Patent & IP news for January 26, 2017

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post image Would you like a side of Mr Justice Arnold on SPCs with your wind turbine? Teva v Gilead, Abraxis v Comptroller and Wobben v Siemens kick of 2017's patent cases from

The GingerKat has been stalking this year's patent decisions
and has already come up trumps
It has been a quick start to the year with a number of juicy little decisions coming from the ...

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post image AIPPI (UK) Event: 2016's patent cases - all you really need to know from

Like AIPPI's final talk of 2016, the AmeriKat is also
bristling - but instead of patent law issues, she is bristling
having spotted someone wearing socks with sandals
Right before the Christmas holidays, the UK ...

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post image PTO Director Michelle Lee? from

With conflicting media reports and no statement from the USPTO or Department of Commerce, we are left guessing as to whether Michelle Lee continues-on as USPTO Director and Undersecretary of Commerce for Intellectual Property.  The ...

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post image The trademark licensing question that won't go away: the standing of a licensee to sue from

This Kat has a particular interest in all things related to the law of trademark licensing and always enjoys reading the most recent case law in this regard. Kat friend Taapsi Johri of K&S ...

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Aleynikov Conviction Reinstated by New York Appellate Court from

By Josh Rich -- Sergey Aleynikov was tried and convicted on criminal charges by both a Federal and a New York state jury; both times, his conviction was reversed. But his luck on appeal may have ...

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PTAB Bar Association Webinar on Thursday, January 26, 2017 from

The newly formed PTAB Bar Association will be hosting a webinar entitled "Industry Perspective on PTAB Proceedings – Important Issues and What Industry Insiders Seek from PTAB Counsel" from 1:00 pm to 2:00 pm ...

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‘Innocent’ IP theft is widely accepted and dangerously viral – Why? from

So widespread is IP abuse that it no longer is regarded as a crime by many of the people committing it or authorities entrusted to preventing it.  What has happened to change law-abiding citizens and ...

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US Could Agree To Slight Funding Increase At WHO Despite Trump Threats from

President Donald Trump’s promise to cut US funding to United Nations agencies has sent shock waves around the UN, but in a budget discussion at the World Health Organization Executive Board meeting today, the ...

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Plaintiff’s Use of Litigation as Fishing Expedition Justifies Attorney Fees Award Under 35 U.S.C. § 285 from

The court granted defendants' motion for attorney fees under 35 U.S.C. § 285 because plaintiff's litigation positions were baseless and the its litigation tactics were exceptional. "[T]here is substantial reason to believe ...

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The Last Inventorship Case? (102(f)) from

Cumberland Pharma v. Mylan (Fed. Cir. 2017) [cumberland] Cumberland’s Patent No. 8,399,445 is listed in the Orange Book as covering Acetadote, an intravenous antidote for overdoses of acetaminophen.  Following the process set ...

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Tinnus, CGI and filing objections to a magistrate's order from

In Tinnus v. Telebrands, 2017 U.S. App. LEXIS 1198, a preliminary injunction was granted based on a report and recommendation by a Magistrate Judge:

Tinnus filed its patent infringement suit against Telebrands on the ...

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Mylan loses its argument that "FDA invented it" from

The outcome at district court level

At the bench trial, Mylan argued that (1) the ’445 patent
had been derived from someone at the FDA, on the
theory that it was someone at the FDA ...

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WHO Director General Candidates Hold Colorful Meeting With The Press from

The three remaining candidates to be director general of the World Health Organization today met at length with UN journalists in the WHO and highlighted their plans for reform including finding new sources of funding ...

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Judge Neil Gorsuch of the Tenth Circuit from

The Scotusblog had an article the other day indicating that Tenth Circuit Judge Neil Gorsuch was on the three-judge short-list for Justice Scalia’s seat on the Supreme Court.  I was writing a paper earlier ...

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