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Patents

  • Update from the Compendium of Federal Circuit Decisions
    By Jason Rantanen We recently launched an updated version of the Compendium of Federal Circuit Decisions that contains information on decisions posted to the Federal Circuit’s website for all origins, not just appeals arising from the USPTO and District Courts (although the richest data is still for appeals from those ... Read More
    Source: Patently-OPublished on 2019-07-06By Jason Rantanen
  • As Sisvel files suit against Dell more light is thrown on Provenance’s ongoing evolution
    Licensing platform might be contemplating own assertion campaign in a search for alternative ways to generate revenue from huge portfolio ... Read More
    Source: iamPublished on 2019-07-05By Richard Lloyd
  • Predictability and Criticality in the Written Description Analysis
    by Dennis Crouch In re Global IP Holdings (Fed. Cir. 2019) In its reissue application, Global IP asked the PTO to broaden its carpeted-car-floor patent by changing the “thermoplastic” requirement to simply “plastic.”  The PTO rejected the reissue application on written description grounds — noting that the specification only discloses ... Read More
    Source: Patently-OPublished on 2019-07-05By Dennis Crouch
  • NL – Philips v. Wiko / FRAND / Appeal
    Koninklijke Philips N.V. v. Wiko SAS, Court of Appeal The Hague, The Netherlands, 2 juli 2019, Case no. 200.219.487/01 In an interim ruling the Court of Appeal earlier ruled that the claims according to the second auxiliary request are deemed to be valid and infringed by Wiko (see here). Wiko’s ... Read More
    Source: EPLAW Patent BlogPublished on 2019-07-05By Annette Hirschfeld
  • Prepare for a CRISPR patent pool
    In an exclusive interview, MPEG LA’s Kristin Neuman says that a pool is on its way despite the UCal v Broad stand-off and talks about the future of licensing in biotech’s ‘golden age’ ... Read More
    Source: iamPublished on 2019-07-05By Adam Houldsworth
  • Taiwan chip packaging firm gears up for IP skirmishes
    Kingpak, a specialist automotive imaging, recently picked up former Round Rock assets in its first patent purchase. It’s also supplying the firepower for a new US litigation campaign ... Read More
    Source: iamPublished on 2019-07-05By Jacob Schindler
  • Food Marketing Institute v. Argus Leader Media (2019)
    By Joshua Rich -- Although patentees generally do not have great concerns about the Freedom of Information Act (FOIA) because of the U.S. Patent and Trademark Office's secrecy requirements, they may lose control over their information under FOIA if they submit it to other parts of the government. Prior to ... Read More
    Source: Patent DocsPublished on 2019-07-05By Patent Docs
  • World Cup on a US Holiday Weekend
    Happy 4th of July. We’re looking forward to the World Cup finals on Sunday! ... Read More
    Source: Patently-OPublished on 2019-07-04By Dennis Crouch
  • A new approach to patent licensing for 5G
    How a more proactive, collaborative approach by SEP licensors - one that focuses on reaching out to start-ups and SMEs - could lead to a lot more deals and a lot less pain ... Read More
    Source: iamPublished on 2019-07-04By Lillian Safran Shaked
  • Top 3 Posts of the Spring from our IP Law Blogs
    Kluwer Patent BlogTo 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 April, ... Read More
    Source: Kluwer Patent BlogPublished on 2019-07-04
  • Judge Koh (not unexpectedly) denies Qualcomm’s motion to stay enforcement of FTC antitrust remedies
    Yesterday, on the eve of the Fourth of July, Judge Lucy H. Koh of the United States District Court for the Northern District of California ruled on Qualcomm's May 28 motion to stay the enforcement of the Federal Trade Commission's antitrust remedies as well as on a motion by the ... Read More
    Source: FOSS PATENTSPublished on 2019-07-04By Florian Mueller
  • Re-shuffle puts new leaders at the top of Japan’s IP policy apparatus
    Akira Matsunaga (pictured) will take the reins from Naoko Munakata. The JPO’s first woman commissioner served for two years, advocating reforms and sometimes drawing push-back ... Read More
    Source: iamPublished on 2019-07-04By Bing Zhao
  • UK – Napp v. Sandoz
    UK Court considers whether it can fortify a cross-undertaking for damages after the injunction has been discharged Sandoz Limited (Sandoz) (Second Defendant) applied to the court for fortification (requiring a payment to be made into court) of a cross-undertaking given by Napp Pharmaceutical Holdings Limited (Napp) (Claimant) in respect of ... Read More
    Source: EPLAW Patent BlogPublished on 2019-07-04By Annette Hirschfeld
  • UK – Emson v. Hozelock
    (1) E. Mishan & Sons, Inc T/A Emson v (1) Hozelock Limited (2) Blue Gentian LLC (3) Telebrands Corp (17 April 2019, Patents Court, UK, Case No. HP-2017-000050) UK Court considers circumstances surrounding a prior use validity attack The UK Patents Court found that two similar GB and EP patents ... Read More
    Source: EPLAW Patent BlogPublished on 2019-07-04By Annette Hirschfeld
  • Lewis Silkin acquisition
    General practice outfit Lewis Silkin’s acquisition of Ablett & Stebbing is a first and demonstrates just how far things have moved in a once conservative market ... Read More
    Source: iamPublished on 2019-07-03By Joff Wild
  • Athena Loses on Eligiblity – Although 12 Federal Circuit Judges Agree that Athena’s Claims Should be Eligible
    by Dennis Crouch Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC (Fed. Cir. 2019) In a 7-5 decision, the Federal Circuit has denied Athena’s petition for en banc rehearing on the question of eligibility of diagnostic patents. As discussed below, the en banc denial includes eight (8) separate opinions — all of ... Read More
