On December 13, the U.S. House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing titled Digital Copyright Piracy: Protecting American Consumers, Workers, and Creators to examine the current state of copyright infr…
As 2023 draws to a close, here’s a gift of five golden Federal Circuit patent cases! These decisions issued by the U.S. Court of Appeals for the Federal Circuit (CAFC) significantly impact patent practitioners in several areas, including patent prosecution, litigation, and inter partes reviews (IPRs).
IP legend Marshall Phelps joins host Bruce Berman to deliver a masterclass on IP strategy from a business perspective on Episode 5 of Season 3 of the podcast “Understanding IP Matters.” In the 1990s, as vice-president of IP business and licensing at IBM, Phelps’ group generated as much as $2 billion annually by establishing partnerships and focusing on R&D (IBM rarely sued). In 2003, he was personally recruited by Bill Gates to head Microsoft’s IP business, where he was instrumental in helping it become one of the most profitable IP focused businesses ever. He has taught IP strategy at Cornell, USC, Duke, UC Berkeley, and in Japan.
In 1902, shortly after joining the Buffalo Forge Company, Willis Carrier had a momentary insight while standing on a train station in Pittsburgh, which would lead him to develop his first air conditioner system. The oft-repeated story of this discovery…
Continue Reading ...By Kevin E. Noonan — The past decade or so of U.S. patent law has been characterized by a consistent theme between Federal Circuit decisions and the Supreme Court’s invalidation of them (and sometimes can be discerned even in those rare instances when…
Continue Reading ...BARCELONA, Spain — A recent industry conference panel here covered topics of changing intellectual property scenarios perceived from different angles, in particular from operating companies which manufacture products or services and patent assertion e…
Continue Reading ...Authored by Rose Cordero Prey, Zaed M. Billah, and Ian A. Moore Digest of Graftech Int’l Holdings, Inc. v. Laird Techs. Inc., No. 2015-1796 (Fed. Cir. June 17, 2016) (non-precedential). On appeal from P.T.A.B. Before Reyna, Clevenger, and Wallach. Procedural Posture: … Continue reading →
The post Federal Circuit Rules That Evidence of Commercial Success Must Be Tied to the Claimed Inventions, Not The Prior Art appeared first on CAFCBlog.com.
Continue Reading ...Authored by Rose Cordero Prey, Zaed M. Billah, and Ian A. Moore Digest of Allied Erecting & Dismantling Co. v. Genesis Attachments, LLC, No. 2015-1533 (Fed. Cir. June 15, 2016) (precedential). On appeal from P.T.A.B. Before Newman, Dyk, and Wallach. Procedural … Continue reading →
The post Federal Circuit Rules That An Inoperable Combination Does Not Show the Lack of a Motivation to Combine appeared first on CAFCBlog.com.
Continue Reading ...Authored by Rose Cordero Prey, Zaed M. Billah, and Ian A. Moore Digest of Yufa v. TSI, Inc., No. 2015-1063 (Fed. Cir. June 14, 2016) (non-precedential). On appeal from C.D. Cal. Before Newman, Dyk, and Wallach. Procedural Posture: Plaintiff patent owner … Continue reading →
The post Federal Circuit Rules That Conclusory Assertions Cannot Defeat Summary Judgment appeared first on CAFCBlog.com.
Continue Reading ...Populism is in vogue these days and critics of pharmaceutical patents are trying to ride the wave, claiming that undermining patents will dramatically decrease prices but not reduce innovation. Both sides of that claim are flawed, writes Steven Tepp.
Continue Reading ...Algal blooms are caused when algae living in seas or freshwater grow uncontrollably because of the presence of nutrients like phosphorus or nitrogen; high temperatures and the underwater penetration of light also play roles in the process. Public heal…
Continue Reading ...Although the 12-year exclusivity period for original biologic products was a heavily negotiated provision of the Biologics Price Competition and Innovation Act (BPCIA), increased spending on biologic drugs has led to calls to shorten that exclusivity period to expedite biosimilar market entry. Most recently, on June 23, 2016, Illinois Congresswoman Jan Schakowsky and Senators John McCain (R-AZ) and Sherrod … Continue reading this entry
Continue Reading ...UTILIZE / UTILISE
$$ Overflows are taken into account in a way which is already known in the utilisation of hash tables.(USP02029357)
$$ Efficient source utilisation is not a concern in this process, and much of the source material sticks to …
Continue Reading ...14. A method comprising:aligning words to a desired word boundary, wherein each of the words has a plurality of bits;receiving from a word aligner, by a bit slipper, information regarding the aligning; andslipping bits of the words, wherein total delay due to the aligning and the slipping is constant for all phases of a recovered clock signal,wherein the aligning and the slipping are performed by a transceiver system.
