Patent & IP news for June 17, 2016

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post image Certificates of Correction from

by Dennis Crouch A substantial percentage of patents continue to pass through the post-issuance correction process that leads to a Certificate of Correction. The chart above shows the number of certificates of correction issued by ...

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post image Apple and the podcast industry: a better future or no future? from

If you are a podcast listener, then this blogpost is for you. And If you are not a podcast listener, you should be, so this blogpost is also for you. As reported on May 7th ...

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post image A patent to prevent the EU Referendum: An IP practitioner's Brexit dream from

If only the AmeriKat had a patent
to prevent the EU referendum...
A precocious, yet anonymous, Kat friend has been musing on a missed opportunity in relation to the upcoming EU referendum. Assuming that under ...

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post image Common Ownership Exception to AIA § 102(a)(2) Prior Art from

Alyssa Novak

It has been more than three years since the America Invents Act (“AIA”) went into effect. By this time, you are likely familiar with what constitutes patent-defeating events, or “prior art,” under 35 ...

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post image Coke defends against opposition to 'ZERO' trade marks from

More than one trademark practitioner has probably asked herself how soft drink giant Coca-Cola goes about protecting its various ZERO-based trade marks. A window to this question can be found in the recent ruling of ...

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post image Court Finds BU Delay OK in LED Patent Infringement Suit from

Previous posts, e.g., here and here, reported on Boston University’s LED patent enforcement activity.  A recent decision handed down by a Massachusetts federal court hearing infringement lawsuits against Epistar and Everlight Electronics made ...

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Amicus Briefs in Support of Sequenom's Petition for Certiorari: Eli Lilly and Company et al. from

By Donald Zuhn -- In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision ...

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European Council Conclusions On Steps To Combat Antimicrobial Resistance from

The 28 European Union member governments have concluded next steps for addressing antimicrobial resistance, with a strong emphasis on reducing use of antibiotics in animals, but also including a call for new business models.

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WIPO GI System To Become More Expensive For Users; US Questions Administration from

Last year, amid protests from some World Intellectual Property Organization members, a new treaty was adopted to protect geographical indications, broadening an existing treaty. One of the objections of some was that the existing treaty ...

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WHO/PAHO New Response Plan For Zika Until December 2017 from

A new response plan for a strategic response to the Zika virus has been announced by the World Health Organization and the Pan American Health Organization. The revised Zika Strategic Response Plan includes elements such ...

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The Register slams the Financial Times over patents: "Maybe the FT's editor needs to get his story straight." from

From the post at The Register

In a separate piece last week ("Brexit vote would harm EU unitary patent plans"), the FT reported that: "The long-awaited single European patent, protecting inventions through out the EU ...

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European Council Approves First-Ever Analysis Of Drug Prices With Look At IP Rights from

The 28 European Union governments today were expected to give final approval to a first-ever plan to analyse medicines competition in Europe, with reference to drug prices, generics and biosimilars, and intellectual property rights. The ...

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Attorney Fees Calculated Using In-State Rates Even Where Use of Out-of-State Counsel Created Efficiencies from

The court denied in part defendant's request for attorney fees under 35 U.S.C. § 285 because the forum rate rule applied. "[Defendant] argues that the exception to the forum rate rule applies because ...

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Claims Directed to Prioritizing Events on an Electrical Power System Found Invalid as Being Directed to Patent-Ineligible Subject Matter Under 101 from

Takeaway:  A PTAB panel introduced a new ground of rejection sua sponte finding that the claimed subject matter was directed to patent-ineligible subject matter. The panel found that the claimed subject matter was directed to ...

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LGBT or ally in Intellectual Property? Then this is for you... from

IPKat has reported a couple of times (here and here) on the IP Inclusive initiative, working for diversity and inclusivity within the intellectual property industries. IP Inclusive is spearheaded by several Intellectual Property organisations (including ...

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DTSA: Temporary Restraining Order for Former Employer from

by Dennis Crouch Henry Schein, Inc., v. Cook (N.D.Cal. 2016) In one of the first written decisions based upon the Defend Trade Secrets Act (DTSA), Judge Tigar has granted Schein’s motion for ...

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CAFC affrims PTAB in In re Zhang from

The CAFC made short work of "In re Zhang."

We conclude that the Board’s findings on obviousness, including that Doi does not teach away from using the non-coated yarn of Weinle, are supported by ...

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GrafTech loses at the CAFC from

Related to evidentiary issues:

GrafTech’s argument suffers from two flaws.

First, GrafTech’s argument asks us to reweigh the evidence, which we may not do under the substantial evidence standard of review. See In ...

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