Patent & IP news for September 8, 2015

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post image Why is ‘reasonable expectation of success’ so tricky? Predictability, empiricism and the effect of time from

You can't keep a good Kat down, and that includes our guest Kats. Even once they step back from the team, their brains keep on ticking and they are super-sensitive to the sort of ...

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post image Minding the gap in research and policy from

Evidence-based policy is at risk. The evidence itself isn't making it from research to recommendations fast enough. Or, at least that's what some participants were arguing at the annual EPIP (European Policy in ...

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Finest Cordless Drill Blog by Milford Betancourt from

There is a whole lot of discussions going on on boards,blogs and social media on what the best cordless drill is. I might say it is all about your needs and your state of ...

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Nestlé v Cadbury: on mixing and matching grounds for exclusion under Article 3(1)(e) Trade Marks Directive from

Mr Justice Arnold's referral to the CJEU of certain questions regarding the application of the Trade Mark Directive in the dispute between Nestlé and Cadbury over Nestlé's application for a trade mark in ...

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Biopharmaceutical Industry Protests French Regime For Off-Label Products from

France is in the firing line of the biopharmaceutical industry for allowing the use of some products for other therapeutic indications than the one for which they obtained marketing authorisation.

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Encouraging The Use Of Patent Information… Through Research Competition? from

Many developing countries lack enough human resources with the necessary skills to access patent information. Although patent documents are often unintelligible, strengthening the ability to search them in databases could help reduce information asymmetries in ...

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Plaintiff’s Eve of Trial Changes to Litigation Claims No Basis for Attorney Fee Award from

Following a jury verdict of noninfringement and invalidity, the court denied defendant's motion for attorney fees under 35 U.S.C. § 285 because plaintiff's litigation tactics were not unreasonable. "[A]fter jury selection ...

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Federal Circuit Backtracks (A bit) on Prior Art Status of Provisional Applications and Gives us a Disturbing Result from

by Dennis Crouch Dynamic Drinkware v. National Graphics (Fed. Cir. 2015) The underlying issue in this IPR-appeal is the effective date of prior art: How do we treat prior art patents and published applications that ...

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Ivera wins reversal in Hospira case at CAFC from

The bottom line in Ivera v. Hospira at the CAFC was a reversal of summary judgment of invalidity:

For the foregoing reasons, we hold that Ivera established
a genuine dispute over whether one of ordinary ...

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CAFC explicates evidentiary burdens when patent challenger relies on the disclosure of a provisional patent application from

From Dynamic Drinkware v. National Graphics, 2015-1214

Dynamic argues that the Board erred in shifting the
burden to Dynamic to prove that the Raymond patent was
entitled to the filing date of its provisional application ...

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Media Rights loses appeal at CAFC from

Media Rights Technologies is a means-plus-function case:

Media Rights Technologies, Inc. (“Media Rights”) appeals
the district court’s decision to grant judgment on the
pleadings that all claims of U.S. Patent No. 7,316 ...

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Laura Pedraza-Fariña on the Sociology of the Federal Circuit from

The Federal Circuit has faced no shortage of criticism in its role as the expert patent court, including frequent Supreme Court reversals and calls for abolition of its exclusive patent jurisdiction (most prominently from Seventh ...

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Politico says Goodlatte's Innovation Act is dead in the water from

From Politico:

The House’s patent reform bill appears dead in the water for now, partly due to biopharma’s demand for a carveout from the inter partes review process that Judiciary Chairman Bob Goodlatte ...

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Pitfalls of one year grace period under the FITF rules from

Under current U.S. patent laws, the first inventor to file (FITF) a patent application on an invention is awarded the patent.  This means that if two individuals separately file patent applications on the same ...

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