Patent & IP news for October 19, 2015

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post image Slide to Unlock Image Patent-eligible but Not Inventive - BGH Entsperrbild from

In the case X ZR 110/13 "Entsperrbild", the BGH had do decide on a patent relating to the unlocking of a mobile phone. The key feature is that an icon (unlock image - the arrow ...

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post image Monday miscellany from

The saga of the EPO is increasingly looking
like a Punch and Judy show, in which everyone
gets hurt and there are no real winners: but is
it not too late to achieve a workable ...

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post image Divided direct patent infringement based on attribution from

In Akamai v. Limelight (Fed. Cir. Aug. 13, 2015), the Federal Circuit sitting en banc provided a comprehensive definition of direct patent infringement under 35 U.S.C. §271(a) for a method claim when ...

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post image Never Too Late: if you missed the IPKat last week from

Here, thanks to our wonderful friend and colleague Alberto Bellan, is the 68th weekly round-up of the previous week's substantive blogposts. This invaluable service has saved our readers a lot of time and frustration ...

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post image IgniteOKC Roundtable: A Night of Conversation on Innovation, Collaboration, and the Creative Process from

Elizabeth Lauderback

Are you interested in presenting at the next IgniteOKC speakers-series event, but are unsure what it takes? Join the IgniteOKC Leadership Crew on Wednesday, October  28, 2015, at 7 p.m. at DC ...

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Conference & CLE Calendar from

October 20, 2015 - "Trust Everybody, but Cut the Cards" (McDonnell Boehnen Hulbert & Berghoff LLP) - 10:00 am to 11:15 am (CT) October 20, 2015 - "Will My Patent Make Cents? How Courts and the USPTO ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Mylan Pharma Acquisition Ltd. et al. v Fresenius Kabi USA, LLC 1:15-cv-06700; filed July 30 ...

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TEDx CERN: Academics, Artists And Scientists “Break The Rules” For Future from

Speakers from the fields of academia, arts and science brought their visions of a new world and the role the next generation must play in shaping it to the audience of TEDx CERN on 9 ...

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Federal Circuit En Banc Reaffirms Laches as a Defense to Patent Suits from

Recently, the Federal Circuit, sitting en banc, ruled in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC that laches remains a viable defense in patent infringement actions. In doing so, the Federal Circuit ...

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“The Brain Is The Next Frontier,” Bioethics Futurist Says, Raising New Societal Challenges from

At the recent TEDx CERN event, Intellectual Property Watch caught up with bioethicist and legal philosopher Matthew Liao, to reflect on challenging moral questions raised by new advances in computing and neuroscience allowing for the ...

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IP Osgoode Speaks Series featuring John Weigelt: Adjusting to the Changed Frame of Reference of our Technology Enabled World from

March 11, 1876. December 18, 1903. July 21st, 1969. These are the dates that John Weigelt — the National Technology Officer for Microsoft Canada — used to provide scale in his recent IP Osgoode Speaks Series presentation ...

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The View Ahead for Software Patent Applications: USPTO Releases Update to Guidance on Patent Subject Matter Eligibility from

This article is cross-posted with permission from Bereskin & Parr. The United States Patent and Trademarks Office (USPTO) has released an updated set of Eligibility Examination Guidelines to provide guidance to examiners on when to reject ...

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PTAB’s Denial of Institution of Inter Partes Review Does Not Render Obviousness Defense Objectively Reckless from

The court granted defendant's renewed motion for judgment as a matter of law that it did not willfully infringe plaintiff's computer processing patent and rejected plaintiff's argument that the PTAB's decision ...

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Federal Circuit: Prior Art Enabled by Applicant Admissions in his Patent Application from

by Dennis Crouch In re Steve Morsa (Fed. Cir. 2015) (Morsa II) This is the return-appeal, a divided panel has now agreed with the patent office that its cited prior art is sufficiently enabling to ...

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Supreme Court to hear cases on Federal Circuit’s Rigid Limits on Treble Damages from

The Supreme Court has now granted certiorari in two enhanced fee award patent cases: Halo Electronics, Inc. v. Pulse Electronics, Inc., S.Ct. No. 14-1513 and Stryker Corp. v. Zimmer, Inc., No. 14-1520. The court ...

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The dissent of Judge Newman in In re Morsa: the majority decision was precedent defying from

Judge Newman's dissent

I write to attempt to stabilize the law of “anticipation,”
for the court confuses the laws of anticipation and
obviousness, and the role of enablement as applied to
prior art references ...

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They Invented What? (No. 243) from

U.S. Patent No. 7,908,676:  Shacket™ JW Note:  Thanks to Mr. Andrew Custer for bringing this one to our attention. Interesting for use of the (TM) symbol in the title of the patent ...

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The Supreme Court to Review Enhanced Damages -- Octane Revisited, or Something Entirely Different? from

By Andrew Williams -- On October 19, 2015, the Supreme Court granted certiorari in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme ...

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