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Patents

  • Owens, Shared Services, and an Independent USPTO

    USPTO’s chief information officer – John B. Owens – has left the agency to join the government contractor CGI Federal.  Owens departure coincides with the governmental shift where the Department of Commerce is increasingly taking-over the “enterprise services” within the USPTO as part of the “shared services initiative.”  As part of ... Read More
    Source: Patently-OPublished on 2017-11-22By Dennis Crouch
  • UK – OOO Abbott v. Design & Display

    OOO Abbott and another v Design & Display Limited and another, Intellectual Property Enterprise Court, UK, 22 November 2017 The UK Intellectual Property Enterprise Court considered issues arising relating to a determination of an account of profits following an earlier finding that Design & Display had infringed Abbott’s patent for ... Read More
    Source: EPLAW Patent BlogPublished on 2017-11-22By Annette Hirschfeld
  • En Banc: No-Opinion Judgments and Changing Course mid-IPR

    SNF Holding Co. v. BASF Corp. (Federal Circuit 2017) Important petition for en banc rehearing filed by the Duffy-Dabney team (Hughes Hubbard) with three questions presented: Whether 35 U.S.C. § 144 requires this Court to issue an opinion when exercising original jurisdiction under 35 U.S.C. §§ 141–144. Whether 35 U.S.C. § 316 ... Read More
    Source: Patently-OPublished on 2017-11-22By Dennis Crouch
  • BLOG: Time is running out for IAM Strategy 300 nominations

    There is not much time left to make a nomination for the 2018 edition of IAM Strategy 300, so if you know a world-leading IP strategist who deserves recognition, then please nominate them here before the closing date of 29th November. Since 2009, the IAM Strategy 300 has served as ... Read More
    Source: iamPublished on 2017-11-22
  • Oil States Preview Take II — Just What Did the Supreme Court Hold in McCormick Harveting Machine v. Aultman?

    By Andrew Williams -- Last week, we provided a preview of the Supreme Court case Oil States Energy Services, LLC. v. Greene's Energy Group, LLC. that will be argued on November 27, 2017. The underlying case has received a lot of attention, so it is not surprising that the post ... Read More
    Source: Patent DocsPublished on 2017-11-22By Patent Docs
  • Did the Federal Circuit Revive Halliburton (1946)?

    by Dennis Crouch BASF v. Johnson Matthey (Fed. Cir. 2017) BASF’s catalytic conversion system patent claims includes the functional limitations that the system is “effective for catalyzing”/”effective to catalyze” NH3 oxidation. In the infringement litigation, the district court sided with the accused infringer – holding that the functional language was ... Read More
    Source: Patently-OPublished on 2017-11-22By Dennis Crouch
  • Intervening Rights and Lost Profits

    by Dennis Crouch Presidio Components v. American Technical Ceramics (Fed. Cir. 2017) Intervening Rights: When issued claims are substantially amended — whether during reissue, reexamination, or AIA-Trial — an accused defendant will have “intervening rights.”   In particular, the defendant will not pay back-damages for any infringement prior to completion of the post-issuance action.  Section 252 explains ... Read More
    Source: Patently-OPublished on 2017-11-22By Dennis Crouch
  • Celgene’s New Revlimid® Lawsuits Shows Shifting Tactics From Earlier Natco Case

    Celgene faces a new gang of generics moving in on its blockbuster Revlimid®.  Over the past year, a number of generics have filed ANDAs against Revlimid®, including Dr. Reddy’s, Zydus, Cipla, and Lotus Pharmaceutical.  Those ANDAs have triggered corresponding Hatch-Waxman lawsuits from Celgene.  Among the asserted patents, most of them ... Read More
    Source: IP Watch DogPublished on 2017-11-21By Zachary Silbersher
  • USTR IP Objectives in NAFTA Renegotiation

    [USTR NAFTA Objectives] Obtain commitments to ratify or accede to international treaties reflecting best practices in intellectual property protection and enforcement. Provide a framework for effective cooperation between Parties on matters related to the adequate and effective protection and enforcement of intellectual property rights. Promote transparency and efficiency in the ... Read More
    Source: Patently-OPublished on 2017-11-21By Dennis Crouch
  • Amgen v. Sanofi: A well characterized antigen insufficient for written description of an antibody

    In what appears to be a clear departure from the past, in Amgen, the Federal Circuit has rejected the test, basing its rejection on the ground that it effectively eliminates the written description requirement.  Amgen at 15, 16.  According to the Court, where a functional genus claim to antibodies to ... Read More
    Source: IP Watch DogPublished on 2017-11-21By Sanjeev Mahanta, Ph.D., J.D.
  • ITC opens 337 investigation for potential patent infringement by Apple screen sharing technology

