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Patents

  • The Danish Maritime & Commercial Court issues ruling on the potential bias of judges
    Anders ValentinWith the Danish patent litigation community being limited in numbers and the pool of legal judges and expert judges available to the Danish specialty patents court being likewise limited in numbers, The Maritime & Commercial High Court (“MCC”) – along with its appellate branches – has long since decided ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-12
  • SEP owners find more reason to cheer latest DOJ proposal on injunctions
    Despite proposed new statement, question remains over the extent to which Makan Delrahim’s FRAND policy will find approval with the man likely to be the next Attorney General ... Read More
    Source: iamPublished on 2018-12-11By Richard Lloyd
  • Issue Preclusion Following a R.36 Jugdment
    by Dennis Crouch VirnetX Inc. v. Apple Inc., (Fed. Cir. December 10, 2018) The PTAB sided with Apple in the underlying IPR proceedings, finding that VirnetX patent claims were obvious. U.S. Patent No. 8,504,696 (claims 1–11, 14–25, and 28–30).  On appeal, the Federal Circuit has refused to consider the patentability merits — ... Read More
    Source: Patently-OPublished on 2018-12-11By Dennis Crouch
  • EPO – recent developments and background re plant products produced by essentially biological processes
    Exceptions to patentability – Plant products produced by essentially biological processes, Technical Board of Appeal 3.3.04, decision of 5 December 2018 in case T 1914/12, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The reported decision sets the refusal of an application for new pepper plants and fruits with nutritional value aside.  The ... Read More
    Source: EPLAW Patent BlogPublished on 2018-12-11By Annette Hirschfeld
  • Inventor recognition irony: Indian Patent Grant Certificate
    First Publication Date: 8th November 2010 Why do inventors invent? is an important question for many organizations involved in innovation at some level. There are a lot of incentives which play crucial roles in the inventing progress which have been reported on our blog earlier and a few top voted ... Read More
    Source: BIP CounselsPublished on 2018-12-11By BananaIP Reporter
  • Implications of CJEU ruling on Brexit withdrawal notification for the Unified Patent Court
    Wouter PorsEarly on Monday 10 December 2018, the Court of Justice of the European Union issued its judgment in Wightman et al v Secretary of State for Exiting the European Union (C-621/18), on whether the UK can unilaterally withdraw its Brexit notification. Although of course the judgment is strictly a ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-11
  • The patents that earned Qualcomm an iPhone injunction in China
    IAM uncovers the patents-in-suit, runs down the two sides’ validity wins and losses so far, and provides much more analysis of yesterday's shock preliminary injunction in the Intermediate People's Court of Fuzhou ... Read More
    Source: iamPublished on 2018-12-11By Jacob Schindler
  • SAP America, Inc. v. InvestPic, LLC (N.D. Tex. 2018)
    By Michael Borella -- We wrote about this case six months ago, regarding InvestPic's appeal to the Federal Circuit over having its patent invalided under 35 U.S.C. § 101 in the Northern District of Texas. InvestPic did not get the outcome it was looking for. Here, the case is back ... Read More
    Source: Patent DocsPublished on 2018-12-11By Patent Docs
  • Chinese injunction gives Qualcomm sorely needed litigation boost in fight with Apple
    News comes just weeks before oral arguments are due to get underway in chip maker’s case against Federal Trade Commission ... Read More
    Source: iamPublished on 2018-12-10By Richard Lloyd
  • The Political Dimension of Tomatoes, Broccoli and Peppers
    Miquel MontañáAs already reported by Kluwer Patent Blog, on 5 December 2018 (case T 1063/18) the EPO’s Technical Board of Appeal 3304 found that Rule 28 (2) is contrary to article 53 of the European Patent Convention (“EPC”) and that, therefore, it does not prevent the patentability of new pepper ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-10
  • Traditional Knowledge Use or Misuse?