    Source: Patently-OPublished on 2019-07-03By Dennis Crouch
  • Creative business leaders look beyond their industry to solve problems
    All companies go through rough patches, in which innovation is slow and revenue comes from changes in existing product lines only. How senior management approach such challenges could make or break a business, with one possible solution being to alter the approach to discovering breakthrough ideas. ... Read More
    Source: iamPublished on 2019-07-03By Rajesh Agarwal
  • Employer versus employee: and the winner is…
    In a recent decision, the Court of Milan has offered a broad interpretation of employers’ rights to patents filed by employees where the patents are in the employer’s general field. It opined that the employer should be favoured in the case at hand as the inventive act was carried out ... Read More
    Source: iamPublished on 2019-07-03By Salvatore Pennacchio
  • New legislative bill could be the answer to patent backlog
    The Brazilian National Congress is currently processing a legislative bill, which seeks to amend the Industrial Property Law. If approved, it will give the National Institute of Industrial Property a great deal more autonomy and accelerate the examination of trademark and patent applications. ... Read More
    Source: iamPublished on 2019-07-03By Flórency Rodrigues
  • Mobile customs groups: from combating sanctioned food to fighting counterfeits
    A specialised customs division created to detect and destroy sanctioned foodstuffs following President Vladimir Putin’s prohibition on the import of certain products is  now being used to detect other illegal products, such as counterfeit goods and drugs. ... Read More
    Source: iamPublished on 2019-07-03By Karina Skomorokhova
  • Taiwan Supreme Court takes account of clinical trial period in Pfizer
    The Supreme Court has handed down its decision on patent-term extensions in landmark case Pfizer v Novartis. This is not only a victory for Pfizer but also a milestone in the Taiwanese patent system, demonstrating that the court has finally gauged how to determine the clinical period for patent-term extensions. ... Read More
    Source: iamPublished on 2019-07-03By Frank Lu,Wade Lin
  • USPTO Disables PKI Authentication for EFS-Web and Private PAIR
    By Donald Zuhn -- In a Patent Alert e-mail distributed today, the U.S. Patent and Trademark Office announced that PKI authentication for EFS-Web and Private PAIR has been permanently disabled. The Office had previously announced in late December that the initial December 31, 2018 deadline for the retirement of PKI ... Read More
    Source: Patent DocsPublished on 2019-07-03By Patent Docs
  • Exclusive – A deep dive into what’s on offer in the blockbuster Intel patent auction
    Chip giant talks up the value of what's for sale with details of extensive use, low encumbrances, broad geographic scope and relative youth of assets; final bids due in mid-August ... Read More
    Source: iamPublished on 2019-07-02By Richard Lloyd
  • Good Luck Enforcing a Payment System Patent Claimed in Abstract Form
    by Dennis Crouch Innovation Sciences, LLC v. Amazon.com, Inc. (Fed. Cir. 2019) Eligibility: Of the three patents in suit, the district court found one ineligible under 35 U.S.C. § 101. U.S. Reissue Patent No. 46,140 (asserted claim 17).  The patent claims an use of a “payment server” in an online transaction to enhance ... Read More
    Source: Patently-OPublished on 2019-07-02By Dennis Crouch
  • AbbVie’s Allergan play designed to mitigate Humira patent cliff
    The $63 billion purchase is designed to mitigate the effects of losing the exclusive rights to the world’s best selling drug ... Read More
    Source: iamPublished on 2019-07-02By Adam Houldsworth
  • Draft Patent Amendment Rules 2019
    patent amendment rules 2018The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry has proposed draft of rules to amend the Patent Rules, 2003. Indian Patent Act, 1970 confers this power to the government as mentioned in its Section 159. The draft rules to amend ... Read More
    Source: IntepatPublished on 2019-07-02By Intepat Team
  • Japanese aircon giant latest to pledge patent non-aggression
    Ten years ago, the company bet big on sharing technology with Chinese upstarts. Now Daikin is opening up a portfolio of refrigerant patents ... Read More
    Source: iamPublished on 2019-07-02By Jacob Schindler
  • CRISPR Battle Joined Again
    By Kevin E. Noonan -- On June 24th, the U.S. Patent and Trademark Office declared an interference between patents (and an application) assigned to the Broad Institute (and other institutions) and applications assigned to the University of California/Berkeley. If this sounds like deja vu all over again it is and ... Read More
    Source: Patent DocsPublished on 2019-07-02By Patent Docs
  • When do the “Principles of Equity” allow for Profit Disgorgment?
    Romag Fasteners, Inc. v. Fossil, Inc., et al., No. 18-1233 (Supreme Court 2019). The Supreme Court has granted writ of certiorari in the trademark case of Romag Fasteners involving profit disgorgement under 15 U.S.C. § 1117(a). The statute appears to provide profit disgorgment (i.e., awarding the defendant’s profits) as a regular remedy ... Read More
    Source: Patently-OPublished on 2019-07-01By Dennis Crouch
  • Duty to Submit Supplemental Evidence
    Polygroup Limited MCO v. Willis Electric Co., LTD (Fed. Cir. 2019) In a rare split decision, the PTAB upheld the patentability of Polygroup’s U.S. Patent No. 8,974,072 (2-1 decision).  On appeal, however, the Federal Circuit has vacated that decision with an oddly written double-negative conclusion: “substantial evidence does not support the ... Read More
    Source: Patently-OPublished on 2019-07-01By Dennis Crouch