Patent & IP news for January 15, 2016

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post image Mr Justice Birss shines light on experiments and scientific advisers in English patent litigation from

The AmeriKat keeping herself entertained with
chemistry jokes while her opponent conducts
repeat experiments
In her first week of law school well over a decade ago, the AmeriKat read her first English court judgment.  It ...

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post image The Non-Commutative Algebra of Inventive Step - T 1649/10 from

The decision T 1649/10 of the Technical Boards of Appeal raises the bar for the admissibility of an appeal under Articles 106 to 108 EPC and Rule 99 EPC. Rule 99 EPC relates to ...

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post image Paraphrasing PTAB: Avoid the Temptation to Over-Cite from

In a recent decision denying a petitioner’s request for rehearing on a decision not to institute an inter partes review proceeding, the USPTO Patent Trial and Appeal Board (“the Board”) re-emphasized that “procedural defects ...

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Genband US LLC v. Metaswitch Networks Corp. (E.D. Tex. 2016) from

By Joseph Herndon -- Genband US LLC sued Metaswitch for infringement of claims of U.S. Patent No. 6,772,210 ("the '210 Patent") and U.S. Patent No 7,047,561 ("the '561 Patent") in ...

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Breaking News from the EPO - SUEPO officials fired, downgraded from

With a heavy heart, Merpel reports that she has just learned that Mr Battistelli, President of the EPO, has just fired the current chair of SUEPO, Elizabeth Hardon, and an ex-chairman, Ion Brumme. SUEPO Treasurer ...

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WIPO Training In Africa: Brand SMEs’ Products To Exploit Innovation And Commercialization from

KAMPALA, Uganda - Small and medium enterprises in Uganda should brand their products with geographical indications and collective marks to gain competitive advantage. This was one of the messages during a recent World Intellectual Property Organization ...

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Ptab reverse 103 combination from

PTAB reverses obviousness, combination does not does not result in "averaging metrics across users"

Takeaway: The application on appeal used biometrics from multiple users to measure software application ease-of-use. The Examiner asserted that "averaging quantitative ...

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Data Distribution Patent Invalid Under 35 U.S.C. § 101 from

In a final written decision, the Board found claims of a data distribution patent unpatentable under 35 U.S.C. § 101. "Patent Owner contends using an access mechanism that enforces rules to limit each and ...

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TC Heartland: Next Step in Limiting Patent Venue and Jurisdiction from

In the pending mandamus action of TC Heartland, the merits panel has taken one step forward by ordering oral arguments – set for March 11, 2016.  Although the order was a per curiam decision by the ...

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Lighting Ballast at the Supreme Court: The Role of Extrinsic Evidence in Claim Construction from

by Dennis Crouch In Lighting Ballast, construction of the claimed “voltage source means” has been the subject of five different court opinions. Three interpreted the claim term as a means-plus-function limitation and the other two ...

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Concentration isn't that hard - Methotrexate patent Accordingly found invalid from

This moggy has just finished reading his copy of Mr Justice Birss’s decision Accord Healthcare Limited v. medac Gesellschaft [2016] EWHC 24 (Pat).  Accord, a generics manufacturer, initiated proceedings, seeking revocation of medac’s ...

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Supreme Court grants Certiorari in Challenge of Inter Partes Review Proceedings from

by Dennis Crouch The Supreme Court has granted writ of certiorari in the pending Inter Partes Review challenge of Cuozzo Speed Tech v. Lee, Docket No. 15-446.  Questions Presented: Whether the court of appeals erred ...

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US Supreme Court to hear Cuozzo from

In taking the case, the U.S. Supreme Court will speak to whether or not the US Patent Office can
apply the BRI standard in assessing claim validity.

See Wall Street Journal link: http://www ...

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