    First Publication Date: 28th October 2010 Misuse of traditional knowledge and measures to prevent the same have been attracting attention since the turmeric patent controversy. After successfully revoking turmeric patent claims that formed part of traditional knowledge, the Indian government has taken numerous initiatives ranging from legislative and policy changes ... Read More
    Source: BIP CounselsPublished on 2018-12-10By BananaIP Reporter
  • Patent Exhaustion in India
    First Publication Date: 7th October 2010 A patent grants the Patent holder exclusive rights to prevent others from making, using, selling, offering for sale in the territory of patent grant or importing an invention into the territory of patent grant. Once an unrestricted sale of the patented invention is made, ... Read More
    Source: BIP CounselsPublished on 2018-12-10By BananaIP Reporter
  • Patently-O Bits and Bytes by Juvan Bonni
    Source: Patently-OPublished on 2018-12-10By Juvan Bonni
  • Seiko Epson makes more big disposals
    Former collaboration partner E Ink picks up nearly 800 patents; assignments reveal almost as many rights sold to OLED startup last year ... Read More
    Source: iamPublished on 2018-12-10By Jacob Schindler
  • Federal Circuit Protects Novartis Gilenya Patent From Obviousness-Type Double Patenting
    In Novartis AG v. Ezra Ventures LLC, the Federal Circuit addressed “the interplay between a patent term extension (PTE) granted pursuant to 35 U.S.C. § 156 and the obviousness-type double patenting doctrine.” In upholding the Novartis Gilenya patent, the court confirmed that the statute permits an extended product patent to “effectively” ... Read More
    Source: PharmaPatentsPublished on 2018-12-10By Courtenay C. Brinckerhoff
  • Novartis AG v. Ezra Ventures LLC (Fed. Cir. 2018)
    By Kevin E. Noonan -- In Novartis AG v. Ezra Ventures LLC, the Federal Circuit addressed a narrow but important question regarding its jurisprudence on the issue of obviousness-type double patenting (OTPD). That question was whether its decision in Gilead Sciences Inc. v. Natco Pharma Ltd., which established that a ... Read More
    Source: Patent DocsPublished on 2018-12-10By Patent Docs
  • Conference & CLE Calendar
    December 11, 2018 - "Patent Eligibility Post-Alice: Navigating the Nuances, Guidance From the Federal Circuit, the PTAB, and the USPTO" (Strafford) - 1:00 to 2:30 pm (EST) December 11, 2018 - "Enforcing Patents: Global Strategies and Tactics" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET) December 11, 2018 ... Read More
    Source: Patent DocsPublished on 2018-12-10By Patent Docs
  • Weekly Patent News: Indian Patent Statistics, Interesting inventions, Patent grants double in India, Samsung, Tivo, Nokia, Oppo sign patent licensing agreement, Apple and Qualcomm trial date set and more
    “Indian patent statistics, Interesting inventions, Indian patent grants went up by 50% in 2017 – WIPO Report, Himachal based University files 105 patents in 2018, Court sets April 15, 2019 as showdown date between Apple and Qualcomm, Samsung and Tivo renew patent license agreement, Nokia and OPPO ink patent licensing ... Read More
    Source: BIP CounselsPublished on 2018-12-10By BIP Patent Attorneys
  • Patent Case: Synchronmotor, Germany
    Volker TillmannThe FCJ confirmed that inventive step is to be acknowledged if the feature(s) distinguishing the claimed invention from the starting point for the assessment of inventive step are not directly and unambiguously derivable or at least rendered obvious by the prior art. This applies equally to functional features. Case ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-10
  • Germany: Synchronmotor, Federal Court of Justice of Germany, X ZR 51/06, 29 May 2018
    Volker TillmannThe FCJ confirmed that inventive step is to be acknowledged if the feature(s) distinguishing the claimed invention from the starting point for the assessment of inventive step are not directly and unambiguously derivable or at least rendered obvious by the prior art. This applies equally to functional features. A ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-10
