Patent & IP news for May 19, 2016

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post image BREAKING: Mr Justice Green rejects judicial review challenge to UK's tobacco plain packaging law from

The AmeriKat's version of plain packaging....This morning Mr Justice Green handed down his 386 page decision in Tobacco Packaging [2016] EWHC 1169 rejecting applications for judicial review brought by several of the world ...

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post image Federal Circuit Distinguishes Enfish in New Patent Eligible Subject Matter Decision from

The patentability of computer-implemented inventions has been in doubt in the United States since the U.S. Supreme Court decision Alice Corp. v. CLS Bank.  However, the recent Enfish v. Microsoft case provided some hope ...

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post image Evidence Based Policy Making – Beliefs and a Book from

C-Cat by Becky ZimmermanA curious thing is happening.  I'm questioning the sanctity of evidence-based policy making (EBPM). Or, perhaps more accurately, I'm questioning a utopian vision of evidence and instead coming round ...

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Court Report from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Endo Pharmaceuticals Inc. v. Impax Laboratories, Inc. 2:16-cv-02526; filed May 6, 2016 in the District ...

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In re Certain Activity Tracking Devices, Systems, and Components Thereof from

Pepys (17th century) recorded his sleep patterns, so wearable devices that record sleep patterns unpatentable? By Joseph Herndon -- On April 27, 2016, the U.S. International Trade Commission (ITC) issued an Order indicating that two ...

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Do your employee/contractor non-disclosure agreements comply with new DTSA notice requirements? from

Have you updated your company’s form employee and independent contractor non-disclosure agreements lately? Do they comply with the notice requirements relating to “whistleblowers” that took effect May 11, 2016 under a new federal law ...

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Amid Global Push For Tobacco Plain Packaging, IP And Health Rights Bog Down Africa from

CAPE TOWN, South Africa — Plain packaging is considered unattractive among marketers, loss-making for industries, and a healthy life promoter for governments and the public. The potent mix to balance profits, safeguard jobs and cut illnesses ...

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Washington Post: Colombia Battles World’s Biggest Drugmaker Over Cancer Drug from

[From the Washington Post] BOGOTA, Colombia — Colombia’s government is giving pharmaceutical giant Novartis a few weeks to lower prices on a popular cancer drug or see its monopoly on production of the medicine broken ...

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Remote Terminal Operation Patent Invalid Under 35 U.S.C. § 101 from

The court granted defendant's motion to dismiss because the asserted claims of plaintiff’s remote terminal operation patent encompassed unpatentable subject matter because it "would pre-empt substantially all uses of the underlying ideas at ...

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Lemley wins in TLI case from

From the decision:

TLI Communications LLC alleges that the defendants
infringe a patent relating to a method and system for
taking, transmitting, and organizing digital images. The
district court dismissed the complaint after concluding
that ...

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Galasso & Schankerman on the Effect of Patent Invalidation on Subsequent Innovation by the Patentee from

In a paper previously featured on this blog, economists Alberto Galasso (Toronto School of Management) and Mark Schankerman (London School of Economics) pioneered the use of effectively random Federal Circuit panel assignments as an instrumental ...

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Defend Trade Secrets Act of 2016: Signed into Law from

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law. President Obama publicly supported this legislation, and efforts generally directed to strengthen trade secret protections within the U.S. economy ...

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News Reports And Fair Dealing: Moneyweb v Media24 from

The recent decision involving Moneyweb and Media24 (Moneyweb (Pty) Limited v Media 24 Limited & Another [2016] ZAGPJHC 81) is an important one for copyright lawyers in South Africa because it is the first time that ...

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New Guidance to Examiners: Follow Enfish and TLI. from

by Dennis Crouch The Enfish case is important in the way that it gives teeth to step-one of the Alice/Mayo test for subject matter eligibility.  Notably, the unanimous panel of Judges Moore, Taranto, and ...

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DIAMOND COATING TECHNOLOGIES, LLC, loses its appeal at the CAFC from

The CAFC explores the question of transfer of all substantial patent rights in the appeal by DIAMOND COATING TECHNOLOGIES, LLC.

As to the basics of transfer of patent rights, the CAFC noted

Agreements transferring patent ...

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Perverse incentives for plagiarism from " jail time reduction " for publishing program? from

IPBiz notes the peculiar plagiarism issue presented in the post Romania’s prison literature: Local businessman investigated for plagiarism.

Apparently, in Romania, prison inmates can get reductions in sentences for writing books or publications while ...

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Court Report -- Part II from

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Amgen Inc. et al. v. Sandoz Inc. et al. 3:16-cv-02581; filed May 12, 2016 in ...

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U.S. Trade Representative Issues 2016 Special 301 Report from

By Kevin E. Noonan -- On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source ...

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