Patent & IP news for July 13, 2016

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The Medicines Company v. Hospira, Inc. (Fed. Cir. 2016) (en banc) from

By Kevin E. Noonan -- The past decade or so of U.S. patent law has been characterized by a consistent theme between Federal Circuit decisions and the Supreme Court's invalidation of them (and sometimes ...

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Shares of patent licensing cos were off in 2Q after a torrid start to year from

After a record-breaking first quarter, public IP company shares (PIPCOs) under-performed most stocks versus the S&P; 500 index in the second quarter. Following a five-year leading return of 13.1%, vs. 0.8% for ...

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Post-Huawei v ZTE: Are FRAND Negotiations Finally More Balanced In Europe? from

BARCELONA, Spain -- The Huawei v ZTE Case C - 170/13, 21 July 2015 prescribed some guidelines for fair, reasonable and non-discriminatory (FRAND) licensing negotiations, for both standard-essential patent holders and users. A recent private-sector panel ...

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Opposition To Kenyan “Anti-Innovation” ICT Bill Grows from

A bill introduced in Kenya’s parliament intended to streamline, govern and regulate the country’s information and communications technology (ICT) sector has been met with opposition from different quarters over fears that it could ...

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Insurance IP Exclusion without IP Claim from

Many insurance policies include “intellectual property” exclusions.  Hammond v. TCA, arose out of a failed business relationship in which Hammond (a software developer) had been cut-out as the middle-man.  In the case, TCA alleged that ...

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Fibromyalgia Drug Patent Not Obvious or Anticipated Given Complexity and Unknown Nature of Disease from

Following a bench trial, the court found that plaintiffs' fibromyalgia drug patents were not invalid as anticipated or obvious in light of prior art patents and publications. "[T]he record demonstrates that in 2001 and ...

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New Book On Price-Reducing Strategies For Essential Medicines Under IPRs from

A new book and website examine the impact of intellectual property rights on access to new essential medicines and call for measures that were used to reduce prices of patented HIV medicines to be applied ...

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Neel Sukhatme: Make Patent Examination Losers Pay from

Why do patent applicants pay higher fees when they succeed than when they fail? In a terrific new draft posted last week, "Loser Pays" in Patent Examination, Neel Sukhatme (Georgetown Law) argues that "such pricing ...

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Gilead’s Use Of Patents For $10B Tax Dodge Could Ignite Move For Policy Change from

Gilead is the US company whose use of patents to charge $1000 per pill for a hepatitis C medicine in the United States helped make high drug prices a developed country household issue and fodder ...

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Law Professors Call for Patent Venue Reform from

A group of 45 professors sent the following letter to Congress arguing for statutory reforms to limit venue in patent infringement cases.  One focus of this move is to direct intention toward a focused and ...

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CAFC reminds 101 victim: “relying on a computer to perform routine tasks more quickly or more accurately is insufficient to render a claim patent eligible.” from

From the Shortridge case:

To determine whether a patent claims ineligible subject
matter, we apply the now-familiar two-step test
introduced in Mayo, id. at 1296–97, and further explained
in Alice, 134 S. Ct. at ...

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WIPO Names Vivendi Executive Sylvie Forbin Of France New DDG For Copyright from

The World Intellectual Property Organization director general has named Sylvie Forbin of France, a veteran diplomat and copyright industry representative, as the next head of the WIPO Copyright and Creative Industries Sector. Forbin was chosen ...

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