Patent & IP news for December 7, 2016

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post image Federal Circuit Relies on Non-Claim Construction Language in Markman Order in Affirming Summary Judgment of Non-Infringement from

Impulse Tech. Ltd. v. Microsoft Corp. (Fed. Cir. Dec. 7, 2016) (nonprecedential)

This case concerned the construction of the term "defined physical space" in a patent directed to the use of three-dimensional motion tracking for ...

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post image PPDs and standard disclosure - can you have your cake and eat it? from

In the post-Brexit referendum world, is anyone else suffering from fatigue concerning the English proverb regarding the consumption of cake?  This was even before a long lens photographer caught handwritten notes from a conservative MP ...

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post image Know No Truth: Federal Circuit Reversal of Hearsay Ruling Saves Biofuel Patent from

REG Synthetic Fuels, LLC (REG) owns U.S. Patent No. 8,231,804, entitled “Even carbon number paraffin composition and method of manufacturing same” (‘804 Patent). The ‘804 Patent is directed to paraffin compositions containing ...

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Guest Post -- The Emergent Microbiome: A Revolution for the Life Sciences -- Part IX, The Microbiome and Immunotherapy II from

By David Puleo* and Anthony D. Sabatelli** -- Given that the majority of the human microbiome is found in the gut, it is not surprising that most microbiome-based therapeutic approaches have been used to treat gastrointestinal ...

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No Decision On WTO Plain Packaging Dispute Before May 2017 from

The much-awaited decision of the World Trade Organization Dispute Settlement Body on Australia’s law requiring that tobacco products be sold in plain packages, challenged by four countries, has been postponed and is now expected ...

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Proposed EU Commission Copyright Reform Detrimental To Authors, CEIPI Says from

According to the Centre for International Intellectual Property Studies, the proposed European Commission copyright reform is detrimental to authors' interests, and contrary to the objective of creating a single digital market.

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US High Court Muddies Rule On Design Patent Damages from

The United States Supreme Court yesterday provided a big victory for Samsung – and common sense, according to many experts. The high court ruled that Samsung need not pay $399 million in damages – all the company ...

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Enfish is Not an Intervening Change of Law Sufficient to Amend Judgment of Invalidity Under 35 U.S.C. § 101 from

The court denied plaintiff's motion to amend an earlier judgment that the asserted claims of plaintiff's GPS patent were invalid for lack of patentable subject matter and rejected plaintiff's argument that Enfish ...

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Oral argument in CRISPR interference on December 6, 2016 from

The Scientist discussed the hearing of December 6, 2016 in the CRISPR interference battle.

Jeff Akst wrote

Just after 10:00 a.m., three USPTO judges entered and took their seats in front of the ...

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Recusal from

If you were curious about the two-judge decision in Impulse Technology Ltd. v. Microsoft Corporation decided today, it appears that the Federal Circuit judge that recused herself was Judge Moore.  From listening to the initial ...

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UNAIDS Board Considers Recommendations On Access To Medicines from

The Board of the Joint United Nations Programme on HIV/AIDS (UNAIDS) this week is considering a report calling for the 11 cosponsor agencies of the programme to follow the recommendations of the UN Secretary ...

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CAFC vacates PTAB obviousness decision in Nuvasive [IPR2013- 00506. ]. A lack of articulation. from

The conclusion of Nuvasive reads:

We have considered the parties’ remaining arguments
and find them unpersuasive. For these reasons, the Final
Written Decision of the U.S. Patent and Trademark
Office’s Patent and Trial ...

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What it takes to Prove a Motivation to Combine from

by Dennis Crouch In re NuVasive (Fed. Cir. 2016) In an important obviousness decision, the Federal Circuit has reversed the PTAB IPR decision – holding that the PTAB failed to sufficiently explain its ruling that a ...

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