies, damn lies and statistics.  This Kat's first appearance on this blog was in 2007 when she queried the statement, "It has been said that 80% of the information found in patents cannot be ...

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post image Clean Tech in Court: Green Patent Complaint Update from

Several new green patent complaints were filed in May and June in the areas of LEDs, smart grid, and solar power including solar mounting systems and solar powered lanterns.   LEDs Koninklijke Philips N.V. v ...

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post image Maintenance Fees 2015 from

By Dennis Crouch A substantial percentage of the USPTO budget arrives in the form of maintenance fee payments. This is “easy money” for the USPTO because the Office has already done the work of examination ...

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post image India's claims to Traditional Knowledge washed up and spat out from

This Kat posted last week on the topic of Traditional Knowledge, raising concerns at proposals to give Traditional Knowledge special sui generis protection.  One of his worries, elaborated in a comment on the blogpost, and ...

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post image Service economy? from

The standard image of the U.S. economy is one of two mega-sectors: manufacturing and services. This is both is outdated and misleading. It is still basically based on Colin Clark's 1940's division ...

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Daiichi Sankyo Co. v. Lee (Fed. Cir. 2015) from

By Donald Zuhn -- Earlier this month, in Daiichi Sankyo Co. v. Lee, the Federal Circuit affirmed the decision by the District Court for the District of Columbia granting summary judgment to the Director of the ...

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Apple acquires 26 finger print scanning patents from failed startup from

26 of a tiny company’s 31 finger print scanning patents were recently transferred to Apple. How Apple plans to use the invention rights is not clear. What is clear is that Apple has been ...

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‘United We Play’ or ‘United We Sue Away’? The Copyrightability of Sports Moves from

With the Pan Am and Parapan Am Games (the “Games”) upon us, IP enthusiasts are eagerly debating the issues surrounding the Games with respect to – well, IP law. One of the many debates permeating conversations ...

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WHO Negotiations To Continue On Non-State Actors from

Third World Network reports: New Delhi, 20 July (K M Gopakumar) – Member States of the World Health Organization have decided to continue the negotiations on a Framework of Engagement with Non-State Actors (FENSA) as several ...

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Business Intelligence Patents Invalid Under 35 USC § 101 from

The court granted defendant's motion to dismiss plaintiff's infringement claims on the basis the asserted business intelligence patents claimed unpatentable subject matter and found that the claims were directed to abstract ideas. "The ...

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Aid Agencies Hail Agreement Boosting Access To Early Infant HIV Diagnostic Technologies from

An agreement entered into by a range of international organisations and others this week is expected to lower the price of early infant HIV diagnostic technologies by 35 percent, according to the parties. “This agreement ...

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EU Commissioner Signals Support For LDC Request To Waive IP Rights Enforcement On Pharma from

European Trade Commissioner Cecilia Malmström, said in a recent speech that providing she has the backing of the College of Commissioners, the Council and the European Parliament, she would like to answer positively to the ...

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Patentlyo Bits and Bytes by Anthony McCain from

Joseph Allen: Does Stealing Intellectual Property Boost Innovation Joseph Mandour: McDonald’s Opposes Supermac’s Trademark in Europe Tim Sitzmann: Are Consumers Really This Clueless Owen Bowcott: Large-Scale Online Pirates To Face Up To 10 ...

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Former Grad Student Fails in Bid for “Constructive Trust” in Professor’s Patent from

On July 16, 2015, in Genspera v. Mahka, the Federal Circuit affirmed without discussion (i.e., under Rule 36) a district court decision denying a former doctoral student’s claim to a constructive trust in ...

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Employment in tangible and intangible industries - methodology from

As readers of this blog know, I have been publishing monthly employment data in an alternative framework (see most recent posting). That framework divides employment into jobs in tangible-producing industries (including tangible services) and jobs ...

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Biologics Price Competition and Innovation Act: Refusal to Dance from

By Dennis Crouch The 2009 Biologics Price Competition and Innovation Act (BPCIA) was created the Hatch-Waxman Act for Biologics – a mechanism for both protecting innovator investment and for encouraging third-party follow-ons through “biosimilars.” Although parallel ...

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CAFC interprets BPCIA in Amgen v. Sandoz related to filgrastim from

In 2010, as part of the Patient Protection and Afford-
able Care Act, Congress enacted the Biologics Price
Competition and Innovation Act [BPCIA].

Here, the plaintiff Amgen has marketed filgrastim under the brand
name Neupogen ...

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Google, Facebook, HP, others warn a company could lose its entire profits due to a single patented icon from

Yesterday Apple responded to Samsung's petition for a full-court review of an appeals court ruling upholding hundreds of millions of dollars in design patent damages (this post continues below the document):

15-07-20 Apple Response ...

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US Patent No. 9,085,785 to Kiverdi from

The abstract

Compositions and methods for a hybrid biological and chemical process that captures and converts carbon dioxide and/or other forms of inorganic carbon and/or C1 carbon sources including but not limited to ...

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PTAB broadest reasonable structure claim term from

Takeaway: The Applicant appealed an obviousness rejection of claims to a process of manufacturing a multi-phase liquid composition. The method claim recited a transferring and a blending step involving a "blender," and the Examiner mapped ...

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Investor-State Cases Could Have Cost Cash-Strapped Argentina $80B, Paper Says from

A new developing country policy brief warns against use of the investor-state dispute settlement mechanism, arguing that it has a low capacity to adapt to exceptional circumstances that can afflict developing countries.

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Federal Circuit Decides Amgen v. Sandoz (in an opinion that will make neither party happy) from

By Kevin E. Noonan -- In a seriously fractured decision, the Federal Circuit construed the provisions of the Biologics Price Control and Innovation Act (BPCIA) today in Amgen v. Sandoz. In doing so, the Court limited ...

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ITU Secretary General Visits Old Archrival IETF from

PRAGUE, CZECH REPUBLIC -- International Telecommunication Union Secretary General Houlin Zhao today called for more cooperation between his organisation and other standardisation bodies, including the Internet Engineering Task Force (IETF).

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