Patent & IP news for March 15, 2016

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E-Loan, Inc. v. IMX, Inc. (PTAB 2016) from

Typical "Business Method Patent" Struck Down by PTAB using CBM Review By Joseph Herndon -- On February 16, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business ...

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China’s Pharmaceutical Sector And The IP Puzzle from

Despite impressive growth, the pharmaceutical sector in China still relies on generic drug production since the majority of domestic companies cannot compete with country-based foreign corporations. Currently, following WTO pressure to oblige China to comply ...

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Changes At The Top Of The UN; Recruitment Ongoing from

This year will be the last in office for United Nations secretary general Ban Ki-moon. A number of Eastern European candidates are being proposed by their governments to be the next secretary general. The UN ...

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Lack of Clarity for Patent-Ineligibility Weighs Against Decision at the Pleading Stage from

The court denied without prejudice defendant's motion to dismiss on the ground that plaintiff’s electronic component placement system patent encompassed unpatentable subject matter because claim construction had not yet occurred. "'Courts . . . have denied ...

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Battle over Secret Sales and Secret Commercialization under the AIA from

by Dennis Crouch Helsinn v. Dr. Reddy’s and Teva (D.N.J. 2016) The America Invents Act of 2011 (AIA) amended the definitions of prior art under 35 U.S.C. § 102 – up for ...

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Delayed Justice: Can the USPTO Stall Implementation of Federal Circuit Decisions? from

In re Simon Shiao Tam (on petition for a writ of mandamus) (Fed. Cir. 2016) [TAM_Petition_for_Mandamus_14_Mar_16] In December 2015, the Federal Circuit ruled in Tam’s favor – holding that the Lanham Act’s prohibition against ...

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Acceleron gains victory at CAFC in IPR over US Patent No. 6,948,021 from

The outcome in Dell v. Acceleron was in favor of Acceleron, in confirming validity of claims and vacating cancellation of claims 3 and 20, from the PTAB decision IPR 2013-440.

The CAFC faulted PTAB on ...

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UNESCO Report On Globalisation Of Cultural Trade from

A new UN report provides significant detail on the increasing flows of cultural trade worldwide. On intellectual property rights, the report appears to primarily examine copyright as a form of revenue generation.

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Clean Tech in Court: Green Patent Complaint Update from

A number of new patent infringement lawsuits were filed in January and February in the areas of electric vehicle charging, LEDS, smart grid, and solar battery phone cases.   Electric Vehicle Charging Technology for Energy Corporation ...

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Oral Argument from Sperry v. Florida ex rel. Florida Bar from

The Federal Circuit’s recent decision in In re Queen’s University deals with whether patent agent/client communications are privileged.  The Federal Circuit leans heavily on the US Supreme Court case  Sperry v. Florida ...

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Supreme Court petition 15-777 (Samsung v. Apple) closely watched by IP lawyers, relisted for this Friday from

Earlier this month (on Friday, March 4), the Supreme Court of the United States already had Samsung's December 2015 petition for writ of certiorari (request for Supreme Court review) in Apple's design patents ...

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