Patent & IP news for August 9, 2016

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post image Gathering evidence in patent proceedings? EPLAW's Europe/Japan mock trials may be what you need from

Somewhat, but not completely revealing,
Merpel impersonates a defendant's 
voluntary infringement evidence....September seems to be the month of mock trials, with at least three in the works as far as the AmeriKat is ...

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post image Fiddler on the Roof: FTC to be More Active in Rooftop Solar? from

The U.S. Federal Trade Commission (FTC) has been very active in combating greenwashers, those advertisers and marketers of green products and services that make false or deceptive claims of environmental benefits. America’s consumer ...

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Enhancing Damages in Halo v. Pulse from

The 2012 jury verdict form in Halo v. Pulse asks “Has Halo proven that it is highly probable that Pulse’s infringement was willful?”  The jury answered “YES.” Judge Pro instructed the jury that: Halo ...

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BPCIA Notice of Commercial Marketing Requirement Privately Enforceable Via Declaratory Relief Claim from

The court denied defendant's motion to dismiss plaintiffs' claim for a declaratory judgment that defendant failed to provide notice of commercial marketing as required by the BPCIA and rejected defendant's argument that plaintiffs ...

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CAFC in CSB-System: BRI is not a monolithic standard from

The issue was "what standard" of review is applied in re-exams, when the patent has expired:

The ’953 patent expired on May 20, 2014, after the
examiner issued a final rejection but before consideration
by ...

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CAFC in Warsaw from

Based on two petitions filed by NuVasive, Inc.
(“NuVasive”), the United States Patent and Trademark
Office’s (“USPTO”) Patent Trial and Appeal Board
(“PTAB”) instituted inter partes reviews of claims 1–30 of
U.S ...

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Some thoughts on Broadest Reasonable Interpretation from

By Jason Rantanen A few weeks ago, my curiosity took me into trying to figure out what broadest reasonable interpretation (BRI) actually means as an approach to claim construction and how it differs from claim ...

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AbbVie v. Amgen: The Litigation Phase for a HUMIRA® Biosimilar Begins from

By Andrew Williams -- To date, Amgen has been the reference product sponsor for many biosimilar applications. Correspondingly, Amgen has been the Plaintiff in many of the litigations that have been based on the provisions of ...

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