Patent & IP news for December 2, 2015

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post image Have the Chinese Specialist IP Courts made the grade? from

The AmeriKat stalking for reports
on how China's Specialist IP Courts
have performed this yearA year ago, the AmeriKat's friend, Michael Lin (Marks & Clerk) brought news of the establishment of three Specialist ...

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post image US Senate urged to be the "gold standard" of trade secret protection with the DTSA from

The AmeriKat in her post-lunch
slump on most days...but not today!Just as her eyelids were getting a bit droopy following a late lunch of steamed fish and milk, the AmeriKat put her earphones ...

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post image Supreme Court Refuses to Weigh In on Planned Parenthood’s Invocation of FOIA’s Trade Secret Exemption from

Between the 2016 Presidential Primary Debates and the recent tragedy in Colorado Springs, it seems Planned Parenthood has been central to many current political discussions. The organization also recently made news in legal circles for ...

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IPO Sends Letter to Senate Leaders in Support of Defend Trade Secrets Act from

By Donald Zuhn –- Yesterday, the Intellectual Property Owners Association (IPO) sent a letter to the Chairman and Ranking Member of the Senate Committee on the Judiciary expressing "strong support" for the Defend Trade Secrets Act ...

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New Rules of Civil Procedure 2015 from

The amendments to the Federal Rules of Civil Procedure took effect December 1, 2015.  The primary focus on the amendments is to move toward proportionality and also the elimination of the bare-bones form patent complaint ...

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Federal Circuit: The IPR System is Constitutional from

by Dennis Crouch In a prededential opinion, the Federal Circuit has rejected MCM’s foundational challenges against the Inter Partes Review (IPR) system implemented as a result of the America Invents Act of 2011 (AIA ...

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Post-Alice Issuance of Related Patent Does Not Inoculate Patent-In-Suit From Invalidity Under 35 U.S.C. § 101 from

The court granted defendant's motion for summary judgment that plaintiff's search refinement patent was invalid for lack of patentable subject matter and rejected plaintiff's argument that its patent was valid because a ...

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The Scientist discusses scientific fraud. IPBiz notes implications for patents. from

The Scientist has an article titled Scientific Misconduct: Red Flags which begins:

Recent years have seen a spate of scientific scandals. Whether this is due to an increase in dishonesty or foul play in the ...

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German Intelligence Services Oversight Body Files Action Against Government from

For the first time in its history, the G10 Commission, an oversight body over the German Intelligence Services, will go to court to challenge decisions by the German government and the services, German Public Broadcasting ...

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Impact Of The TPP On The Pharma Industry from

The final text of the Trans-Pacific Partnership confirms beyond doubt the apprehensions expressed by civil society, academia and the generic industry about new barriers to access to medicines. The TPP has done away with several ...

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Cardsoft reviewed by CAFC post-Teva; same result because no factual findings from

From the CAFC decision:

Following our first decision in this case, the Supreme
Court held that we must review a district court’s ultimate
interpretation of a claim term, as well as its interpretations of ...

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CAFC rules on IPRs in MCM Portfolio vs. HP from

From the decision:

We hold that we lack jurisdiction to review
the Board’s decision that the institution of
inter partes review was
not barred by 35 U.S.C. § 315(b), but we conclude ...

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Sampat & Williams on the Effect of Gene Patents on Follow-on Innovation from

Bhaven Sampat (Columbia Public Health) and Heidi Williams (MIT Econ) are two economists whose work on innovation is always worth reading. I've discussed a number of their papers before (here, here, here, here, and ...

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Heightened Pleading Requirement for Direct Patent Infringement Action Effective December 1, 2015 from

On December 1, 2015, revised Federal Rule Civil Procedures went into effect and changed pleading requirements for patent cases. The new rules were adopted by the Supreme Court on April 29, 2015, based on recommendations ...

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New Proposal At WIPO SCCR To Explore Use Of Copyrighted Works In Digital Environment from

Latin American and Caribbean countries have tabled a new proposal for next week’s meeting of the World Intellectual Property Organization committee on copyright. The proposal calls for analysing copyright related to the digital environment.

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THE HUMAN GENOME [by Sampat and Williams; ] :

we start with the full sample of ...

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Federal Circuit Denies En Banc Rehearing of Ariosa v. Sequenom, But Some Judges Urge Supreme Court to Fix Flawed Patent Eligibility Precedent from

Today the Federal Circuit issued an order (available here) denying en banc rehearing of Ariosa v. Sequenom, an important patent eligibility decisions discussed in earlier posts.  I filed a brief on behalf of the Biotechnology ...

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“You’re better than that” from

Judge Moore had harsh words for an advocate recently during an oral argument.  It probably serves as a lesson to all advocates, even Supreme Court advocates, not to adopt too dismissive of a tone with ...

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