Patent & IP news for May 4, 2016

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post image Intellectual Property Challenges in the Bio-Pharmaceutical Field from

There are two threats to using securitization to solve one of the primary problems in the bio-pharmaceutical field--funding research and development of new pharmaceuticals in the United States.  Securitization may include using intellectual property for ...

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post image On the Role of Scientific Advisers: Transparency and Expectations from

PatLit is pleased to have received a guest post by Chartered and European patent attorney Kirwin Lee. Kirwin discusses a very interesting character in the UK patent litigation: The "Scientific Adviser", who is a sort ...

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post image BREAKING NEWS: CJEU says Tobacco Products Directive is valid from

The IPKat has been obsessively following the debate upon tobacco plain packaging and, as to the European Union, the tumultuous course of Directive 2014/40/EU regarding "the manufacture, presentation and sale of tobacco and ...

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post image Right Sized Patents from

Dennis Crouch Many progressive policies focus on reducing disparities (income, wealth, education, and opportunities) that reflect some social injustice between those at the top and those at the bottom of our social spectrum. Conservatives often ...

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IRS’ Aggressive Position Challenging the Treatment of a License Agreement as a Sale of a Capital Asset Rejected on Summary Judgment from

We previously reported that the Internal Revenue Service (the “IRS”) took an aggressive position in challenging the treatment of a license agreement as a sale of a capital asset in the Tax Court case Mylan ...

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Citing “Toxic” Environment, US Congress Members Urge Secretary Kerry To Get UN Report On Gurry from

The bipartisan heads of several United States congressional subcommittees have sent a letter urging the Obama administration to obtain the full and uncensored United Nations report on an investigation into possible misconduct by the head ...

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Evolving State of § 101 Law Weighs Against Award of Attorney Fees Under § 285 from

Following summary judgment of invalidity for lack of patentable subject matter, the court denied defendant's motion for attorney fees under 35 U.S.C. § 285 because plaintiff's litigation positions were not baseless. "[D ...

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Compliance with EU Data Protection Regulation from

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. Introduction By means of an innovative and modern directive (Directive 95/46 ...

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May 2016 Subject Matter Eligibility Guidance Update from

If you’re about to submit a response to a §101 rejection, please note that the May 2016 Subject Matter Eligibility Guidance Update was announced today.  Here is the link to the updated materials on ...

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The CAFC and the case of the misleading ellipsis from

From a footnote in the Rhoads case (lost by appellant Rhoads):

Rhoads uses a somewhat misleading ellipsis to
suggest that the Examiner conceded that Davis did not
transmit electronic information to the device to cause ...

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