Patent & IP news for September 3, 2015

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post image Next USPTO Patent Quality Chat - September 8 from

Ann Robl

Why not ease back into the work week after the long Labor Day weekend by attending the USPTO Patent Quality Chat webinar on Tuesday? 

This month’s topic is “Improving Global Patent Prosecution ...

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post image Is it Appropriate Prosecute Patents for Direct Competitors on Inventions on Similar Technology without Disclosure and Waivers? from

by Dennis Crouch [Prof  Hricik may have more to say on this conflict-of-interest case, but I believe it is an interesting one and important for discussion.] Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, SJC-11800 ...

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post image Counterpoint: The Economist's attack on the patent system-- it's all about controlling the narrative from

Fellow Kat Nicola has done an elegant job summarizing the case against the current patent system set out by The Economist in the Leader, entitled “Time to Fix Patents”, which appeared in the 8 August ...

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post image Will Impulse shoppers be Impulsive? CJEU gives guidance from

Five-and-a-bit months after the Opinion of Advocate General Wahl was published in Case C-125/14, [here, with Katnote here] in Iron & Smith Kft v Unilever NV, the Court of Justice of the European Union (CJEU ...

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July trade in intangibles from

The U.S. trade deficit declined by $3.3 billion in July, according to data released this morning from BEA. Exports were up by $0.8 billion and imports were down by $2.5 billion ...

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No Reduction of $1.6 Million Fee Award for Alleged Overstaffing from

The court partially awarded defendant's requested attorney fees under 35 U.S.C. § 285 and rejected plaintiff's argument that defendant over-staffed its case with higher level attorneys. "[Plaintiff] contends that 85% of attorney ...

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District Court’s Preliminary Injunction Opinion Offers Cautionary Tale Over Engaging in Settlement Negotiations with a Rival from

A recent decision from the Western District of Washington denying a motion for a preliminary injunction offers a cautionary tale to keep in mind when considering whether to engage in settlement negotiations with a competitor ...

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No Need Of IPR Route For Protecting Traditional Knowledge from

We should be careful in creating registrable rights on the traditional knowledge (TK) including traditional medicine practices and classifying TK under intellectual property rights, which are private exclusive rights operating like a monopoly in practice ...

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Dome loses appeal related to US Patent 4,306,042 from

Dome lost its appeal to the CAFC:

Dome owns a patent for making contact-lens material.
On reexamination, the U.S. Patent and Trademark Office
found that the claimed method at issue was obvious and
therefore ...

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PTAB declines to institute IPR against Biogen's US 8,399,514 related to the MS drug Tecfidera from

In a decision written by FRED E. McKELVEY, former Chief Administrative patent Judge, Board of Patent Appeals and Interferences [BPAI, the predecessor to PTAB], denying institution of inter partes review of Biogen's US Patent ...

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Confidential company information leaked in appeal of unemployment claim?? from

A discussion of the Utah trade secret case InnoSys, Inc. v. Mercer, 2015 UT 80, includes the following (surprising) text:

Following her termination, Mercer filed a claim for unemployment benefits with the Utah Department of ...

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The saga of Grail (little company) and Mitsubishi (big company): a problem with enforcing trade secrets (instead of patents) AND the hazards of untranslated emails from

From the Recorder:

Grail Semiconductors was founded around a memory chip design that combined features of the three types of chips already on the market. But the company failed to recruit investors and had run ...

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