Patent & IP news for October 1, 2015

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post image Breaking News: Protocol to the UPC Agreement In Force from

The News of the day comes from the UPC preparatory committee:
Today, October 1st 2015, a protocol to the UPC Agreement has been signed by representatives of member states in the margins on the Competitiveness ...

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post image EPO queue jumping part 1 - Don't be an SME from

Here’s an interesting thought experiment about how patent offices should operate. Two patent applications are pending at the European Patent Office (EPO). Imagine that one was filed several years ago by Microsoft, and the ...

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post image EPO queue jumping, part 2 - Don't be French from

Part 1 of this guide to getting your application examined earlier started with a thought experiment: should a multinational's application get examiner more quickly than an SMEs. The answer is no, but the EPO ...

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post image Non-Transitory Patent Claims from

by Dennis Crouch I was surprised when I ran these numbers and found that 4% of recently issued patents include a non-transitory claim limitation. (95% of these are in what I term computer-related arts).  For ...

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post image Thursday thingies from

Amazing response: it's only a day since registration opened for the Journal of Intellectual Property Law & Practice (JIPLP) 10th Anniversary Conference (details here), and this Kat, who will be making his final appearance on ...

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post image IP Publishers' and Editors' Lunch 2015: at last, the details! from

Every year it is the pleasure of the IPKat to invite his friends, colleagues, informants and competitors in the intellectual property media sector to join him for a get-together at which matters of mutual interest ...

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post image Patent stalemate ends in second-class settlement: Google strategically prevails over Microsoft from

On the eve of the fifth anniversary of the first Microsoft v. Motorola lawsuit, Google and Microsoft issued the following joint statement to the press:

"Microsoft and Google are pleased to announce an agreement on ...

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Guest Post -- The Biggest Side-effect of Making Medicine from

How to Manage Intellectual Property and Patent Law By Ralf Boscheck* -- International intellectual property regulations are doing serious damage to the pharmaceutical industry and, by extension, to the health of people around the world. The ...

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Chaffetz, the Secret Service, and data security from

Various news reports discuss the unauthorized access (and likely disclosure) by Secret Service employees of an unsuccessful employment application to the Secret Service by Republican congressman Jason Chaffetz of Utah, who recently has been investigating ...

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Federal Circuit Holds That Laches is Defense To Equitable Relief and Pre-Filing Damages In Patent Infringement Actions from

In a recent en bancdecision, the U.S. Court of Appeals for the Federal Circuit ruled that laches resulting from a delay in filing suit for patent infringement is a statutory defense, and may ...

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IP Good For Trade, If Strong Enforcement, IP Proponents Say At WTO from

At a panel at the World Trade Organization organised by the United States Chamber of Commerce, proponents of strong intellectual property protection explained why this protection is key in international trade, even if some might ...

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The Trillion-Dollar Technology from

The smartphone is one of the most ubiquitous inventions in contemporary life. Ask anyone from teenagers to senior citizens – in industrialized countries, as well as emerging markets – about the wireless ways of their life, and ...

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Video-On-Demand Patent Invalid Under 35 U.S.C. § 101 from

The court granted defendant's motion for summary judgment that plaintiff's video-on-demand patent was invalid for lack of patentable subject matter and found that the claims were directed toward an abstract idea. "Plaintiff briefly ...

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How Does the Economy Affect Patent Litigation? from

When I was in practice, the conventional wisdom was that litigation (of all kinds) grew during recessions, because people were less optimistic and willing to let slights go, and instead fought over every dollar. Alan ...

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More patent holders (and buyers) are valuing perception over reality from

Lack of certainty and the high cost of monetizing patents are motivating some businesses to acquire impressive looking patents, not necessarily valid or essential ones.   A reputation for innovation or R&D; prowess has become ...

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Pro se appellant loses at CAFC in In re Steed from

The issue in In re Steed:

The principal issue on appeal is whether Steed antedated
the Evans reference in accordance with the requirements
and law implemented by Rule 131, for Steed
bears the burden to ...

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CAFC in Achates v. Apple: PTAB determinations as to petitions are final and nonappealable from

The key point:

Achates contends that the Board’s decisions
were outside of the Board’s statutory authority because
the underlying petitions for IPR were time-barred under
35 U.S.C. § 315(b). As part ...

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FORTUNE asks three questions about the Microsoft/Google patent agreement from

1. How much has Microsoft really changed?

Fortune brings up the past use by Microsoft of third party mercenaries amounting to proxy attacks by privateers and trolls.

2. Will Google still play nice with its ...

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Chaffetz on drug price increases before the patent cliff from

As to Congressman Chaffetz, Investors Business Daily noted:

a group of congressional Democrats sent a letter to Rep. Jason Chaffetz, chair of the House Committee on Oversight and Government Reform, requesting a subpoena to make ...

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PTAB zaps claims on on Novartis' multiple sclerosis blockbuster Gilenya in IPR from

In IPR2014-00784 on US Patent 8,324,283, PTAB found claims 1–32 of US '283 unpatentable.

The oral drug for treating MS comprises a sphingosine-1
phosphate (S1P) receptor agonist and a sugar alcohol. Ex ...

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License On Transfer Network adds three new members from

In 2014, a group of America’s top technology companies created a unique way to combat the problem of patent assertion entities:  the License On Transfer (LOT) Network. Founding members of the LOT Network included ...

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