Patent & IP news for March 28, 2017

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Twilio, Inc. v. Telesign Corp. (PTAB 2017) from

No CBM Review for On-Line Registration Patent Having Financial Applications and Uses By Joseph Herndon -- Twilio Inc. filed a Petition requesting covered business method patent review of claims 1–18 of U.S. Patent No ...

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SCOTUS: No laches in patent infringement cases; six-year limit on damages is the rule from

A recent Supreme Court decision may make it easier for patent holders to assert older patents, as the decision effectively removes the availability of laches (i.e., unreasonable delay) as a defense to a patent ...

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WHO Flu Framework Looks At Virus Genetic Information Sharing, Private Sector Contribution from

How to deal with genetic information rather than physical samples of pandemic influenza virus continues to be discussed at the World Health Organization. For the moment, only physical samples are part of a framework of ...

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Plaintiff’s Inability to Obtain Manufacturing Process Information from Chinese Manufacturer Justifies Presumption of Infringement Under 35 U.S.C. § 295 from

The court denied plaintiff's motion for summary judgment of infringement of a fungicide patent, but found that the burden to establish noninfringement should be shifted to defendant under 35 U.S.C. § 295. "[Plaintiff ...

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CAFC reverses PTAB for lack of substantial evidence in Chudik “Glenoid Implant" case from

The CAFC reversed PTAB in the Chudik case, 2016-1817.

Legal standard:

Anticipation is a question of fact we review for substantial
evidence. Blue Calypso, LLC v. Groupon, Inc.,
815 F.3d 1331, 1341 (Fed. Cir ...

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Story of professor stealing work of student reprises the "Big Bang" episode of "Law and Order" from

In an early episode of "Law and Order" entitled "Big Bang," a journal reviewer (who happened to have been an advisor to the article submitter) gave an unfavorable review and stole the work of the ...

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Large Amount Of Consumer Tech Is Counterfeit, OECD Report Finds from

Nearly 20 percent of mobile phones and 25 percent of video game consoles sold internationally are counterfeit, and the numbers are rising, according to a report by the Organisation for Economic Cooperation and Development (OECD).

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Oral argument in TC Heartland case concerning patent venue provisions from

The TC Heartland case pits a Supreme Court decision against later Congressional changes to venue.

The Washington Post on the Supreme Court TC Heartland case:

The justices acknowledged that their case from 1957 seemed definitive ...

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