Patent & IP news for April 5, 2016

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post image AG Campos Sanchez-Bordona clarifies the "legal costs" to be borne by unsuccessful party in IP proceedings from

AG Campos Sanchez-BordonaHow should legal costs and other expenses borne by the successful party in relation to IP proceedings be reimbursed by the unsuccessful party?

This morning Advocate General (AG) Campos Sanchez-Bordona addressed this ...

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post image Batman v. Superman (versus versus Barron's) from

When is a success not necessarily a success? When we are talking about the film business. This Kat receives Reuters on a daily basis to be read on his Kindle. Perusing his daily fare yesterday ...

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post image Fordham 2016: Will purposive construction of Swiss-type claims save second-medical use patents? from

Brian Cordery sets the stage
for second medical useAfter hearing the views of the IP judiciary, the Fordham audience was treated to a session devoted to second medical use claims, with Brian Cordery (Bristows ...

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Treehouse Avatar LLC v. Valve Corp. (D.C. Del. 2016) from

U.S. Patent to Consumer Marketing, Based on Avatar Choices, Survives § 101 Challenge By Joseph Herndon -- On March 22, 2016, the U.S. District Court for the District of Delaware issued a Memorandum Opinion in ...

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Pharma Looks to Limit Activis-Style Antitrust Liability to Only Reverse Payments from

by Dennis Crouch As part of a litigation settlement agreement, GlaxoSmithKline LLC (“GSK”) granted an exclusive generic marketing license to the challenger Teva for sales of lamotrigine and also agreed not to introduce its own ...

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U.S. Senate passes bill to establish federal trade secrets law from

On April 4, 2016, the U.S. Senate unanimously passed a bill that, if enacted, will allow trade secret owners to bring suit in federal court to prevent misappropriation of their trade secrets. The new ...

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Plaintiff’s “Ever Changing Litigation Strategies” Justify $1 Million Attorney Fee Award from

The court awarded defendant $1 million in attorney fees under 35 U.S.C. § 285 (approximately half the requested fees) following the denial of plaintiff's appeal of summary judgment of noninfringement and invalidity. "[T ...

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Interesting Trends in Establishing Personal Jurisdiction in Hatch-Waxman/ANDA Litigations from

Last week the Federal Circuit handed down one of its more anticipated decisions regarding jurisdiction in cases brought under 35 U.S.C. § 271(e)(2) (aka Hatch-Waxman or ANDA litigation). In its holding, the ...

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Again with the Redundancy: Although MPHJ’s claim might be obvious, HP can’t pursue that argument from

HP v. MPHJ (Fed. Cir. 2016) Over the past few years, MPHJ has raised the ire of many with its enforcement campaign of U.S. Patent No. 6,771,381.  The claims seemingly cover HP ...

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Tribute To Brazilian Legal Scholar Denis Barbosa from

Genius, brilliant, generous, wholehearted, warm, kind, funny, original, musician, art lover, brave, restless, these are few of the most suitable and recurrent attributes of Denis Borges Barbosa, who passed away on Saturday, April 2nd. Leading ...

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Defend Trade Secret Act Moving Forward from

by Dennis Crouch I am always amazed how gridlock is pushed aside to implement intellectual property laws.  In a unanimous vote yesterday, the Senate passed the Defend Trade Secret Act (DTSA, S. 1890) that would ...

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Review Of WHO Pandemic Flu Sharing System Moves Ahead from

Members of a review team looking at the World Health Organization framework for ensuring global pandemic influenza preparedness moved ahead with their proceedings last week. They found both support for the framework, and also concerns.

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The CAFC does superconductors: the story of Paul Chu and 1-2-3 superconductors from

Back in 2008, IPBiz discussed some of the aspects of the
Paul Chu/superconductor affair, including text about "how"
Chu's group found out about the paper by Bednorz and Müller:


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HP loses appeal of IPR decision from

The bottom line:

HP Inc. (“HP”) appeals from the final decision of the
United States Patent and Trademark Office (“PTO”)
Patent Trial and Appeal Board (the “Board”) in an inter
partes review (“IPR”) proceeding finding ...

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