Patent & IP news for September 2, 2015

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post image Wednesday whimsies from

Never too late!  On the Monday of every week this weblog publishes a "Never Too Late ..." feature in which it summarises, complete with links, the topics covered in the previous week's Katposts.  This week ...

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post image Point: The Economist is Infallible - Patents need to be questioned from

In good, old high-school debate style, Neil and I are doing a point-counterpoint.  The dividing line? This Economist article from August 8th. The article kicks off with the fundamental economic question for IP - how does ...

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Eli Lilly and Company v. Teva Parenteral Medicines, Inc. (S.D. Ind. 2015) from

District Court Finds Lilly Patent Infringed Based on Inducement of Infringement by Single Actor By Donald Zuhn -- Last week, in Eli Lilly and Company v. Teva Parenteral Medicines, Inc., Judge Tanya Walton Pratt of the ...

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The cost of an IPR carveout for pharma patents from

Further to an IPBiz post on August 31 about the
proposed IPR carveout for pharma, both
the Wall Street Journal ad CBS suggest
such carveout will cost consumers
over $1. Billion.

An issue is "how ...

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Defendant Granted Leave to Assert Claim Under Florida “Patent Troll Prevention Act” from

The court granted defendant's motion to amend its pleadings to add a claim under Florida's recently-enacted Patent Troll Prevention Act and rejected plaintiff's arguments regarding delay, harassment, and futility. "Defendant sought the ...

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Blue Origin seeks/obtains cancellation of claims 1-13 in IPR2014-01376 related to Blue Origin's US 8,678,321 from

From Paper 12 in IPR2014-01376 :

A patent owner may
request judgment against itself “at any time
during a proceeding” upon cancellation of th
e particular claims at issue such
that there is “no remaining claim ...

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USPTO Proposes a Pilot Program to Allow a Single APJ to Institute an Inter Partes Review from

The United States Patent and Trademark Office (“USPTO”) has published a request for comments in the Federal Register for a proposed pilot program which would allow for a single Administrative Patent Judge (APJ) to determine ...

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OECD Book Highlights Economic Impact – Good And Bad – Of IPRs from

A new book from the Organisation for Economic Cooperation and Development (OECD) paints a revealing picture of the impact on economies of intellectual property rights. The book, entitled, “Enquiries Into Intellectual Property’s Economic Impact ...

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Dickstein Shapiro Dodges Malpractice Suit by Showing Long-Ago Issued Claims Were to Ineligible Subject Matter from

By David Hricik This one will make your head spin, especially the statutory construction part.  The case is Encylopaedia Britannica, Inc. v. Dickstein Shapiro LLP (D. D.C. Aug. 26, 2015). The Dickstein Shapiro firm ...

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Forbes talks about patent privateers from

From Forbes post titled Attack of the Patent Privateers

One example of this growth is the emergence of so-called patent privateering, which contributes to an ever-greater amount of frivolous or abusive patent litigation. Privateering is ...

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Tokyo 2020 Olympics logo withdrawn over copying concerns from

After much controversy about the 2020 Olympics logo being copied, the logo has been withdrawn. ABS-CBN reported:

Organizers for the Tokyo 2020 Olympics have withdrawn the official logo announced for the Games just a month ...

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Universal Health Coverage, Millennium Development Goals And Post-2015: The Improvable Way Forward from

The negotiating process to achieve post-2015 development goals has clarified the agenda that governments ought to follow until 2030. Unfortunately, due to vague terms and the lack of unequivocal definitions, a number of relevant issues ...

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Federal Circuit Lifts Injunction Against Sandoz from

By Kevin E. Noonan -- Sandoz successfully (at least for now) has overcome conventional wisdom, the plain language of the Biologics Price Competition and Innovation Act (BPCIA) (or, at least those provisions regarding patent litigation) and ...

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