Patent & IP news for September 23, 2015

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post image Not So Fast – “Happy Birthday To You” May Not Be in the Public Domain from

The World’s Most popular Song You all know the tune, so why do you rarely hear the song Happy Birthday To You in movies and on television? The reason is that from 1988 until ...

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post image Expert Institute’s Best Legal Blog Contest from

From a field of more than 2,000 potential nominees, Patent Baristas has received enough nominations to join the 250 legal blogs participating in one of the largest competitions for legal blog writing online today ...

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post image The final curtain in the GOLDBEAR saga from

Wrong comparison for this caseHaribo's suit against Lindt's golden chocolate bear has provided the trade mark community a lot to digest (see IPKat posts here, here and here). The premise is interesting ...

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post image Happy Birthday to everyone: candles blown out on infamous royalty claim from

"Happy Birthday to You" is notorious in copyright terms and frequently cited as a reason why copyright needs fundamental reform. The song, allegedly the most widely performed in the world, is over 100 years old ...

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Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Paul Gilbert Cole from

By Kevin E. Noonan -- Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity ...

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USPTO Director Addresses ‘Unacceptable’ Gender Gap In Sci/Tech Fields from

The alarming statistic that women hold less than 25 percent of science and technology jobs in the United States, despite making up nearly half of the workforce, brings home the extent to which women are ...

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African Group Proposes Permanent Traditional Knowledge Committee At WIPO from

In a couple of weeks, the World Intellectual Property Organization will hold its annual General Assembly. The African Group is asking the Assembly transform the committee devoted to finding a way to protect genetic resources ...

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Plaintiff’s Inability to Assert Assignor Estoppel in IPR No Basis for Preliminary Injunction Precluding IPR Petition from

The court denied plaintiff's motion for a preliminary injunction precluding defendant from seeking reexamination or inter partes review because plaintiff failed to establish irreparable harm through its inability to raise an assignor estoppel defense ...

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Are The UN And WIPO Drifting Apart? from

NEW YORK – As some of the most powerful people on earth prepare to gather here later this week at the United Nations to discuss the biggest problems and opportunities facing humankind for the next 15 ...

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High Priced Generic Drugs from

The news has been abuzz regarding the drug Daraprim and the major price-hike by its US-distributor (Turing Pharma).  According to its website, Turing “acquired” Daraprim in August 2015 from CorePharma who had previously obtained rights ...

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Patent owner gets re-hearing at PTAB but still loses in Reexamination 95/001,775 from

In Engineered Plastics v. ADA, the patent owner got a re-hearing but still lost.

The Patent Owner requests reconsideration (hereinafter "Rehearing Request" or "Reh'g Req.") under 37 C.F.R. § 41.79 of our ...

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PTAB oddly grants re-hearing in 90/012,087 from

The PTAB decision states the law on re-hearing:

A request for rehearing must state with particularity the points believed to have been misapprehended or overlooked. Arguments not raised in the briefs before the Board and ...

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Appellants get no traction at PTAB in Appeal 2013-008852 (Malek) from

From the decision:

We have reviewed the Examiner’s rejections in light of Appellants’ contentions that the Examiner has erred. Further, we have reviewed the Examiner’s response to Appellants’ arguments. The Examiner has provided ...

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Some facts on Daraprim (Pyrimethamine) from

PEOPLE Magazine introduced a story on Martin Shkreli and the specialty drug Daraprim:

If you guessed, "the kind who would buy a patent for a 62-year-old drug and hike its price 4,000 percent," you ...

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Pope Closes Federal Circuit from

From the Federal Circuit web site: COURT TO CLOSE AT 3:30 PM, ET SEPTEMBER 22, 2015, AND REOPEN SEPTEMBER 24, 2015 Due to the anticipated disruption of access to the Court by its facilities ...

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Russian Vladimir Platonov loses degree over plagiarism from

Several German politicians lost graduate degrees over plagiarism; now a Russian suffered the same fate; the Moscow Times reports

The Ministry of Education and Science has stripped a former speaker of the Moscow City Duma ...

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Dean Baker's piece on 23 Sept 2015 in the New York Times on pharma patents from

An op-ed by Dean Baker in the New York Times begins:

The United States stands out among wealthy countries in that we give drug companies patent monopolies on drugs that are essential for people’s ...

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Thermometer patent wars from

Related to a ruling on MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT, Exergen v. Kaz, 2015 U.S. Dist. LEXIS 117770

As to "intended purpose" vs. substantive claim limitation:

The facts of this case lend themselves ...

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