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Patents

  • EPO – Syngenta / TBA: rule 28(2) excluding plant products from patentability is void
    At oral proceedings, which took place on 5 December 2018, Technical Board of Appeal 3304  held that Rule 28(2) EPC -excluding plant products produced by essentially biological processes from patentability- is in conflict with Article 53(b) EPC as interpreted by the Enlarged Board of Appeal in decisions G 2/12 and ... Read More
    Source: EPLAW Patent BlogPublished on 2018-12-07By Annette Hirschfeld
  • Standing to Appeal IPR Judgments: When does a Statute Create Injury-in-Fact?
    by Dennis Crouch JTEKT Corporation vs. GKN Automotive LTD. (Supreme Court 2018) In 2016, JTEKT (Toyota) an inter partes review (IPR) petition challenging GKN’s Patent No. 8,215,440 (2wd/4wd dual drive-train).  During the IPR, GKN disclaimed the broadest claims, and the PTO confirmed validity of the remaining claims.  Here, the key ... Read More
    Source: Patently-OPublished on 2018-12-07By Dennis Crouch
  • NL – Ancientgrain v. Bakels Senior
    Ancientgrain B.V. v. Bakels Senior N.V., District Court The Hague, The Netherlands, 21 November 2018, Case No. ECLI:NL:RBDHA:2018:13960 Two Dutch patents of Ancientgrain relating to processed ‘Teff-grain’ (Eragrostis grain) lack inventive step and are thus not infringed by Bakels. A message sent to potential Teff growers (the ‘Teff-document’) before the ... Read More
    Source: EPLAW Patent BlogPublished on 2018-12-07By Annette Hirschfeld
  • Patentability of plants: EPO reacts to decision T1063/18 Board of Appeal
    Kluwer Patent bloggerThe European Patent Office ‘will consider possible next actions’ together with the EPO Member States after a high-profile decision of a Board of Appeal earlier this week, concerning the patentability of plants. In case T 1063/18, the BoA decided that EPC Rules which were introduced by the EPO ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-07
  • More on Fee Awards and Competent Billing and Motion Practice
    By David Hricik In my last post, I mentioned being thoughtful about billing records and some other issues about Section 285.  As if on cue, a court issued an opinion which denied an award of some fees because the time had been block billed.  As a result, the court could ... Read More
    Source: Patently-OPublished on 2018-12-07By David
  • Financial assistance from Technology Development Board (TDB) for industrial concerns for the development of indigenous technologies
    First Publication Date: 4th October 2010 Technology Development Board (TDB) mandates to provide financial assistance to the industrial concerns and other agencies attempting development and commercial application of indigenous technology or adapting imported technology for wider domestic application. TDB was established as per the provisions of Technology Development Board Act, ... Read More
    Source: BIP CounselsPublished on 2018-12-07By BananaIP Reporter
  • Patent: Patentability of scientific principles and natural relationships in the light of Laboratory Corp. v. Metabolite
    First Publication Date: 2nd October 2010 Introduction The scope of patentable subject matter in USA can be considered to be the broadest in the world. The US patent system has been responding to new technologies faster than that of any other country. The US was the first to open its ... Read More
    Source: BIP CounselsPublished on 2018-12-07By BananaIP Reporter
  • Boston Scientific enhances its patent portfolio with BTG acquisition
    An in-depth analysis shows that the American medical device manufacturer may not gain much in terms of quantity from its $4 billion purchase, but that the British healthcare company’s IP assets will boost its peripheral interventional offerings ... Read More
    Source: iamPublished on 2018-12-07By Bridget Diakun
  • SPCs under friendly fire
    Oswin Ridderbusch and Alexa von UexküllWhy would anyone want to have their own supplementary protection certificate (SPC) revoked? – The answer is, quite simply, Article 3(c). Under Article 3(c) of Regulation (EC) 469/2009 on SPCs for medicinal products (and, likewise, under Article 3(1)(c) of Regulation (EC) 1610/96 on SPCs for ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-07
  • “No barriers, no fees”: China Mobile announces 5G royalty policy
    World’s largest mobile operator pledges not to collect licence fees on 5G contributions which reports say have generated nearly 1,000 patent applications ... Read More
    Source: iamPublished on 2018-12-07By Jacob Schindler
  • When defending against standard-essential patents, beware of standard-essential utility models
    While "standard-essential patents" (SEPs) is one of the most common terms in the tech sector, it would sometimes be more accurate and inclusive to refer to "standard-essential intellectual property rights" (SEIPRs). That collective term would include both SEPs and SEUMs: standard-essential utility models. Utility models are a German specialty, basically ... Read More
    Source: FOSS PATENTSPublished on 2018-12-07By Florian Mueller
  • Supreme Court Hears Oral Argument in Helsinn v. Teva
    By Kevin E. Noonan -- The Supreme Court's recent forays into patent law cases have evinced a tendency towards statutory construction analysis, whether regarding substantive law (see, e.g., WesternGeco LLC v. ION Geophysical Corp. (2018); Sandoz Inc. v. Amgen Inc. (2017); Impression Products, Inc. v. Lexmark International, Inc. (2017); TC ... Read More
    Source: Patent DocsPublished on 2018-12-07By Patent Docs
  • POP! – Precedential Opinion Panel takes on Late-Joinder Attempt
    by Dennis Crouch In September 2018, the USPTO rewrote several Standard Operating Procedures (SOPs) for the Patent Trial and Appeal Board (PTAB). Revised SOP2 creates the Precedential Opinion Panel (POP) to be convened to rehear issues of “exceptional importance” as well as for re-designating prior opinions as precedential, when deemed appropriate.  ... Read More
    Source: Patently-OPublished on 2018-12-07By Dennis Crouch
  • Former Google dealmaker becomes latest senior player to exit tech giant
    John LaBarre's move to a biotech start-up follows previous departures of Allen Lo and Jeremiah Chan to Facebook, and is further evidence of the narrowing IP strategy gap between high-tech and the life sciences   ... Read More
    Source: iamPublished on 2018-12-06By Richard Lloyd
  • 285, Claim Construction and Lessons from Fee Awards
    By David Hricik First off, happy holidays to everyone. I’ve had some health issues and have been very intermittent in posting.  Other than getting old (a good thing), I am happy to report that I am fine. Second, a lot has been going on in 285. Long ago, I posted ... Read More
    Source: Patently-OPublished on 2018-12-06By David
  • A rough deal for the patentee: notes from the user consultation conference on the second draft Rules of Procedure of the Boards of Appeal
    Thorsten Bauschby Adam Lacy and Thorsten Bausch As European patent professionals are all too aware, the Boards of Appeal of the EPO (BOA) have a huge amount of power, particularly over the rights of patentees. In EPO opposition proceedings, the BOA have the final say on whether to revoke a ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-06
  • China to blacklist “serious” patent infringers
    Days after announced trade truce, China’s government explains ‘social credit score’ consequences for IP infringers first floated three years ago. Penalties range from borrowing restrictions to air travel bans. ... Read More
    Source: iamPublished on 2018-12-06By Jacob Schindler
  • Should Medical Methods Be Patented?