    The U.S. International Trade Commission (ITC) announced that it was investigating potential patent infringement committed by Cupertino, CA-based consumer tech giant Apple Inc. (NASDAQ:AAPL)... Aqua Connect said that Apple gave the ACTS terminal server product its “full support” when released to industry praise in 2008. To attract enterprise and government ... Read More
    Source: IP Watch DogPublished on 2017-11-21By Steve Brachmann
  • BLOG: Tough market realities confront RPX and other service providers that are eyeing China expansion

    On a recent quarterly earnings call, RPX CEO Marty Roberts told analysts that the firm is looking to expand its presence in China in 2018. The exact dimensions of the aggregator’s planned investment aren’t known as of yet, but when you speak with senior IP executives inside Chinese companies one ... Read More
    Source: iamPublished on 2017-11-21
  • Mastermine Software, Inc. v. Microsoft Corp. (Fed. Cir. 2017)

    By Michael Borella -- Mastermine brought a patent infringement action against Microsoft in the District of Minnesota. At issue were four claims of U.S. Patent No. 7,945,850 and three claims of U.S. Patent No. 8,429,518. After claim construction and indefiniteness rulings came down unfavorably for Mastermine, the parties agreed to ... Read More
    Source: Patent DocsPublished on 2017-11-21By Patent Docs
  • Federal Circuit Finds TC Heartland Changed Controlling Law, Can Be Applied Retroactively

    Arguing against Micron’s motion to dismiss, Harvard contended that TC Heartland only affirmed a previous precedent set by SCOTUS and that the improper venue challenge was available to Micron back when it filed its first motion in August 2016... The Federal Circuit concluded that the TC Heartland decision "changed controlling ... Read More
    Source: IP Watch DogPublished on 2017-11-20By Steve Brachmann
  • BLOG: BlackBerry calls in deal making elite to help monetise its portfolio in smartphone sector

    Last week BlackBerry put out a press release announcing what looks to be a pretty significant shift in its patent monetisation strategy. Instead of doing all the work in-house, the company has agreed a deal that gives an entity called Teletry “the right to sublicense a broad range of BlackBerry ... Read More
    Source: iamPublished on 2017-11-20
  • Compulsory licencing proposed in the Netherlands to enforce lower prices for medicines

    Kluwer UPC News bloggerWhen a company is not prepared to charge a socially acceptable price in the Netherlands for a medicine, the government should use other instruments such as compulsory licences, encouraging pharmacy preparation and allowing patients to order medicinal products abroad in order to ensure that the medicine is ... Read More
    Source: Kluwer Patent BlogPublished on 2017-11-20
  • USPTO Increases IPR Filing Fees by $6,500 in Final Rule on Fee Adjustments

    The USPTO issued a final rule to set or adjust certain patent fees as the agency is authorized to do under the America Invents Act (AIA) of 2011. The fee increases, which include some significant increases to petitioners filing for inter partes review (IPR) proceedings, are ostensibly meant to cover ... Read More
    Source: IP Watch DogPublished on 2017-11-20By Steve Brachmann
  • 1877 Supreme Court Thought’s on Oil States?

    Cochrane v. Deener, 94 U.S. 780 (1877) It would, perhaps, be desirable if all cases of this sort [i.e., patent cases] could be referred to a commission of intelligent experts and practical men to report their opinion thereon, with their reasons, for the final action of the court. … Neither ... Read More
    Source: Patently-OPublished on 2017-11-20By Dennis Crouch
  • When Universities Patent Their Research

    A few months ago, a judge ordered Apple to pay the University of Wisconsin $506 million for infringing one of its tech patents. Last year, Carnegie-Mellon University won $750 million in a patent infringement lawsuit against Marvell Technology Group. With such big-money patent cases in the news, you might think ... Read More
    Source: IP Watch DogPublished on 2017-11-20By Adam Hayes
  • BLOG: Shenzhen customs authorities go to bat for Huawei & ZTE by blocking export of 260,000 patent-infringing products

    According to a report from Xinhua news agency, a special IP enforcement campaign is being undertaken by customs authorities at a national level in China. One particular initiative, in the high-tech hub of Shenzhen, is of particular interest given what kinds of goods are apparently being targeted and on whose ... Read More
    Source: iamPublished on 2017-11-20
  • EPLAW – Update: registration EPLAW congress 24 November 2017 now closed

    Registration for the EPLAW congress on 24 November has now closed as the maximum number of participants has been reached. The final programme can be seen here. The EPLAW Board looks forward to welcoming all participants in Brussels!   ... Read More
    Source: EPLAW Patent BlogPublished on 2017-11-20By Annette Hirschfeld
  • Weekly Patent News Updates: Sign Language Patents, Umbrella for Self Defense, Disability Assistance Patents, The Dravidian, IPR Courses, Blackberry Patent Licensing, Continuation application, Divisional application, Continuation in part application, PPH Agreement, Apple probe by USITC, Patent Tip of the Week and more.

