Patent & IP news for August 25, 2015

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post image Rule of Reason curbs Basic Instinct as trade mark loses its appeal from

This may be one of those instances in which the title of a blogpost is more entertaining than the post itself. This post features Case C-400/14 P Basic AG Lebensmittelhandel v OHIM),  Repsol YPF ...

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post image US Patent Law for European Patent Professionals: a new book from

US Patent Law for European Patent Professionals, by Audrey Nemeth, is an extremely handy volume for those of us who, being based in Europe, are obliged to keep an eye on developments in the United ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Reckitt Benckiser LLC v. Dr. Reddys Laboratories, Inc. et al. 1:15-cv-04524; filed June 26, 2015 ...

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PTAB Denies Inter Partes Review Petitions Against Two Acorda Patents from

By Kevin E. Noonan -- One of the statistics gleaned from Director Michelle Lee's recent blog on the post-issuance review provisions of the America Invents Act is that only 42% of inter partes review petitions ...

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“Triumph” book reexamines the case that launched 10,000 patent suits from

Polaroid v. Kodak, concluded in 1991 after 15 years, was the first “billion dollar” patent damages award ($909 million).  Until this year, it was the largest satisfied judgment in a patent case awarded by a ...

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WIPO Launches Development Agenda Program In Uganda from

KAMPALA, UGANDA - The World Intellectual Property Organization (WIPO) has launched a Development Agenda program in Uganda, aimed at building capacity in the use of appropriate technology, specific technical and scientific information to address development challenges ...

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Limited Liability Company Not Required to Identify Sole Member as Real Party in Interest in IPR Petition from

The Board denied the patent owner's motion to terminate the proceeding based on a failure to name the petitioner limited liability company's sole member as a real party in interest. "[T]here is ...

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A few notes on USPTO Progress from

Filings Down?: USPTO expects application filings for FY2015 to be down 1.8% from FY2014. Most of this downward trend is in Request-for-Continued-Examination (RCEs) that the office usually counts as application filings. RCEs filings are ...

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Thoughts on tech displacement from

There's a new paper out by Joel Mokyr, Chris Vickers, and Nicolas L. Ziebarth on "The History of Technological Anxiety and the Future of Economic Growth: Is This Time Different?" The paper looks at ...

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Evaluating Patent Markets from

I've been interested in patent markets for some time. In addition to several articles studying NPE litigation, I've written two articles discussing secondary markets explicitly: Patent Portfolios as Securities and Licensing Acquired Patents ...

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Google defeats Apple in Germany's highest court: slide-to-unlock not a patentable invention from

Well over a year ago, Apple and Google announced an armistice under which they withdrew all pending patent infringement lawsuits against one another. I described that one as a second-class settlement from a position of ...

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The PTAB denial of the Bass IPR petition on Acorda's Ampyra patents: not quite as being reported in the popular press from

Further to an earlier IPBiz post, there has been discussion of PTAB's denial of Kyle Bass's petition on Acorda's Ampyra.

The reason for denial by PTAB turned on the issue of whether ...

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PTO Proposed Pilot Program on IPR Initiation from

Inter Partes Review (IPR) Trials have become an effective tool for cancelling invalid patent claims that lack novelty or fail the nonobviousness test. The IPR process has two main stages: Institution and Trial. At the ...

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Patentlyo Bits and Bytes by Anthony McCain from

Robert Schaffer & Joseph Robinson: Akamai v. Limelight Matthew Sag: Graphs On IP Litigation In US District Courts  Sarah Green: Ping-Pong Table Puts Singapore’s Intellectual Property Regulation Under Spotlight Kevin E. Noonan: Kimble v. Marvel ...

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New Evidence on Appeal from

Followers of the USPTO’s updated patent eligibility guidance issued this past July will note that the PTO rebuffs the calls for examiners to provide evidence proving up an assertion of an abstract idea.  The ...

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USPTO flexing its muscles as to changes in IPR proceedings? from

A Washington Post story suggests the USPTO wants to control "how" the IPR process
might be changed:

The USPTO's latest data show that the IPR process is tremendously successful at getting patents invalidated: Of ...

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