Patent & IP news for July 22, 2015

Patent Litigations

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post image Trade (Not So) Secret: Possible Disclosure in the Age of FOIA and Open Records Requests from

Evan Talley

Trade secrets litigation isn’t discussed as often as patent, trademark, and copyright litigation, but it is important to stay abreast of, nevertheless.  At the moment, unlike the other three areas mentioned above ...

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post image Patent royalties not due for activities after patent expiration from

Bottom line: Patent royalties based on activities after a licensed patent has expired is per se unlawful.  Kimble v. Marvel (S. Ct. 2015).  This rule is effective even if the parties did not know about ...

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Momentum for Goodlatte Innovation Act slipping away? from

The opposition to the Goodlatte Innovation Act may block a vote. From The Hill on the opposition by Heritage Action:

The House should give the system time to adjust to the 2011 reforms before moving ...

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Treaty On ‘Medicines Crime’ Not Best Response To Counterfeit, Substandard Medicines, Paper Says from

A recent paper by public health experts argues that a treaty on ‘medicines crime’ to combat counterfeit and substandard medicines may not be the best step forward. Rather, it proposes to form an international agreement ...

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UK Proposes To Allow Designers To Mark Their Products With A Web Link from

The United Kingdom government is calling for evidence on a proposal to provide designers with an option to mark their products with a web link instead of stamping the product or attaching a label with ...

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Heidi Williams on Measuring the Effect of Patent Strength on Innovation from

When I was in law school, I was surprised (and fascinated) to learn how little scholars actually know about how patent laws affect innovation. My article Patent Experimentalism explains why this is such a hard ...

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WIPO Program And Budget Committee Works Through Numerous Issues from

The World Intellectual Property Organization Program and Budget Committee (PBC) last week took note of WIPO’s mostly positive 2014 progress report, walked through its proposed program and budget for 2015-2016, and addressed issues of ...

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Coalition Asks WIPO To Follow Proposed Guidelines To Better Defend IP Rights from

An international coalition of intellectual property rights defenders wrote a letter to World Intellectual Property Organization Director General Francis Gurry yesterday providing suggested international guidelines to protect IP rights.

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Fighter Jet Motion-Tracking Patent Invalid Under 35 USC § 101 from

The court granted defendant's motion for judgment on the pleadings that plaintiff's fighter jet motion-tracking patent was invalid for lack of patentable subject matter and found that the claims were directed toward an ...

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CRISPR Technology: A First-To-Invent Dispute in a Now First Inventor to File Patent Regime from

On March 16, 2013, with the enactment of certain provisions of the America Invents Act (AIA), the United States’ patent system moved from being a first to invent patent system (first-to-invent) to a first inventor ...

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Amgen v. Sandoz (Fed. Cir. 2015) 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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The CAFC addresses US discovery for use in foreign jurisdictions in In re Posco from

POSCO (of Korea) was sued by Nippon Steel & Sumitomo Metal
Corporation (“Nippon Steel") for patent infringement in the
federal district court of New Jersey. There was also a suit by
Nippon against POSCO in Japan ...

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Several Empirical Studies on Injunctions Post-eBay from

Chris Seaman recently released a draft of his new paper, Permanent Injunctions in Patent Litigation After eBay: An Empirical Study. In the paper, he present the results of his empirical study of contested permanent injunction ...

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Trade secrets and FOIA from

From Dunlap Coddington:

A trade secret plaintiff clearly needs to establish both elements, but I’d like to discuss the second element, i.e., reasonable efforts to maintain secrecy. Specifically, I’d like to focus ...

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Oracle seeks to supplement Java copyright complaint against Google: 40 Android releases, one billion users from

On the eve of a status report requested by Judge William Alsup of the Northern District of California in the Oracle v. Google remand proceedings, Oracle has shown once again that, as I've been ...

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