Takeaway: This a useful decision by the PTAB illustrating how to rebut an Examiner’s rejection under step one of the Alice/Mayo framework. For example, Applicants and practitioners may contemplate including prior deficiencies to illustrate the technological improvements and benefits of the invention in order to align the claims at issue with the decision in Enfish (illustrating that claims are directed to improving the functioning of the computer).
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UV
$$ Polymeric compounds for lithographic printing plates, especially plates for use in printing utilizing UV curable inks, may include a structural unit …
Continue Reading ...Authored by Rose Cordero Prey, Zaed M. Billah, and Ian A. Moore Digest of Genzyme Therapeutic Prods. Ltd. v. Biomarin Pharma. Inc., No. 2015-1720 (Fed. Cir. June 14, 2016) (precedential). On appeal from P.T.A.B. Before Moore, Bryson, and Reyna. Procedural Posture: … Continue reading →
The post Federal Circuit Rules That P.T.A.B. Can Cite Prior Art References In An IPR Proceeding Even Though the References Were Not Set Forth In An Earlier Institution Decision appeared first on CAFCBlog.com.
Continue Reading ...Authored by Rose Cordero Prey, Zaed M. Billah, and Ian A. Moore Digest of In re Zhang, No. 2015-1995 (Fed. Cir. June 17, 2016) (non-precedential). On appeal from P.T.A.B. Before Lourie, Dyk, and Stoll, per curiam. Procedural Posture: Appellant patentee appeals … Continue reading →
The post Federal Circuit Rules that a Substitution in the Prior Art May be Obvious Even if it Results in a Somewhat Inferior Structure appeared first on CAFCBlog.com.
Continue Reading ...Authored by Rose Cordero Prey, Zaed M. Billah, and Ian A. Moore Digest of In re Kayyali, No. 2016-1081 (Fed. Cir. June 14, 2016) (non-precedential). On appeal from P.T.A.B. Before Taranto, Clevenger, and Chen, per curiam. Procedural Posture: Appellant patentee appealed P.T.A.B.’s … Continue reading →
The post Federal Circuit Rules on Issues of Obviousness and Finds Prior Art Did Not Teach Away Even Though it Disclosed Advantages of Using an Alternative appeared first on CAFCBlog.com.
Continue Reading ...The Modern Poland Foundation is pleased to launch an Open Call for Speakers at the 5th International CopyCamp Conference (October 27-28, 2016 in Warsaw).
Continue Reading ...This new post-prosecution pilot program feels a lot like rearranging the chairs on the Titanic. Unless and until the Patent Office does something about recalcitrant patent examiners this effort may wind up being much ado about nothing… If you look at…
Continue Reading ...Protection of the official names of States and prevention of their registration and use as trademarks have been the focus of attention of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications at the World Intellectual Property Organization (the “SCT”) for over six years (since June 2009). Each of the WIPO Member States has both its own national procedures with their peculiarities and some coinciding positions on the subject. Generally speaking, when…
By Andrew Williams — Last year, the Federal Circuit described the Biologics Price Competition and Innovation Act (“BPCIA”) as “a riddle wrapped in a mystery inside of an enigma” in the Amgen v. Sandoz case. Nevertheless, one of the provisions of the BPCIA was still shrouded in mystery after that opinion — the Notice of Commercial Marketing provision found at 42 U.S.C. § 262(l)(8)(A). While at the same time describing this Notice provision as both mandatory and a stand-alone provision (independent of the information-disclosure and patent-exchange provisions that comprise the rest of § 262(l)), the Amgen v. Sandoz Court limited…
The European Commission is expected to pass a controversial declaration on the “adequacy of US data protection standards” on 12 July, making transfers of personal data from the European Union to the United States legal once more.
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