  • IAM weekly review 3rd to 7th December
    Your essential Sunday reading: a summary of all the stories posted on the IAM platform in the past week - as well as links to each one ... Read More
    Source: iamPublished on 2018-12-09By Joff Wild
  • Indian herbal Viagra receives patent grant
    First Publication Date: 5th October 2010 Kunnath Pharmaceuticals, Kerala recently received a patent for their product, Musli Power Xtra, an Indian herbal aphrodisiac for men and women. Musli Power Xtra popularly known as the ‘Indian Herbal Viagra’ is  reportedly India’s first ayurvedic herbal formulation to receive a patent for the ... Read More
    Source: BIP CounselsPublished on 2018-12-09By BananaIP Reporter
  • IPO Webinar on Global Patent Enforcement
    The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Enforcing Patents: Global Strategies and Tactics" on December 11, 2018 from 2:00 to 3:00 pm (ET). Steven Carlson of Robins Kaplan LLP, Johannes Heselberger on Bardehle Pagenberg Partnerschaft MbB, and Boris Teksler of Conversant Intellectual Property Management Inc. ... Read More
    Source: Patent DocsPublished on 2018-12-09By Patent Docs
  • Webinar on USPTO Examiner Count System
    Strafford will be offering a webinar entitled "Navigating the USPTO Examiner Count System and Other USPTO Programs" on December 18, 2018 from 1:00 to 2:30 pm (EST). Adriana L. Burgy, Christopher C. Johns, and Kai Rajan of Finnegan Henderson Farabow Garrett & Dunner will provide guidance on leveraging the U.S. ... Read More
    Source: Patent DocsPublished on 2018-12-09By Patent Docs
  • USPTO Patent Quality Chat Webinar Series
    The U.S. Patent and Trademark Office will be offering the next webinar in its Patent Quality Chat webinar series from 12:00 to 1:00 pm (ET) on December 11, 2018. In the latest webinar, entitled "Customer Perceptions of Patent Quality and New Customer Experience (CX) Initiative," Marty Rater, Chief Statistician for ... Read More
    Source: Patent DocsPublished on 2018-12-09By Patent Docs
  • Webinar on Antibody Patenting
    Strafford will be offering a webinar entitled "Antibody Patenting After Amgen v. Sandoz: U.S. and European Perspectives -- Meeting Written Description and Obviousness Requirements" on December 20, 2018 from 1:00 to 2:30 pm (EST). Hazel Ford of Mathys & Squire and Jeffrey M. Jacobstein and Amanda K. Murphy of Finnegan ... Read More
    Source: Patent DocsPublished on 2018-12-09By Patent Docs
  • Patent Case: Tomra v. Kiremko, The Netherlands
    Bart van WezenbeekThe Court confirmed that a District court, not specialised in patent matters, does have relative jurisdiction to decide a motion to produce exhibits for determining patent infringement. In order to positively decide a motion to produce exhibits, (threat of) infringement should be made plausible, but the threshold for ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-08
  • Netherlands: Tomra v. Kiremko, District Court of Midden-Nederland
    Bart van WezenbeekThe Court confirmed that a District court, not specialised in patent matters, does have relative jurisdiction to decide a motion to produce exhibits for determining patent infringement. In order to positively decide a motion to produce exhibits, (threat of) infringement should be made plausible, but the threshold for ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-08
  • Qualcomm fears being required to renegotiate patent license agreements with Samsung, many others
    This is the first post, and probably not the last, in which I'll discuss some interesting information I found in the Federal Trade Commission's and Qualcomm's proposed findings of facts and conclusions of law with a view to next month's San Jose trial. Qualcomm's filing is more than twice as ... Read More
    Source: FOSS PATENTSPublished on 2018-12-08By Florian Mueller
  • Any attempts at 101 reform must deal with a Silicon Valley sized problem
    Closed door meeting on Capitol Hill looks to set the agenda for patent legislation in next Congress ... Read More
    Source: iamPublished on 2018-12-07By Richard Lloyd