    First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing ... Read More
    Source: BIP CounselsPublished on 2018-12-06By BananaIP Reporter
  • Top 3 Posts of the Autumn from our IP Law Blogs
    Kluwer Patent bloggerTo ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs.  Here are the top posts from September, ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-06
  • Complications In Patenting Biotech Inventions: A Peek At US Law
    First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance ... Read More
    Source: BIP CounselsPublished on 2018-12-06By BananaIP Reporter
  • Did Neanderthal DNA Persist in Modern Humans as a Defense against Xenobiotic Viruses?
    By Kevin E. Noonan -- Human evolution, once its occurrence was recognized over a century and a half ago, has long been a source of confusion, concern, and controversy (as well as fascination and wonder). The recent explosion in our understanding of the human genome, and particularly genomes of humanity's ... Read More
    Source: Patent DocsPublished on 2018-12-06By Patent Docs
  • EPO Board of Appeal decides plants can be patentable after all
    Kluwer Patent bloggerPlants which are produced according to essentially biological processes need to be held patentable, despite EPO Guidelines which were introduced in 2017 to exclude them from patentability. The EPO Board of Appeal came to this remarkable decision earlier today in case T 1063/18. By Frits Michiels and Bart ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-05
  • Prior rights and registered intellectual property
    This article explores whether exclusive rights in a trademark can be obtained in the course of trade without registration and the scope of these rights across Russia. It also examines the benefits of trademark registration and describes some practical steps that both a prior user and a subsequent registrant can ... Read More
    Source: iamPublished on 2018-12-05By David Aylen
  • SUCCESS Act extends USPTO’s fee-setting authority
    The SUCCESS Act reads as a feel-good piece of legislation that acknowledges the growing role of underrepresented classes in the innovation ecosystem. However, it maintains the USPTO's controversial fee-setting authority. ... Read More
    Source: iamPublished on 2018-12-05By Kevin Dietz
  • Taiwan Supreme Court issues decision on unfair enrichment in patent infringement case
    In this case brought before the Taiwan Supreme Court, the rights holder failed to enforce its intellectual property after a substantial period of time, giving the defendant reason to believe that it never would. ... Read More
    Source: iamPublished on 2018-12-05By Yulan Kuo,Hui-ming Huang
  • Merck’s Temodar continues to face generic threat!
    First Publication Date: 23rd September 2010 Schering Corp, a subsidiary of Merck & Co, filed a patent infringement suit against Sun Pharma in response to Sun’s Abbreviated New Drug Application (ANDA). Sun Pharma through this ANDA is trying to seek FDA’s approval to commercially manufacture the generic version of the ... Read More
    Source: BIP CounselsPublished on 2018-12-05By BananaIP Reporter
  • News from Abroad: Canada’s New Patent Rules — Twelve Notable Changes and Tips
    By David Schwartz* and Jeff Leuschner** On December 1, 2018, the Canadian government released its proposed new Patent Rules in the Canada Gazette, Part I. This is one of the last steps necessary for implementing significant changes to Canada's patent law, which are expected to come into force in 2019. ... Read More
    Source: Patent DocsPublished on 2018-12-05By Patent Docs
  • Of Brownies and Other Nutty Desserts: Supreme court considers whether the “on sale” bar is limited to public sales
    Guest Post by Dmitry Karshtedt, Professor at GW Law.  Prof. Karshtedt attended the Supreme Court oral arguments in Helsinn v. Teva, and provides the following discussion.  A transcript of the arguments is available here: Helsinn Transcript. The oral argument in Helsinn Healthcare v. Teva Pharmaceuticals had a little bit of ... Read More
    Source: Patently-OPublished on 2018-12-05By Dennis Crouch
  • New lawsuits against AT&T, Sprint and Verizon suggest ETRI is doubling down on US monetisation strategy
    After setback in Huawei suit latest court cases show Korean patent owner is behind massive licensing programme ... Read More
    Source: iamPublished on 2018-12-04By Richard Lloyd
  • US Food Drug Administration will follow EMA and relocate in Amsterdam
    Kluwer Patent bloggerThe American Food Drug Administration (FDA) will follow the European Medicines Agency from London to Amsterdam because of the Brexit. That is clear from a report on the website of the FDA, describing its international activities. “Since the first foreign office opened in Beijing in November of 2008, ... Read More
    Source: Kluwer Patent BlogPublished on 2018-12-04