Patent & IP news for November 29, 2016

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post image No measure of success in passing off cup case from

The get-up - exteriorThere are several means of measuring cooking ingredients, ranging from old school scales to measuring cups.  Since the 1930s, one of the most recognisable brands for measuring cups (at least in England) has ...

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post image AIPPI Congress Report 5: Antitrust and Pharma - seeking a balance from

The IPKat expertly balancing on the
patent law and competition law
If you are like the AmeriKat and are thinking back to simpler times, really any time before November, then you are in for ...

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post image Around the IP blogs from

A Matter of Interpretation: Libraries Land a ‘Victory’ in CJEU’s Judgment on E-LendingKluwer Copyright Blog provides the full story leading up to and including the CJEU’s preliminary ruling in Vereniging Openbare Bibliotheken ...

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post image When the Rolling Stones visited 2120 South Michigan Avenue in Chicago from

This Kat feels sorry for all those music kittens who are simply too young to have experienced the formative years of contemporary music, being the 1950’s and 1960’s.(Any Kat skeptics are invited ...

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Federal Circuit unsurprisingly upholds its most surprising decision ever in Apple v. Samsung from

On the first day after a long Thanksgiving weekend, the United States Court of Appeals for the Federal Circuit denied, without stating any particular reasons, a petition filed by Samsung earlier this month for a ...

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Roxane Laboratories, Inc. v. Camber Pharmaceuticals Inc. (Fed. Cir. 2016) from

By Kevin E. Noonan -- The patent prosecutor's art requires exquisite foresight, if not prescience, in balancing the requirements for specificity needed to satisfy the disclosure requirements of § 112 while anticipating efforts to design around ...

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First Attempt At Bridging Textual Gaps On Traditional Knowledge Protection At WIPO from

A new text suggested by facilitators in the ongoing discussions on the protection of traditional knowledge at the World Intellectual Property Organization attempts to tighten options to facilitate further discussions. They focused on the policy ...

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Expert’s Reliance on Forward Citation Analysis Does Not Render Reasonable Royalty Opinion Unreliable from

The court denied plaintiff's motion to exclude the testimony of defendant's damages expert regarding a reasonable royalty on the ground that forward citation analysis was unreliable. "Forward citation analysis is a method of ...

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FAO Postpones New Director For Office In Geneva from

The United Nations Food and Agriculture Organisation (FAO) today announced the postponement of the assumption of duties of the person appointed to become the new director of the FAO liaison office in Geneva. The postponement ...

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CERN Staff Association Says There’s A “Loose Screw” At Top Of EPO from

The Staff Association of the Geneva-based European Organization for Nuclear Research (CERN) this week issued a strongly worded statement in solidarity with staff at the European Patent Office. They called the EPO essential to Europe ...

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101 invalidity found in Apple v. Ameranth case involving review PTAB decision on "covered business methods" from

In this case, the CAFC was reviewing a PTAB decision on
covered business methods:

In this appeal, we review Patent Trial and Appeal
Board decisions in three Covered Business Method
(“CBM”) reviews. The decisions addressed ...

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Mannheim Regional Court denies injunction in standard-essential patents case for antitrust reasons from

There was a time when I spent most Fridays--and occasionally also a Tuesday--in Mannheim (and on trains from Munich to Mannheim and back) to watch numerous smartphone patent trials. After coming to terms with a ...

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Dominica Accepts TRIPS Health Amendment, Only A Few More To Go from

The government of Dominica has deposited its instrument of acceptance of the 2005 so-called “paragraph 6” amendment to international intellectual property trade rules aimed at making it easier for countries to export affordable medical products ...

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Patent citation analysis upheld for calculating damages in Comcast v. Sprint, 2016 U.S. Dist. LEXIS 161623 (!?!) from

From Comcast v. Sprint, 2016 U.S. Dist. LEXIS 161623 (opinion by Hon. Jan E. DuBois, ED Pa) on the validity of "forward patent citation analyis" (using later citations to an earlier patent to establish ...

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Is it Obvious to Combine Five References? from

by Dennis Crouch On his (great) blog, Bill Vobach considers whether it is time to revisit In re Gorman, 933 F.2d 982 (Fed. Cir. 1991).   Gorman involved an obviousness rejection based upon a combination ...

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European Unitary Patent Court One Step Closer with UK Signaling Assent from

by Dennis Crouch One of my students recently led a class discussion on the future European Unitary Patent and Unitary Patent Court.  The idea is to have a pan-European patent enforcement zone for patents issued ...

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