Patent & IP news for March 6, 2017

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post image Limits on Disclaimer in Claim Construction from

by Dennis Crouch Technology Properties Ltd. v. Huawei Tech, et al. (Fed. Cir. 2017) This decision by Judge Moore recalls the Federal Circuit’s long history of rejecting district court claim constructions and also highlights ...

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post image UPC to open in December - a triumph of hope over experience? from

The GeordieKat looking forward to a big win,
but perhaps a bit less excited about the UPC
The AmeriKat has been whiskers down in a trial or two for the past couple of months, but ...

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Conference & CLE Calendar from

March 8, 2017 - "How to Structure PTAB Proceedings and Appeals before the Federal Circuit" (American Bar Association Center for Professional Development and Section of Intellectual Property Law) - 1:00 to 2:00 pm (ET) March ...

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USPTO Adds New Features to PatentsView Tool from

By Donald Zuhn -- In January, the U.S. Patent and Trademark Office announced the addition of several new features to its patent data visualization and analysis tool, PatentsView, which allows the public to interactively engage ...

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The KitKat shape mark – no merging of territories for proof of acquired distinctiveness from

So much paper for this shapeThe disputes around the shape of the KitKat chocolate bar just do not seem to end. The fight between Nestlé and Cadbury has already led to a judgment by ...

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IP licensing leader Tessera renamed Xperi Corp in rebranding push from

One of the leading public IP licensing companies, or PIPCOs, Tessera Holding Corporation, has changed its name to Xperi Corporation, an indication that it has altered its direction.  The renaming is an apparent effort to ...

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Patent Data – The Modern Investor’s Crystal Ball from

What if there was a crystal ball that could tell you where and when to invest your money? It sounds like science fiction, but engineers at MIT have actually developed a formula that can predict ...

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A Review Of ‘Standard Essential Patents Within Global Networks – An Emerging Economies Perspective’ By Dieter Ernst from

Dieter Ernst’s study[i] is one of the few, if not the only one, to thoroughly examine the role, function and effects of Standard Essential Patents from a developing country’s perspective. As such ...

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First Access To Vaccines Index Published from

An “Access to Vaccines Index” was released today in the Netherlands that claims to “reveal the first landscape of vaccine company actions to improve immunisation coverage.” The index “finds a high level of diversity in ...

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Asserted Claims of Two of Three Challenged Fitbit Patents Invalid Under 35 U.S.C. § 101 from

The court granted defendant's motion for judgment on the pleadings because the asserted claims of plaintiff’s physical activity detection patent encompassed unpatentable subject matter and found that the claims were directed toward an ...

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Prior Settlement Agreement Helps the Jury find Liability and Damages from

by Dennis Crouch Prism Tech v. Sprint Spectrum (Fed. Cir. 2017) [prismtech] The Nebraska jury found Sprint liable for infringing Prism’s patents and awarded $30 million in reasonable-royalty damages. U.S. Patent Nos. 8 ...

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The EU Commission's Plan B in the Apple-Ireland "state aid" case: make Apple pay $1.2 billion from

Several readers asked for a more specific number after I wrote last month that the European Commission's secondary line of reasoning in the Apple-Ireland "state aid" decision of last August (PDF) would come down ...

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Patentlyo Bits and Bytes by Anthony McCain from

Ron Katznelson: Can The Supreme Court’s Erosion Of Patent Rights Be Reversed Amanda Ciccatelli: U.S. Withdrawal From TPP Impact On Intellectual Property Jo Dale Carothers: One Is Not Enough For Patent Infringement Under ...

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The CAFC in Prism v. Sprint gives a detailed exposition on admissibility of settlements under FRE 403 from

As to evidentiary rulings:

We see no legal error or other abuse of discretion
in the district court’s allowing of Mr. Minor’s testimony.
See Gen. Elec. Co. v. Joiner, 522 U.S. 136 ...

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