Patent & IP news for April 18, 2017

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post image Licensee Marking Requirement from

Rembrandt Wireless v. Samsung (Fed. Cir. 2017) A jury found for Rembrandt and awarded $15.7 million in damages. On appeal, the Federal Circuit has affirmed on infringement and validity – but rejected the lower court ...

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post image Monday Miscellany from

GS Media and the evolving linking regime – Did we just wreck the Internet?
On 8 September 2016 the Court of Justice of the European Union gave its long-anticipated decision in the case GS Media BV ...

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Issue Preclusion: Claim Construction in Prior Lawsuit from

by Dennis Crouch Phil-Insul Corp. (IntegraSpec) v. Airlite Plastics (Fed. Cir. 2017) [IntegraSpec]. IntegraSpec’s U.S. Patent No. 5,428,933 covers an insulated concrete form (Styrofoam molds) used in building construction. Back in ...

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PTAB Life Sciences Report -- Part I from

By John Cravero -- About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Reckitt Benckiser LLC v. Ansell Healthcare Products LLC PTAB Petition: IPR2017-00063; filed ...

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PTO Director Lee from

Politico reports today that PTO Director Michelle Lee is “in the running to head up the White House Office of Science and Technology Policy” known as OSTP. [LINK]  Lee’s Obama-Holdover status suggests to me ...

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More on The Medicines Company v. Mylan, 2017 U.S. App. LEXIS 5947. Reverse doctrine of equivalents? from

The case The Medicines Company v. Mylan, 2017 U.S. App. LEXIS 5947, is unusual in several respects. Although a counterclaim of invalidity had been lodged, the question of invalidity was not reached, even though ...

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Claim Construction Appropriate at Pleading Stage Where Patent Provides Explicit Definition from

The court denied defendant's motion to dismiss plaintiff's direct patent infringement claim on the ground that plaintiff's claim was based on an implausible interpretation of its patent, but rejected plaintiff's argument ...

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Neglected Tropical Diseases: Gates Celebrates Industry Contribution, Chan Concurs from

Five years after health institutions and actors including pharmaceutical companies endorsed the London Declaration on Neglected Tropical Diseases, meant to support the World Health Organization to control and eradicate 10 specific diseases by 2020, new ...

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Hypotheticals on the upcoming CRISPR patent wars from

The discussion at Patent Docs relating to the reverse doctrine of equivalents pertained to the CRISPR dispute between UC/Berkeley and the Broad. How would a party, practicing CRISPR on eukaryotes, defend against a (hypothetical ...

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FDA Relents, Grants Premarket Authorization to 23andMe Genetic Diagnostics Test from

By Kevin E. Noonan -- On April 6th, the U.S. Food and Drug Administration (FDA) continued to loosen the reins on the genetic diagnostic and DNA analysis company 23andMe with regarding to direct-to-consumer (DTC) genetic ...

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