Patent & IP news for December 22, 2016

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post image Never too late: If you missed the IPKat last week! from

Been too busy hibernating working to keep up with IPKat this week? No problem! Here is the 127th edition of Never Too Late to bring you up to speed!
Top-level Property Rights Protection Guideline released ...

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post image Book Review: two new methodology books for EQE candidates: Smart in C and Tactics for D from

Recently, two books have been published which are of great help to candidates preparing for the European Qualifying Examination (EQE) to become a European patent attorney.
Smart in C - A new and efficient methodology for ...

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PTAB Life Sciences Report -- Part III from

By John Cravero and Richard Martin -- About the PTAB Life Sciences Report: Each month (or more frequently) we will report on developments at the PTAB involving life sciences patents. Sienna Biopharmaceuticals, Inc. v. Rice University ...

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Apple brings antitrust action against Acacia over patents obtained from Nokia from

PatentlyApple has a post Apple Files a Major Antitrust Case against Acacia Research Corporation Pointing to a Conspiracy with Nokia Corporation which presents a complaint filed by Apple in federal ND Cal against Acacia (and ...

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IP World Enters New Year With Major Shift Of People In Pharma, Copyright from

As a new year dawns, a lot of movement has been observed in the pharmaceutical industry with new key players taking the lead. Meanwhile, new delegates are covering IP issues in Geneva, and coordination of ...

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IPR Estoppel Does Not Apply to Obviousness Grounds Based on Public Documents That Could Have Been Raised at the Outset of the IPR from

The court granted plaintiff's motion for summary judgment "to prevent [defendant] from asserting invalidity challenges" due to IPR estoppel as to references raised during a prior IPR, but denied the motion with respect to ...

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CAFC reverses PTAB in D'Agostino v. Mastercard from

The bottom line:

Because the Board’s decisions rest on
an unreasonable claim interpretation, we vacate the
decisions and remand for further proceedings.

Note text

Because the decisive aspect of the Board’s reasoning is ...

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The “Right” to Challenge a Patent from

by Dennis Crouch The Supreme Court in Lear, Inc. v. Adkins (1969) held that a licensee can challenge a patent’s validity — overruling the prior presumption of licensee estoppel found by Automatic Radio Mfg. v ...

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Takings? from

I created a “Hot Bench” category to identify oral arguments that I post that had a particularly “hot bench.”  The en banc oral argument in the In Re Aqua Products case was a particularly hot ...

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CAFC discusses the meaning of evidence in Rudolph Technologies from

Of a reversal of PTAB:

For the Board to have found that the “at least one
other die” disclosure in Alumot suggests multiple-die
comparison is one thing. But extrapolating this disclosure
even further, to find ...

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