• Patently-O Reporting First Post-Samsung Design Patent Damages Verdict

    Dennis Crouch’s comprehensive write-up on the case, Columbia Sportsware v. Seirus Innovative Accessories, is available here.  According to the post, the jury awarded the plaintiff $3,018,174, and while the jury instructions asked the jury to “identify the ‘article of manufacture’ to which the infringed design has been applied,” based on consideration of several factors, “the jury was not asked to actually define the article of manufacture,” and “the $3 million figure appears to be Seirus’s profits on all of its infringing sales” (emphasis mine).  
    As readers of this blog are probably aware, I’m not a big fan of disgorgement generally, especially when (as apparently was the case here) it results in an award of all of the profit earned on a multi-feature product.  Beyond that, in my view it would make sense if judges more frequently used special verdicts or general verdicts with special interrogatories, as permitted under Federal Rule of Civil Procedure 49, to better test whether a jury’s determination is supported by the evidence.  Here, the judge might have required the jury to define the relevant article of manufacture.  
    Or maybe we could figure out a way to avoid having juries determine these questions altogether . . . could the recovery of the infringer’s profits be viewed as an equitable remedy for which there is no constitutional right to a jury trial?
    Continue Reading ...
  • The SEC Defines Blockchain, But Did They Get it Right?

    The SEC has landed on a definition which includes both permissioned distributed ledgers and permissionless distributed ledgers in the term “blockchain.” This is not surprising, nor is it necessarily the result of a misinformed view. There are lots of market opportunities and reasons for enterprise permissioned distributed ledgers, as there was always market appetite for permissioned systems in general. These ventures use the term “permissioned blockchain” intentionally and purposefully. …

    Continue Reading ...
  • Patent settlement between AbbVie and Amgen delays Humira generic until 2023

    On Thursday, September 28th, a judge in the District of Delaware entered an order stipulating dismissal in a patent infringement case brought by North Chicago-based pharmaceutical firm AbbVie (NYSE:ABBV) against Thousand Oaks, CA-based drugmaker Amgen (NASDAQ:AMGN). According to reports, the settlement follows an agreement between the two companies to delay a generic version of the anti-inflammatory drug Humira from the U.S. market until 2023… Of AbbVie’s total $6.94 billion in net revenues…

    Continue Reading ...
  • Two Patent Collaboration Initiatives – WIPO & IFPMA and the EPO & Africa IP Offices

    WIPO and IFPMA have teamed up on a project that is due to revolutionise access to information on patent protection scope related to healthcare. Their announcement yesterday explains:

    Pat-INFORMED will clearly link public patent information to registered medicines in a new online global gateway, helping health professionals to navigate the medicine-procurement process for the benefit of their citizens. 

    “Pat-INFORMED will make it easier for procurement experts to assess the patent status of medicines, underlining how a well-designed and implemented patent system incentivizes innovation while making available and accessible key information about patented inventions,” said WIPO’s Mr. Gurry. “I welcome the engagement of IFPMA and its membership in this initiative, which responds to real needs in the public health community.”

    The online initiative is expected to be operational by mid-2018 and will provide patent information for small molecule products within oncology; hepatitis C, cardiovascular, HIV, diabetes, and respiratory therapy areas; and any products on the WHO Essential Medicines List that are not within these therapy areas.

    Access to this type of information will be critical for Africa and hopefully will spur on our own innovation and patenting rate, which is dismally poor. Law firm Adams & Adams in conjunction with the EPO recently held a very well attended Patent Examination Summit. The invitation was extended to the heads of IP offices throughout Africa.



    Inaugural Africa Patent Examination Summit attendees (source: Adams & Adams)


    Adams & Adams Partners Danie Dohmen described the meeting as a platform for an “honest and open discussion between the Registrars, regional organisations and the EPO” in assessing the status of patent examination in Africa and prospects for future co-operation. 

    Mr François-Régis Hannart, Principal Director for European and International Co-operation at the EPO, stated: “It is evident that the worldwide patent system is becoming more connected and integrated as a result of globalisation, and that Africa will play an important role in this system. This meeting offered a valuable platform for forging new partnerships in the region, both bilateral and multilateral, thereby strengthening the ties between Europe and Africa even further.”


    Both of the initiatives are very encouraging. Nicky Garnett of Adams & Adams explained that their joint initiative with the EPO is an inaugural event which bodes well for future patent examination on the continent. More on this development on their website here. It is also positive that law firms are becoming engaged in facilitating structural changes on the continent.
    Continue Reading ...
  • First Post-Samsung Design Patent Damages Verdict

    by Dennis Crouch Don’t stare too deeply into the pattern above – it embodies Columbia Sportswear’s U.S. Design Patent No. D657093 – covering “the ornamental design of a heat reflective material, as shown and described.”  The recent $3 million jury verdict in Columbia Sportsware v. Seirus Innovative Accessories appears to be the first post-Samsung verdict on design […]

    Continue Reading ...
  • MEMBER 員・部材

                            目次はこちら

    MEMBER 員・部材

    –>means(手段), element(素子), unit(部)

    $$ Optionally, the substrate 4 could be an intermediate member which is fixed to a machine. / 任意で、基体4は、機械に固定される中間部材であることができる。(USP8141265)

    $$ Selectivity with respect to the other members of the trypsin-like serine protease family is an important issue. / トリプシン様セリンプロテアーゼファミリーの別の構成員に関連する選択性は重要な問題である。(USP7649000)

    $$ Preferably the intermediate member is compressible to ensure sealing formation of said channel. / 好ましくは、中間部材は、前記チャネルの密封形態を確実にするために圧縮できる。(USP7608219)

    $$ FIG. 12 is a face view of that inner member; / 図12は、内側部材を示す正面図である。(USP6000539)

    $$ In this way, the support member 234 is rotatable with the clutch plates 232. / こうして、支持部材234はクラッチ板232と共に回転可能とされている。(USP6691849)

    $$ Embodiments Formed From A Continuous Member / 連続部材から形成される実施形態 (USP6833656)

    $$ Z is a divalent moiety comprising oxygen, boron, or a member of Group 14 of the Periodic Table of the Elements / Zは酸素、硼素または元素周期律表の第14族の一員からなる二価の成分でありる (USP6437062)

                            目次はこちら

    Continue Reading ...
  • Think Twice Before Pulling the Plug on Tech Transfer

    Most assaults on public/private sector R&D partnerships are launched by those who believe patents are inherently bad and that through some undefined magic publicly funded inventions will be developed if they were only made freely available.  However, every couple of years attacks come from another, more threatening direction — claims by well placed, but inexperienced “experts” that if their pet theories were adopted technology transfer from the public sector would sky rocket. One idea…

    Continue Reading ...