Patent & IP news for September 20, 2016

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post image Never Too Late: if you missed The IPKat last week from

It's Purrlock Holmes..Been away and wondering what you missed on IPKat last week? Well, wonder no more, since Never Too Late edition 114 is here with all of the evidence.

*  Wikimedia, EDRI, and ...

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post image Your List of Lists is not the Disclosed List from

In re Lemay (Fed. Cir. 2016) In a divided opinion, the Federal Circuit has sided with Apple Inc. and reversed the Patent Trial & Appeal Board (PTAB) — finding that no substantial evidence supported the USPTO’s ...

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post image PTAB reverses 103 when secondary reference feature would not provide benefit if incorporated into primary reference from

Takeaway: The Examiner rejected claims to a citrus reamer as obvious over a combination of three references, with two references disclosing the claimed features and a third providing a reason to combine. The Applicant successfully ...

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Zak v. Facebook, Inc. (E.D. Mich. 2016) from

Software Patent Found to Be Directed to Abstract Idea, But Survives § 101 Challenge with Inventive Concept By Joseph Herndon -- Bruce Zak, an individual, sued Facebook, Inc. for patent infringement in the U.S. District Court ...

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New Suggestions In Discussion In WIPO Traditional Knowledge Talks from

Delegates at the World Intellectual Property Organization have started trying to better clarify the different positions countries have on the protection of traditional knowledge. Today facilitators to the discussions provided textual suggestions on the objective ...

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Preliminary Injunction Denied in Light of Post-Motion Events Reflecting No Loss of Market Share from

The magistrate judge recommended denying plaintiffs' motion for a preliminary injunction to preclude the sale of the accused products because plaintiffs failed to establish irreparable harm and found that post-motion activity did not support plaintiffs ...

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Leaks Show TISA No Easy Trade Deal; Civil Rights Groups, Unions Alarmed from

Greenpeace, European Digital Rights, Public Services International and the International Transport Worker's Federation today presented a collection of leaked papers on the Trade in Services Agreement (TISA). As negotiators from a dozen countries currently ...

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“Inherent Disclosure” in Priority Document is Sufficient to Satisfy Written Description Requirement from

Yeda Research v. Abbott (Fed. Cir. 2016) Abbott’s patent broadly covers Tumor Necrosis Factor α binding protein (TBP-II). U.S. Patent No. 5,344,915.  The U.S. application was filed in 1990, but ...

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Twists in patent interferences: Yeda v. Abbott and Seed v. Westerman from

Abbott prevails over Yeda at CAFC case on Tumor Necrosis Factor α (“TNFα”), with the CAFC writing:

Whether the ’915 patent [of Abbott] is entitled
to benefit from the ’072 application’s filing date
depends ...

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Big Pharma Issues Industry Roadmap On Antimicrobial Resistance from

Major pharmaceutical companies today issued a roadmap they said aims to bring solutions to the problem of antimicrobial resistance (AMR). The plan, issued on the eve of the United Nations General Assembly High-Level Meeting on ...

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CAFC sustains reasoning of Achates in Wi-Fi v. Broadcom from

The outcome: This is an appeal from a decision of the Patent Trial
and Appeal Board in an inter partes review. The Board
held various claims of a patent owned by Wi-Fi One, LLC
(“Wi-Fi ...

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LifeNet Health v. LifeCell Corp. (Fed. Cir. 2016) from

By Kevin E. Noonan -- The complexities that can be attendant on defending against an infringement allegation, and the possibility that a straightforward path to non-infringement can be complicated by claim construction even for terms construed ...

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