    “Patent for converting Sign Language to text, Umbrella for Self Defense, Disability Assistance Patents, The Dravidian, IPR Courses, Blackberry Patent Licensing, Difference between Continuation application, Divisional application and Continuation in part application, PPH Agreement between Brazil and China, Apple probe by USITC, Patent tip of the week and more weekly ... Read More
    Source: BIP CounselsPublished on 2017-11-20By BananaIP Reporter
  • USPTO Patent Fees To Go Up January 2018

    While Congress is trying to pass a tax reform bill that would cut corporate taxes, USPTO patent fees will increase effective January 16, 2018. The 72% jump in the Inter Partes Review request fee has gotten the most attention, but a number of prosecution fee increases are notable. As stakeholders ... Read More
    Source: PharmaPatentsPublished on 2017-11-20By Courtenay C. Brinckerhoff
  • Amgen Inc. v. Sanofi (Fed. Cir. 2017)

    By Kevin E. Noonan -- Last month, the Federal Circuit rendered a decision in Amgen Inc. v. Sanofi that brought clarity to how the Court (and U.S. Patent and Trademark Office) should apply the written description requirement in 35 U.S.C. § 112(a) to properly circumscribe the scope of claims to ... Read More
    Source: Patent DocsPublished on 2017-11-20By Patent Docs
  • Conference & CLE Calendar

    November 27, 2017 - Post-argument discussion on SAS Institute Inc. v. Matal (American University Washington College of Law Program on Information Justice & Intellectual Property) - 4:00 pm (Eastern), Washington, DC. November 27, 2017 - Post-argument discussion on Oil States Energy Services, LLC v. Greene's Energy Group, LLC (American University ... Read More
    Source: Patent DocsPublished on 2017-11-20By Patent Docs
  • Court Issues TRO: Enjoining Infringer from Filing a Reexamination Petition

    by Dennis Crouch Columbia Sportswear v. Serius Innovative (S.D.Cal. 2017) I previously wrote about Columbia Sportswear design patent verdict and damages award against Serius.  The patent – D657,093 – covers a wavy-pattern as part of a heat reflective material.  Post trial, the court has now issued an emergency Temporary Restraining ... Read More
    Source: Patently-OPublished on 2017-11-20By Dennis Crouch
  • Webinar on Eligibility, Obviousness & Prior Art

    CPA Global will hosting a webinar entitled "Eligibility, Obviousness & Prior Art: Strategies for Responding to Rejections at the USPTO" on November 30, 2017 beginning at 12:00 am (ET). Gene Quinn of IPWatchdog, Inc.; Stephen G. Kunin of Oblon McClelland, Maier & Neustadt, L.L.P; and Peter G. Thurlow of Polsinelli ... Read More
    Source: Patent DocsPublished on 2017-11-19By Patent Docs
  • Washington College of Law Post-Argument Discussion of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

    As part of its ongoing Supreme Court series, the American University Washington College of Law Program on Information Justice & Intellectual Property will be hosting a post-argument discussion on the Oil States Energy Services, LLC v. Greene's Energy Group, LLC case beginning at 5:00 pm (Eastern) on November 27, 2017 ... Read More
    Source: Patent DocsPublished on 2017-11-19By Patent Docs
  • Washington College of Law Post-Argument Discussion of SAS Institute Inc. v. Matal

    As part of its ongoing Supreme Court series, the American University Washington College of Law Program on Information Justice & Intellectual Property will be hosting a post-argument discussion on the SAS Institute Inc. v. Matal case beginning at 4:00 pm (Eastern) on November 27, 2017 at the American University Washington ... Read More
    Source: Patent DocsPublished on 2017-11-19By Patent Docs
  • Germany: Fettabsaugvorrichtung (Liposuction Apparatus), Federal Court of Justice of Germany, X ZR 84/14, 20 December 2016

    Thorsten Bausch and Leona GrossThe Federal Court of Justice held in the present case that it was not relevant whether it is possible to escape a declaration of nullity due to added matter under certain circumstances, as recently affirmed in FCJ X ZR 161/12 Wundbehandlungsvorrichtung, since the subject matter in ... Read More
    Source: Kluwer Patent BlogPublished on 2017-11-18